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Texas Bankruptcy Questions & Answers
0 Answers | Asked in Bankruptcy and Tax Law for Texas on
Q: Chapter 7 in Texas (southern district) tax refund question

Hi, I filed chapter 7 a couple of weeks ago and just received my tax refund. I know not to spend it and that the Trustee is entitled to it but I am wondering about the EIC and CTC portions of the refund? I've read that trustees are not taking the child tax credit this year but I don't see... Read more »

1 Answer | Asked in Bankruptcy and Consumer Law for Texas on
Q: I have a foreclose notice from my mortgage company and is TRO ( temporary restraining order) can stop foreclose

I have a small condo and our 5 family member live in this condo for last 21 years. This is only primary resident we have, during covid my wife lost her job and my parents move back to our home. I could not able to make any payment to my mortgage. I tried several time to modify or adjust the past... Read more »

David Luther Woodward
David Luther Woodward answered on Apr 13, 2022

You can --through a lawyer--seek a temporary restraining order in District Court in your county. It is temporary--and I mean temporary. Don't expect more that 30 days till something will have to happen.

Go see a Bankruptcy Lawyer about a Chapter 13. That usually is the best way to...
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2 Answers | Asked in Bankruptcy, Consumer Law and Foreclosure for Texas on
Q: Good afternoon I like to know , what should i do regarding my home foreclose.

I have a past due ( 3 years) mortgage and due to pandemic ( lost job and parents hospitalized) could not able to pay . I have tried several time to modify the past due also requested for payment option. each proposal they turn down and send me a demand letter for full past due . Now i received a... Read more »

David Luther Woodward
David Luther Woodward answered on Apr 12, 2022

I have practiced in Texas and in Texas foreclosure is by "post and sell"--May 3 is the first Tuesday of the month which is foreclosure auction day. .That is contrasted to states like Florida where I practice now where is called a "Strict Foreclosure" state. That means that you... Read more »

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1 Answer | Asked in Bankruptcy and Real Estate Law for Texas on
Q: What rights do I have in protecting myself from bankruptcy when another has fed for bankruptcy on a joint home loan
Timothy Denison
Timothy Denison answered on Apr 1, 2022

Buy the house. Sell the house. File bankruptcy and discharge the house debt obligation.

1 Answer | Asked in Bankruptcy for Texas on
Q: Can a person file bankruptcy on a joint home loan
Timothy Denison
Timothy Denison answered on Apr 1, 2022

Yes

1 Answer | Asked in Bankruptcy for Texas on
Q: Chapter 11 bankruptcy for my commercial lease is it mean landlord can’t ask for remaining lease contract?

I have a 7 years lease with landlord and i started my business but I don’t have the money to complete. The landlord currently gave me 6 months of build out rent free. But now 6 months but I’m money. And I want to get out of lease, they say I have to make payment of remaining 7 years rent which... Read more »

David Luther Woodward
David Luther Woodward answered on Mar 31, 2022

Your lease may be avoidable in a bankruptcy proceeding, but I would consult a business bankruptcy specialist to see what all the options are

2 Answers | Asked in Bankruptcy, Foreclosure and Child Support for Texas on
Q: I had a property lien on my home unjust but the attorney general, even after the back pay was discontinued (no arrears)

They refused to remove the lien . The AG over charged me for child support, financially crippling me , I had to get property tax loans , this went on for 10 years .. My way out was to refinance my house , but because of this fraudulent lien I was unable to refinance.. I’ve gotten the run around... Read more »

Timothy Denison
Timothy Denison answered on Mar 21, 2022

What is your question?

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1 Answer | Asked in Bankruptcy and Construction Law for Texas on
Q: What will happen to the lien on Texas house after contractor filled bankruptcy Chp7? He perfected the lien before BK.

Lien is bonded and he started the lawsuit but now gone bankrupt.

Timothy Denison
Timothy Denison answered on Mar 15, 2022

You should move to avoid the lien in his bankruptcy.

1 Answer | Asked in Bankruptcy and Health Care Law for Texas on
Q: I won a lawsuit where I was told that I couldn’t speak about the settlement or the case.

I won a lawsuit for medical malpractice. I was told I couldn’t speak about the facts of the case or settlement. If I keep all names and settlement amounts confidential may I tell my story? The company who I sued has also filed bankruptcy. How do I find out if the company was liquidated? This is... Read more »

Timothy Denison
Timothy Denison answered on Mar 1, 2022

One would have to see the actual settlement to properly answer this question, but I would advise against any disclosure. Many times there are severe consequences for breaches of confidentiality. I think the safest course of action is to remain silent and disclose nothing.

1 Answer | Asked in Bankruptcy for Texas on
Q: do i need a lawyer to file a motion to reopen a ch 7 in texas
Timothy Denison
Timothy Denison answered on Feb 9, 2022

Yes.

1 Answer | Asked in Bankruptcy, Business Formation and Business Law for Texas on
Q: Should my LLC be cancelled by administration?

If I receive a notice for a hearing to NOT revoke our "limited sales, exercise and taxes" while having small outstanding sales taxes, would I need to pay them if I'm looking to dissolve my LLC regardless?

We created a company that wasn't profitable and we ended up not... Read more »

Timothy Denison
Timothy Denison answered on Jan 30, 2022

You will still owe the taxes whether the LLC is dissolved or not.

