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Questions Answered by Mr. J. Thomas Black
3 Answers | Asked in Bankruptcy for Texas on
Q: vihicle surrendered in chap. 7 can I create debt for vihicle within the 2 month period after trustee meeting

filled 12/11/2018, trustee meeting 1/9/2019, vihicle will be surrendered 2/24/2019. can I create loan now with first payment after 3/9/2019

Mr. J. Thomas Black
Mr. J. Thomas Black answered on Jan 24, 2019

Yes, there is no reason why you cannot incur a new debt to finance a vehicle after the filing of a chapter 7, but if you have an attorney you should discuss it with him or her.

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2 Answers | Asked in Bankruptcy for Texas on
Q: What happens to my student loans if I file for bankruptcy?
Mr. J. Thomas Black
Mr. J. Thomas Black answered on Sep 10, 2018

Student loans are not dischargeable in bankruptcy unless you can show "undue hardship" which is very difficult. An adversary proceeding or lawsuit must be filed within your bankruptcy, and after properly serving the defendant(s) with the summons and complaint, you must prove to the bankruptcy court... Read more »

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2 Answers | Asked in Bankruptcy for Texas on
Q: How will my filing of bankruptcy affect my alimony payments?
Mr. J. Thomas Black
Mr. J. Thomas Black answered on Aug 8, 2018

Alimony is considered a "domestic support obligation" or DSO in bankruptcy. It is not dischargeable in bankruptcy. It is also considered a priority claim and entitled to distribution ahead of other claims. So there should be no change in your alimony payments by reason of a bankruptcy filing.

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2 Answers | Asked in Bankruptcy for Texas on
Q: Does a lift of stay requested by a creditor and approved by court in a car repo case has a life span to be carried out?

In other words does that lift of stay has an expiration? Does the creditor has all the time in the world to carry it out or is there a dead line?

Mr. J. Thomas Black
Mr. J. Thomas Black answered on Jul 13, 2018

Once the automatic stay is lifted, it is lifted. The creditor can take all the time they want to repossess the vehicle. There is no deadline.

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3 Answers | Asked in Bankruptcy for Texas on
Q: My truck was repossessed, I’m thinking of filing bankruptcy, can I get it back?
Mr. J. Thomas Black
Mr. J. Thomas Black answered on Jul 10, 2018

If you qualify for chapter 13, and you file before the vehicle is sold, then yes you should be able to get the vehicle returned to you. Your chapter 13 plan would need to provide for payment of the vehicle plus some interest, over a 3 to 5 year period. If you want to try to save the vehicle, you... Read more »

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3 Answers | Asked in Bankruptcy for Texas on
Q: How long do I have to wait before I can file for a second bankruptcy? I'm really struggling.
Mr. J. Thomas Black
Mr. J. Thomas Black answered on Jun 18, 2018

You are eligible to receive a discharge in a second chapter 7 case filed more than 8 years after you filed your first one in which you received a discharge. However you are eligible to file a chapter 13 case and receive a discharge in it, anytime after 4 years after filing a chapter 7 case. And if... Read more »

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3 Answers | Asked in Bankruptcy for Texas on
Q: Does a bankruptcy proceeding sometimes involve a jury and trial or is only a judge ever involved?
Mr. J. Thomas Black
Mr. J. Thomas Black answered on May 11, 2018

It would be very rare for a bankruptcy judge to conduct a jury trial. Typically all proceedings including trials and hearings are "bench" trials before the bankruptcy judge.

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2 Answers | Asked in Bankruptcy for Texas on
Q: Can a lienholder that did not answer or show for the Ch13 filing charge interest and penalty on the debt?

I listed a lienholder on my filing and they did not answer or show. They have not contacted me since before the filing or even after it was discharged. Can they charge me interest and penalty on this lien? I tried many time to get a hold of someone and no luck. They should have foreclosed on 2012.

Mr. J. Thomas Black
Mr. J. Thomas Black answered on May 10, 2018

Liens can "pass through" bankruptcy unaffected unless they were dealt with by your bankruptcy somehow. If their lien is still valid, yes you may have to pay them including accumulated interest and other charges if you wish to keep the property.

This is much too difficult a question to get...
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2 Answers | Asked in Bankruptcy for Texas on
Q: I was recently dismissed from BK but I had 2 cars in my plan so what happens now? Will they notify me or just repo?
Mr. J. Thomas Black
Mr. J. Thomas Black answered on Apr 25, 2018

They will likely repo them, and they may do so quickly and without giving you any notice. So if I were you I would remove any personal items of yours from the vehicles.

If you want to try to work something out with them, call them immediately. Or it is possible to file a new chapter 13...
Read more »

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2 Answers | Asked in Bankruptcy for Texas on
Q: If I file c chapter 13 I know my student loans are not forgiven or discharged will they interest still accumulate during

My student loans were added onto my bankruptcy but I know they're not dischargeable just want to know if my interest is still going to accumulate during the five years of bankruptcy Chapter 13

Mr. J. Thomas Black
Mr. J. Thomas Black answered on Mar 21, 2018

Yes interest accumulates during chapter 13 cases on nondischargeable debts such as student loans.

