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Chapter 7 Bankruptcy in Oklahoma

About the Chapter 7 Process

Did You Pass the Means Test? We Can Help With the Filing Today.

In order to limit abuse of the Bankruptcy system, the U.S. Department of Justice enacted the means test in 2005. The Means Test limits Chapter 7 eligibility to persons whose gross monthly household income is not substantially above the Oklahoma State Median income of households with the same number of persons. For example, as of September 2018, the median gross income of a family on 4 in Oklahoma was $71,638. However, even if household income exceeds that amount, you may still qualify for Chapter 7.

Filing for Chapter 7

  • Meet with an experienced, competent bankruptcy attorney in Oklahoma City.
  • Determine Means Test results, Examine your alternative Chapters and available exemptions.
  • Provide Attorney all documents required by the court: Tax Returns, bank statements, titles, etc.
  • Automatic Stay takes effect immediately upon the filing of your case
  • Attend hearing at Bankruptcy Court approximately 1 month after filing (30 minutes).
  • Discharge of Debts ordered by Court 90 days after filing.
  • Emergency cases (foreclosure prevention) can generally be filed within 72 hours.

Benefits of Chapter 7

The most common form of Consumer Bankruptcy is Chapter 7, its Benefits are:

  • The automatic stay order is issued by the U.S. Bankruptcy Court at the moment of filing.
  • All collection actions are stopped immediately by Federal Court Order, including: lawsuits, garnishments, foreclosures, vehicle repossessions, collection calls, invoicing, billing, collection mail.
  • Creditors are prohibited from ever contacting you again. If they do, you have the right to sue them for Punitive Damages, Court Costs, Fines for Contempt of Federal Court Orders and Attorney Fees. Your debt no longer exists. Your legal protections are life-long.
  • Generous Oklahoma property exemptions ensure that you will keep your essential property including your home, your vehicle(s) (2 vehicles for married couples). You will also keep work vehicles, tools of the trade, retirement savings, wages, home furnishings, electronics, wedding jewelry, guns, student loan money, animals, clothing, bank accounts.
  • Liquidation of Non-Exempt Assets in Chapter 7 Bankruptcy: Fairness and Justice requires that non-essential assets be sold/liquidated to pay creditors. Typically, liquidation includes: inherited property, mineral royalties, land/real estate which: a) you do not live in and, b) which is not encumbered by a mortgage. Other property subject to liquidation: free-and-clear vehicles over-and-above the exemption number, other free-and-clear property if not encumbered by loans, such as: boats, RV's, ATV's, motorcycles. Proceeds expected from personal injury lawsuits and workman's comp awards are protected up to $50,000 (you keep the first $50,000. net-after all medical bills have been paid.
  • Non-Dischargeable Debts – all debts are discharged automatically except:
    • Child support/Alimony;
    • Most Student Loans;
    • Taxes assessed within 3 years of the filing date;
    • Criminal fines;
    • Reparations for damages caused by driving while intoxicated;
    • Debts incurred by fraud.
  • Related Blog: What Does "Bankruptcy Protection" Actually Mean?

Why Are Exemptions Important to My Filing?

When you decide to file for Chapter 7 bankruptcy, it is important that you are prepared to utilize all available exemptions. These exemptions are designed to help you save the property from the liquidation process and avoid walking away from bankruptcy completely empty-handed. By working with a skilled and resourceful legal advocate, you can strategically use these exemptions to preserve a majority of your valued property while still discharging most of your debts.

Call Chapter 7 Lawyer in Oklahoma City - (405) 725-1441

Chapter 7 can involve a myriad of paperwork, organization, and understanding of the exemption process. If you are ready to take the next step towards financial freedom, be sure to call on the bankruptcy attorneys in Oklahoma City at Alexander Hilton & Associates.

    Do not hesitate to contact our firm today to schedule your initial consultation. Our compassionate OKC bankruptcy attorney looks forward to providing the support you need!

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