Oklahoma Bankruptcy Court Information
When declaring bankruptcy, debtors must file a petition with a bankruptcy court, which falls under federal jurisdiction. State courts cannot try cases of bankruptcy. In Oklahoma, there are three primary bankruptcy courts divided by region: the Oklahoma Eastern District Court, Oklahoma Northern District Court and Oklahoma Western District Court. Each court is located in its own district and presides over a number of counties. However, 341 meetings and other court business may be handled at a different location, depending on the court in question.
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Oklahoma Eastern District Court
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The Oklahoma Eastern District Court is located in Okmulgee County. Counties in its jurisdiction are, in alphabetical order: Adair, Atoka, Bryan, Carter, Cherokee, Choctoaw, Coal, Haskell, Hughes, Johnston, Latimer, Le Flore, Love, McCurtain, Marshall, Murray, Muskogee, Okfuskee, Okmulgee, Pittsburg, Pontotoc, Seminole, Sequoyah, Wagoner, McIntosh and Pushmataha. As of 2010, the chief judge is the Hon. Tom R. Cornish. The court's website offers online services, such as electronic case filing and access to case files.
Oklahoma Northern District Court
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The Oklahoma Northern District Court is located in Tulsa County. In its jurisdiction are the counties of Craig, Creek, Delaware, Mayes, Nowata, Osage, Ottawa, Pawnee, Rogers, Tulsa and Washington. As of 2010, there are two judges presiding over the court: the Hon. Dana L. Rasure and Terrance L. Michael. Both judges have published online a list of their available hearing dates.
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Oklahoma Western District Court
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The Oklahoma Western District Court is located in Oklahoma City. Its jurisdiction covers the counties of Alfalfa, Beaver, Beckham, Blaine, Caddo, Canadian, Cimarron, Cleveland, Comanche, Cotton, Custer, Dewey, Ellis, Garfield, Garvin, Grady, Grant, Greer, Harmon, Harper, Jackson, Jefferson, Kay, Kingfisher, Kiowa, Lincoln, Logan, Major, McClain, Noble, Oklahoma, Payne, Pottawatomie, Roger Mills, Stephens, Texas, Tillman, Washita, Woods and Woodward. As of 2010, there are three judges active at this court: the Hon. Richard L. Bohanon, T.M. Weaver and Niles Jackson.
How the Process Works
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In order to declare bankruptcy in Oklahoma, the debtor must file an official petition at the bankruptcy court, along with schedules and a statement of financial affairs. He must provide a full list of creditors and the amount and type of their claims along with the source, amount and frequency of the debtor's income and a list of property owned as well as a detailed list of monthly living expenses. If the debtor is filing for Chapter 7 bankruptcy, an automatic stay of collections is immediately put into place. If the debtor is filing for Chapter 13 bankruptcy, he must also provide a detailed plan of payment that the creditors must agree to. After the petition has been processed, the debtor must attend a 341 meeting where further proceedings will be determined.
Litigation
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In certain situations, conflict may arise over the ownership, use and worth of properties, as well as the size and status of debt and the fees owed to the various professionals involved in the bankruptcy case. If the disputes give rise to litigation, the case is handled much like a civil case in a district court in Oklahoma, involving discovery, pretrial proceedings, settlement efforts and a trial.
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- Photo Credit Oklahoma state contour against blurred USA flag image by Stasys Eidiejus from Fotolia.com
