Ask a Question

Get free answers to your Bankruptcy legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Texas Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Texas on
Q: Filling for bankruptcy and immigration status.

Many years ago I entered the country legally, obtain a work permit. I have a valid SSN. At one point the program under which I applied was cancelled but I remained in the country. I'm waiting for an appeal and have an LLC which I use to run an IT business, have always filled taxes. The... View More

Timothy Denison
Timothy Denison
answered on May 12, 2018

You can still file. You should be able to renew your drivers license without much problem. As long as you have a valid state issued ID, it is very likely that no one will question you further about it.

3 Answers | Asked in Bankruptcy for Texas on
Q: Does a bankruptcy proceeding sometimes involve a jury and trial or is only a judge ever involved?
Timothy Denison
Timothy Denison
answered on May 11, 2018

There are no jury trials in a bankruptcy proceeding. A judge will make all the decisions.

View More Answers

2 Answers | Asked in Bankruptcy for Texas on
Q: Can a lienholder that did not answer or show for the Ch13 filing charge interest and penalty on the debt?

I listed a lienholder on my filing and they did not answer or show. They have not contacted me since before the filing or even after it was discharged. Can they charge me interest and penalty on this lien? I tried many time to get a hold of someone and no luck. They should have foreclosed on 2012.

Mr. J. Thomas Black
Mr. J. Thomas Black
answered on May 10, 2018

Liens can "pass through" bankruptcy unaffected unless they were dealt with by your bankruptcy somehow. If their lien is still valid, yes you may have to pay them including accumulated interest and other charges if you wish to keep the property.

This is much too difficult a...
View More

View More Answers

2 Answers | Asked in Bankruptcy for Texas on
Q: I was recently dismissed from BK but I had 2 cars in my plan so what happens now? Will they notify me or just repo?
Timothy Denison
Timothy Denison
answered on Apr 25, 2018

If you start making payments again on them, they will likely let you keep them. If you don’t pay, they’ll ultimately try to repo them.

View More Answers

1 Answer | Asked in Bankruptcy for Texas on
Q: I recently was discharged from a chapter 7 in march... how long do I have to wait to cosign for a vehicle.

Don't want to break any laws but my daughter is heading out to college and would like something safe and dependable when she leaves... she is paying for it but her income is real low... just trying to help her out

Timothy Denison
Timothy Denison
answered on Apr 18, 2018

You can co-sign now with any lender that will appove it. No laws broken by doing so.

1 Answer | Asked in Bankruptcy for Texas on
Q: Is there a special process to remove a bankruptcy from your credit report, or will it go away after a certain amount of

time?

Cristina M. Lipan
Cristina M. Lipan
answered on Apr 9, 2018

It stays on your credit report for 7 years.

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

1 Answer | Asked in Bankruptcy and Energy, Oil and Gas for Texas on
Q: Chapter 11 bankruptcy after the final decree when do the creditor get paid for there proof of claim. This a oil and gas

This would be in reference to mineral interest and working interest disbursements. It is secured priority.

Aimee Hess
PREMIUM
Aimee Hess
answered on Apr 6, 2018

In most cases, in a Chapter 11 "Debtor in Possession" proceeding, the debtor prepares and files a "Plan of Reorganization" that must be approved by the Court and certain creditors. In most cases that I have been involved with, the Plan will provide details on when creditors get... View More

1 Answer | Asked in Bankruptcy for Texas on
Q: In Texas how long can you retain a lawyer before filling chapter 7.

I have 0 assets, credit card debt, but not ready to file. All have been been either written off / collections or profit and loss. Need to have things in place, save for the cost and taxes.

William Biggs
William Biggs
answered on Mar 30, 2018

It depends on the lawyer. Chapter 7 lawyers usually charge the full fee up front because, like most other debts, anything you owed them at the end of the bankruptcy proceeding would be discharged. For that reason many bankruptcy attorneys will actually work out a payment plan with you, and some may... View More

2 Answers | Asked in Bankruptcy for Texas on
Q: If I file c chapter 13 I know my student loans are not forgiven or discharged will they interest still accumulate during

My student loans were added onto my bankruptcy but I know they're not dischargeable just want to know if my interest is still going to accumulate during the five years of bankruptcy Chapter 13

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Mar 20, 2018

Yes, they continue to accumulate interest and late fees so build into your budget a payment to avoid late fees and interest accumulating

View More Answers

1 Answer | Asked in Bankruptcy for Texas on
Q: If you file for bankruptcy can you keep your home?
Cristina M. Lipan
Cristina M. Lipan
answered on Mar 9, 2018

Very often, the answer is yes. However, it depends on your specific circumstances, so you would need to consult with a bankruptcy attorney to confirm.

