Will the Trustee take my dog?

Filing for Chapter 7 bankruptcy can be a life-changing decision, not only financially but also emotionally, especially when it comes to the possibility of losing beloved pets. Understandably, this concern weighs heavily on pet owners considering bankruptcy.

Under Chapter 7 bankruptcy, the trustee liquidates non-exempt assets to pay creditors. Oklahoma does offer some exemptions for non-pet animals such as: (1) five milk cows and their calves, (2) one hundred chickens, (3) two horses, (4) ten hogs, and (5) twenty head of sheep; however, Oklahoma does not provide protections or exemptions for pets such as dogs or cats. So, a trustee could theoretically take a debtor’s pet to repay creditors…

The key factor is the value assigned to the pet. While most household pets like cats and dogs have nominal monetary value, certain animals, such as purebred dogs, horses, or exotic pets, might be appraised at higher values, potentially putting them at risk in a bankruptcy case.

That said, the risk of a trustee taking a pet is exceptionally low.

For those involved in breeding, showing, or professional activities with their animals, the situation can be more complex. These animals might not qualify for personal exemptions as they could be considered business assets.

In any case, it’s important for pet owners to disclose all information about their pets to their bankruptcy attorney. Full disclosure allows for proper planning and ensures the use of all available exemptions to protect these cherished members of the family.

Conclusion

While the risk of losing pets in a Chapter 7 bankruptcy exists, it is relatively low for typical household pets. Discussing your situation with an attorney at Pioneer Bankruptcy can provide clarity and peace of mind. Remember, bankruptcy is about providing a fresh start, and for many, that includes continuing the journey with their beloved animal companions by their side.

Photo by Jamie Street on Unsplash

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