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Oklahoma Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy, Divorce and Family Law for Oklahoma on
Q: Can I file bankruptcy on a Court Order/Judgement that says I am to pay ex's $10-$15K attorney fees if I lose in court?

If people CAN discharge attorney fees in a bankruptcy and assuming you where my ex's attorney and found out that I may do that, would you still want to take this case to trial or attempt to settle it asap since you may not get paid even if you won.

If you say NO that you would not want... View More

Pete David Louden
Pete David Louden
answered on Nov 5, 2017

Attorney fees may or may not be discharged, it depends on several factors. Much better move is hire an attorney so that you don't lose the case to start with and avoid this issue.

1 Answer | Asked in Bankruptcy for Oklahoma on
Q: We filed a chapter 13 bankruptcy less than 2 years ago. I am wanting to know if we can move it to a chapter 7
Todd Laster
Todd Laster
answered on Apr 7, 2017

If you have an attorney you should direct this question to them. If you do not have an attorney it is possible to convert a Chapter 13 case to a Chapter 7 case depending on a number of different factors. If you are in a Chapter 13 because your income was to high to be in a Chapter 7 and your... View More

1 Answer | Asked in Bankruptcy for Oklahoma on
Q: I make $51,000 a year. Can I still file chapter 7 since I am over the median income?

I pay child support. Feeding myself comes second to putting gas in the car to get to work. I work 45 miles from my home.

Todd Laster
Todd Laster
answered on Aug 24, 2016

It is possible to qualify for a Chapter 7 even if you are above the median income. There is an additional portion of the Chapter 7 Means Test for debtors who are above median income that takes into consideration deductions for certain allowable living expenses, taxes, secured payments on certain... View More

1 Answer | Asked in Bankruptcy, Consumer Law and Family Law for Oklahoma on
Q: My ex husband and I filed chapter 13 on our mortgage in 2007 and in 2008 got divorced.

I moved out and left him the house. I obtained a lawyer and had the bankruptcy discharged since I had left the marriage with just my personal belongings. In 2009 he filed chapter 11 on the mortgage. Now on my credit report, it is showing that I am behind 90-120 days with a mortgage company for... View More

Todd Laster
Todd Laster
answered on Jun 9, 2016

If you surrendered the home in your prior bankruptcy, you may have a claim against the mortgage company violating the discharge. You should contact your previous bankruptcy attorney about this matter as you may have a claim against the mortgage company. If your prior Chapter 13 bankruptcy was... View More

2 Answers | Asked in Bankruptcy for Oklahoma on
Q: Can bank seek money judgment against me?

I bought a house when I was married but only I signed the promissory. I get divorced and have to file bankruptcy. House is surrendered in bankruptcy. House is now in foreclosure. Can the bank seek money judgment against me or my ex?

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 10, 2015

Did you reaffirm the debt in the bankruptcy. Basically, the debt was discharged if you did not, and they cannot seek a judgment against you personally.

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1 Answer | Asked in Bankruptcy for Oklahoma on
Q: Is there a way i can pull up everything that our lawyer has filed on for us in bankruptcy, here on the computer?
Andrew Bresalier
Andrew Bresalier
answered on Feb 10, 2014

A: Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents.

1 Answer | Asked in Bankruptcy for Oklahoma on
Q: My ex wife has filed bankruptcy (chapter 7) and my name is still her house note. will I need to file also?
Andrew Bresalier
Andrew Bresalier
answered on Feb 10, 2014

A: If she is granted a discharge, you will still be liable for the Note/Mortgage. Bankruptcy is an option; however Debt is not the only thing to look at when considering Bky. Income must be examined to confirm you pass the Means Test (income is compared to those in your community). You must also... View More

1 Answer | Asked in Bankruptcy for Oklahoma on
Q: My mom cosigned on a medical credit card for me. If I file bankruptcy does she have to file bankruptcy also?
Andrew Bresalier
Andrew Bresalier
answered on Feb 10, 2014

A: There is no such thing as a mere cosigner. This does not create a secondary / less liable class for you. The loan is in both you names. Payment or no, Bky or No, they can come after her the same as you.

2 Answers | Asked in Bankruptcy for Oklahoma on
Q: If I filed bankruptcy in July 1997, which was discharged in December 1997 on my student loans, can they still collect?

