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Texas Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy and Construction Law for Texas on
Q: if a vendor for construction material is suing me, and I filed chapter 13 and I closed my buisness. will it take care of
Timothy Denison
Timothy Denison answered on Jan 23, 2021

Yes, if it was included as a creditor in your 13.

1 Answer | Asked in Bankruptcy for Texas on
Q: I am filing a Chapter 7 Bankruptcy in Texas. Do I have to list my husband's VA Benefits in my income calculation?

The only income my husband and I have is social security income and his VA disability payments. We were married in 2019. Before our marriage, I accumulated much credit card debt. I am now retired, and unable to pay the credit cards. I know that his disability payments are excluded from the... Read more »

Sean T. Flynn
Sean T. Flynn answered on Jan 22, 2021

Hello there. You are correct that you do not need to input VA disability and Social Security on the means test, but you do need to disclose the income on your schedule I as part of your income. You would also need to disclose it on the Statement of Financial Affairs as well.

2 Answers | Asked in Bankruptcy, Employment Law and Tax Law for Texas on
Q: My employee deducted my court ordered bankruptcy payments from my checks, but didn't send the money to the trustee.

My W2 shows a $5000 difference from what was deducted vs what the trustee received. My bankruptcy lawyer has been no help & now my bankruptcy case is being dismissed. Is there anything I can do about this since my money was mishandled by my employer? What/if any law would the employer be... Read more »

Mr. Chad Van Horn
Mr. Chad Van Horn answered on Jan 21, 2021

Tons of laws! Basically, this would be the equivalent of civil theft. I would first alert the trustee and they may take care of it. If not, I would file a motion to compel in the bankruptcy court to have the money turned over.

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1 Answer | Asked in Bankruptcy for Texas on
Q: Do I need a lawyer for this
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 9, 2021

For what? Lol

If you meant to ask whether you need a lawyer to file a bankruptcy case for you, the answer is No, you can file pro se, BUT,

If you represent yourself, well, there's an old saying that a lawyer who represents himself has a damn fool for a client.

If you...
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1 Answer | Asked in Bankruptcy and Immigration Law for Texas on
Q: With a conditional green card in the US, would filing for bankruptcy overseas affect my ability to remove GC conditions?

Would it also affect my ability to work in the finance industry?

Kevin L Dixler
Kevin L Dixler answered on Dec 30, 2020

That's a loaded question best discussed in the office. Some additional questions will include, "How did you obtain your conditional greencard? (e.g. investment based or family based?) What sort of bankruptcy is it? (personal or business based). There is a form I-944 that has to be... Read more »

1 Answer | Asked in Bankruptcy, Family Law and Child Support for Texas on
Q: How do I get the federal court to investigate a bankruptcy case that was disregarded by debtor.

Child support judgement was reduced to half 27000 and was included in my bankruptcy filing and was paid off in 2006. Then the Child support office refiled for the original amount and tacked interest onto the original amount. The CS office refuses to acknowledge the bankruptcy agreement and more... Read more »

Kathy Elizabeth Roux
Kathy Elizabeth Roux answered on Dec 19, 2020

Child support payments generally cannot be discharged in bankruptcy. This means that a parent who owes child support cannot escape this duty by filing for bankruptcy. Bankruptcies do not act as a stay, or hold, on actions to modify child support obligations. Since you state that the child support... Read more »

2 Answers | Asked in Bankruptcy for Texas on
Q: Been in bankruptcy since 2018. Since covid I am to the point of being worse then broke. How do I talk to get out of now

Bankruptcy since 2018, never missed a payment. Been doing it successfully, but since covid and working directly with covid patients I cannot get extra work since I'm constantly exposed. So I have not been able to get extra work. Now I cant pay my insurance, pay my utilities or my gas to keep... Read more »

Sean T. Flynn
Sean T. Flynn answered on Dec 15, 2020

If you have been in bankruptcy since 2018 it sounds like you filed under Chapter 13. A chapter 13 bankruptcy can typically be voluntarily dismissed at any time. Although before you dismiss you might explore seeing if you can modify your plan and possibly lower the payment. Under the CARES act, you... Read more »

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1 Answer | Asked in Bankruptcy, Consumer Law and Collections for Texas on
Q: Debt reported to Credit Agency: Lack of communication between Hospital and Debt-collection Agency (DCA)

Here is the Timeline:

April - I received a bill from the Hospital. June – Hospital agreed to place my payment on hold under their Pandemic-time policy.

June/July - Received two letters from a DCA. I called DCA to inform that my account was under hold. October - The hospital... Read more »

Timothy Denison
Timothy Denison answered on Dec 3, 2020

Yes. It may also be a violation of the Fair Credit Reporting Act.

1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Foreclosure for Texas on
Q: What to do if a Judge is making me part of a case and I am not listed as party where it shows active and inactive party

I had a case in the court, but the person litigated in another court, and was awarded his request. I filed an appeal. Then had a TI schedule, in the TI one attorney post fraud. I filed for bankruptcy, the Judge in the BK ruptcy court heard the case and overturned the lower court finding. As it was... Read more »

Teri A. Walter
Teri A. Walter answered on Nov 23, 2020

Sorry, this is a complex fact situation which appears to involve at least 3 different matters. No helpful comments can be made without reviewing the status of the underlying cases. If there is currently a Motion for Summary Judgment filed against you in the Counterclaim, you need to make sure... Read more »

2 Answers | Asked in Bankruptcy for Texas on
Q: I filed chapter 13 pro-se and had 341 meeting. Trustee said I filed wrong plan and should find an Atty.

