Oklahoma Bankruptcy Legal Questions

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70 legal questions have been posted about bankruptcy by real users in Oklahoma. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include commercial bankruptcy, consumer bankruptcy, and foreclosures. All topics and other states can be accessed in the dropdowns below.
Oklahoma Bankruptcy Questions & Legal Answers
Do you have any Oklahoma Bankruptcy questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 70 previously answered Oklahoma Bankruptcy questions.

Recent Legal Answers

How would bankruptcy help me in my predicament

Answered 7 years ago by attorney Bankruptcy Attorney Mark J Markus   |   1 Answer   |  Legal Topics: Bankruptcy
Very sorry to hear about all your issues.  It sounds like bankruptcy would be  very good option to eliminate your debts and start to rebuild your credit and eliminate the pressure you have from your creditors. You should have a consultation with an experienced bankruptcy attorney in your area.... Read More
Very sorry to hear about all your issues.  It sounds like bankruptcy would be  very good option to eliminate your debts and start to... Read More

What will happen if I don't have any of the info or assets that Iโ€™m supposed to take to the asset hearing?

Answered 9 years and 6 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
Show up on time anyway. Be ready to explain yourself. (Just dinna wanna muck with it is not going to be acceptable.) Move your tush and have available what you can, Effort makes a difference.
Show up on time anyway. Be ready to explain yourself. (Just dinna wanna muck with it is not going to be acceptable.) Move your tush and have... Read More
If you are current when you file you can reaffirm any secured debt which would include both your mortgage and your car. However if you are behind you cannot reaffirm and need to look at Chapter 13 in order to keep them.
If you are current when you file you can reaffirm any secured debt which would include both your mortgage and your car. However if you are behind you... Read More

Can I have a garnishment filed against me even while making payments?

Answered 9 years and 10 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
Unfortunately, the short answer is yes.
Unfortunately, the short answer is yes.

What are my options after I called my bank to surrender my car but they wonโ€™t pick it up unless I sign a paper?

Answered 10 years ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
Until you have at least one missed payment, they wouldn't have a right to pick up your car. that's why they want something in writing, not a phone call. Tell the bank when you are coming and request they have their paper ready. Arrange for a friend to follow you to the bank. Deliver the car you want to surrender, sign off and have your friend drive you away. If no friend is available, take a cab away from the bank. If your bank is in another city or state, that makes it harder. Maybe a friend or someone else you know can hold the car until the paperwork is in order.... Read More
Until you have at least one missed payment, they wouldn't have a right to pick up your car. that's why they want something in writing, not a phone... Read More

can my wife file medical bankrupsy without hurting my credit

Answered 10 years ago by Ryan Paul DeArman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
You most certainly can.  Your wife filing bankruptcy would have zero effect on your credit.  Your name would never even be mentioned in the bankruptcy.    Thanks
You most certainly can.  Your wife filing bankruptcy would have zero effect on your credit.  Your name would never even be mentioned in the... Read More

Do I legally have to pay a parking citation from a private company?

Answered 10 years and 2 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
You do not indicate the amount. You do not indicate why you were ticketed. Inside ten minutes would not seem to exceed any limits which might be posted. Were you parked in no parking area, or handicapped, or in more than one space. Pay it and move forward, or contest it and devote time and treasury both to the matter.... Read More
You do not indicate the amount. You do not indicate why you were ticketed. Inside ten minutes would not seem to exceed any limits which might be... Read More

When do debt judgement property liens expire?

Answered 10 years and 3 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
A lien wont preclude a sale. It will divert sale proceeds, in the appropriate amount, to satisfy the lien before the seller receives his/her share of the proceeds.
A lien wont preclude a sale. It will divert sale proceeds, in the appropriate amount, to satisfy the lien before the seller receives his/her share of... Read More

What should I do if a hotel we stay at is trying to charge us $400 for a broken window we did not cause?

Answered 10 years and 4 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
If you did not break the window, shut down the window part of the payment, or dispute it if it is paid. You may get sued. You may not. That is a hotel decision, not yours. People say a lot of things. If you do get sued, bring your witnesses to court.
If you did not break the window, shut down the window part of the payment, or dispute it if it is paid. You may get sued. You may not. That is a... Read More

Can an attorney for the lender seize my only income, which is social security?

