Filing Bankruptcy in Oklahoma: Means Test, Exemptions and Courts
Bankruptcy in Oklahoma: the means-test median income, which exemptions you can use, homestead, car and wildcard exemptions, retirement protection and the bankruptcy court.
Quick answers for Oklahoma
- Means test median income
- Median family income for Oklahoma: 1 person $61,180; 2 people $77,208; 3 people $86,845; 4 people $101,798; add $11,100 for each additional person beyond 4. These figures apply to bankruptcy cases filed on or after July 15, 2026. U.S. Trustee Program, Census Bureau Median Family Income By Family Size (Cases Filed On or After July 15, 2026)
- State or federal exemptions
- Oklahoma has opted out of the federal bankruptcy exemptions. A person living in Oklahoma cannot use the federal exemption list in 11 U.S.C. Okla. Stat. tit. 31, § 1(B)
- Homestead exemption
- The home that is the person's principal residence (including a manufactured home used as the principal residence) is exempt with no dollar limit in the statute. Okla. Stat. tit. 31, § 1(A)(1)-(2); § 2(A), (C)
- Bankruptcy court
- Oklahoma has 3 federal bankruptcy court districts, each with its own U.S. Bankruptcy Court: Northern District of Oklahoma (https://www.oknb.uscourts.gov/); Eastern District of Oklahoma (https://www.okeb.uscourts.gov/); Official U.S. Bankruptcy Court website(s)
Last verified: 2026-10-27
Qualifying for Chapter 7
| Means test median income | Median family income for Oklahoma: 1 person $61,180; 2 people $77,208; 3 people $86,845; 4 people $101,798; add $11,100 for each additional person beyond 4. These figures apply to bankruptcy cases filed on or after July 15, 2026. Used in the Chapter 7 means test (Official Forms 122A-1 and 122C-1). The table's first column is labeled "1 EARNER." The same figures were posted for cases filed April 1 through July 14, 2026. The U.S. Trustee Program updates the table periodically. |
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What you can keep (exemptions)
| State or federal exemptions | Oklahoma has opted out of the federal bankruptcy exemptions. A person living in Oklahoma cannot use the federal exemption list in 11 U.S.C. 522(d) and must use the exemptions allowed by Oklahoma law, unless an Oklahoma statute expressly permits otherwise. Source: Okla. Stat. tit. 31, § 1(B) |
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| Homestead exemption | The home that is the person's principal residence (including a manufactured home used as the principal residence) is exempt with no dollar limit in the statute. The homestead may be up to 1 acre inside a city or town, or up to 160 acres outside a city or town. At least 75% of the home's square footage must be used as the principal residence; if more than 25% is used for business, the exemption is limited to $5,000. Federal bankruptcy law (11 U.S.C. 522(p)) can cap a state homestead exemption for a home acquired within about 3.3 years before filing; that federal cap is not stated in the Oklahoma statute. |
| Car exemption | The person's interest in one motor vehicle, up to $7,500 in value. Source: Okla. Stat. tit. 31, § 1(A)(13) |
| Wildcard exemption | The Oklahoma exemption list does not include a general wildcard exemption that can be applied to any property; each exemption covers a specific type of property. Source: Okla. Stat. tit. 31, § 1(A) |
| Retirement accounts | Any interest in a retirement plan or arrangement that qualifies for tax exemption or deferral under federal law is exempt, including distributions. The statute lists examples such as defined contribution and defined benefit plans, IRAs and Roth IRAs, SEP and Keogh plans, 403(a) and 403(b) annuities, education IRAs, and state 457 deferred compensation plans. Tax-free rollovers between plans are not treated as fraudulent transfers. The exemption is subject to the Uniform Fraudulent Transfer Act. Source: Okla. Stat. tit. 31, § 1(A)(20) |
