answered on May 19, 2023
A reliable answer to your question can only be given after a full review of your respective financial circumstances.
That said, domestic relations SUPPORT obligations (spouse or children) are generally not modifiable by a bankruptcy court. However, payments in the nature of property... Read more »
answered on May 19, 2023
Generally, as long as you timely pay any debt secured by your home, you should be able to keep your home.
Generally, any valid lien on your home will remain until the debt secured by the home is paid.
If you fail to pay a valid debt secured by your home, the lender can ask the... Read more »
process over again. IE resend the notice of default certified and then the notice to accelerate and sale date?
answered on May 8, 2023
Typically yes with respect to the notice of sale.
Trustee’s and foreclosure sales happen on the first Tuesday of each month. Certain notices ordinarily required are specific to a particular sale date. Others are not.
Typically, a notice of default and a notice of acceleration... Read more »
Or can they legally serve you by mail? What happens if you don't get the papers?
answered on Apr 21, 2023
The original Notice of the filing of a bankruptcy case is sent out by the Bankruptcy Court Clerk, not the debtor or his lawyer, but using the addresses provided by the debtor's original filings of names and addresses of creditors and other interested parties. Unreturned mail is sent back to... Read more »
I have recently been asked by our CFO and CEO to represent the company at our final hearing for Chapter 11 Bankruptcy. In this hearing we will present our bankruptcy plan to the Judge for his final approval.
Our CFO is on vacation in Europe and will not be able to attend. I was asked to... Read more »
answered on Apr 12, 2023
You are wise to seek legal advice prior to your impending testimony.
It is also wise to have counsel appear with you at any hearing in court, although it seems from your brief report of facts that it will be counsel for the debtor corporation who will appear with you, so his loyalty is to... Read more »
This judge has "stayed" my case against 4 Defendants, because one filed for bankruptcy. Basically all 4 defendants are benefiting from bankruptcy, when only one filed for it.
answered on Mar 16, 2023
The fact that a judge has stayed your case due to a bankruptcy filing is not grounds for disqualification or recusal.
If you believe the stay is improper, you can file a petition for writ of mandamus with the court of appeals.
You can also file a motion to lift the stay in the... Read more »
I just got a paper in the mail as an advertisement from a legal firm saying they found a court filing for a lawsuit under my name. They were fishing around to represent me. I set out to do some digging and it turns out a debt collector(Jefferson Capital) bought the debt from my original creditor.... Read more »
answered on Mar 3, 2023
The statute of limitations is an affirmative defense that must be raised in the lawsuit or it is waived.
You should retain a competent attorney who defends consumer debts to represent you in the lawsuit and to specifically plead the statute of limitations.
I just got a paper in the mail as an advertisement from a legal firm saying they found a court filing for a lawsuit under my name. They were fishing around to represent me. I set out to do some digging and it turns out a debt collector(Jefferson Capital) bought the debt from my original creditor.... Read more »
answered on Mar 3, 2023
Anybody with a couple hundred bucks, or whatever the court filing fee is, can sue anybody else. The key question is whether they can get a judgment, i.e., win.
If you can show a court that your first default occurred more than four years ago, and was not subsequently cured by catching up... Read more »
we met with two attorneys and one recommended chapter 7 and the other recommended chapter 13 so we now are confused as to which is the best route since the opinions we not the same.
answered on Feb 21, 2023
Sometimes it is best to file Chapter 7 and discharge as many taxes and penalties as possible. Then file Chapter 13 and make payments for 60 months on the remaining tax debts, discharging all taxes. (Chapter"20") But if it is too much, then you cannot get a Plan confirmed. Then you are... Read more »
we met with two attorneys and one recommended chapter 7 and the other recommended chapter 13 so we now are confused as to which is the best route since the opinions we not the same.
answered on Feb 21, 2023
Your question is hard to answer in a vacuum. Both have advantages.. if taxes are over three years old and all returns have been filed and no extensions done such as offer in compromise, then 7 good.
If tax are Leins, and under three years old or you tried other methods, then paying the... Read more »
S properties had liens section 5.085 of the Property would that help me ge
the highest bidder, which is J. Favela. J. Favela filed bankruptcy on behalf of
Empire Prime Capital Investing, Inc. ("Empire"), just four days after this Honorable Court told
Favela that he... Read more »
answered on Jan 15, 2023
It sounds like this is a matter that has been litigated and is on appeal. So I would recommend a civil appellate lawyer.
