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Texas Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Texas on
Q: I was refused by Legal aid for help with bankruptcy and can't afford an attorney on my income? What should I do?
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

Look around for a special. Alternatively, most attorneys provide payments plans, but the case is not filed until you are paid in full.

2 Answers | Asked in Bankruptcy for Texas on
Q: I won a wrongful termination suit against a texas company. i never recieved any payment and was told they filed bankrupt
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

You can confirm if they filed Bky by Signing up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents... View More

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1 Answer | Asked in Bankruptcy for Texas on
Q: Can I file for bankruptcy in texas even though I only recently relocated to tx from nc?
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

Generally, you are required to live in a District for a minimum of 180 Days to file there. There are additional time periods which apply for the use of exemptions, so although you maybe able to file in TX, you maybe forced to apply NC laws. You should consult with an attorney, such a question can... View More

1 Answer | Asked in Bankruptcy for Texas on
Q: After my divorce i lost my house, car and was left with so much debt would it be a good idea to file bankruptcy?
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

Debt is not the only thing to look at when considering Bky. Income must be examined to confirm you pass the Means Test (income is compared to those in your community). You must also examine transfers/sales (court could reverse transfers or sales for less than market value) and exemptions (you... View More

1 Answer | Asked in Bankruptcy for Texas on
Q: When bankruptcy closed then adverary appeal dismissed as moot is the dismissal with prejudice or without prejudice

When bankruptcy closed then adverary appeal dismissed as moot is the dismissal with prejudice or without prejudice

Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

It would say in the Order if it was With Prejudice. It the Order lacks such terminology, barring the refiling for a specific period then it appears to be Without Prejudice.

1 Answer | Asked in Bankruptcy for Texas on
Q: If your bankruptcy gets dropped can u refile
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

Most often when a Bky is Dismissed, it is done with Prejudice, which means you are barred from refiling for a period of 180 days.

2 Answers | Asked in Bankruptcy for Texas on
Q: A relative filed bankruptcy and is out of it now her home is not paid off can she legally sell me the home?

Only $30k owed but she has not made any payments on this home can I take over payments?

Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

As long as the home is still in her name, yes. However, I would strongly suggest you have an attorney and get title insurance, as there maybe other issues.

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2 Answers | Asked in Bankruptcy for Texas on
Q: A relative filed bankruptcy and is out of it now her home is not paid off can she legally sell me the home?

Only $30k owed but she has not made any payments on this home can I take over payments?

Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

As long as the home is still in her name, yes. However, I would strongly suggest you have an attorney and get title insurance, as there maybe other issues.

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1 Answer | Asked in Bankruptcy for Texas on
Q: Recently widowed and cannot repay home equity loan husband and I took out, can I file bankruptcy and keep my home?
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

Debt is not the only thing to look at when considering Bky. Income must be examined to confirm you pass the Means Test (income is compared to those in your community). You must also examine transfers/sales (court could reverse transfers or sales for less than market value) and exemptions (you... View More

1 Answer | Asked in Bankruptcy for Texas on
Q: When you have grown child on deed of home..if you file bankruptcy, does that child lose right to home?
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

Generally, if it was done for merely "Estate Planning Purposes", this is usually not an issue. However, if you have an overly zealous Trustee, he/she may claim, based upon how long ago the transfer was made and a lack of consideration, that it was a "Fraudulent Conveyance with the... View More

1 Answer | Asked in Bankruptcy for Texas on
Q: After filing chapter 13 we have a balance on hand. what is a balance on hand mean?
Mr. J. Thomas Black
Mr. J. Thomas Black
answered on May 11, 2013

I'm not 100% what you are referring to, but if you are referring to your chapter 13 trustee having a balance on hand, that is not unusual.

Your chapter 13 trustee cannot make distributions to your creditors, unless and until the Bankruptcy Court approves the plan, or the Trustee is...
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1 Answer | Asked in Bankruptcy for Texas on
Q: How much does it cost to file for chapter 7 bankruptcy?
Mr. J. Thomas Black
Mr. J. Thomas Black
answered on Mar 21, 2013

There is a $306 filing fee currently charged by the U.S. District Clerk to file a Chapter 7 case. If you are very low income and have no assets, it's possible to ask the court to waive that amount or let you pay it in installments.

There may also be a small fee for the required credit...
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1 Answer | Asked in Bankruptcy for Texas on
Q: Can i still receive a discharge if the court denies my mortg reaffirmation?
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

Yes. However you will no longer be legally obligated to pay your mortgage. If you chose not to pay, they will foreclose on the property, In Rem (against the property) and be prohibited from seeking a judgment In Personan (against you personally). A foreclosure would still include your name, to... View More

1 Answer | Asked in Bankruptcy for Texas on
Q: DO i need a bankrupcty lawyer
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

If you are a natural person, verses a fictitious (i.e. corp, llc, etc.), you are permitted to represent yourself in court. However, Bky is a VERY COMPLICATED area of law, involving a combination of State Laws and Federal Procedures.

1 Answer | Asked in Bankruptcy for Texas on
Q: How do I find out if a contractor filed for banktrupcy?
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents filed.

www.dont-sweat-the-debt.com

1 Answer | Asked in Bankruptcy for Texas on
Q: What is the estimated cost for filing bankruptcy in Beaumont, TX?
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

Attorney's fees range nationally from $500 to $3,500+, depending on the Chapter and level of difficulty. There are two required classes, one pre and one post-filing, which range from $22 total to $50 per class. The court charges $306 for a Chapter 7 and $281 for a Chapter 13.

2 Answers | Asked in Bankruptcy for Texas on
Q: Can I file my own bankruptcy?
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

If you are a natural person, verses a fictitious (i.e. corp, llc, etc.), you are permitted to represent yourself in court. However, Bky is a VERY COMPLICATED area of law, involving a combination of State Laws and Federal Procedures.

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1 Answer | Asked in Bankruptcy for Texas on
Q: How can I found out if a company filed for bankruptcy in Austin, TX?
Andrew Bresalier
Andrew Bresalier
answered on Sep 10, 2012

By signing up for PACER. It is a free govt service, as long as you use less than $10 of services per calender month. Then login for the bky court in that jurisdiction and do a search.

1 Answer | Asked in Bankruptcy for Texas on
Q: Mortgage Servicer claims to be Mortgagee of record, but named another party in mortgage foreclosure. Misrepresentation?

Mortgage Servicer submitted a proof of Claim form to the Bankruptcy Court for relief from the automatic stay, claiming to be the mortgagee of record and holding the first security interest in debtors real property.

Once granted, it then proceeded to foreclosure in behalf of another party,... View More

Andrew Bresalier
Andrew Bresalier
answered on Sep 10, 2012

I doubt it is fraud. Frequently mortgages are bundled and then sold as securities. Your "Mortgage Servicer" is just that, mearly a service provider, i.e. agent, of your mortgage company. When and if an actual foreclosure is subsequently filed, the plaintiff would have some weird name... View More

1 Answer | Asked in Bankruptcy for Texas on
Q: Company that owes me $ filed for bankruptcy and i received a letter saying dismissal of chapter 11 w/o 30 day waiver?

What does it mean if I got a letter saying that there will be a hearing to dismiss the Chapter 11 without 30 day waiver? where can I get the money they still owe me? Help please completely lost!

Andrew Bresalier
Andrew Bresalier
answered on Sep 5, 2012

Dismissal is not a Discharge. They still owe you. I would suggest sending them a certified letter, demanding payment within 30 days. If they do not pay sue them. The 30 day part sounds like an error. Usually, there is a 90 day prejudice period, prohibiting refiling; however this will not stop... View More

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