| Wages | 75% of current wages or earnings for personal or professional services earned during the last 90 days is exempt (different rules apply to garnishment for child support). A debtor who supports a family or other dependents may ask the court for a hearing to exempt more of their earnings because of undue hardship; a debtor with no dependents cannot claim this extra exemption. |
Where and how to file
| Bankruptcy court | Oklahoma has 3 federal bankruptcy court districts, each with its own U.S. Bankruptcy Court: Northern District of Oklahoma (https://www.oknb.uscourts.gov/); Eastern District of Oklahoma (https://www.okeb.uscourts.gov/); Western District of Oklahoma (https://www.okwb.uscourts.gov/). |
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| Filing without a lawyer | Oklahoma has three bankruptcy districts, and you file in the district where you lived for the greater part of the past 6 months. Eastern District: people filing without an attorney must use the court's free online eSR (Electronic Self-Representation) system for chapter 7 or chapter 13; after submitting, you have 7 days to send the signed declaration, a Pro Se Filing Disclosure form, a Social Security number statement with a copy of a photo ID, and your credit counseling certificate, and chapter 13 plans must use the court's local plan form. Northern District: the 'Filing Without an Attorney' pages offer a Pro Se Filing Packet, a list of forms required to file, fee installment and fee waiver applications, a verification of creditor list, and an online creditor-list submission; filing fees from self-represented filers must be paid by money order, cashier's check or exact cash. Western District: the Debtor page offers eSR for chapter 7 and 13 petitions, an Electronic Document Submission System (EDSS) for later filings, a pro se brochure and local forms; pro se debtors using eSR or EDSS must register for electronic noticing (DeBN) and complete Local Form 9036-1.B, and a drop box is available at the Oklahoma City clerk's office. All three courts say clerk's office staff cannot give legal advice. Also read: https://www.okeb.uscourts.gov/filing-without-attorney ; https://www.oknb.uscourts.gov/filing-without-attorney ; https://www.oknb.uscourts.gov/filing-without-attorney-forms ; https://www.okwb.uscourts.gov/filing-without-attorney ; https://www.okwb.uscourts.gov/debtor |
| Standard Chapter 13 lawyer fee | Western District of Oklahoma: General Order No. 26-03, Chapter 13 Guidelines (Appendix C; dated January 15, 2026), section VII.G, provides that the debtor's attorney may be awarded a fee in the confirmation order up to $4,000, inclusive of any retainer received pre-petition, without filing a fee application, plus an additional $750 for motions to avoid lien filed preconfirmation; the fee covers all pre-confirmation services and nominal post-confirmation services and is paid at up to $400 per month or 50% of the monthly plan payment, whichever is less. Attorneys may alternatively bill hourly. Eastern District of Oklahoma: General Order No. 16-12 (December 12, 2016) provides that effective January 1, 2017 the court will allow $4,750 as a reasonable, presumptive fee for attorneys representing debtors in a basic chapter 13 case, covering routine legal services from preparation and filing through confirmation and including one post-confirmation modification; attorneys charging the presumptive fee need not file a fee application. Eastern District General Order 16-12: https://www.okeb.uscourts.gov/sites/okeb/files/general-ordes/GO16-12.pdf |
Bankruptcy FAQ
Which bankruptcy court do I file in for Oklahoma?
Oklahoma has 3 federal bankruptcy court districts, each with its own U.S. Bankruptcy Court: Northern District of Oklahoma (https://www.oknb.uscourts.gov/); Eastern District of Oklahoma (https://www.okeb.uscourts.gov/); Western District of Oklahoma (https://www.okwb.uscourts.gov/).
What is the bankruptcy means test income limit in Oklahoma?
Median family income for Oklahoma: 1 person $61,180; 2 people $77,208; 3 people $86,845; 4 people $101,798; add $11,100 for each additional person beyond 4. These figures apply to bankruptcy cases filed on or after July 15, 2026.
Can you use the federal bankruptcy exemptions in Oklahoma?
