Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Sean T. Flynn
1 Answer | Asked in Bankruptcy for Texas on
Q: I am filing a Chapter 7 Bankruptcy in Texas. Do I have to list my husband's VA Benefits in my income calculation?

The only income my husband and I have is social security income and his VA disability payments. We were married in 2019. Before our marriage, I accumulated much credit card debt. I am now retired, and unable to pay the credit cards. I know that his disability payments are excluded from the... View More

Sean T. Flynn
Sean T. Flynn
answered on Jan 22, 2021

Hello there. You are correct that you do not need to input VA disability and Social Security on the means test, but you do need to disclose the income on your schedule I as part of your income. You would also need to disclose it on the Statement of Financial Affairs as well.

2 Answers | Asked in Bankruptcy for Texas on
Q: Been in bankruptcy since 2018. Since covid I am to the point of being worse then broke. How do I talk to get out of now

Bankruptcy since 2018, never missed a payment. Been doing it successfully, but since covid and working directly with covid patients I cannot get extra work since I'm constantly exposed. So I have not been able to get extra work. Now I cant pay my insurance, pay my utilities or my gas to keep... View More

Sean T. Flynn
Sean T. Flynn
answered on Dec 15, 2020

If you have been in bankruptcy since 2018 it sounds like you filed under Chapter 13. A chapter 13 bankruptcy can typically be voluntarily dismissed at any time. Although before you dismiss you might explore seeing if you can modify your plan and possibly lower the payment. Under the CARES act, you... View More

View More Answers

3 Answers | Asked in Bankruptcy for Texas on
Q: Is it standard to only have to file 60 days of pay statements with your chapter 7 BK petition?

I've been reading that you may have to file bank statements, tax returns, etc. I was only told that I needed to file the 60 days of pay statements for my wife and I with the petition and so I did.

Sean T. Flynn
Sean T. Flynn
answered on Feb 5, 2020

The code requires that 60 days of pay advices be filed or provided, however it is not uncommon for additional pay advices to be requested - especially when you consider your means test looks at the previous 6 months of income.

View More Answers

3 Answers | Asked in Bankruptcy for Texas on
Q: Can I still keep my vehicle if I'm making the payment even if I don't choose to reaffirm the debt?
Sean T. Flynn
Sean T. Flynn
answered on Feb 5, 2020

It does depend on the creditor. Most creditors are fine with you continuing to make the payments. Some and very few creditors can and will still reposes the vehicle even if you are current but did not reaffirm. I would recommend speaking to an attorney for advice on your specific debt.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.