To qualify for a chapter 7 or 13 the debtor must first meet some jurisdictional requirements. That is, you must have lived in Oklahoma for two years and in the county in which the bankruptcy petition is being filed for six months prior to the bankruptcy being filed. If you don’t meet the two year requirement you can still file the bankruptcy in Oklahoma but you must use the bankruptcy exemptions from the last state in which you lived. An example of this is as follows: The person filing the bankruptcy in Oklahoma recently moved to this jurisdiction. The person filing bought a home in Oklahoma upon moving here. Because this person hasn’t lived in Oklahoma for the two year period next preceding the filing of the bankruptcy case he or she has to apply the exemptions as set out by that state from which he or she moved. On the other hand, In those cases in which the debtor has no assets for the Oklahoma Trustee to administer then which state exemptions the trustee applies doesn’t matter as there isn’t an asset that is worth protecting.
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