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Texas Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy and Landlord - Tenant for Texas on
Q: Eviction without ssn and birthdate?

Financial issues leading to eviction. Two people household. Apt management doesn't have the ssn and birth date for one tenant. How does this affect the eviction process moving forward? Also does filing for chapter 7 allow for automatic stay for the whole household or only for who filed... Read more »

Timothy Denison
Timothy Denison
answered on Aug 25, 2022

Lack of ssn and dob will not affect the eviction. Bankruptcy of one tenant will likely stay eviction of other tenants in the same house.

1 Answer | Asked in Divorce and Bankruptcy for Texas on
Q: In my divorce decree in 2017 states that my ex has to pay off a loan against a life policy every month he stop and fille

Bankruptcy. I was granted the life policy on him. I did the 410 form twice. And sent it to 2 different address. His lawyer and he do not want to pay. I paid it off due to interest rate. What do I do.

Timothy Denison
Timothy Denison
answered on Aug 23, 2022

Make a motion to hold him in contempt in your divorce case.

2 Answers | Asked in Bankruptcy for Texas on
Q: Can a golf cart be exempt in a chapter 7 bankruptcy using Texas exemptions? What about federal exemptions?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Aug 19, 2022

The only bankruptcy case I know of is out of Western District of Oklahoma. 2022 case. They held in certain circumstances yes it can be.

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1 Answer | Asked in Bankruptcy for Texas on
Q: how do I find a closed bankruptcy case? Are bankruptcies public records?

I am looking for information about my later fathers bankruptcy.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
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 »

1 Answer | Asked in Bankruptcy for Texas on
Q: A major chemical company had an explosion that damaged my home. We agreed on a settlement and I was paid approximately

A major chemical company had an explosion that damaged my home. We agreed on a settlement and I was paid approximately half. Upon completion of repairs they sent me the last payment of over $5000. They then filed bankruptcy and the check bounced. What are my options to collect?

Timothy Denison
Timothy Denison
answered on Jun 16, 2022

Prosecute them for TBD bad checks. Criminal prosecutions are not stayed by the bankruptcy code. Do not take any civil action against them, only criminal.

2 Answers | Asked in Bankruptcy and Tax Law for Texas on
Q: I have a tax lien filed against me. I have no real property to attach. I owe another $39k I bills including g my car.

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.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
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 »

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1 Answer | Asked in Bankruptcy and Consumer Law for Texas on
Q: I have a foreclose notice from my mortgage company and is TRO ( temporary restraining order) can stop foreclose

I have a small condo and our 5 family member live in this condo for last 21 years. This is only primary resident we have, during covid my wife lost her job and my parents move back to our home. I could not able to make any payment to my mortgage. I tried several time to modify or adjust the past... Read more »

David Luther Woodward
David Luther Woodward
answered on Apr 13, 2022

You can --through a lawyer--seek a temporary restraining order in District Court in your county. It is temporary--and I mean temporary. Don't expect more that 30 days till something will have to happen.

Go see a Bankruptcy Lawyer about a Chapter 13. That usually is the best way to...
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2 Answers | Asked in Bankruptcy, Consumer Law and Foreclosure for Texas on
Q: Good afternoon I like to know , what should i do regarding my home foreclose.

I have a past due ( 3 years) mortgage and due to pandemic ( lost job and parents hospitalized) could not able to pay . I have tried several time to modify the past due also requested for payment option. each proposal they turn down and send me a demand letter for full past due . Now i received a... Read more »

David Luther Woodward
David Luther Woodward
answered on Apr 12, 2022

I have practiced in Texas and in Texas foreclosure is by "post and sell"--May 3 is the first Tuesday of the month which is foreclosure auction day. .That is contrasted to states like Florida where I practice now where is called a "Strict Foreclosure" state. That means that you... Read more »

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1 Answer | Asked in Bankruptcy and Real Estate Law for Texas on
Q: What rights do I have in protecting myself from bankruptcy when another has fed for bankruptcy on a joint home loan
Timothy Denison
Timothy Denison
answered on Apr 1, 2022

Buy the house. Sell the house. File bankruptcy and discharge the house debt obligation.

1 Answer | Asked in Bankruptcy for Texas on
Q: Can a person file bankruptcy on a joint home loan
Timothy Denison
Timothy Denison
answered on Apr 1, 2022

Yes

1 Answer | Asked in Bankruptcy for Texas on
Q: Chapter 11 bankruptcy for my commercial lease is it mean landlord can’t ask for remaining lease contract?

