Northeastern Oklahoma Chapter 7 BankruptcySometimes referred to as a fresh start bankruptcy or a liquidation case, a Chapter 7 bankruptcy is the most common type of case filed. If you qualify for a discharge in a Chapter 7 case your debts will be eliminated by the Court when the discharge order is entered.
Tulsa Chapter 13 Bankruptcy
The law allows you to set up a payment plan to repay your creditors for up to five years. Sometimes called a consolidation plan, a Chapter 13 is often used to help people who are facing home foreclosure or vehicle repossession set up a payment that they can afford to make while keeping the property that they would otherwise lose to the creditor.
Property Exemptions
Exemptions are limitations on the type or amount of property that someone who is filing bankruptcy may keep for themselves and not be forced to turn over to creditors to repay debts. Oklahoma's list of exemptions is quite extensive and quite liberal. In other words, most Oklahomans do not have to worry about losing any of their property during a bankruptcy, these cases are commonly referred to as "no asset cases" and you will keep everything, subject to any liens that may be placed on secured property. See the exemptions page for a complete list of your exemptions.
Creditor Calls and Harassment
The most annoying aspect of dealing with your debt is putting up with the endless phone calls from creditors and debt collectors. The laws permit creditors to take reasonable steps to collect what is owed them, however they cannot harass nor threaten to do certain things to you if you do not pay. When you hire or retain Matthew Riggin as your bankruptcy attorney, you simply tell these creditors that he has been retained. The creditors will contact our office to confirm the representation and the calls will stop within a few days.
After the filing of a case a creditor is no longer permitted to collect and if they attempt to do so they are in violation of an order issued by the Court and you may have the right to take action against them. Also, following the discharge order being entered, creditors who attempt to collect can be sued for damages for violating the terms of the discharge order.
Medical Bills, Credit Cards and Divorce
The three most common reasons given for filing for bankruptcy are medical bills, credit cards debt and divorce. You did not set out to incur a lot of debt and you were more than likely able to pay your bills until some triggering event made it impossible to continue to do so. When that event set you behind, things went from bad to worse.
If you are drowning in debt you should know that your credit cards and your medical bills can be eliminated in a
Chapter 7
bankruptcy or you can choose to repay the bills in a manageable repayment plan under the rules of
Chapter 13.
My Home Is in Foreclosure
You never intended not to pay for your home but some triggering event put you behind. Perhaps you lost your job or you were unable to work due to accident or illness. Maybe you got a divorce and as a result you were unable to pay for the home and the mortgage lender has filed a foreclosure case to take the house away from you. If you have overcome the obstacle that was in your way you can file for relief in a Chapter 13 bankruptcy and set up a payment plan that will stop the foreclosure and permit you to start making your ongoing monthly payments while giving you up to 60 months to get current. If you know that you cannot pay for the house and are worried that following the sale of the house there will be a huge amount of debt owed under some deficiency judgment, you can eliminate this possibility by seeking a discharge of your debts in a Chapter 7 bankruptcy.
The Quicker that You Act the Better You Will Be in Stopping the Foreclosure:
Each month that you are behind on your house payment has to be caught up in the Chapter 13 plan so that you will be current at the end of the plan. The longer that you delay in filing for protection the larger the arrearages there will be that must be paid. It is better to file for relief before the foreclosure is filed than it is to wait to see if you can work it out prior to the sale of the property. Each month in delay results in a larger monthly plan payment.
Second Mortgages in Chapter 13:
One clear advantage to a Chapter 13 is the ability to strip a second mortgage’s security interest. If the value of the home is less than the amount owed on the first mortgage then the home is underwater or upside down and the second mortgage is not protected by any equity in the home. By bringing an action in the Chapter 13 bankruptcy case, the debtor can remove the lien of the second mortgage and treat the second mortgage as an unsecured creditor.
Stopping Garnishment
The bills just keep coming in and sometimes you get overwhelmed and just toss them aside without looking at them. Before you know it you are served with a lawsuit resulting in a judgment and may now even be facing garnishment. Garnishment is the creditor's easiest method of getting paid after receiving a judgement in a lawsuit. The aggressive creditor will garnish both bank accounts and wages at the same time leaving you with no money to live on or to pay any of your bills. Garnishments can be stopped but you must act quickly to preserve as much of your money as you can.
You are permitted to file with the Court what is called a "Claim for Exemption". This document is free to file and can be obtained at the Court Clerk's desk in the courthouse. Many types of funds are given protection from garnishment. Social Security, Unemployment, Workman's Compensation and VA benefits cannot be garnished, but the creditor will not know that you have these funds in your account if you do not file the claim for exemption form and let them know.
If you are subject to a continuing wage garnishment, file the "Claim for Exemption" and mark the box claiming an undue family hardship is being created by the amount being garnished. The Court will set the matter for hearing and you are afforded the opportunity to negotiate the garnishment with the creditor and set up a payment that both you and the creditor can live with.
