Filing for Bankruptcy in Oklahoma?
A Fresh Start - Oklahoma Bankruptcy Attorney Alexander Hilton simplifies process, protects your property and gives you peace of mind.
Filing for Bankruptcy is a difficult decision for anyone. However, if paying back your creditors would place an undue financial hardship on you and your dependents, it is the right decision. We can help you decide. If you do choose to file, the smart choice is to hire an experienced bankruptcy lawyer.
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When Should You File Bankruptcy?
Deciding when to file for bankruptcy is a significant financial decision that should be made after careful consideration of your individual circumstances. Bankruptcy is a legal process that can provide relief from overwhelming debt, but it also has long-term consequences that can affect your credit and financial future.
Here are some factors to consider when determining if and when to file for bankruptcy:
- Financial Hardship: If you are facing severe financial hardship, such as overwhelming debt, wage garnishment, foreclosure, repossession, or creditor harassment, bankruptcy might be a viable solution to address these challenges.
- Inability to Repay Debt: If your debts are far greater than your ability to repay them, even with a reasonable repayment plan, bankruptcy might be a way to discharge or restructure your debts.
- Type of Debt: Bankruptcy can address various types of debt, including credit card debt, medical bills, personal loans, and certain tax debts. However, not all debts can be discharged through bankruptcy (e.g., student loans, certain tax obligations).
- Exemptions: Bankruptcy laws allow you to protect certain assets through exemptions, which vary by state. If you have valuable assets that you want to keep, understanding the exemptions available to you is crucial.
- Creditors' Actions: If you are facing imminent legal action from creditors, such as a foreclosure or repossession, filing for bankruptcy can trigger an automatic stay that temporarily halts these actions.
- Legal Advice: Consult with a bankruptcy attorney to assess your situation. They can provide personalized advice based on your financial situation, goals, and the bankruptcy laws applicable to your jurisdiction.
It's essential to make an informed decision based on your unique circumstances. Bankruptcy laws vary by jurisdiction (chapter 7 and chapter 13 bankruptcy are common in the U.S.), and the process can be complex. Consulting with a qualified bankruptcy attorney can help you understand your options and determine if filing for bankruptcy is the right choice for your financial situation.
Requirements to File Bankruptcy in Oklahoma – What your Attorney Needs:
To be eligible for bankruptcy in Oklahoma, you must take the mandatory credit counseling course. www.summitfe.org is the least expensive online course in the US.
Follow the steps below to prepare for your filing:
- Determine if you are filing under Chapter 13 or Chapter 7 (a "means test" required)
- Gather your bills and files documenting your debts
- Collect your tax returns, deeds to property, and vehicle titles
- Last 2 years tax returns, vehicle titles, 3 months bank statements, 6 months pay history
- Alexander Hilton will explain and assert your available property exemptions
- Alexander Hilton will prepare and file your petition, schedules and all other required documents in the US Bankruptcy Court, will represent you in court, assure your discharge, safeguard your legal rights, your dignity and peace of mind.
Once you have filed, the automatic stay is ordered by the court. The automatic stay is an injunction stopping all collection actions. A trustee will be assigned to your case. You will attend a hearing one month later. In a Chapter 7 case, your discharge will be ordered 60 days later. In a Chapter 13, your proposed repayment plan must be confirmed before proceeding to discharge.
What Exemptions Does Oklahoma Offer?
Oklahoma allows consumers to protect most assets such as your home, your cars, veterans’ benefits, retirement accounts, wages and household goods. These exemptions are designed to help you keep as most of your property. If you own property which is not exempt but you want to keep, you have the right to negotiate to “redeem” it at a reasonable price negotiated by your attorney.
The State of Oklahoma exemptions include:
- Up to 160 acres outside of the city limits (1 acre inside city limits)
- Household furnishings and electronics
- One vehicle with EQUITY VALUE of $7,500 or $15,000 if married with 2 vehicles. (If, for example, your car is worth $15,000 and you still owe $10,000, your equity value is $5,000 – which is under the $7500 exemption amount - the car is 100% exempt.)
- Up to $10,000 worth of tools and equipment for a specific trade
- Certain amounts of livestock
- Firearms valued at up to $2,000
- Wedding rings
- Retirement accounts
- Unemployment compensation and Social Security
When you file, you need to make sure you capitalize on the available exemptions, which is why it is so crucial that you work with an Oklahoma Bankruptcy Attorney who understands these exemptions and how to utilize them.
Not sure how to file for bankruptcy in Oklahoma? Start the process today by calling on our Oklahoma City bankruptcy attorney.
Representation from a law firm with one of the highest client satisfaction ratings in the state.
Personalized attention from start to finish.
Affordable Chapter 7 bankruptcy payment options.
Evening and weekend appointment availability.