Will my Oklahoma Bankruptcy be Approved

One of the worries we get from clients at the beginning of the bankruptcy process is will my Oklahoma bankruptcy be approved?  Assuming the client qualifies in the first place and follows directions, the case will be successfully approved.

Of course, the first step to any successful bankruptcy, particularly a Chapter 7, is qualifying.  The two biggest hurdles to qualifying for a Chapter 7 are previous filings, and income.  As per 11 U.S.C. § 727 (a)(8), debtors are not permitted to receive a discharge in a Chapter 7 if they received a case that was filed in the eight years prior to the current case.  The other hurdle is income.  To qualify for a Chapter 7, a debtor (or joint debtors) must have a family income beneath the median income for a family of the same size in their county of residence.

Qualified to File Now What:

Will my Oklahoma Bankruptcy be Approved has been answered as yes so now what? Once the debtor qualifies to file, the only real obstacle to completing the case and getting it approved  is a failure to follow the directions of the bankruptcy process.  It is important to remember that bankruptcy is a process:  it has well established steps that if followed yield a predicable result (in this case, a discharge).  If they aren’t followed, though, problems will arise.

The two biggest ways in which a client can fail to follow the process are by failing to appear at their 341 hearing, and by failing to complete the debtor education course.  The court requires every debtor to attend a meeting with the trustee before a discharge can be granted.  The trustee asks several questions under oath, establishing that the debtor read and understood their bankruptcy and that they included everything that should be in it.  In addition, the trustee can clear up any questions he or she or a creditor has about the case.  If the debtor fails to attend the first meeting, it will be rescheduled.  If the debtor fails to attend the second reason without a compelling reason, the trustee may move to dismiss the case.

Last Step is Easy so Just Get it Done:

Finally, just as the debtor is required to complete a pre-filing credit counseling course, the debtor is required to complete a post-filing debtor education course.  This course must be completed within 90 days of the date of filing.  Barring a compelling reason for not doing so (such as disability), the court will dismiss the case of any debtor who fails to complete the course without a discharge.  This means the debtor would have to start all over again at the beginning in order to obtain a bankruptcy discharge.

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Contact a Tulsa Bankruptcy Lawyers For Help:

If, however, a debtor qualifies and follows the directions, their case will almost certainly be concluded successfully with a discharge.  The best advice that can be given to a client is to listen, answer any questions from his or her attorney accurately and honestly, and to follow directions from his or her attorney. So its easy. The answer to the question will my Oklahoma bankruptcy be approved is yes. Once you qualify all that’s required is for you to get the paperwork to your Tulsa bankruptcy lawyers and we’ll help do the rest. Call for information 918-739-8984 today a get a free consultation or read our Tulsa bankruptcy lawyer blog for answers to questions..


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