Posts Tagged ‘Oklahoma’

Divorce and bankruptcy somewhere other than in Oklahoma


2010
04.01

Client has contacted me regarding the filing of a Chapter 13 bankruptcy case. He was married in Oklahoma City. He and his wife divorced in the Dominican Republic. He has a Dominican “certificate of divorce.” He was referred to me by another attorney who thought he was still married in the US and thus could do a joint case. He and his wife live apart, are both in Oklahoma and are on good terms. They want to save a house from foreclosure. Both need a bankruptcy filed here in OKC and finances are tight, thus the their inquiry regarding a joint bankruptcy case.

The original post is at Oklahoma Bankruptcy News

Somewhere other than Oklahoma divorce filed during the bankruptcy


2010
03.02

Client has contacted me regarding the filing of a Chapter 13 bankruptcy case. He was married in Oklahoma City. He and his wife divorced in the Dominican Republic. He has a Dominican “certificate of divorce.” He was referred to me by another attorney who thought he was still married in the US and thus could do a joint case. He and his wife live apart, are both in Oklahoma and are on good terms. They want to save a house from foreclosure. Both need a bankruptcy filed here in OKC and finances are tight, thus the their inquiry regarding a joint bankruptcy case.

The original post is at Oklahoma Bankruptcy News

Oklahoma Insurance


2010
01.01

If it’s exempt, then bringing it into the Oklahoma bankruptcy estate under the 180 day rule does not make it non-exempt. The trustee can’t get it. I would maintain it’s also not income for the mean test if you dismiss and refile, but I can see that going the other way. I can’t see it being income as the Census definitions don’t accept lump sum payments as income. Use care in concluding the exempt status, and look at it from the insurance beneficiary’s point of view – H’s estate or W.

The original post is at Oklahoma Bankruptcy News