For some Oklahoma citizens, filing bankruptcy might be a scary ordeal. Although, one helpful way of relieving this fear is realizing a few basic facts about Oklahoma bankruptcy. The following is a quick overview about the information involved in this legal issue.
While The US Bankruptcy Code is the primary basis on which all state laws are written for this financial legal relief, the laws do vary from state to state. There are specific issues which can be different among the states. Some of these things include average income and what kind of properties are exempt. This is true, as well, for the state of Oklahoma.
There are many different kinds of bankruptcy. These types are noted by a chapter and number. This is not complicated to understand, though, because it merely is a reference to the chapter of the Bankruptcy Code. While there exist several chapters, the following is a sampling of the two most typical.
Chapter Seven is typically the most widely recognized form of this legal issue. It is also known as total liquidation, too. With it, a court appointed trustee is assigned to oversee the collection of nonexempt owned properties. These properties, or property as the case may be, is sold and the money gained in its sale is given to the relevant creditors. After which, all remaining debt is then eliminated.
A lot of individuals may think this is a bit intimidating, since from its description it seems as though all property is confiscated from those wishing to file this kind of debt relief. However, such is generally not the case. Most states, including Oklahoma, will allow individuals in debt to maintain basic property, such as their house and a vehicle.
The other commonly known bankruptcy type is called Chapter Thirteen. This type is also referenced as being known as reorganization. In reorganization, the debtor follows a court appointed payment plan for about five years. As such, their income and living costs are used to calculate the plan. This chapter is also for families and individuals, too, although it excludes farmers and fishermen. These types of people utilize Chapter Twelve, which is specific only unto that group.
For Oklahoma residents wishing to file, determining eligibility and meeting with a lawyer are important. If a single resident makes less than $38,929, he or she is able to qualify for Chapter Seven. Meeting that mark or surpassing it, they then are eligible for Chapter Thirteen. There exist different income levels for married individuals or married couples that have children, so contact an attorney for specific information on that.
There is a lot of information, both detailed and general, that surrounds filing bankruptcy. Oklahoma bankruptcy does not have to be a complicated or stressful endeavor. Knowing just a few overview points to the system lets debtors have a better understanding of this concept.
Mr. St. James is not an attorney and cannot provide legal advice. For legal advice specific to your situation contact a bankruptcy lawyer in Oklahoma. For additional information on chapter 7 bankruptcy you can call the Debt Line Law Office at (888) Debt-Line.