It might help if the appellate lawyer has some experience or general knowledge of bankruptcy law as well.
You should anticipate such a lawyer will charge... Read more »
I’ve lived in Texas for two years and own my home outright. Value is about 270k. I’m married. I believe the federal cap is around 180k. Can that be doubled in a joint bankruptcy.
answered on Jan 5, 2023
The current federal homestead exemption is approx. $25,000. Yes, it can be doubled with a joint filing.
Sam Houston was a notorious debtor, and he and his friends set up a debtor-friendly place. The TX state exemptions for homestead are far more generous (I used to practice in Oklahoma... Read more »
Ex husband declaring bankruptcy, I have a default judgement and certificate of enforcement but have been unable to collect. I have an attorney, but each thing costs me money. In the divorce decree it states the ex must pay for my attorney fees, but since I have a default judgement, does that negate... Read more »
answered on Dec 17, 2022
No. He still owes you the money. Domestic support obligations are non-dischargeable. You can recoup your attorney fees up through the date of the order but you can always go back in and ask for more attorney fees bc if the bankruptcy.
Looking to get access to assets that are being sold as part of Chapter 7/11/13 proceedings in Austin TX
answered on Dec 14, 2022
While, as the first answer instructs, contacting the bankruptcy trustee is a good idea (trustees looking to sell estate assets always want to maximize sale prices, and that comes from drawing in more prospective purchasers), your question seems to suggest that there are multiple cases/trustees in... Read more »
My husband passed away recently from cancer. Because of the expenses, we are in dire straights financially and I will probably have to file for bankruptcy while I try to determine what to do. I need to keep my house long enough to be able to sell it and get the equity+ out of it. The house is... Read more »
answered on Nov 13, 2022
I’d you file bankruptcy, you’ll need to get permission from the trustee and the court to sell your house and they may take all your equity to pay your creditors. If you haven’t filed yet, consult a competent bankruptcy lawyer to help you navigate the pitfalls.
My husband passed away recently from cancer. Because of the expenses, we are in dire straights financially and I will probably have to file for bankruptcy while I try to determine what to do. I need to keep my house long enough to be able to sell it and get the equity+ out of it. The house is... Read more »
answered on Nov 9, 2022
Any equity you have in that house (above your exemption) would belong to the bankruptcy estate if you file bankruptcy. Meaning, the Trustee might sell it to take that money to pay your creditors. You may have enough of an exemption to protect that equity, but what is available to you will depend.... Read more »
My husband who was the only one bringing home a paycheck died 9/21/2022. I'm trying to sell my house, car and jewelry so that my son and I aren't without anywhere to live. I'm behind on the house payments because I simply cannot afford the $1700 a month payment. They will foreclose... Read more »
answered on Nov 7, 2022
You may be eligible for bankruptcy depending on your assets and equity in your house. You should consult a competent bankruptcy attorney who can assess your entire financial situation. There are lawyers who may do this pro Bono or at a reduced fee. Contact your local bar association or legal aid... Read more »
I am looking for information about my later fathers bankruptcy.
answered on Jul 17, 2022
Yes, bankruptcy court records are accessible. Go to pacer.com, and enroll (with user and password). Then go to bankruptcydata.com, click on "free resources", and you'll get a list of the courts in every US federal district. Look for the "docket sheet" in your... Read more »
Our income is $4300 per month. Our expenses..credit cards, rent etc, car and life insurance is over $5k. Then everyday expensle, like food, gas, utilities. Would bankruptcy help me?
To.
answered on Jun 12, 2022
If you have filed tax returns in prior years, for those unpaid income taxes, then yes, a bankruptcy can help you. Unpaid income taxes, for returns filed more than two years and four months prior to the date of bankruptcy, are dischargeable, along with the interest and penalties accruing.... Read more »
we have defaulted on all our credit cards with some being charged off; a car loan as well and have the gloom of being sued and trying to get on a payment plan with student loans likely coming down the pike soon, We are considering bankruptcy to get some income back and hopefully rebuild credit... Read more »
answered on May 28, 2023
Possibly. You should consult an experienced bankruptcy attorney to review your entire financial situation and help you make the right decision.
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