2 Answers | Asked in Bankruptcy and Immigration Law for Texas on
Q: Do you offer your services to Spanish Speaking Clients?
Timothy Denison
Timothy Denison answered on Jan 27, 2022

Absolutely.

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4 Answers | Asked in Bankruptcy and Family Law for Texas on
Q: My wife's mother is 82, she's has 60K debt in credit cards, owns nothing whatsoever. is my wife responsible upon dying?

She own's no real estate, no financial holdings, no car - nothing! nothing in her bank account and nothing in her will. Rents a small apartment. She's on Medicare and Medicaid.

Can the card holders go after my wife to pay here debt?

Lloyd M. Nolan
Lloyd M. Nolan answered on Jan 18, 2022

I am licensed only in Missouri and Illinois. Based upon the law in those States, I would say "No." I am not licensed in Texas but, UNLESS your wife is a co-signer, co-apllicant, or guarantor for any of your mother-in-laws debt, I cannot see how your wife would be responsible for her... Read more »

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1 Answer | Asked in Divorce, Bankruptcy, Real Estate Law and Cannabis & Marijuana Law for Texas on
Q: Divorce court said he needed to take me off the home. He never did. The house is about to foreclose.

I don’t have the money to fly to Oregon and get another lawyer to force him to refinance. I also learned he put the home in forbearance while the divorce was still processing. So now he has to either pay back 30 grand before he can refinance OR have me agree to sign papers to put that money on... Read more »

Timothy Denison
Timothy Denison answered on Jan 20, 2022

You need to consult your divorce attorney and move to hold him in contempt in the divorce case. He will likely have to hold you harmless on the debt regardless.

2 Answers | Asked in Bankruptcy and Real Estate Law for Texas on
Q: My ex husband never took me off the house as was court ordered. It’s about to foreclose. Can I file bankruptcy ?

If I file bankruptcy will this free me completely from the debt of the house? it’s going to foreclose and he is trying to get me to agree to put all the debt on the back of the loan. My ex is in another state (oregon) I haven’t lived in the home in over 5 years. I know he is in contempt for... Read more »

David Luther Woodward
David Luther Woodward answered on Jan 4, 2022

I think you are correct in being pro-active.

You need to consult a lawyer in Texas who does bankruptcy. You don't say where the house is, what your interest is, nor any detail necessary for complete advice.

Don't wait for someone else to do what you can cure in one...
Read more »

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1 Answer | Asked in Bankruptcy, Consumer Law, Collections and Small Claims for Texas on
Q: Not sure what to do. getting sued by LVNV FUNDING LLC. For the amount of $1456.73 for credit card debt.

Hello im getting sued by LVNV FUNDING LLC. For the amount of $1456.73 for credit card debt. I was wondering if i could settle the debt before going to court and if so how to go abour that. Ive never been sued so i have no idea what to even do or who to contact. My citation papers were served on... Read more »

Leslie Ann Werner
Leslie Ann Werner answered on Jan 8, 2022

It's extremely important for you to file an answer in a case like this, so they do not get a default judgment against you. For this amount of money, it's probably not cost-effective to hire an attorney, but if it was for a larger amount, definitely seek counsel.

And to...
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1 Answer | Asked in Bankruptcy, Contracts and Collections for Texas on
Q: Will I still owe my lender money from a reposed car even though they told me I wouldn’t ?

I am in Texas, and bought a car from a Buy Here Pay Here dealership a few months ago. I ended running into financial troubles, and the car was repossessed. Because my financial situation was so bad at the time, I ended up letting the car go. After doing some research I learned they could still... Read more »

Timothy Denison
Timothy Denison answered on Nov 6, 2021

They can still collect it and will attempt to collect it in the future. Be very careful dealing with the car lot.

2 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for Texas on
Q: My house was foreclosed upon while I was under bankruptcy protection in 2004, is it too late to sue Ameriquest Mortgage?
Cristina M. Lipan
Cristina M. Lipan answered on Nov 3, 2021

The bank likely received an order from the court lifting the automatic stay to proceed with the foreclosure. This is not uncommon and they can do this for various reasons - no equity, no adequate assurance, you haven't been paying the mortgage post petition... etc. Take a look at your... Read more »

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2 Answers | Asked in Bankruptcy for Texas on
Q: Recording chapter 7 bankruptcy with the court in Texas, before the hearing, will that stop State proceedings?

I know the back child support can never be washed away, but if by recording the Chapter 7 bankruptcy, will keep me out of debtors prison or jail?

Is this a true statement about filing bankruptcy, If you are behind on child support?

Filing a chapter 7 will get you out of jail by... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Nov 2, 2021

The automatic stay does not apply to criminal proceedings or domestic support obligations. Bankruptcy Code 362(b)(1) and (2).

(b)The filing of a petition under section 301, 302, or 303 of this title, or of an application under section 5(a)(3) of the Securities Investor Protection Act of...
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2 Answers | Asked in Bankruptcy for Texas on
Q: During Chapter 7 Bankruptcy, is it normal for the trustee to ask for your unemployment application?

I filed for chapter 7 in Texas with over 10,000 in checking accounts. 100% of this money is from unemployment compensation so I claimed it all as exempt. I told my trustee that at 341 meeting, and he said that it might not be exempt.

I was expecting him to ask for bank statements which... Read more »

Timothy Denison
Timothy Denison answered on Oct 20, 2021

It’s not normal. But it is permissible as most debtors don’t have 10k in the bank. Give him the apps and let him see it is all unemployment.

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