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Texas Bankruptcy Questions & Answers
3 Answers | Asked in Bankruptcy for Texas on
Q: I wanted to know if i can file ch 7 a 4th time in TX?

Medical and credit card debt.

David Earl Phillips
David Earl Phillips
answered on Nov 11, 2017

The question is can you get a discharge? Under the current bankruptcy law, you are able to receive a discharge (Get rid of your debt) only once every 8 years under a chapter 7 filing. You count the 8 years from filing date to filing date. See a bankruptcy lawyer near you and let them review your... View More

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1 Answer | Asked in Bankruptcy for Texas on
Q: What are way to improve your credit after filing a chapture 7 bankruptcy? What are some do's and dont's after filing?
Mr. J. Thomas Black
Mr. J. Thomas Black
answered on Nov 8, 2017

After a bankruptcy discharge, review your free credit reports from annualcreditreport.com and dispute any that are not reporting correctly. If they were discharged they should show "discharged in bankruptcy" and show a zero balance due. Review your credit reports at least annually for... View More

1 Answer | Asked in Bankruptcy and Traffic Tickets for Texas on
Q: I have a charge against me w/ Dept of Public Safety. I was in a minor accident w/o ins. for $40,000. Can it Discharge?

I just received a suspension of drivers license notice from DPS. I can't believe I was in a minor accident during the one week my insurance had lapsed. Unbelievable. Now I need help to get my license back. I don't see any other way to get out from under this. Please advise.

I... View More

Mr. J. Thomas Black
Mr. J. Thomas Black
answered on Nov 7, 2017

Yes, so long as you were not DWI at the time of the accident, the damages from the auto accident should be dischargeable in bankruptcy. In that case, you would be eligible to apply to have your drivers license reinstated, but you must maintain liability insurance in the future.

2 Answers | Asked in Bankruptcy for Texas on
Q: Under chapter 7 Bankruptcy can I keep my homeand car also will IRS INCOME TAX DEBT be discharged state is TX

I am looking to file chapter 7 Bankruptcy looking to keep my house its financed with Wells Fargo

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Oct 25, 2017

In a Chapter 7, your IRS debt will probably NOT be discharged except in very rare circumstances. Seek counsel in your jurisdiction.

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1 Answer | Asked in Bankruptcy for Texas on
Q: After I file for bankruptcy, will I still be able to use my credit cards?
Harriet Langston
Harriet Langston
answered on Oct 4, 2017

The short answer is: almost certainly not. When you file for bankruptcy, you are asking for legal relief from payment of your debts, including unsecured debts like your credit cards.

The credit card company will find out about your bankruptcy filing within hours, and will probably...
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1 Answer | Asked in Bankruptcy for Texas on
Q: Can I buy a car while in chapter 7 bankruptcy. I've already had my 341 meeting and have been told it is ok.

The car dealer said it was approved by their bankruptcy department since I have had my creditors meeting already, they said it wouldn't be an issue with the court if I bought it.

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Sep 16, 2017

Based on your statements, I would say yes, but please check with your counsel, because if there are exempt funds or non exempt being used, the trustee might have to be contacted.

2 Answers | Asked in Bankruptcy for Texas on
Q: I have some assets left but need to file for bankruptcy. Can I gift them to my kids to "hide" them so they aren't taken?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Sep 15, 2017

No, you should not. Speak with a bankruptcy attorney and see how to best use the exemptions allowed in your state or under the federal scheme

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1 Answer | Asked in Bankruptcy for Texas on
Q: I cosigned on my moms car and she filed bankruptcy. What does that mean for the car
Mr. J. Thomas Black
Mr. J. Thomas Black
answered on Aug 23, 2017

Without more information it is difficult to say. Is she going to keep the car, pay for it and reaffirm the debt? If so you will be "off the hook" so to speak. But if she is going to surrender the car and discharge the debt, you will still be liable for any "deficiency" or... View More

1 Answer | Asked in Bankruptcy for Texas on
Q: What will i have to pay after getting my car repossed and filling bankruptcy
Nels Hansen
Nels Hansen
answered on Aug 8, 2017

If you filed chapter 13, you may be able to recover your car without paying anything. You will need a valid driver’s license and proof of insurance. Contact your attorney and if you do not have one contact a local attorney and schedule a consultation. You can search for an attorney using the... View More

1 Answer | Asked in Bankruptcy, Business Formation and Foreclosure for Texas on
Q: Should my mortgage company foreclose my house if I filed for bankruptcy and informed them about it with my case #?