I have a 7 years lease with landlord and i started my business but I don’t have the money to complete. The landlord currently gave me 6 months of build out rent free. But now 6 months but I’m money. And I want to get out of lease, they say I have to make payment of remaining 7 years rent which... Read more »

David Luther Woodward
David Luther Woodward
answered on Mar 31, 2022

Your lease may be avoidable in a bankruptcy proceeding, but I would consult a business bankruptcy specialist to see what all the options are

2 Answers | Asked in Bankruptcy, Foreclosure and Child Support for Texas on
Q: I had a property lien on my home unjust but the attorney general, even after the back pay was discontinued (no arrears)

They refused to remove the lien . The AG over charged me for child support, financially crippling me , I had to get property tax loans , this went on for 10 years .. My way out was to refinance my house , but because of this fraudulent lien I was unable to refinance.. I’ve gotten the run around... Read more »

Timothy Denison
Timothy Denison
answered on Mar 21, 2022

What is your question?

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1 Answer | Asked in Bankruptcy and Construction Law for Texas on
Q: What will happen to the lien on Texas house after contractor filled bankruptcy Chp7? He perfected the lien before BK.

Lien is bonded and he started the lawsuit but now gone bankrupt.

Timothy Denison
Timothy Denison
answered on Mar 15, 2022

You should move to avoid the lien in his bankruptcy.

1 Answer | Asked in Bankruptcy and Health Care Law for Texas on
Q: I won a lawsuit where I was told that I couldn’t speak about the settlement or the case.

I won a lawsuit for medical malpractice. I was told I couldn’t speak about the facts of the case or settlement. If I keep all names and settlement amounts confidential may I tell my story? The company who I sued has also filed bankruptcy. How do I find out if the company was liquidated? This is... Read more »

Timothy Denison
Timothy Denison
answered on Mar 1, 2022

One would have to see the actual settlement to properly answer this question, but I would advise against any disclosure. Many times there are severe consequences for breaches of confidentiality. I think the safest course of action is to remain silent and disclose nothing.

1 Answer | Asked in Bankruptcy for Texas on
Q: do i need a lawyer to file a motion to reopen a ch 7 in texas
Timothy Denison
Timothy Denison
answered on Feb 9, 2022

Yes.

1 Answer | Asked in Bankruptcy, Business Formation and Business Law for Texas on
Q: Should my LLC be cancelled by administration?

If I receive a notice for a hearing to NOT revoke our "limited sales, exercise and taxes" while having small outstanding sales taxes, would I need to pay them if I'm looking to dissolve my LLC regardless?

We created a company that wasn't profitable and we ended up not... Read more »

Timothy Denison
Timothy Denison
answered on Jan 30, 2022

You will still owe the taxes whether the LLC is dissolved or not.

2 Answers | Asked in Bankruptcy and Immigration Law for Texas on
Q: Do you offer your services to Spanish Speaking Clients?
Timothy Denison
Timothy Denison
answered on Jan 27, 2022

Absolutely.

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1 Answer | Asked in Divorce, Bankruptcy, Real Estate Law and Cannabis & Marijuana Law for Texas on
Q: Divorce court said he needed to take me off the home. He never did. The house is about to foreclose.

I don’t have the money to fly to Oregon and get another lawyer to force him to refinance. I also learned he put the home in forbearance while the divorce was still processing. So now he has to either pay back 30 grand before he can refinance OR have me agree to sign papers to put that money on... Read more »

Timothy Denison
Timothy Denison
answered on Jan 20, 2022

You need to consult your divorce attorney and move to hold him in contempt in the divorce case. He will likely have to hold you harmless on the debt regardless.

4 Answers | Asked in Bankruptcy and Family Law for Texas on
Q: My wife's mother is 82, she's has 60K debt in credit cards, owns nothing whatsoever. is my wife responsible upon dying?

She own's no real estate, no financial holdings, no car - nothing! nothing in her bank account and nothing in her will. Rents a small apartment. She's on Medicare and Medicaid.

Can the card holders go after my wife to pay here debt?

Lloyd M. Nolan
Lloyd M. Nolan
answered on Jan 18, 2022

I am licensed only in Missouri and Illinois. Based upon the law in those States, I would say "No." I am not licensed in Texas but, UNLESS your wife is a co-signer, co-apllicant, or guarantor for any of your mother-in-laws debt, I cannot see how your wife would be responsible for her... Read more »

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