I understand that the laws changed in 1998, but I filed again in 2005, which were also discharged. The depart of Education is is still trying to collect after I was approved on a home loan in November of this year. Until now I have not heard anything about the loan being paid back. They won't... View More

Andrew Bresalier
Andrew Bresalier
answered on Feb 10, 2014

A: Student loans are not dischargeable and there is no Statute of Limitation on their pursuit. In rare events they can be forgiven for Total and Permanent Disability, which is well beyond the SS definition.

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1 Answer | Asked in Bankruptcy for Oklahoma on
Q: When filing credit card bankruptcy, is your mortgage loan or car loan affected
Andrew Bresalier
Andrew Bresalier
answered on Feb 10, 2014

A: When you file Bky everything is included. Everything you own and owe. You can keep things, such as a mortgaged property via a Reaffirmation Agreement, but still everything owned and owed is included.

1 Answer | Asked in Bankruptcy for Oklahoma on
Q: If my attorney will not call me back, how do I know if my Chapter 13 bankruptcy case is closed or not?
Howard Berkson
Howard Berkson
answered on Dec 7, 2013

You might try visiting your attorney's office or send a letter to be sure there is no accidental miscommunication. You can go on pacer.gov, make an account, and search for your case. The documents there should tell you the status of your case.

1 Answer | Asked in Bankruptcy for Oklahoma on
Q: If you pay an attorney for a Bankruptcy and three days later, change your mind, does he have to refund your money, espec
Howard Berkson
Howard Berkson
answered on Nov 22, 2013

The attorney is entitled to pay for any work he performed and for any costs he accepted, such as fees for filing your bankruptcy. If he did a lot of work in three days, there may be nothing to refund. If the amount you paid is excessive for the amount of work performed, the attorney should refund... View More

1 Answer | Asked in Bankruptcy for Oklahoma on
Q: How can i find out my case number my attorney is not available
Howard Berkson
Howard Berkson
answered on Nov 22, 2013

You can go to pacer.gov, make an account, and search for your name.

1 Answer | Asked in Bankruptcy for Oklahoma on
Q: How do I obtain copies of bankruptcy in western district of oklahoma in 1997
Howard Berkson
Howard Berkson
answered on Oct 25, 2013

The easiest way would be to use the PACER system at pacer.gov. It doesn't cost much and it is fairly easy to use. However, the records may not go back to 1997. You should call the clerk's office to find out how far back the records go. Every court is different. If the PACER records... View More

1 Answer | Asked in Bankruptcy for Oklahoma on
Q: I have assets of 400000 and debts of 700000 Can I use the 400000 of Assets in any way if I file bankruptcy?
Howard Berkson
Howard Berkson
answered on Oct 25, 2013

Some assets are exempt from bankruptcy. Whether you retain control over any non-exempt assets depends first on the type of bankruptcy you file. If you file for Chapter 7, you will not likely have any use of the non-exempt assets. If you file for Chapter 11 or 13, a lot depends on how you would... View More

1 Answer | Asked in Bankruptcy for Oklahoma on
Q: I filed bankruptcy about 11 years ago, I have fallen on hard times again, am I allowed to file for a second time?
Howard Berkson
Howard Berkson
answered on Oct 25, 2013

Probably yes. However, the time you filed is not the key issue. To fully answer your question, an attorney would have to know the type of bankruptcy you had, when it was discharged, and the type of bankruptcy you would be seeking now.

1 Answer | Asked in Bankruptcy for Oklahoma on
Q: How can i find my case number online
Andrew Bresalier
Andrew Bresalier
answered on Nov 10, 2011

Sign up for PACER. The service is free, as long as you use less than $10 per calendar quarter. You must know the specific District Court where the case was filed and use the service for that District.

1 Answer | Asked in Bankruptcy for Oklahoma on
Q: How can i research bankruptcy records for Oklahoma from 1978 through current date?
Mr. Jarod Morris
Mr. Jarod Morris
answered on Mar 28, 2011

Sorry I don't have a specific answer for you. If you call the Western District of Oklahoma Bankruptcy Court at 405.609.5700, they may be able to provide additional information. Sorry I couldn't provide more information. If I think of anything, I'll update my response.

1 Answer | Asked in Bankruptcy for Oklahoma on
Q: My husband & his ex-wife filed bankruptcy in 2002. It is not showing discharged. What is the best way to start to fix?
Mr. Jarod Morris
Mr. Jarod Morris
answered on Mar 28, 2011

Contact the attorney that filed the bankruptcy paperowrk. If you don't know who that is, your husband should have paperwork identifying the Bankruptcy Trustee. Contact the trustee and ask what, if anything, is holding the process up.

If you don't have anything, any attorney...
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