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Texas Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Texas on
Q: Ch. 7 reaffirmation agreement. I am past the 60 day deadline from 341 meeting. I exempted a title loan that held my

Vehicle as collateral. I am going to end up owing more than what the car is worth. Should I contact lender to negotiate a deal where they get their $ back and I keep the vehicle. If they take car back they would lose $ and I need a vehicle. Will the court even grant me more time for the... View More

Timothy Denison
Timothy Denison
answered on Jan 4, 2024

Why not surrender it if you have not reaffirmed and just walk away?

2 Answers | Asked in Bankruptcy for Texas on
Q: I recently filed to reopen my Ch 7 Bankruptcy after I failed to take the 2nd Financial Management Course.

I completed class and my case has been reopened. What is next step? Do I need to file a motion to have case discharged? To my knowledge this is the only reason my case was not discharged.

Also, what is the process for reaffirming exempt debts such as an auto loan? I filed pro se. Thank You.

James L. Arrasmith
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answered on Jan 4, 2024

After completing the second Financial Management Course and reopening your Chapter 7 Bankruptcy case, the next step usually involves notifying the court that you have fulfilled this requirement. This is typically done by filing the certificate of completion for the course with the court.... View More

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3 Answers | Asked in Bankruptcy, Consumer Law and Real Estate Law for Texas on
Q: New build home being foreclosed on by bank due to builder bankruptcy. What happens to my contract and builder deposit?

I am under contract for a yet to be completed new construction home. The builder went into receivership due to financial problems and it appears the bank will be foreclosing on the property I have been waiting on for almost two years. The builder has a very large builder deposit I provided at... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 3, 2024

Bankruptcy relief is exclusively a federal right and procedure, with its own courts.

However, most states have a "receivership" insolvency proceeding that is valid (and utilized sometimes in foreclosure proceedings, or regarding insurance companies that are not eligible for...
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2 Answers | Asked in Bankruptcy and Real Estate Law for Texas on
Q: Can a credit card company listed on my Chapter 7 file a lien on my property

After filing paperwork for the sale of my primary residence, Midland, TX 79701, a Texas Abstract and Title company informed me there was a lien on my home in the amount of $8,806.52 by Attorney Mr. Moss representing Capital One Credit Card company, and this amount will be withheld from my... View More

John Michael Frick
John Michael Frick
answered on Dec 15, 2023

If you have declared that your primary residence is also your homestead, any judgment lien does not attach to it. Your title company should be aware that a judgment lien does not attach to a homestead. Moreover, if your Chapter 7 bankruptcy discharged the judgment in favor of Capital One, you can... View More

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1 Answer | Asked in Bankruptcy and Employment Law for Texas on
Q: I am a priority claimant and former employee in a chapter 11 case in South Texas. What support is available to me?

My Claim ($560K) has been disputed stating the claim exceeds the statutory limit for priority claims under code 507 (a) (4) and to be moved to "disputed".

Cristina M. Lipan
Cristina M. Lipan
answered on Dec 14, 2023

There is a statutory limit per employee of about $13,500 or so for priority (exact amount depends when the bankruptcy case was filed). The remaining amount of the claim would be reclassified as a general unsecured claim (unless there is another basis for objection). You may want to reach out to... View More

2 Answers | Asked in Bankruptcy for Texas on
Q: chapter 7 discharge 2018. Recently divorced and hit hard financially. When can I file again?

My chapter 7 was discharged 2018. Now I recently got divorced and all the bills were in my name and now I am in a bad financial situation and need to file again. If it's too soon to file, will they look at certain situations to file early.

James L. Arrasmith
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answered on Dec 4, 2023

If your Chapter 7 bankruptcy was discharged in 2018, you must wait 8 years from the date of filing the previous Chapter 7 case before you can file for Chapter 7 bankruptcy again. This means you would be eligible to file again in 2026.

In the meantime, there are other options you might...
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3 Answers | Asked in Bankruptcy for Texas on
Q: Need to file bankruptcy but cant afford the lawyer i am a disabled vet
Martha Warriner Jarrett
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answered on Nov 23, 2023

There is a form to request the Bankruptcy Court to waive the filing fee. Check your local Bankruptcy Court website (www.uscourts.gov). They usually provide information on free legal services. You can also check upsolve.org. If it's available in your area, its services are free to those who... View More

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1 Answer | Asked in Bankruptcy for Texas on
Q: Cuanto cuesta declárame en banca rota
James L. Arrasmith
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answered on Nov 8, 2023

El costo de declararse en quiebra varía según el tipo de quiebra que se presente y su ubicación. Generalmente, existen honorarios de presentación judicial, que son costos fijos que se pueden encontrar en el sitio web de los tribunales de EE. UU., y honorarios de abogados, que pueden variar... View More

1 Answer | Asked in Bankruptcy for Texas on
Q: Banca rota como declaró banca rota hay ayuda legal gratis
James L. Arrasmith
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answered on Nov 8, 2023

Para declararse en quiebra, generalmente debe presentar una petición y otros documentos requeridos ante un tribunal de quiebras de su área. En Killeen, TX, deberá presentar la solicitud en el Distrito Oeste de Texas.

Si está buscando ayuda legal gratuita, podría considerar comunicarse...
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3 Answers | Asked in Business Law, Contracts, Bankruptcy and Consumer Law for Texas on
Q: Is the new Scribe Media liable for previous contracts?

