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Texas Bankruptcy Questions & Answers
3 Answers | Asked in Bankruptcy for Texas on
Q: In filing chap 7 , will I lose my home I’m paying for ? And 2 cars that are paid for ? I don’t have any assets .

A lot of unsured debt due to car accident and can not get a release from doc and lost my job of 16 years . I have judgements filed against me and others sueing me now as well . On disability fixed income . And no savings . Drained it trying to pay creditors . Bad situation. And hospital bills .

Cristina M. Lipan
Cristina M. Lipan
answered on Aug 16, 2018

You have a home and 2 cars, you have assets. In a chapter 7, your debts are discharged and any non-exempt assets liquidated to pay back those debts. However, there are protections available. For the home, it depends on equity you have in the home and if homestead exemption covers it. For the... View More

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2 Answers | Asked in Bankruptcy for Texas on
Q: How will my filing of bankruptcy affect my alimony payments?
Mr. J. Thomas Black
Mr. J. Thomas Black
answered on Aug 8, 2018

Alimony is considered a "domestic support obligation" or DSO in bankruptcy. It is not dischargeable in bankruptcy. It is also considered a priority claim and entitled to distribution ahead of other claims. So there should be no change in your alimony payments by reason of a bankruptcy filing.

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1 Answer | Asked in Bankruptcy for Texas on
Q: Filed bankruptcy in August 2017. Now HSBC credit card is trying to get 2 judgments from me during home sale. Help.

These judgments do NOT show on credit reports and are 8 and 6 years old.

Timothy Denison
Timothy Denison
answered on Jul 23, 2018

If the judgments are not listed in your bankruptcy, you should file a motion to reopen and add the HSBC creditors. They will then likely be precluded from collecting the debt.

1 Answer | Asked in Bankruptcy for Texas on
Q: I have 3700.00 in savings. Can I fil bankruptcy? Will I have to forfeit that?
Timothy Denison
Timothy Denison
answered on Jul 21, 2018

You have an exemption that will allow you to cover the $3,700 and keep the money.

1 Answer | Asked in Bankruptcy for Texas on
Q: Do I have to appear at motion to dismiss hearing if modification is filed?

My attorney is filing modification before the hearing. The hearing will still take place. My issue is I'm a truck driver, extremely behind on just about everything. If I tell my job I can't make it (doesn't matter that it's court) I will not be placed in dispatch jobs rotation... View More

Timothy Denison
Timothy Denison
answered on Jul 20, 2018

Check with your attorney and see if he can appear for you. Getting approval in advance will increase the likelihood of you not having to spear.

1 Answer | Asked in Bankruptcy for Texas on
Q: I got a loan using my car as collateral and i was wondering because its getting to wear its getting to much to make the

Payments. Can i file bankruptcy on it with my other debt?

Timothy Denison
Timothy Denison
answered on Jul 20, 2018

Yes. You may include it and with reaffirm (keep) the car or surrender (give back the car.

2 Answers | Asked in Bankruptcy for Texas on
Q: I'm looking to file bankruptcy in Texas , but I own a House in P.R. that I can't , Can include in the bankruptcy in Tx

I can't pay due to lose of income.

Nels Hansen
Nels Hansen
answered on Jul 18, 2018

The bankruptcy court that you file your bankruptcy in will be determined by where you have lived for the majority of the 180 days immediately before filing. You are required to list all assets and debts when you file bankruptcy and that would include a house in P.R.

You should contact an...
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1 Answer | Asked in Bankruptcy for Texas on
Q: In Texas, if you convert a chapter 13 to a chapter 7, do you have to pass a means test?
Timothy Denison
Timothy Denison
answered on Jul 16, 2018

Yes. It is likely it will be the same means test you took and filed with your Chapter 3 petition.

1 Answer | Asked in Bankruptcy for Texas on
Q: I filed for ch7 last year in July. Got discharged in Oct,2017. In April, 2018... received a copy from Trustee

Asking creditors to file proof of calim, as there maybe disbursment available. I filed Homestead exemption on my home in Texas. I dont have any other assets. My2017 tax return never came from IRS for $1400. What other assets they think i have for disbursement. My laweyer is no help. Please advice.... View More

Timothy Denison
Timothy Denison
answered on Jul 13, 2018

Your lawyer should be able to resolve this for you. If not, consult a new lawyer. Likely it is a conservative approach by the trustee hoing maybe assets turn up.

2 Answers | Asked in Bankruptcy for Texas on
Q: Does a lift of stay requested by a creditor and approved by court in a car repo case has a life span to be carried out?

In other words does that lift of stay has an expiration? Does the creditor has all the time in the world to carry it out or is there a dead line?

Mr. J. Thomas Black
Mr. J. Thomas Black
answered on Jul 13, 2018

Once the automatic stay is lifted, it is lifted. The creditor can take all the time they want to repossess the vehicle. There is no deadline.

