Contact your attorney. There are limited circumstances that allow a lien to be placed on a person’s homestead in Texas. The type of lien will determine how to deal with the lien. A judgment lien will create a cloud on the title but does not attach to the homestead. If you do not have an... View More

First, your attorney should be able to answer this question for you as they know the specific circumstances/details involving your case.

In general, a person who never receives a discharge in a Chapter 13 and converts to a Chapter 7 needs to get a discharge of the 7 and then wait 8 years... View More

Please accept my condolences for the loss of your husband. I suggest you consult in person with an experienced bankruptcy attorney in your area as there are many factors that may change how one or other is done, i.e. assets you may inherit, etc. Don't take chances to try and save money and... View More

Speak with your divorce attorney about this. Generally, in my divorce cases, we draft a General Warranty Deed or Special Warranty Deed when transferring property from one spouse to another. There are times when a decree may contain language that it shall act as a transfer of property as well;... View More

If the property was awarded to your husband in the divorce decree then the decree should have been filed in the County Deed Records maintained by the County CLerk. This is not done automatically. You or someone would have needed to or still can file a certified copy of the divorce decree.

I'm really not clear on what your question is here as I have no idea what suits you are referring to that need to or may be delayed a year. Please rephrase your question so that it is clear what information you are seeking.

You should meet with a bankruptcy attorney and go over the specific case details. The attorney can look at the documents filed and advise you from there. There are times when a case may be re-opened and a "forgotten" creditor added in an amended filing; however, it depends on many factors.

Yes there are different rules and a lot depends on what type of bankruptcy you filed the first time and whether or not you obtained a discharge. There may be no "automatic stay" protection in some cases, meaning if someone were delinquent in their mortgage, the mortgage company could... View More

This often works. I think she did the right thing if she has regular income and afford the plan payments. If not she could only be using the file to obtain cheap rent and delay the inevitable, which could have real economic value in the short run, but not address her long term need for affordable... View More

You want it off your property and out of your name. The common problem is the lender will not release the lien so you can sell or scrap the car but won’t repossess it. If the lender is local, you could take it to them. If you had continued to make the payments and paid off the car the lender... View More

Yes. If you have an eviction or two or three in your rental history finding a place will be more difficult. You may be able to change the landlord’s mind if you put down a larger deposit or first and last months rent. Good Luck finding a new place. You can search for an attorney using the... View More

When a person files bankruptcy the automatic stay prohibits a creditor from taking any action to collect. So do NOT call, write, text or contact the debtor. This does not mean you are not entitled to be paid. Contact a local attorney who represents creditors. The debtor should continue to make... View More

It means the Debtor has received their discharge. Creditors cannot collect discharged debts. The order means that no one may make any attempt to collect a discharged debt from the debtors personally. For example, creditors cannot sue, garnish wages, assert a deficiency, or otherwise try to... View More

First - we need to know what type of bankruptcy, i.e. Chapter 7 or 13. Also need to know if this is a lease or something different. I would suggest speaking with your bankruptcy attorney as well as there may be other issues and a person more informed and familiar with your personal circumstances... View More

Unless your sister is able to exempt these funds in her bankruptcy they may very well be at risk. I strongly suggest she and you speak with the attorney regarding this.

I see nothing in section 362(b) pertaining to something called "Tricon". Can you be more specific as to the portion of section 362 to which the attorney was referring?

No, you would not have to give up the car. You would reaffirm the joint installment loan debt, and claim your equity in the car as exempt (if such an exemption applies in your state).

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answered on Oct 2, 2015

Yes, you can rent out your house, during the bankruptcy because you own it. Good luck.

There are a couple of options for keeping a car with an outstanding lien in Chapter 7 bankruptcy. One is to reaffirm the debt (basically, agree that the debt won't be affected by the bankruptcy and that you'll keep making payments as scheduled). Another is to "redeem" the car by... View More

The determination as to whether you can file for Chapter 7 bankruptcy does not take the status of your debts into account. It begins by comparing your income to the median income in your state for a household of the same size. Most people who are below the median qualify for Chapter 7 bankruptcy.... View More