I do nt want to have to sell my Truck I have 14,000 more to pay and have 14,000 already paid. All other debt appx 12,000 is unsecured and I have been "disabled" and getting SSDI since July 2020. Disability began July 2019. I have a disabled child as well and she gets SSI. Although I... Read more »

David Luther Woodward
David Luther Woodward answered on Oct 12, 2020

You really really really need to talk to a bankruptcy lawyer who can go over everything in detail. Let me give you an idea of the exceptions available to Texans:

A car for every licensed drive in the household or anyone dependent on transportation.

You truck note will note will not...
Read more »

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2 Answers | Asked in Bankruptcy for Texas on
Q: I filedfor bankruptcy in January 2017. I was in an accident while living in Texas.Mycar was insured and I was paying on

On the car in the bankruptcy payment. My car was totaled. The trustee collected the check from the insurance and my relative is financing the car for me since I had to have a car. Was the trustee supposed to get this check. Trustee ‘s office will not answer calls and have not for months.

David Luther Woodward
David Luther Woodward answered on Sep 1, 2020

Without reviewing your files, it is hard to give you a direct answer, but there is no excuse for no return of calls.

You should contact the U. S. Trustee in Dallas. Check out this website

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2 Answers | Asked in Bankruptcy for Texas on
Q: Ch 13/60 months.During plan rec’d bonuses. Do I have to go the full 60m or will it stop once I hit the base plan value
Timothy Denison
Timothy Denison answered on Aug 24, 2020

If you pay it off early, it terminates early.

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1 Answer | Asked in Bankruptcy for Texas on
Q: My business got a PPP loan in early May, then in July I had to file Ch 7 Bankruptcy. Can the trustee take the PPP funds?

In addition she wants all the cash in my personal Acct from the Stimulus check. Is this government funding exempt?

Timothy Denison
Timothy Denison answered on Aug 15, 2020

It should be exempt. Most trustees are not pursuing this government aid.

2 Answers | Asked in Bankruptcy for Texas on
Q: I live in dallad, but got a bankruptcy lawyer through the internet to represent me, hes in California. Is that bad

I already paid him 400.00 and still owe him 1300.00 is he allowed to do my bankruptcy

Stuart Nachbar
Stuart Nachbar answered on Jul 21, 2020

He can file your Petition in the proper bankruptcy court if he is licensed in same.

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1 Answer | Asked in Bankruptcy for Texas on
Q: What would a trustee possibly do in a chapter 7. For a joint mortgage when only one person files.

We are divorced. The house is being leased.

Timothy Denison
Timothy Denison answered on Jul 17, 2020

He would administer the estate just like in every other case.

1 Answer | Asked in Bankruptcy for Texas on
Q: My bankruptcy lawyer passed away. He was helping me with a lien on my house that belongs to my ex.

My lawyer found out there was a lien on my house. This is from my ex's loan he has for solar panels. In our divorce he was awarded his loan and the panels. The divorce decree also said he had to remove the panels. He never did and quit paying his loan. The panels are turned off and locked... Read more »

Timothy Denison
Timothy Denison answered on Jul 10, 2020

Unfortunately, you will have to retain another lawyer. You may be able to get him reimbursed by filing a contempt motion in your divorce case.

1 Answer | Asked in Bankruptcy for Texas on
Q: My elderly relative has over 50k in credit card debt at insane interest rates. Is Bankruptcy a good option for her.

She is on a fixed income and can no longer keep up with minimum payments and pay her bills. Her only assets are a condo (paid off) a very old car and about 9k in a savings account. Some of the credit cards have interest rates of 26 percent! A reverse mortgage is not an option because too many units... Read more »

Timothy Denison
Timothy Denison answered on Apr 25, 2020

She needs to meet with a competent bankruptcy attorney who can evaluate her case, help your protect her assets and guide her to the right decisions.

1 Answer | Asked in Bankruptcy and Real Estate Law for Texas on
Q: can i put my name on home title, after husband passed and we filed bankruptcy on it?

married 2005, husband passed 2018, property and mobile home both in his name. We filed chapter 7 in 2015. I still live in the home, I am disabled and need to get tax exemption. I do not have to pay mortgage until i want to sell, then must pay off. If I put title in my name, will I then be... Read more »

Timothy Denison
Timothy Denison answered on Apr 20, 2020

Don’t do anything until you consult a lawyer in person. There are many variables which factor into that decision which you have not listed here. Thus, a complete answer is not possible here.

1 Answer | Asked in Bankruptcy for Texas on
Q: I filed for chapter 13 in March 2019, I have a 5 year plan. I did my taxes 18’& 19’ Will I still get my stimulus check?

My 22 yr old daughter received her stimulus check and she did hers 2018 and 2019 through bank like I did and received it before me? Does that mean I’m not getting it because of my ch.13? I’m from Dallas Texas

Timothy Denison
Timothy Denison answered on Apr 15, 2020

You should receive your stimulus check as well. They are just now beginning to send out the checks.

1 Answer | Asked in Bankruptcy and Business Law for Texas on
Q: My small business has a suit filed against it by a bankruptcy court for a payment I never received.

A client who owed me money for services already rendered apparently filed bankruptcy. This client claimed to their trustee that post filing, they had paid me for the services rendered. Subsequently, a suit was filed against my business for the funds. The problem is, these funds were never paid... Read more »

Timothy Denison
Timothy Denison answered on Apr 15, 2020

Burden of proof is on the claimant. He has to prove he paid you. He needs proof and his word won’t do.

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