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Oklahoma Bankruptcy Laws

Oklahoma does not allow federal bankruptcy exemptions — debtors must use state exemptions only. However, Oklahoma has one of the most generous homestead exemptions in the country: unlimited equity in a homestead up to 1 acre in a city/town or 160 acres in rural areas. Oklahoma's personal property exemptions are relatively modest, but the unlimited homestead can protect significant wealth.

Last verified: 2026-02-25

Filing Requirements

Means Test Median Income (2025–2026)

Approximate annual median: 1 person $46,819; 2 persons $59,283; 3 persons $65,671; 4 persons $77,934. Households below the median qualify for Chapter 7 without the full means test calculation.

Key Oklahoma Statutes

Homestead Exemption (Unlimited Equity)31 O.S. § 2

Oklahoma protects unlimited equity in the debtor's homestead — one of the most generous homestead exemptions in the nation. Size limits: up to 1 acre within a city or town, or 160 acres (quarter section) in rural areas. The homestead must be the debtor's principal residence. Under federal law (BAPCPA), if the homestead was acquired within 1,215 days before filing, the exemption is capped at $189,050.

State Exemptions Only31 O.S. § 1(B)

Oklahoma has opted out of the federal bankruptcy exemptions. Debtors must use Oklahoma state exemptions exclusively.

Personal Property Exemptions31 O.S. § 1

Motor vehicle: $7,500. Household goods/furnishings: $4,000. Clothing: all necessary. Tools of trade: $10,000. Firearms: $2,000. Health aids: no limit. No wildcard exemption.

Retirement Account Exemptions31 O.S. § 1(A)(20)

Most retirement accounts are fully exempt, including 401(k), IRA, pension, and profit-sharing plans. Tax-exempt status under IRC § 401 or § 408 is generally sufficient for exemption.

Wage Garnishment Restrictions12 O.S. § 1171.2

Oklahoma follows the federal garnishment limit: the lesser of 25% of disposable earnings or the amount by which weekly earnings exceed 30 times the federal minimum wage ($217.50/week).

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Oklahoma.

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