Oklahoma has opted out of the federal bankruptcy exemptions. A person living in Oklahoma cannot use the federal exemption list in 11 U.S.C. 522(d) and must use the exemptions allowed by Oklahoma law, unless an Oklahoma statute expressly permits otherwise.
How much home equity is protected in bankruptcy in Oklahoma?
The home that is the person's principal residence (including a manufactured home used as the principal residence) is exempt with no dollar limit in the statute. The homestead may be up to 1 acre inside a city or town, or up to 160 acres outside a city or town. At least 75% of the home's square footage must be used as the principal residence; if more than 25% is used for business, the exemption is limited to $5,000.
Can I keep my car in bankruptcy in Oklahoma?
The person's interest in one motor vehicle, up to $7,500 in value.
Does Oklahoma have a wildcard exemption?
The Oklahoma exemption list does not include a general wildcard exemption that can be applied to any property; each exemption covers a specific type of property.
Are retirement accounts protected in bankruptcy in Oklahoma?
Any interest in a retirement plan or arrangement that qualifies for tax exemption or deferral under federal law is exempt, including distributions. The statute lists examples such as defined contribution and defined benefit plans, IRAs and Roth IRAs, SEP and Keogh plans, 403(a) and 403(b) annuities, education IRAs, and state 457 deferred compensation plans. Tax-free rollovers between plans are not treated as fraudulent transfers. The exemption is subject to the Uniform Fraudulent Transfer Act.
Are wages protected in bankruptcy in Oklahoma?
75% of current wages or earnings for personal or professional services earned during the last 90 days is exempt (different rules apply to garnishment for child support). A debtor who supports a family or other dependents may ask the court for a hearing to exempt more of their earnings because of undue hardship; a debtor with no dependents cannot claim this extra exemption.
Can I file bankruptcy without a lawyer in Oklahoma?
Oklahoma has three bankruptcy districts, and you file in the district where you lived for the greater part of the past 6 months. Eastern District: people filing without an attorney must use the court's free online eSR (Electronic Self-Representation) system for chapter 7 or chapter 13; after submitting, you have 7 days to send the signed declaration, a Pro Se Filing Disclosure form, a Social Security number statement with a copy of a photo ID, and your credit counseling certificate, and chapter 13 plans must use the court's local plan form. Northern District: the 'Filing Without an Attorney' pages offer a Pro Se Filing Packet, a list of forms required to file, fee installment and fee waiver applications, a verification of creditor list, and an online creditor-list submission; filing fees from self-represented filers must be paid by money order, cashier's check or exact cash. Western District: the Debtor page offers eSR for chapter 7 and 13 petitions, an Electronic Document Submission System (EDSS) for later filings, a pro se brochure and local forms; pro se debtors using eSR or EDSS must register for electronic noticing (DeBN) and complete Local Form 9036-1.B, and a drop box is available at the Oklahoma City clerk's office. All three courts say clerk's office staff cannot give legal advice.
How much does a Chapter 13 bankruptcy lawyer cost in Oklahoma?
Western District of Oklahoma: General Order No. 26-03, Chapter 13 Guidelines (Appendix C; dated January 15, 2026), section VII.G, provides that the debtor's attorney may be awarded a fee in the confirmation order up to $4,000, inclusive of any retainer received pre-petition, without filing a fee application, plus an additional $750 for motions to avoid lien filed preconfirmation; the fee covers all pre-confirmation services and nominal post-confirmation services and is paid at up to $400 per month or 50% of the monthly plan payment, whichever is less. Attorneys may alternatively bill hourly. Eastern District of Oklahoma: General Order No. 16-12 (December 12, 2016) provides that effective January 1, 2017 the court will allow $4,750 as a reasonable, presumptive fee for attorneys representing debtors in a basic chapter 13 case, covering routine legal services from preparation and filing through confirmation and including one post-confirmation modification; attorneys charging the presumptive fee need not file a fee application.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.