Both Chapter 7 and Chapter 13 case filings will stop garnishments and prevent them from reoccurring.
To schedule a free consultation with our bankruptcy lawyers, call (918) 221-8847. You may also contact us by e-mail.
Do I Qualify for Bankruptcy?
It is important to consult with an experienced bankruptcy attorney to determine if you are eligible for bankruptcy protection and if so, which type of bankruptcy will best fit your financial situation and long term goals. If you are honest with your attorney and openly discuss your finances and property, an experienced bankruptcy professional can advise you on what will happen should you file a Chapter 7 case or a Chapter 13 case. Also, a bankruptcy professional will be able to advise what properties may be lost to creditors and what can be kept under each type of case.
The first hurdle in determining if a debtor can file for Chapter 7 is passing the Means Test. The Means Test is a mathematical formula designed to compare your household income and family size to that household income of all other families in Oklahoma of similar size. If your income is equal to or less than this median income than you can generally qualify for Chapter 7 relief, but it still must be determined if this is the best action to take. If your income is greater than the median income of a similar family than you may be forced into filing a Chapter 13 case and set up a payment plan to repay at least part of your debts. The means test is complex and confusing but an experienced bankruptcy attorney can determine if you can still qualify for Chapter 7 even if your income appears to be above the median income threshold.
Divorce and Bankruptcy
If you are involved in a divorce action and you and your soon to be ex-spouse are burdened with debt you should consult with a bankruptcy professional to determine if filing a bankruptcy case will be beneficial to you both following the divorce. The obligations that are created in the divorce decree cannot be discharged in a later bankruptcy case. If you are ordered to pay joint debts or your ex-spouse's debts you cannot discharge that obligation. If you both seek relief in a Chapter 7 case either before the divorce or in two separate cases after the divorce, you will both be relieved of marital debt and receive a fresh start so you can move forward with no obligation towards each other.
Deficiency Judgments
Following the sale of a repossessed automobile or a foreclosed property the funds from the sale are applied to the cost of the repossession or foreclosure, all of the accrued interest and then the balance of the loan. Any amount not paid following the sale of the property or automobile is called the deficiency.
Lenders will often wait several years for interest and late fees to pile up before filing suit to collect the deficiencies. If you have not heard anything from the lender for a long period of time the debt has not gone away. The debt will continue to grow and when they do try to collect you could owe more than the original purchase price of the car. In Oklahoma, the mortgage lender has a short window of time to bring an action to collect the mortgage deficiency following the sale of the repossessed home. If your home was foreclosed and sold for less than the loan payoff, the lender has 90 days to file the deficiency action to collect the balance. Often the lenders fail to file a deficiency action and will choose, instead, to send a 1099 seeking to impose tax liability on you for the amount of the debt that they forgave.
The filing of a bankruptcy case can protect you from deficiency actions taken by auto and mortgage lenders and can protect you from the uncertainty of tax liability following a repossession or foreclosure.
Must I File Bankruptcy With My Husband or Wife?
The filing of a bankruptcy case is generally a voluntary act and a person cannot be compelled to file with their husband or wife, but it might be best to do so. If the debt that one is seeking to eliminate in bankruptcy is originated in only one person’s name then, as a general rule, another party is not liable for the bill. However, this is not always true; for example, if the parties are in a divorce action and one of them obtains a credit card and the other person ran it up, the Court could order that the person incurring the charges will pay for it; or, one spouse may have incurred medical debts but the other spouse is the one being collected from.
Often, the choice of filing a joint case comes down to a question of eligibility to file (you are not eligible to file if you filed a previous case in Chapter 7 with the last 8 years) and practicality (if you don’t file together now will you incur additional garnishments and legal fees later).
If you choose not to join in the case being filed by your spouse, it is still necessary to provide the bankruptcy professional with all of the non-filing spouses income records and debt records to be used in the preparation of the Chapter 7 or Chapter 13 case being prepared by the filing party.
Secured Debt v. Priority Debt v. Unsecured Debt
Debts are classified differently and are given different treatment in bankruptcy cases.
Secured debts
are those protected by some form of collateral such as a home, boat or car. However the collateral or "Security" could be the furniture in your home, your T.V. or if you are in business, your future income stream or receivables. This collateral was required to induce the lender to extend you the credit and gives the creditor the right to take the asset if you default on the payment.
Priority debt
is a classification of debt that is not eliminated by the filing of bankruptcy. The most common priority debt is child and spousal support obligations and certain tax liability. These debts are given higher standing to enforce payment in Chapter 13 cases.
