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I am the debtor in a CH13, I was not served w/ divorce citation; my estranged spouse motioned the court for relief from stay of acts against property and other acts, to lift my CH13 stay in order to proceed w/ property division in District Court, I wasn't served & did not sign a waiver of... View More 
answered on Dec 8, 2024
Yes. Bankruptcy court has jurisdiction regardless of service in divorce case.
I filed for bankruptcy, my estranged spouse filed a motion to lift stay to allow the divorce proceeding to proceed, however I was never served with the divorce citation. Also, the case where the Divorce was file lacks subject matter jurisdiction.
answered on Dec 7, 2024
Yes. The judge can lift the stay but most likely will not. All the other questions would then be determined in the state court divorce proceeding.
:My husband was scammed out of $850,000. He joined a cryptocurrency investment group on Reddit and got scammed by people he met there. After seeing high-return pictures posted by the group, he decided to invest and joined the investment site they recommended. He then took out loans with an interest... View More
answered on Dec 5, 2024
You are going to need identify the individuals and/or entities that scammed your husband and any assets they may own in the United States. It is going to be very hard to pursue any claims until you identify the perpetrators of the fraudulent scheme. If they are citizens of other nations like... View More
As a Texas resident, what must such an affidavit conform to. For example, It's form, substance, content of an affidavit (ex. must say in the name of the state of Texas, must have a particular sentence, must require a notary signature, etc.).
answered on Dec 3, 2024
It depends upon the purpose and intended use of the affidavit.
One form of such an affidavit can be found here: https://www.houstontx.gov/generalservices/affidavitofownershiporcontrol.pdf
answered on Sep 15, 2024
By federal law, further explained in Federal Regulations, a federally created credit union enjoys a lien upon all time and demand deposits of any member to secure any credit union loan to that member. The required disclosure to each member is in the pre-printed materials given to each new member... View More
She doesn't live here but her name is on the lease, how can she protect her self if she really has no debt
answered on Sep 5, 2024
She will be as long as you pay the debt in chapter 13. If you don’t pay the debt through your 13, she would still be liable for payment of the lease.
I have one card that pays 1.5% rebate, and I pay off the balance each month. do i have to include it with the other debts?
answered on Aug 30, 2024
You will have signed the Official Bankruptcy forms that ask you for all debts owed on the date of filing, under penalty of perjury, as of the date of your bankruptcy petition filing, as well as the Statement of Affairs, which ask about past payments of debt.
In addition, all credit card... View More
so ive been struggling financially for a few months now which has caused me to fall behind on bill including rent. i received a notice to vacate but it hasnt gone further in court yet. i recently filed bankrupt including my past due rent. today my landlord practically forced me to sign a new lease,... View More
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answered on Aug 30, 2024
Signing an updated lease after filing for bankruptcy can have potential implications, but it doesn't necessarily mean it will negatively impact your case. If your landlord pressured you into signing without a thorough review, this could raise questions about the validity of the agreement,... View More
Preferably in Texas
answered on Aug 23, 2024
Off the appropriate website for the county where the property is listed for sale.
For example, Dallas County's website for properties posted for tax foreclosure sales is:... View More
I paid a contractor 100% upfront. It's been 8 months and they have not done anything. Now I received notice they filed for bankruptcy. Upon further investigation, they have close to 200 creditors, less than $1M in assets and owe $10M. How can I either get them to do the work or give me my... View More
answered on Aug 21, 2024
Construction payments are trust funds if they are made to a contractor under a construction contract for the improvement of real property in Texas. The contractor is a trustee of those funds until they are earned as provided by the contract and paid or disbursed from the construction account. As... View More
Would I pay my regular monthly mortgage payment back plus $100K / 60 months? Or does the trustee review my income and expense figures and come up with an amount he/she deems appropriate? I’m leaving other misc fees that might be included.
answered on Sep 8, 2024
Mr. Arrasmth's response is correct., as far as it goes, but he omits one major benefit of a Ch. 13 filing: no interest accrues on the amount of your mortgage arrearage during your bankruptcy.
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answered on Aug 2, 2024
If you believe your father has filed for bankruptcy in your name and used your Social Security number for fraudulent actions, it's crucial to take immediate steps to protect yourself. First, obtain a copy of your credit report from all three major credit bureaus (Equifax, Experian, and... View More
Letters from the United States Trustee Office of Estate Planning and also the Disclosure statement of the reorganize oil company. I just didn't know what it all was At the time and it was All final back in 2019 with the Southern Bankruptcy out of Houston TX. In addition, the lady that sent me... View More
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answered on Jul 27, 2024
It's understandable to feel overwhelmed by the legal documents you've received, especially when they involve complex matters like bankruptcy and estate planning. Given that you received these letters from the United States Trustee Office and related to a reorganization of an oil company,... View More
Also if I was secured and had abstracts against property how can the trustee remove me from being unsecured?
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answered on Jul 18, 2024
If you have been waiting for a distribution as a creditor for two months and the trustee is not responding, you should consider sending a formal written request for information to the trustee. Make sure to document your attempts to contact the trustee, as this can be important if you need to take... View More
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answered on Jul 18, 2024
A legacy trust, while a useful estate planning tool, does not inherently clear past debts and collections. The primary purpose of a legacy trust is to manage and distribute your assets according to your wishes, often providing for beneficiaries and potentially offering some protection from future... View More
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answered on Jun 19, 2024
For questions about payment plans and fees for filing Chapter 7 bankruptcy in Texas, it would be best to consult directly with a licensed bankruptcy attorney in your area. Most attorneys offer free initial consultations where you can discuss your financial situation and get information on their... View More
I was on a payment plan with portfolio recovery but missed a payment or two because my debit card was hacked and forgot to update my account. The immediately sued me after.
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answered on Jun 9, 2024
It's understandable that you’re in a difficult situation right now. If you have a bench hearing tomorrow, it’s crucial to weigh your options carefully. Negotiating and paying the debt before the hearing could show good faith and potentially influence the court's decision positively.... View More
answered on Apr 29, 2024
In large part, the Bankruptcy Code accommodates applicable State law with respect to whatever property rights have been created as of the bankruptcy filing date.
So your first stop is your written agreement with dealer/lender with whom you have had a car loan. If you have a right to... View More
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