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Texas Bankruptcy Questions & Answers
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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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.

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