Unsecured debts are given the lowest standing in a bankruptcy case. These creditors are most often comprised of credit cards, loans not requiring collateral and medical bills. They can also include unpaid rents and utilities charges, cell phone bills and bank overdraft fees. If a debt is not given priority status or protected by some form of collateral then the debt is unsecured. It is also possible in some instances to void or strip a lien and change a secured debt to an unsecured debt.
Do I Need an Attorney to File Bankruptcy?
Although you do not have to have an attorney to file bankruptcy, Abraham Lincoln Said It Right - “He who represents himself has a fool for a client”.
Oklahoma bankruptcy laws are so complicated that lawyers often carry the books with them to Court; it would be impractical to expect a non-lawyer to be able to understand the complex bankruptcy code. The cases that are most often dismissed by the Court for failure to properly meet the filing and procedural requirements and the cases that are hardest for the Trustees to administer are the cases filed by the debtors, themselves. The reality is that when compared to the costs of other legal actions that people find themselves in, such as a minor criminal charge, DUI/DWI, divorce, the bankruptcy cases legal fees are very reasonable and are often the least expensive fees you will ever spend on legal services.
Restoring Credit After Bankruptcy
People often ask how quickly they can buy a car or purchase a home after filing for bankruptcy in Oklahoma. The prudent client will not rush to incur debt but will take calculated steps to improve their income and minimize their expenses and learn to pay as they go for the things that they need.
Many debtors report that they have no difficulty finding credit extended to them following the bankruptcy case. Often credit card offers and offers to finance a new car are received even before the Chapter 7 or Chapter 13 case discharge order is issued. If a debtor has reaffirmed a car or home loan in their Chapter 7 case, this repayment of debt can greatly improve their credit score. Also, if a debtor obtains a credit card after the close of their case and wisely uses it and pays for it each month this practice can greatly improve one's credit score. Long story short, a debtor simply must expect that they will be paying higher interest and will be declined credit until they can demonstrate the ability to better manage their financial affairs and that will take time and small steps at first.
Can I Stop Repossession?
You have not made your car or truck payment and the creditor is threatening to come take the vehicle back. What can you do to stop it? Bankruptcy professionals hear this question asked all the time and the answer lies first in determining why you are behind, how far you are behind and your ability to bring the note current.
Lenders do not want to take your car, but they have no other means of enforcing payment and they must take steps to minimize their losses. If you had a short term set back and are now able to make payments, but are unable to pay all of the late payments at one time, you might want to consider using the repayment options available to you in a Chapter 13 case. Other than giving you up to five years to repay a vehicle loan, you can also use a Chapter 13 to change the interest rate on a high rate loan to something more reasonable or reduce the secured payment owed on the car to fair market value and discharge the remaining balance.
Student Loans and Bankruptcy
Generally speaking, student loan debts are not dischargeable in bankruptcy, however, there are exceptions. If you can prove, in a separate action brought in the bankruptcy court, that the payment of the student loans will impose a severe hardship on you and your family, you may be able to reduce or eliminate the loans. Your burden of proof is very high and difficult to meet and most debtors who desire to discharge their student loans are unable to meet the level of proof. However, Debtors can take advantage of a Chapter 13 bankruptcy and establish a repayment plan that makes it much easier to pay student loans. Also, Chapter 7 bankruptcy can be used to discharge credit cards, car loans and medical debt thereby making money available to apply towards the student loan payments.
The Bankruptcy Process
The hardest part about filing for bankruptcy protection is making the commitment to do so. Many people are embarrassed by their inability to pay their debts and they are frustrated by the call and attempts made to collect. It is important to remember that bad things happen to good people and bankruptcy is often the only way out of a bad situation. The most common reasons given for filing bankruptcy are divorce, unforeseen and catastrophic medical expense and job layoff. When you have reached the point to research what option may be available to you, you have crossed a threshold on your way out of debt and you can begin to see light at the end of the tunnel.
When we visit for the first time, I will ask that you provide various documents that help define the problems that you face. These documents include payroll records, tax returns, copies of credit reports or the bills that you are struggling to pay, and a household budget. When we visit feel free to openly discuss your frustrations, fears and concerns. You will not be judged for your anything that led you to my office. We are here to guide you out of debt in the most appropriate manner.
Should you choose to file for debt relief in bankruptcy, I will take your information and prepare a petition that will be filed with the Bankruptcy Court. Approximately 30 days following the filing of the case we will be required to attend a meeting with a person know as a Trustee who will administer the case and report to the court the existence of any assets that can be converted to cash to help pay the claims of creditors. Following the meeting with the Trustee a 60 day period is set aside for your creditors to file objections to the granting of a discharge. At the end of this 60 day objection period the Court will grant a discharge and the creditors cannot collect those debts that have been eliminated by the Court.
