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Texas Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Texas on
Q: John Deere financial sent a letter saying we owe almost 35000 on a skid steer that we gave back to them.
Timothy Denison
Timothy Denison
answered on Nov 13, 2024

Demand an accounting of the entire rental.

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2 Answers | Asked in Bankruptcy for Texas on
Q: Credit union took $2k from new acct for bankruptcy discharged in 2001. Told no reason I couldn't rejoin then they did it
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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

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2 Answers | Asked in Bankruptcy for Texas on
Q: Will my roommate be protected from a eviction if I'm in a chapter 13 bankruptcy

She doesn't live here but her name is on the lease, how can she protect her self if she really has no debt

Timothy Denison
Timothy Denison
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.

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2 Answers | Asked in Bankruptcy for Texas on
Q: If I file chapter 7 can I exempt one or more unsecured credit cards if they are current?

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?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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...
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1 Answer | Asked in Bankruptcy, Contracts and Landlord - Tenant for Texas on
Q: Will signing a updated lease effect my bankruptcy case and look unfavorable in eviction court?

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

James L. Arrasmith
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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

2 Answers | Asked in Bankruptcy and Tax Law for Texas on
Q: Where and how do I get a listing of properties, homes or businesses being seized for back taxes or anything else

Preferably in Texas

John Michael Frick
John Michael Frick
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:...
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2 Answers | Asked in Bankruptcy for Texas on
Q: Do you do personal debt relief chapter 13 bankruptcy

No

Timothy Denison
Timothy Denison
answered on Sep 14, 2024

Yes.

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2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Construction Law for Texas on
Q: What should I do if I paid a contractor 100% upfront and they have not done any work and they filed bankruptcy?

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

John Michael Frick
John Michael Frick
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

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2 Answers | Asked in Bankruptcy for Texas on
Q: How does CH 13 repayment plan work? Assuming I am $100K behind on my mortgage and a 5 year repayment plan.

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.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
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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1 Answer | Asked in Bankruptcy, Foreclosure and Identity Theft for Texas on
Q: I think my father filed bankruptcy in my name and I believe he's been Using my SS # for alot of FRAUDULENT actions
James L. Arrasmith
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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

1 Answer | Asked in Bankruptcy, Estate Planning, Family Law and Energy, Oil and Gas for Texas on
Q: Thanks for answering my question ❓ I would like to ask, what do I do if I was told not to pay no attention to letters.

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

James L. Arrasmith
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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

1 Answer | Asked in Bankruptcy and Gov & Administrative Law for Texas on
Q: I'm awaiting distribution as a creditor for two months now, the trustee does not respond to me what do I do?

Also if I was secured and had abstracts against property how can the trustee remove me from being unsecured?

James L. Arrasmith
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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

1 Answer | Asked in Bankruptcy, Collections and Estate Planning for Texas on
Q: Can a legacy trust clear all my past debt and collections and what’s a step by step transfer ? It’s called legacy trust
James L. Arrasmith
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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

1 Answer | Asked in Bankruptcy for Texas on
Q: Will you accept payment plan to file chapter 7 or full payment to file???
James L. Arrasmith
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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

1 Answer | Asked in Bankruptcy and Collections for Texas on
Q: I have a default judgment and the bench hearing is tomorrow. Should I negotiate and pay before the hearing tomorrow?

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.

James L. Arrasmith
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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

2 Answers | Asked in Bankruptcy for Texas on
Q: Can I redeem my repossessed vehicle by filing chapter 13 bankruptcy?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
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...
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2 Answers | Asked in Bankruptcy for Texas on
Q: Is there a template for an order accompaning a motion for extension of time in a chapter 13 case in Texas
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Apr 15, 2024

Without first checking myself, my best guess is probably not, but to be sure, go online to the website of the federal district where you're located, and it should list "Forms". Under that heading, go to "local forms", and check out what's shown there.... View More

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2 Answers | Asked in Bankruptcy and Foreclosure for Texas on
Q: I need to know how to stop a writ of possession that hasn't been served
John Michael Frick
John Michael Frick
answered on Mar 19, 2024

A writ of possession may be stayed by timely appealing the case to the county court or by filing a supersedeas bond within ten days from the date of judgment in the county court.

Once a judgment for eviction has been granted, even filing bankruptcy will not stop a writ of possession from...
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3 Answers | Asked in Bankruptcy for Texas on
Q: I have a judgement of over $46,000 The debtor has an exempt real estate asset yet filed chapter 13

He is not passed due on other creditors , he simply doesn't want to sale this asset worth 175 K + and filed chapter 13 it is not his homestead it is an inherited house and 1.28 acres. When the court ordered the judgment he transferred the deed to his wife when he learned that is illegal he... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Mar 15, 2024

You seem to describe an argument simply between two persons, a debtor and a creditor.

There are ample cases on the books that say that such a case serves no bankruptcy purposes and should be dismissed. The US Trustee likewise appears to dislike such cases, and often files a Motion to...
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1 Answer | Asked in Bankruptcy for Texas on
Q: Vehicle repossessed after failed bankruptcy, possible to recover?

Hello,

Due to financial hardship, my Chapter 13 bankruptcy was dismissed with prejudice and my vehicle has been repossessed. It's probably not possible but are there any last resorts I could explore to get my vehicle back? Thank you for your time.

James L. Arrasmith
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answered on Mar 13, 2024

I'm sorry to hear about your financial hardship and the repossession of your vehicle. While it may be challenging to recover your vehicle after a dismissed Chapter 13 bankruptcy, there are a few potential options you could explore:

1. Redemption: You may be able to redeem your vehicle...
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