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Texas Bankruptcy Questions & Answers

1 Answer | Asked in Bankruptcy, Civil Litigation, Contracts and Real Estate Law for Texas on

Q: Ex-boyfriend filing bankruptcy, will it affect me when we have a notarized promissory note?

I am a co-owner of my house (that my parents paid for) with my ex-boyfriend and we are separated because he had an affair. Both of our names are on the deedWe both had an agreement about things after he left the house. We have a co-signed home equity loan of about

Timothy Denison answered on Aug 20, 2019

Unless his name is on the deed, he has no claim to the property. He will likely be released from the promissory note on the house, but as long as you make the payment, nothing should happen to you.

2 Answers | Asked in Bankruptcy for Texas on

Q: Moving from rental house to owner financed home, in same school district. How long do I have to wait to file Chapter 7?

Our 6 1/2 yr. old son has autism. His schooling, treatment and other needed(like a car, study books and licensure fee for Phd.)items,paid by credit card, has put us in debt for $68,000. We are getting ready to purchase a low to no money down owner financed home. So instead of paying $1500 a month... Read more »

Tammy Lyn Wincott answered on Jul 23, 2019

none if you are living in Texas

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1 Answer | Asked in Bankruptcy for Texas on

Q: In Chapter 7, will an owner financed mortgage qualify like a bank mortgage?

Currently renting for $1500 a month. Parents want to put small down payment on owner financed home for us. How long do I have to live in home before filing chapter 7?

Timothy Denison answered on Jul 20, 2019

Yes. It will qualify. As long as you’ve been in the district you’re filing in for 6 months, there should be no live in time requirement.

1 Answer | Asked in Bankruptcy for Texas on

Q: What happens when a person abandons a mortgage (house) in Puert Rico?

My email:

Timothy Denison answered on Jul 18, 2019

Any number of things can happen: nothing, foreclosure, surrender, or government seizure. However, if you don’t reaffirm the debt, you just walk away debt free.

2 Answers | Asked in Bankruptcy for Texas on

Q: If in chapter 7, i want to sell my house for a profit, what do I need to do?

Such as forms and title company

Timothy Denison answered on Jul 13, 2019

You can’t sell your house while in chapter 7 without permission from the court.

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1 Answer | Asked in Bankruptcy, Consumer Law and Contracts for Texas on

Q: In Texas, should a motion to compel arbitration be included with answer to lawsuit or can it wait?

Being sued by JDB, robo signed lawsuit Im sure. I may file bankruptcy, as I am within means test easily, but would obviously prefer not to do this. I can require arbitration from the original contract to possibly get the JDB to back off, just unsure if motion to compel arbitration should be... Read more »

Timothy Denison answered on Jun 18, 2019

Include ilarbitration in answer just to be safe.

2 Answers | Asked in Bankruptcy for Texas on

Q: I am a cosigner on a car and the primary is filing for bankruptcy and i am the person who has been current on the car

What am i suppose to do to keep the car if he files for bankruptcy?

Clark Dray answered on May 17, 2019

It depends on the lender, but in most cases as long as you continue making payment as required you'll be okay to keep the car. If the lender is Ford, they will probably demand that your cosigner reaffirm the debt. That person would need to talk to their lawyer about that.

Please note that...
Read more »

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1 Answer | Asked in Bankruptcy for Texas on

Q: What year was the "Automatic Stay" bankruptcy provision enacted into law?

Bruce Alexander Minnick answered on May 7, 2019

Answer: A very long time ago; so why do you ask?

1 Answer | Asked in Bankruptcy for Texas on

Q: I'm in an Bankruptcy Adversary Proceeding for Undue Hardship of my Student Loan. How do I request a Trial Date?

I am not sure if I need to submit a form to the court, or motion. I have not been able to find this information on the web, and the court has told me they cannot provide advice even though I am simply asking a question about a document for the court.

As stated Discovery was complete 3/29/19... Read more »

Timothy Denison answered on Apr 17, 2019

File a motion for a trial date.