In Texas, if I filed for bankruptcy, informed my mortgage company about it with my case # and got jailed for a different reason before the bankruptcy got concluded, should it be in effect or should my mortgage company foreclose my house? Do I have any legal option if the mortgage company foreclosed... View More

Nels Hansen
Nels Hansen
answered on Aug 4, 2017

If this was your first case the mortgage company should not have foreclosed while the automatic stay was in place. The automatic stay is in force from the time the case is filed until it is lifted or your case is dismissed. Getting locked up does not terminate the stay. Having your case... View More

1 Answer | Asked in Bankruptcy and Civil Rights for Texas on
Q: Can a bankruptcy trustee seek turnover of 3 $700k income producing real property to pay less than $20k in claims on file
Nels Hansen
Nels Hansen
answered on Aug 3, 2017

It sounds like you filed a chapter 7 bankruptcy without the benefit of an attorney. You need to contact your attorney and if you do not have one now is the time to hire one. In chapter 7 bankruptcy property that cannot be claimed as exempt is an asset of the bankruptcy estate and the Trustee will... View More

1 Answer | Asked in Bankruptcy for Texas on
Q: If I file for bankruptcy and got confined in jail before the bankruptcy got concluded, should it be in effect?

If I file for bankruptcy, informed my creditor about it and got confined in jail before the bankruptcy got concluded, should it be in effect? Do I have any legal option if the creditor took any action against me for my debt?

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Jul 27, 2017

If you filed for the bankruptcy and then got arrested and was placed in jail for a pre-petition debt, and you advised them that you had filed for bankruptcy and it was true, and they still incarcerated you, you should advise the Court and your lawyer and file a Motion for Sanctions

1 Answer | Asked in Bankruptcy and Probate for Texas on
Q: If a person filed bankruptcy then died can the family have a estate sale and sell personal items from the house ?
Tammy L. Wincott
Tammy L. Wincott
answered on Jul 24, 2017

I would begin with asking their bankruptcy attorney. All non-exempt assets become property of the Bankruptcy Court depending on the type of filing. You need to consult with a probate attorney as well who can explain procedures for disposing of property.

1 Answer | Asked in Bankruptcy for Texas on
Q: How do I find information an old bankruptcy case?

Looking for info on LUCKY FIVE CORPORATION that went bankrupt ...They developed Tall Timbers Subdivision.... Burkeville Texas.

Tammy L. Wincott
Tammy L. Wincott
answered on Jul 24, 2017

You should be able to access information through the "PACER" system or otherwise do a search on the internet.

1 Answer | Asked in Bankruptcy and Divorce for Texas on
Q: I am divorced. In the decree it says my ex was awarded a Ford truck. I'm the owner and he is the cosigner. What happens
Tammy L. Wincott
Tammy L. Wincott
answered on Jul 11, 2017

Your question is not clear. Please re-word it so we understand what you are asking.

1 Answer | Asked in Bankruptcy for Texas on
Q: I am thinking of filing for chapter 13 but I am behind on my mortgage and owe family some money, I want to cash out

My 401k which would be about 10,000. If I don't have any money left and file for bankruptcy shortly after, will it affect me?

Tammy L. Wincott
Tammy L. Wincott
answered on Jul 24, 2017

Visit with a consumer bankruptcy attorney in your area.

1 Answer | Asked in Bankruptcy for Texas on
Q: My petition to file bankruptcy was rejected. Can I appeal it?
Nels Hansen
Nels Hansen
answered on Jun 21, 2017

It is unclear from your question what happened. Contact a local bankruptcy attorney and schedule a consultation. They will be able to explain what is going on. You can search for an attorney using the Justia "Find a Lawyer" link at the top of this page.

2 Answers | Asked in Bankruptcy for Texas on
Q: How many years after bankruptcy (which was filed in the 1990s and approved by the court) does it it affect your credit?

I am still being denied credit due to bankruptcy and don't understand why when

my credit ratings with are high in some instances.

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on May 31, 2017

Same should only be on your credit 7-10 years from Discharge date

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1 Answer | Asked in Bankruptcy for Texas on
Q: I want to file Chapter 7. My income is from Soc. Sec. disability $1065.00 monthly. I have $25,000.00 credit card debt.

I have been trying to pay off one by taking advantage of another offer and so on. I had a good on time payment history for the past 7 years.

But I no longer can depend on spouse's income and couldn't keep up. All credit card debt is in my name. Do you offer pro bono?

Thank you

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on May 15, 2017

Looks like you are in Texas. There maybe some pro bono groups down there. Up here in New Jersey the different counties set up them up.

2 Answers | Asked in Bankruptcy for Texas on
Q: Need to pay off one account early that is currently being paid through the trustee.

Can pay the account early by paying outside of my ch 13 plan?

Ray Choudhry
Ray Choudhry
answered on May 13, 2017

If you have a valid reason, the trustee might approve.

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