Oklahoma Bankruptcy Legal Questions

If the matter was for legal fees during a divorce and the court ordered you to pay legal fees, the debt is not a dischargeable debt. Possibly appealing the decision, would seem a more correct way to fight the legal fee issue. the court has a right to ask you to pay legal fees if your income level was greater than his, not the case here, or your legal position was frivolous, also doesn't seem as it applies. I don't understand why you had to pay his legal fees.... Read More

Any time you transfer an asset for less than reasonably equivalent value, you run the risk of any creditors you have suing the party you transfer the asset to to recover the value transferred. This is the textbook definition of a fraudulent transfer and is governed primarily by the laws of your state. This also depends on the property laws of your state (whether community property or not) since the Trustee in your husband's bankruptcy case may be able to sue your son if you transfer the vehicle to him prior to the bankruptcy case being filed. You need to check with an attorney in your state regarding the possible fraudulent transfer issues. Most likely if your state is not a community property state, and you personally have NO debts (no credit cards, etc.) then it might be safe to transfer the vehicle to your son.  But I don't know what Oklahoma's laws are on that. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.... Read More

It depends on the law of the state where you live. In Arizona - no, unless it is a student loan, tax obligation, cross-collateralized debt, or a debt with that same bank. Talk to a good bankruptcy attorney in your state. Please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.... Read More

No, the Credit Card company would first need to get a final judgment, before they can garnish accounts. The only time this is not true is if the Credit card is from the same bank as the card is from and there is a cross collaterilization clause in the credit card agreement, (which there usually is). You should find a debt counseling type of attorney that can work out an installment payment agreement on your behalf and make it binding. If they do so the court has to give you an Installment Payment you can afford.... Read More

It doesn't hurt to talk to anyone, but I would highly advise that you have a consultation with a bankruptcy attorney before making any decision.   People seem to have the misconception that by merely speaking to a bankruptcy attorney, that means they have filed a bankruptcy case ---or are obligated to.    That's beyond belief.  Most competent bankruptcy attorneys only file cases for about 20% of the people that come in for consultations. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read More

Your facts as stated make no sense.  First of all, in any bankruptcy case you are required to list all assets and all debts.  A failure to do that is grounds both for denial of your discharge (or, in your case revocation of your discharge), and possible criminal sanctions.   I'm not exactly sure what you mean by "include", but if that's what you meant, you should visit a bankruptcy attorney who is a certified specialist and evaluate your options. Your spouses parents living in the property has/had nothing at all to do with the requirement to list the property in the bankruptcy schedules.    Not only that, filing bankruptcy does not alter title to the property, so I'm sorry, but when you say you want to reopen the case to "straighten out title" that simply makes no sense at all. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.    ... Read More

Yes, you can and you should.  On the other hand, if you were ordered to pay any of the debts and to hold him harmless in the divorce, you have to give careful consideration to filing chapter 13 instead of chapter 7.  While a chapter 7 will wipe out the debt you owe to the creditor, it will not wipe out the divorce decree obligation to hold your ex harmless.  So, if he is also liable on such debts, you would have to pay them anyways just to assure they don't go after him.  In chapter 13, you get a discharge at the end of the plan from both the debt to the creditor and the obligation to hold the ex harmless.... Read More

There is no limit to how many times a bankruptcy case can be filed.  There are limits, however, on whether you can receive a discharge of debts in a case when there are prior cases filed. You have not provided any information on which chapter your prior case was, so it's impossible to address your specific situation, but you may wish to review the answers to a similar recent post at http://www.lawyers.com/ask-a-lawyer/460614.html Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read More

You can file another Chapter 7 case after 8 years have passed since the date you filed your prior Chapter 7.  The date the discharge was granted is irrelevant. You can also file a Chapter 13 case now and do a repayment plan of some kind based on your ability to pay. Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of California Board of Legal SpecializationHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr  ... Read More

This is a common mistake made by people who are representing themselves, but it is even more unfortunate when it happens to someone who is represented by an attorney, so I very sorry you are having to deal with this.  The quality of the attorney you select is important in bankruptcy, as this is a tricky area of law. At this point, your only option is to file a Motion with the bankruptcy court to reopen your case to allow you to file the course certificate (Form 23) and receive your discharge.    If this is the attorney's fault, then he/she should do this for you without further charge.  There is a court filing fee of $260 to reopen the case (if it has already been closed) which must be paid by someone. You need to consult with the administrators of the legal plan you are a part of because that will probably determine what, if anything, you have to pay for to fix this.   Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of California Board of Legal SpecializationHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr... Read More

The best way to protect your grandparents rights in the property, which simply to drawer up a mortgage, sign it, notarized it and recorded in the proper institution (registry of deeds or Townhall). This is not needed to protect your grandparents rights, you could simply reaffirm the debt on your chapter 7 bankruptcy, but placing a mortgage on the property would be your best bet. I would not go through the trouble of placing a lien on the property, as this will cost more than putting a mortgage on the property and you will have to go to court to do so. I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.   Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook  ... Read More

Filing under any chapter will stop the repossession. However, if you can't afford to pay for the car, bankruptcy will probably be only a temporary fix (although you may be able to modify the payments under specific circumstances). Like most questions in bankruptcy, the answer is to speak with a qualified atty who can advise you.... Read More

What said it was discharged?  Which chapter did you file?  If you're referring to the general notice titled "Discharge of Debtor"  in a Chapter 7 or Chapter 13 case, that indicates that you were discharged from any debts which are dischargeable under the Bankruptcy Code.  Student loans are not dischargeable in bankruptcy unless you file an adversary proceeding and are able to prove undue hardship at trial.   In fact, if you look at the reverse side of the notice, it will give you a list of debts which usually are not discharged, and student loans are one of them. If you qualify, you can seek to reopen your case to litigate the undue hardship claim at any time. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr ... Read More

Including past due HOA dues wouldn't affect whether or not they can foreclose, it only affects whether or not you have to pay it after foreclosure if they aren't paid from the sale.  But no, you can't include HOA dues that accrued after your bankruptcy case was filed anyway.  You might be able to file a Chapter 13 case to catch up on the HOA payments.  Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr ... Read More

Brent, Typically, a Chapter 13 bankruptcy can stop the foreclosure of a house or repossession of a vehicle. Obviously, you would need to be sure that you qualified for the Chapter 13 bankruptcy and have it filed in a reasonable time for it to stop those two things. A Chapter 13 bankruptcy is a repayment plan that, in addition to making your current payments, pays back a portion of your arrearages over a 36-60 month time period. Terry Duncan Charlotte, NC Bankruptcy Lawyer ... Read More

Brent, Typically, a Chapter 13 bankruptcy can stop the foreclosure of a house or repossession of a vehicle. Obviously, you would need to be sure that you qualified for the Chapter 13 bankruptcy and have it filed in a reasonable time for it to stop those two things. A Chapter 13 bankruptcy is a repayment plan that, in addition to making your current payments, pays back a portion of your arrearages over a 36-60 month time period. Terry Duncan Bankruptcy Lawyer in Charlotte, NC... Read More