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3 Answers | Asked in Bankruptcy for Texas on
Q: My truck was repossessed, I’m thinking of filing bankruptcy, can I get it back?
Timothy Denison
Timothy Denison
answered on Jul 10, 2018

You can get it back if you pay the par due amounts owed on it. You probably should do this prior to filing bankruptcy as the filing will not cause the truck to be returned to you.

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1 Answer | Asked in Bankruptcy for Texas on
Q: I just paid attrney retainer fee for chpter 7.i still have to pay 2100 fees. Can I stop paying payday loans
Timothy Denison
Timothy Denison
answered on Jul 9, 2018

Ask your newly retained attorney but you probably should stop paying all debts you don’t intend to reaffirm in your nkruptcy.

1 Answer | Asked in Bankruptcy for Texas on
Q: I filed for bankruptcy four years ago. I'm doing much better now and need to purchase a new car. Am I going to be able

to get a loan?

Timothy Denison
Timothy Denison
answered on Jul 5, 2018

If you have verifiable income, you should be able to obtain a loan without incident.

1 Answer | Asked in Bankruptcy, Foreclosure and Real Estate Law for Texas on
Q: Hello, I need advice about a mortgage of a home that caught on fire

I have a manufacture home that caught on fire. the insurance sent me a check in my name and the mortgage company name. the company is refusing to send me copies of the documentation required to prove the amount that I owe for the house and they will not sign the check. they want me to sign the... View More

Timothy Denison
Timothy Denison
answered on Jun 23, 2018

Have a local lawyer send them a letter requesting a payoff amount. They can determine exactly what is owed and negotiate deposit and payment of the check.

3 Answers | Asked in Bankruptcy for Texas on
Q: How long do I have to wait before I can file for a second bankruptcy? I'm really struggling.
Mr. J. Thomas Black
Mr. J. Thomas Black
answered on Jun 18, 2018

You are eligible to receive a discharge in a second chapter 7 case filed more than 8 years after you filed your first one in which you received a discharge. However you are eligible to file a chapter 13 case and receive a discharge in it, anytime after 4 years after filing a chapter 7 case. And if... View More

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1 Answer | Asked in Bankruptcy and Education Law for Texas on
Q: I obtained a Bachelors degree from ITT Technical Institute, at the time, I was told that it was accredited.

Now, I'm finding out that it is not accredited and none of the credits transfer and I'm not working in my field of study in which I obtained the Bachelor degree. I feel that the degree is worthless and yet I'm still paying on student loans.

Is there anything that can be done?

Tammy L. Wincott
Tammy L. Wincott
answered on Jun 13, 2018

Please look at this link for more information relating to ITT - you may have to copy and paste as it doesn't show to be a hyperlink.

https://studentaid.ed.gov/sa/about/announcements/itt

2 Answers | Asked in Bankruptcy for Texas on
Q: I have a car in the shop before I filed bankruptcy chapter 13. I can't afford to get it out. Will they keep my car?
Timothy Denison
Timothy Denison
answered on Jun 6, 2018

You may be able to svoid the lien in bankruptcy court. Consult an experienced bankruptcy attorney. The debt may also be included in your repayment plan.

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1 Answer | Asked in Bankruptcy for Texas on
Q: Can you file for bankruptcy jointly with your spouse in Texas and what are the pros and cons of doing so?
Timothy Denison
Timothy Denison
answered on Jun 4, 2018

You can file separately or jointly with your spouse anywhere. Pros and cons are case specific and can depend on whose name the debts are in, how much is owed, etc. you should consular a local bankruptcy attorney who can can assess your situation and help you make the right decision.

2 Answers | Asked in Bankruptcy and Foreclosure for Texas on
Q: if I file for chapter 13 in Texas (from lack of employment) how can I save my house and automobile, or do I loose them?

Do the house/car payments get adjusted and if so, how does it work and for how long do the payments get lowered?

Cristina M. Lipan
Cristina M. Lipan
answered on May 22, 2018

You probably wouldn't file a chapter 13 if you have no income. House and car may be exempted somewhat in a chapter 7. You need to speak to an attorney about your specific situation, as an answer on how to proceed depends on many factors.

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2 Answers | Asked in Bankruptcy for Texas on
Q: Bankruptcy automatic stay

I provided a post tax sale notice to someone after their property was sold in a tax sale. This is done to ensure that the person’s constitutional rights under the 4th amendment are protected.

I then receive a letter from their attorney saying should I contact their attorney again, they... View More

Cristina M. Lipan
Cristina M. Lipan
answered on May 14, 2018

It's just a standard letter and you do not need to take it personally. Now that you are on notice, the automatic stay applies.

Information provided for informational purposes only and should not be taken as legal advice.

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