Scribe Media LLC just filed for bankruptcy. Their assets were previously sold to a second business named Enduring Ventures, which has since been operating under the Scribe Media name. As a client that has not received services paid for under contract with Scribe Media LLC, is this "new"... View More

James L. Arrasmith
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answered on Nov 5, 2023

The responsibility of the new entity (Enduring Ventures operating as Scribe Media) to honor contracts from Scribe Media LLC depends on the specifics of the bankruptcy case and the asset purchase agreement. If Enduring Ventures purchased the assets of Scribe Media LLC free and clear of its... View More

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1 Answer | Asked in Bankruptcy and Traffic Tickets for Texas on
Q: How to use Bankruptcy filing to re instate my Drivers License and driving privileges?

I spent many years traveling and lived in Canada which didn’t require me to renew my Texas drivers license,Now that I am back in Texas full time I went to get my license and DPS told me that I am ineligible due to a citation and failure to appear received in 2015 in Brazoria county. 2015 I was... View More

James L. Arrasmith
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answered on Nov 5, 2023

Filing for Chapter 13 bankruptcy can potentially help reinstate your driver's license if the underlying reason for the suspension is the inability to pay fines associated with the citation and failure to appear.

When you file for Chapter 13, you propose a repayment plan for your...
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1 Answer | Asked in Bankruptcy, Copyright, Criminal Law and Employment Law for Texas on
Q: Please give me a clear answer of what exactly I'm asking because my attorney w as ineffective assistance of counsel todd

Tax records never received please review detailed information from modified archive records switches

Timothy Denison
Timothy Denison
answered on Oct 4, 2023

What is your question?

2 Answers | Asked in Bankruptcy, Civil Litigation and Collections for Texas on
Q: Do you happen to know of any pro bono lawyers in my area ? I’m in Sulphur Springs Texas.
John Michael Frick
John Michael Frick
answered on Sep 14, 2023

For family law and domestic violence: https://www.justia.com/lawyers/family-law/texas/sulphur-springs/legal-aid-and-pro-bono-services

For various other legal matters: https://www.lonestarlegal.org/

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1 Answer | Asked in Bankruptcy and Civil Litigation for Texas on
Q: What is a non exempt item? Can they take car that doesn’t have a lien on it?
Timothy Denison
Timothy Denison
answered on Sep 14, 2023

Yes. That could be a non-exempt item.

2 Answers | Asked in Bankruptcy and Collections for Texas on
Q: I live in Texas and being sued by creditor in small claims. I cannot pay this I have medical condition and apply disabil

I have filed disability. I have other things to pay food and housing and cannot pay the creditor. I do not have money to file bankruptcy either

James L. Arrasmith
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answered on Sep 14, 2023

Given your medical condition and financial constraints, it may be advisable to consult with a legal aid organization or seek pro bono legal assistance to explore possible options for managing or negotiating the debt with the creditor. Additionally, you can consider exploring debt relief programs or... View More

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2 Answers | Asked in Bankruptcy for Texas on
Q: What does an attorney need to have to force a company or person into involuntary bankruptcy Chapter 7 in Texas?
James L. Arrasmith
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answered on Sep 11, 2023

To initiate an involuntary Chapter 7 bankruptcy case in Texas, or elsewhere in the U.S. as bankruptcy law is federal, an attorney would generally need to have one or more creditors who hold undisputed and non-contingent claims against the debtor. These creditors would petition the court to force... View More

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2 Answers | Asked in Bankruptcy for Texas on
Q: I need to modify my Chapter 13 plan. It involves a mortgage, do I need a lawyer to amend it?

I was told by the Trustee's office that I would need my attorney to modify the plan for early payoff. My husband and I recently retired due to his health issues; we either need a Hardship Discharge or a modification/amendment to payoff what is due to continue with our mortgage payments alone.... View More

James L. Arrasmith
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answered on Sep 8, 2023

You are not strictly required to have a lawyer to amend your Chapter 13 plan; you have the right to represent yourself in bankruptcy court. However, given the complexities involved in modifying a Chapter 13 plan, especially one involving a mortgage, having a lawyer could be beneficial to ensure... View More

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3 Answers | Asked in Bankruptcy and Consumer Law for Texas on
Q: Ordered products online. Never got the products. Found company Chapter 13 on 11/21. Website took my money. What to do?

Ordered from Jeff's Jams & Jellies on 6/28/2023. Jeff's Jams & Jellies OnlineOrder 00003518. Jeffrey Harry Gomes

Case Summary

On 11/30/2021 Jeffrey Harry Gomes was filed as a Bankruptcy - Chapter 13 lawsuit. This case was filed in U.S. Bankruptcy Courts, Hawaii... View More

John Michael Frick
John Michael Frick
answered on Aug 15, 2023

Maui has recently faced some serious challenges involving weather and wildfires. The most recent devastating wildfires have made international news. This may not be a matter of deliberate fraud. It may be that shipping and other resources are tapped out addressing these catastrophic challenges,... View More

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1 Answer | Asked in Bankruptcy for Texas on
Q: Can I apply for a payday loan if I have not had my final confirmation in chapter 13 bankruptcy?

I have had an emergency pop up and don't have the cash to cover it before my next payday.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jul 12, 2023

Of course, you can ask/apply.

However, legitimate lenders, perhaps even payday lenders, want to see a General Order of Discharge in any pending bankruptcy case before funding a loan.

Just personally, imho, there is no safer borrower out there than one who recently got a bankruptcy...
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2 Answers | Asked in Bankruptcy for Texas on
Q: How do I find my case?

I filed bankruptcy earlier this year. Can you help me find the case and all the information tied to it?

John Michael Frick
John Michael Frick
answered on Jul 6, 2023

This is really a question to ask your bankruptcy lawyer. He will know the case number and where it was filed.

If you did it yourself without a lawyer, you would know the case number and where it was filed. Electronic records for your case should be available on PACER through the...
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