Answered 10 years and 6 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
If your sole income is social security, it can not be garnished. If you are baking cakes and selling them and putting that income into the same account as the ss funds, you'll likely have to prove what is ss and what is cake money. Keep your ss money separate from any other source is the lesson there. You still owe on the debt, unless you discharge it in a bankruptcy, but they can not garnish the ss money. However, should you win the lottery this weekend, they could come after those funds. If you are being told otherwise, you are dealing with someone who doesn't know, or who perhaps hopes you do not know and will agree to start sending payments. Do not do that. You do not have to.... Read More
If your sole income is social security, it can not be garnished. If you are baking cakes and selling them and putting that income into the same... Read More

What are my rights against loan company harassment?

Answered 10 years and 7 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
You can not preclude a lawsuit on a valid loan in default status. You can shut down abusive behavior. As you are unemployed, contact Legal Aid to see if they will assist in ending harassment. If you happened to have actually documented the harassment of you and others, see counsel in your area about filing a suit for violations.... Read More
You can not preclude a lawsuit on a valid loan in default status. You can shut down abusive behavior. As you are unemployed, contact Legal Aid to see... Read More

Can I return the car that I bought in 2008, bad credit, high interest and transmission breaks down on the way back from the hospital?

Answered 10 years and 8 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
Your financial circumstances seem dire. You can turn the car in. They can sue for breech of contract. You can probably handle a judgment as a person who is likely judgment proof. Speak to an attorney of your choice. Most of us provide an initial no obligation consultation.
Your financial circumstances seem dire. You can turn the car in. They can sue for breech of contract. You can probably handle a judgment as a person... Read More

Do I need to give a certain amount of time for them to move their belongings?

Answered 10 years and 9 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
You indicate your uncle is owed money, but nothing about what written agreement may exist between he and the purchasers. Going over and hooking up and driving off would be a not so great idea, and could land you in hot water.
You indicate your uncle is owed money, but nothing about what written agreement may exist between he and the purchasers. Going over and hooking up... Read More

Who is able to freeze a bank account the attorney or the collection agency?

Answered 11 years ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
You may well have been scammed. Follow through with your bank.
You may well have been scammed. Follow through with your bank.

What can really happen to me if I made good payments for 3 years and I have about a thousand dollars left I think?

Answered 11 years ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
If everyone who was lied to about going to prison actually went to prison, we'd need a whole lot more prisons. Retain counsel and let counsel explain it to the people who are lying to you. Once you have counsel, they can not talk to you anymore. They must deal with counsel unless they file a suit and take your deposition or call you to the stand (these things rarely ever happen if the creditor has been lying to the debtor.)... Read More
If everyone who was lied to about going to prison actually went to prison, we'd need a whole lot more prisons. Retain counsel and let counsel explain... Read More

Is the rising court costs legal?

Answered 11 years and a month ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
When there are new post judgment filings related to collecting the judgment, there are new court costs for the documents filed.
When there are new post judgment filings related to collecting the judgment, there are new court costs for the documents filed.

Would I have any chance at winning if I take him to small claims court if account is in my name which I purchased for my ex father in law?

Answered 11 years and a month ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
You can show you opened the account and perhaps that he was making payments initially on an account in your name for a device in his possession. However, if you lost track of the status of the account, that sounds like you might have stopped reviewing and giving him the bills. It's unclear how you might be handling the account in your name and not notice the issues with it. While one can certainly sue a relative, that comes with dynamics impacting well outside the court room itself, irrespective of whether you prevail on the claim or lose it. Perhaps there is room to work a payment plan and negotiate a lower amount than the total claimed due. Perhaps involving counsel might aid you with that goal. These matters do not typically go straight away to the creditor's counsel, so some opportunities to resolve amicably may have been missed. Hopefully, not all.... Read More
You can show you opened the account and perhaps that he was making payments initially on an account in your name for a device in his possession. ... Read More

Is it legal for a bank to repo a trailer if customer is not behind on payments but has paid payments late each month?