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

1 Answer | Asked in Bankruptcy for Texas on
Q: How can I find out if a person has filed Bankruptscy?

My family is carrying the mortgage on my deseased mom’s home in Munday TX. (Knox county) for my brother. He quit making payment, saying he filed bankruptcy

David Earl Phillips
David Earl Phillips
answered on Mar 8, 2018

You might try calling 214 767 0814, which is the number for the Northern District Of Texas Bankruptcy Court. Ask for the clerk's office and they may be able to help. Hope that helps!

1 Answer | Asked in Bankruptcy for Texas on
Q: If I file personal bankruptcy how does that affect an LLC I have with my brother?
David Earl Phillips
David Earl Phillips
answered on Feb 16, 2018

The trustee could be interested in your membership in the LLC. For instance, if you are a 50% member, then one half of the value of the LLC would be yours. It will depend on how much that would be worth and exemptions you may have. You really need to see a bankruptcy lawyer near you to determine... View More

1 Answer | Asked in Bankruptcy for Texas on
Q: Do you have to go to trial if you file bankruptcy?
Mr. J. Thomas Black
Mr. J. Thomas Black
answered on Jan 18, 2018

In most consumer bankruptcies, you may not even see a bankruptcy judge, at least in our district. You meet the trustee, or one of their attorneys, at the Meeting of Creditors in chapter 7 and 13 cases.

In chapter 7 cases, at least here in the Southern District of Texas, it would be very...
View More

1 Answer | Asked in Bankruptcy for Texas on
Q: Discharged debt

My bankruptcy was discharged in October. There is a toll company who, every time I call to pay current bills, tries to collect the discharged bills. They tell me they were never notified. They are listed on the discharge paperwork. Do they need to figure it out on their own using my case number, or... View More

Cristina M. Lipan
Cristina M. Lipan
answered on Jan 5, 2018

Send them the Certificate of Notice issued by the bankruptcy court, as long as they are listed on it. Those are the addresses notice was sent to by the court. Send them both for the Notice of commencement (and of 341 meeting of creditors) filed at the beginning of the case, and for the Order of... View More

1 Answer | Asked in Bankruptcy for Texas on
Q: Hi, I was wondering if this website allows you to search bankruptcy filings for companies?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Dec 4, 2017

Not through this site. You need to go onto PACER, which is the bankruptcy court filing and searchable database

1 Answer | Asked in Bankruptcy, Business Law and Employment Law for Texas on
Q: Liquidation

Hi,

I work with a business who ceased operations and announced liquidation. Now they are paying my total balance partially by saying they are rejecting all of the invoices after the date of liquidation. Can I dispute this legally, what's yours advise?

Thank you

Cristina M. Lipan
Cristina M. Lipan
answered on Nov 30, 2017

Did they file bankruptcy or are they winding down the business? If they are in a bankruptcy case, then an attorney can probably help you. I would need to see the actual documents though, to understand what exactly is going on.

1 Answer | Asked in Bankruptcy and Foreclosure for Texas on
Q: I own a home in Ca &one Tx. I have 30k in debt I cant pay.Can I be forced to sell one of my homes by not paying my bills

I am considering BK 7. Or possibly just stop paying the bills as it would save me 1000 per month. I am on a fixed income now. The homes are being rented out. I'm aware of the homestead law. If I were to homestead, I would protect the home in California. The home in Tx is about a year... View More

Cristina M. Lipan
Cristina M. Lipan
answered on Nov 29, 2017

Homestead laws only apply when you reside in the property. You indicated the homes are being rented out, so you might not have this exemption. You should speak to a local bankruptcy attorney that can more accurately analyze the situation.

1 Answer | Asked in Bankruptcy and Consumer Law for Texas on
Q: My husband is being sued for a debt owed to Conn's. We have no money as he is the only one currently working.

What do we do?

Nels Hansen
Nels Hansen
answered on Nov 21, 2017

Conns has a lien on any of the items you purchased in their store if you financed them with the instore credit. This means they can ask for the washer and dryer or the TV back. You should file an answer to the lawsuit. If you do not file an answer Conns could get a default judgment against your... View More

2 Answers | Asked in Bankruptcy for Texas on
Q: how much credit card debt can you have before you can apply for bankruptcy.
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Nov 14, 2017

The question is not so much as the debt, but the equity in your property and your income which determines your means test. That is more relevant than the debt you have.

View More Answers

1 Answer | Asked in Bankruptcy for Texas on
Q: can i file bankruptcy without putting my cars or house just credit cards on it?
Mr. J. Thomas Black
Mr. J. Thomas Black
answered on Nov 14, 2017

You must list all of your creditors in your bankruptcy. If you want to keep your cars and house, you can continue to pay them and if you wish, enter into a reaffirmation agreement with them (if chapter 7 bankruptcy). Then it is as though you did not file bankruptcy on them; your personal liability... View More

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.