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Texas Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy, Real Estate Law and Business Law for Texas on
Q: A partner stole my corporation The judge gave it back to me. He files bk while it’s mine. I have all the proof

I need a lawyer iif we would of finished the billl of review we would of won ? evidence was presented, and Court found that I was the only owner of my company 4 days later ex partnerfiled filed bankruptcy on behalf of my company just four days after this Court told him that he did not own it. I... Read more »

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

If you still own the business, simply move the Court to dismiss the bankruptcy as unauthorized.

2 Answers | Asked in Bankruptcy, Contracts, Real Estate Law and Civil Litigation for Texas on
Q: What kind of lawyer do I need juan paid double for void judgement and got court findings omitted 05-22-00767-C

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 »

John Michael Frick
John Michael Frick
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 »

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1 Answer | Asked in Bankruptcy for Texas on
Q: Can the federal bankruptcy homestead cap be doubled for a joint bankruptcy? I haven’t met the 1215 day rule.

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.

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

2 Answers | Asked in Bankruptcy for Texas on
Q: I am filing ch13 bankruptcy vehicle the chapter 13 payment plan form 113 is confusing...How do I fill this out ?
David Luther Woodward
David Luther Woodward
answered on Dec 25, 2022

You go to a bankruptcy lawyer for assistance--you will need him not only for 113, but also for you plan of repayment. Most lawyers do not charge a fee for the initial consultation.

Good Luck

d

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1 Answer | Asked in Bankruptcy and Foreclosure for Texas on
Q: Thank you for responding. My lawyer-motion to lift stay, his lawyer-requests denial. Can I respond to the court trustee?

I just wanted to clear up what I was asking. His bankruptcy is not yet approved and trustee is recommending it not be granted due to lack of income because he has not submitted the documents she asked for yet. (Schedule C, 3-months P&L, and complete tax return. I log on to Pacer at least once a... Read more »

Timothy Denison
Timothy Denison
answered on Dec 18, 2022

Yes. You can file your own response to the trustee but you are pretty much protected either way.

1 Answer | Asked in Bankruptcy and Family Law for Texas on
Q: Can I fill out a bankruptcy response to the court when I am owed spousal support? A motion to deny my stay was entered

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 »

Timothy Denison
Timothy Denison
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.

2 Answers | Asked in Bankruptcy for Texas on
Q: How do I access business bankruptcy asset liquidations/sales in Texas Southern District (Austin)?

Looking to get access to assets that are being sold as part of Chapter 7/11/13 proceedings in Austin TX

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

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2 Answers | Asked in Bankruptcy for Texas on
Q: If you have a house that you need to sell however you are in the middle of a bankruptcy when can you sell the house?

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 »

Cristina M. Lipan
Cristina M. Lipan
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 »

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1 Answer | Asked in Bankruptcy for Texas on
Q: Can I file for bankruptcy and not lose my house?

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 »

Timothy Denison
Timothy Denison
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 »

1 Answer | Asked in Bankruptcy for Texas on
Q: How long after buying a house can I file bankruptcy? I wouldn't be behind on mortgage just want to dissolve other debts.

I have really great credit but my husband and I are digging ourselves into a hole with a large loan we have. We might be taking on having to add another family member to raise due to an emergency family situation, so financial restructuring is going to be in order. We would not file for bankruptcy... Read more »

Timothy Denison
Timothy Denison
answered on Sep 28, 2022

You can file anytime but it could be considered fraudulent if you file too soon. You really should have a competent bankruptcy lawyer evaluate your entire financial situation.

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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