Answered 11 years and 4 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
One would need to know the terms of the agreement with the bank to properly advise you. I can think of one scenario right off. If your agreement states any late payment incurs a late fee of X. Let's pretend your payment is 100 a month and there is a 25 late fee. You pay 100 every single month, but are late every single month. end of payment month one, 100+25 is owed but you paid 100. You start month 2 at 25 in the hole. end of payment month two, 25+100+25 is owed but you paid 100. You start month 3 at 50 in the hole. end of payment month three, 50+100+25 is owed but you paid 100. You start month 4 at 75 in the hole. end of payment month four, 75+100+25 is owed but you paid 100. You start month 5 at 100 in the hole. end of payment month five, 100+100+25 is owed but you paid 100. You start month 6 at 125 in the hole. If this is your situation, because the note deficiency keeps growing, eventually someone will call the matter.... Read More
One would need to know the terms of the agreement with the bank to properly advise you. I can think of one scenario right off. If your agreement... Read More

Does a debt collector have to sue me in the county I reside in?

Answered 11 years and 4 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
If you do not reside with your sister, you were not properly served through her residence. Consult an experienced debtor counsel in your area.
If you do not reside with your sister, you were not properly served through her residence. Consult an experienced debtor counsel in your area.

Can I file bankruptcy on just one creditor?

Answered 11 years and 5 months ago by attorney A. Craig Abrahamson   |   2 Answers   |  Legal Topics: Bankruptcy
Bankruptcy law is federal. It is the same in all states. You MUST list ALL your creditors. You cannot pick and choose. After you file, you can always voluntarily pay any creditor anyway if you want to do so, but you cannot simply file on only one.
Bankruptcy law is federal. It is the same in all states. You MUST list ALL your creditors. You cannot pick and choose. After you file, you can always... Read More

What can happen if I rented some things 3 years ago from a rental place and I was down to about owing $1,000 and fell behind?

Answered 11 years and 6 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
This would be treated as a civil matter. Breech of your contract is not a criminal matter. If you have been contacted by mail or telephone or on the doorstep by someone saying you are going to be arrested or they are going to get a warrant on you, that is most likely a bottom feeding muck churning third tier collector outfit using tactics that hang over the edge of the line or cross the line of permissible conduct. If someone left a message with a generic though ominous statement about papers being filed at the courthouse, well, sure, papers are filed at courthouses every day. Most likely they let your brain add in the thought that you specifically had papers filed today (which is not what they say.) For what it is worth, most people do not beat around the bush if they are filing a suit. They either day it outright, or they do not say it in advance. If you had a contract originally, it is not too late for you to be sued by the original creditor or someone who has bought up the debt. But the notion of being arrested or going to prison, that's puffery. If you would care to discuss this further, many counsel, including myself, will provide a free initial consultation.... Read More
This would be treated as a civil matter. Breech of your contract is not a criminal matter. If you have been contacted by mail or telephone or on... Read More

how does my finling personal bankruptcy effect my spouse who does not want to file.

Answered 11 years and 6 months ago by Joseph Francisco Botelho (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
This is a very good question. Your spouses filing of bankruptcy will not affect your credit whatsoever, even if you have shared debt and or bank accounts. The bankruptcy will only go against your spouse and will not affect your credit or debts whatsoever. If you do have joint debt, it will just remove your spouses obligation to pay those debts after your spouse receive a bankruptcy discharge. To make things completely clear, your credit will not be affected whatsoever from a spouse filing bankruptcy, while you do not file. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. 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 LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob... Read More
This is a very good question. Your spouses filing of bankruptcy will not affect your credit whatsoever, even if you have shared debt and or bank... Read More

Can corporate retail chain hold payments to a contractor for jobs that have already been completed because of fictitious complaints?

Answered 11 years and 7 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
The relationship between the retail chain and its contractor is going to be governed by the written agreement between the parties. If a contractor believes the retailer has violated the terms of the agreement, and believes the contractor can prove this via competent admissible evidence, then the contractor can seek any legal remedy available to the contractor. As the retailer is not a small mom and pop operation, the contractor would be wise to proceed only with the assistance of experienced counsel.... Read More
The relationship between the retail chain and its contractor is going to be governed by the written agreement between the parties. If a contractor... Read More

CAN YOU FILE BANKRUPCY ON PAY DAY LOANS IN OKLAHOMA

Answered 11 years and 8 months ago by attorney A. Craig Abrahamson   |   1 Answer   |  Legal Topics: Bankruptcy
Yes
Yes

What happens if I can't pay a judgment?

Answered 12 years and 4 months ago by attorney Daniel A. Edelman   |   2 Answers   |  Legal Topics: Bankruptcy
The creditor is entitled to have you come into court and state under oath the facts re your assets and income.
The creditor is entitled to have you come into court and state under oath the facts re your assets and income.