It is important to remember that all debts are not entitled to discharge and you will still be responsible for the payment of certain tax debts, child and spousal support, student loans and fines imposed by criminal courts as well as some other debts that are protected from discharge. If your case is filed as a Chapter 13 and a payment plan is set up, your plan of repayment will be presented to the Court and your creditors for approval and this plan may need to be revised several times to obtain all of the necessary approvals be for it can be confirmed by the Court. You may be required to pay for up to 60 months before you will be entitled to request a discharge of any remaining unpaid debts.
Starting the process is as simple as calling and scheduling an appointment with Matthew E. Riggin. To schedule a free consultation with an Oklahoma bankruptcy professional,call (918) 221-8847. You may also contact us by
e-mail.
What is Bankruptcy?
Personal bankruptcy is a legal proceeding by which a person seeks relief from the burden to pay bills, loans, and credit card debt that they are financially unable to pay. Many factors contribute to an inability to pay bills. A frequent reason someone files bankruptcy is divorce. Other reasons for filing bankruptcy include unforeseen medical expenses from an accident or illness and job layoffs.
What Bankruptcy Options Are Available?
Most debtors will choose to file for relief under either Chapter 7 or Chapter 13 of the Bankruptcy Code. Chapter 7 is commonly referred to as a fresh start filing wherein the debtor’s non-exempt assets are taken and liquidated to satisfy the claims of creditors. The remaining debt is wiped clean giving the debtor a fresh start to a new life. In many instances under Chapter 7, a debtor will have no assets that can be taken to satisfy the claims of creditors and all of the debts are discharged without the creditors receiving anything. The court commonly refers to such cases as “no asset” cases. Under Chapter 13, a debtor agrees to a payment plan wherein all of the debtor’s income not otherwise needed to maintain a household is paid to the Bankruptcy Court for disbursement to creditors. Payment plans are either 36 or 60 months long. The amount of time depends on income and amount of debt. Chapter 12 offers relief for family farm debt.
What Property Can I Keep If I File Bankruptcy?
Oklahoma is one of the most liberal states in the US when it comes to exempting property from the claims of creditors. With a few restrictions, a debtor can keep his or her home, clothes, furniture, a vehicle, tools that they use for work or to work a farm, and can even keep a certain number of horses, cows, chickens, etc. The only time a creditor is able to claim one of these items is when they have a perfected security interest, such as the mortgage company’s claim on the house or the banks lien on a vehicle.
Will I Lose My Retirement Savings Account?
No, the exemptions under both Federal and State law protect your retirement contributions and all interest that it has accumulated over the years. You must not have changed the identity of the funds by withdrawing the money from your retirement account. If the funds are withdrawn, they are then considered an asset that the Bankruptcy Court can attach to repay your creditors.
What If I Still Owe on an Item and I Want to Keep It After the B?
If you still owe on an item, say a vehicle or home, they can decide to either let the creditor reclaim the item or they can reaffirm the debt. Reaffirmation is a contractual agreement between the debtor and the creditor whereby the debtor agrees to pay for the item they wish to keep after the bankruptcy court discharges the rest of the debts. Once a final agreement is reached between the debtor and creditor, the debtor is obligated to repay the debt in exchange for the right to keep the property.
Will Filing for Bankruptcy Relief Eliminate All of My Debt?
It is dependent on what type of debt you have accumulated. If your debt is primarily consumer debt like credit cards or a car payment then yes, you probably will get complete relief if you want to be debt free. You may need to give up some of the purchases you made to be completely debt free. However, if your debt is made up of school loans, taxes, child support or spousal support then you will probably not get completely out of debt by filing bankruptcy. Bankruptcy may offer enough relief that you can repay the debt that does survive the discharge in bankruptcy.
Will My Credit Be Ruined Forever?
Bankruptcy remains on your credit report, but you will find that many companies are still willing to extend credit. Normally, credit will be offered at a higher interest rate in order to offset the credit risk.
Will My Creditors Stop Calling Me All the Time?
Yes, once the petition is filed the creditors are not allowed to make attempts at collecting the debt. The easiest thing to do is tell the collector that you have spoken with an attorney about bankruptcy and they will usually back off. Once the petition has been filed, give the collector the petition number when they call and that will be the end of the phone calls. Most people will tell you that this gives them the greatest piece of mind and the quickest sense of relief and that they wished they had filed sooner than they did.
How Long Does It Take to File Bankruptcy?
You play a large part in how long it takes. To prepare an Oklahoma bankruptcy petition, we need information that only you can provide. We have a questionnaire ready for you to take home and fill out. The questions provide us with all the information needed to prepare a petition for filing with the court. If the debtor is filing for relief under Chapter 7, a discharge will typically be issued within three months. If the debtor files a plan under Chapter 13 then the plan must be paid out over 36 or 60 months.
How Do I Start?
Starting the bankruptcy process in Oklahoma is as simple as calling and scheduling an appointment with Matthew E. Riggin. To schedule a free consultation with our bankruptcy lawyers, call (918) 221-8847. You may also contact us by
e-mail.
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