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2 Answers | Asked in Tax Law for Texas on
Q: Is there a procedure to stop irs from issuing levy to take property and garnish wages?
Mr. J. Thomas Black
Mr. J. Thomas Black answered on Feb 12, 2018

Yes, there are several ways to stop the IRS from issuing a levy. You can request a Collection Due Process hearing, and then propose a collection alternative such as an Installment Agreement or an Offer in Compromise. If you qualify, you may be able to have the account put in Currently Not... Read more »

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1 Answer | Asked in Bankruptcy for Texas on
Q: Do you have to go to trial if you file bankruptcy?
Mr. J. Thomas Black
Mr. J. Thomas Black answered on Jan 18, 2018

In most consumer bankruptcies, you may not even see a bankruptcy judge, at least in our district. You meet the trustee, or one of their attorneys, at the Meeting of Creditors in chapter 7 and 13 cases.

In chapter 7 cases, at least here in the Southern District of Texas, it would be very...
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1 Answer | Asked in Bankruptcy for Texas on
Q: can i file bankruptcy without putting my cars or house just credit cards on it?
Mr. J. Thomas Black
Mr. J. Thomas Black answered on Nov 14, 2017

You must list all of your creditors in your bankruptcy. If you want to keep your cars and house, you can continue to pay them and if you wish, enter into a reaffirmation agreement with them (if chapter 7 bankruptcy). Then it is as though you did not file bankruptcy on them; your personal liability... Read more »

3 Answers | Asked in Bankruptcy for Texas on
Q: I wanted to know if i can file ch 7 a 4th time in TX?

Medical and credit card debt.

Mr. J. Thomas Black
Mr. J. Thomas Black answered on Nov 11, 2017

Under current law you can file chapter 7 bankruptcy every 8 years. I don't know why you would not be able to file a 4th time, so long as you did not incur the debt intentionally with the intent to file bankruptcy.

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1 Answer | Asked in Bankruptcy for Texas on
Q: What are way to improve your credit after filing a chapture 7 bankruptcy? What are some do's and dont's after filing?
Mr. J. Thomas Black
Mr. J. Thomas Black answered on Nov 8, 2017

After a bankruptcy discharge, review your free credit reports from annualcreditreport.com and dispute any that are not reporting correctly. If they were discharged they should show "discharged in bankruptcy" and show a zero balance due. Review your credit reports at least annually for errors.... Read more »

1 Answer | Asked in Bankruptcy and Traffic Tickets for Texas on
Q: I have a charge against me w/ Dept of Public Safety. I was in a minor accident w/o ins. for $40,000. Can it Discharge?

I just received a suspension of drivers license notice from DPS. I can't believe I was in a minor accident during the one week my insurance had lapsed. Unbelievable. Now I need help to get my license back. I don't see any other way to get out from under this. Please advise.

I also have... Read more »

Mr. J. Thomas Black
Mr. J. Thomas Black answered on Nov 7, 2017

Yes, so long as you were not DWI at the time of the accident, the damages from the auto accident should be dischargeable in bankruptcy. In that case, you would be eligible to apply to have your drivers license reinstated, but you must maintain liability insurance in the future.

2 Answers | Asked in Bankruptcy for Texas on
Q: Under chapter 7 Bankruptcy can I keep my homeand car also will IRS INCOME TAX DEBT be discharged state is TX

I am looking to file chapter 7 Bankruptcy looking to keep my house its financed with Wells Fargo

Mr. J. Thomas Black
Mr. J. Thomas Black answered on Oct 25, 2017

So long as you can continue to pay on your home and car, yes generally speaking you can keep those. IRS tax debt can be discharged but it must meet certain requirements. Again, generally speaking if it is over 3 years old measured from the due date of the tax return, you filed the tax returns more... Read more »

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2 Answers | Asked in Bankruptcy for Texas on
Q: I have some assets left but need to file for bankruptcy. Can I gift them to my kids to "hide" them so they aren't taken?
Mr. J. Thomas Black
Mr. J. Thomas Black answered on Sep 15, 2017

Of course you can, but if it is discovered the bankruptcy trustee will likely sue your children to recover the assets. Then the trustee can object to you receiving a discharge of all of your debts. Then if a criminal referral is made, you could find yourself going to federal prison for bankruptcy... Read more »

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1 Answer | Asked in Real Estate Law and Tax Law for Texas on
Q: How can I get my deceased parents property transferred to my name? My sister isn't paying the property taxes.

My parents and grandparents passed away years ago. Two of my sisters are living on their land, but we've recently found out that they are behind in the taxes. Since there was no will at the time of death for my parents nor my grandparents, can I get the property put into my name so that I can... Read more »

Mr. J. Thomas Black
Mr. J. Thomas Black answered on Sep 5, 2017

It's called probate. The probate of someone's estate refers to the process by which a Court recognizes that person's death and authorizes the administration of that person's estate, whether they have a will or not. You need to hire a probate lawyer.

1 Answer | Asked in Bankruptcy for Texas on
Q: I cosigned on my moms car and she filed bankruptcy. What does that mean for the car
Mr. J. Thomas Black
Mr. J. Thomas Black answered on Aug 23, 2017

Without more information it is difficult to say. Is she going to keep the car, pay for it and reaffirm the debt? If so you will be "off the hook" so to speak. But if she is going to surrender the car and discharge the debt, you will still be liable for any "deficiency" or balance due after the car... Read more »

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