Pflugerville, TX asked in Bankruptcy for Texas

Q: I filed chapter 13 pro-se and had 341 meeting. Trustee said I filed wrong plan and should find an Atty.

I do nt want to have to sell my Truck I have 14,000 more to pay and have 14,000 already paid. All other debt appx 12,000 is unsecured and I have been "disabled" and getting SSDI since July 2020. Disability began July 2019. I have a disabled child as well and she gets SSI. Although I can make payments I will soon need thousands of dollars in dental work and have needed to homeschool my child since the public educational system does not have the ability to meet my childs needs. I see that the chpt 7 forms are similar to Chapter 13 and will not have to RE-DO much. My BIG question for an ATTY that knows the law is: will my truck debt be discharged because my "Income" is 100% Disability income and to reaffirm would create undue hardship. I need to keep my truck, it will last 20 plus years and I live in DEER and drunk driver country. Will the trustee force me to sell my truck to pay unsecured debt leaving me with no vehicle, or force me to buy an older "unsafe and worn out"vehicle

Related Topics:
2 Lawyer Answers
David Luther Woodward
David Luther Woodward
  • Bankruptcy Lawyer
  • Pensacola, FL
  • Licensed in Texas

A: You really really really need to talk to a bankruptcy lawyer who can go over everything in detail. Let me give you an idea of the exceptions available to Texans:

A car for every licensed drive in the household or anyone dependent on transportation.

You truck note will note will not be discharged, but you can reaffirm it and it will survive the bankruptcy so you can continue to pay it off.

This is just a sketchy outline. Go see a lawyer, they usually can work out a method for you to pay their fees and that is better than you making a huge mistake.

By the way, are there in drunken deer in your part of the State!

Good Luck


Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: You need an atty badly. Short version, keep the truck, pay for the truck. Give up the truck, debt discharged.

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.