1 Answer | Asked in Bankruptcy for Texas on

Q: I live in Houston Tx I am in chapter 13 I would like to sell my home and payoff my Bankruptcy How can I do it?

Timothy Denison answered on Mar 23, 2019

Make a motion in your bankruptcy case to sell the house and get permission from the Court.

2 Answers | Asked in Bankruptcy for Texas on

Q: My ex husband filed bankruptcy chap. 7 and was discharged from a car payments that were for spousal support.

He told no one that the car was “spousal support “ in our divorce. Isn’t this fraud or legal in his bankruptcy filing.

Kevin M Rogers answered on Feb 27, 2019

First question: car payments = child support? I don't understand. If a judge actually ordered this quid pro quo arrangement rather than monthly payments, I would be surprised. So, the short answer is that in all states it is illegal to try and bankrupt child support, can't be done. It is an... Read more »

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3 Answers | Asked in Insurance Defense, Bankruptcy and Personal Injury for Texas on

Q: Will the insurance company rebuild my home or just use the money to payoff a claim?

An explosion caused me both to lose my house and to be liable to a person for her injuries on my property. I am insured for $100k for the house and another 100k for the liability, but the person I am liable to is suing me for well over $200k. Will my home be rebuilt, or will all the money just be... Read more »

Rahlita D. Thornton answered on Feb 3, 2019

You should consult an attorney who handles property damage casualty claims or bad faith claims by insurance companies. More facts need to be elicited. But, in general your insurance company has a duty to act in good faith on your behalf. A lot of times the insurance companies do not look out for... Read more »

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3 Answers | Asked in Bankruptcy for Texas on

Q: vihicle surrendered in chap. 7 can I create debt for vihicle within the 2 month period after trustee meeting

filled 12/11/2018, trustee meeting 1/9/2019, vihicle will be surrendered 2/24/2019. can I create loan now with first payment after 3/9/2019

John Martin Hilla answered on Jan 24, 2019

It's not quite clear what you're asking. Are you asking whether you can buy a new car within 2 months of your 341 Meeting of Creditors?

The first response is always that you should pose this question to the attorney that you hired to assist you with your bankruptcy case. I presume you have...
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2 Answers | Asked in Bankruptcy for Texas on

Q: Can you keep your vehicle in Chapter 7 bankruptcy? Still paying for vehicle and owe a year and half.

Timothy Denison answered on Jan 13, 2019

Possibly. Depends on the value of the auto and the equity in it.

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1 Answer | Asked in Bankruptcy and Foreclosure for Texas on

Q: If I file for bankruptcy to avoid foreclosure will my debt be the full price of the mortgage or the amount I am behind?

I bought a house with my sister and she took a mortgage payment and left me high and dry. It takes me a full month to get a payment because I am behind and they will not take partial payments. I do not want to lose my home. I am 6mo behind

Timothy Denison answered on Jan 7, 2019

Full price of mortgage.

1 Answer | Asked in Bankruptcy for Texas on

Q: If a judge rules against my husband & me in a MSJ, we'll have to file for Bankruptcy Will this affect my license w/FINRA

I reported my employer for corporate theft & sexual harassment to a "confidential" 3rd party Ethics group. The "Ethics" group called my employer directly & told him exactly what I said. The employer then fired me, did not renew my loan that I had with the bank (for whom I was working @ the time) &... Read more »

Timothy Denison answered on Dec 29, 2018

Filing bankruptcy should not affect your licenses. You can also raise your employers behavior in an adversarial proceeding in the bankruptcy.

1 Answer | Asked in Bankruptcy for Texas on

Q: If I am on a payment plan already, what happens if I file?

Timothy Denison answered on Dec 7, 2018

If you file a 7, there is no payment plan and if you file a 13, the 13 plan will control.

1 Answer | Asked in Bankruptcy for Texas on

Q: My son is in rehab for a gambling addition - can we file bankruptcy for him?

Timothy Denison answered on Nov 23, 2018

Probably, but you’ll need to contact an experienced local bankruptcy attorney to help you.

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