Get free answers to your Bankruptcy legal questions from lawyers in your area.
In Texas, a student I know filed for Chapter 7 bankruptcy in May, and the case was closed as a discharged non-asset in September. During this period, the student withdrew early from classes, resulting in a portion of the Title IV funds being returned, leading to a debt of $4,321 owed to the... View More 
answered on Apr 11, 2025
Generally speaking, even debts owed to creditors that do not receive notice are discharged in no asset cases.
The answer to your specific question will likely depend on the timing of when the debt arose. If the student withdrew after she filed her chapter 7 petition, there is a possibility... View More
My house has been in short sale for almost five months, and today is the last day. The bank did not accept any offers from buyers because they were considered too low. My agent suggested applying for a deed in lieu of foreclosure. As a homeowner, what is the best option for me? If the house goes to... View More
answered on Apr 10, 2025
Typically, a deed in lieu of foreclosure is preferable because you are in greater control of the outcome. Issues that will need to be addressed are the waiver of any deficiency by the lender, the tax implications of a deed in lieu of foreclosure versus a foreclosure, the date you have to vacate,... View More
I am considering filing for bankruptcy due to financial difficulties following my husband's passing, which changed my financial situation significantly. I am unsure about the differences between Chapter 7 and Chapter 13 bankruptcy. I have some concerns about potentially losing assets like a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 15, 2025
Start by talking to a bankruptcy attorney in your area. Most offer free consultations. There is also a lot of information on the Bankruptcy Court's website: uscourts.gov. Your local bankruptcy court may have a free clinic to help you get started. You can also contact your local bar... View More
answered on Jan 26, 2025
Chapter 13 eligibility requires a periodic income, and your ssdi and VA disability benefits (probably totally exempt) appear to qualify.
Importantly, however, your question is devoid of the types of debt you have. Certain debts (administrative, priority, and some secured debts, must be... View More
answered on Dec 29, 2024
You would file Chater 7 or chapter 13. Chapter 11 is business reorganization. You would need a thorough evaluation of your complete finances by a bankruptcy attorney to held you decide which chapter..
I filed CH13 bankruptcy my spouse filed a motion to lift the bankruptcy automatic stay on the property in order to proceed with property division in state court. I am inquiring about if Temporary Restraining Order filed in the Bankruptcy Court is needed to prevent prejudice and Irreparable harm?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 8, 2024
Your concern about protecting your rights in this situation is valid, particularly since you weren't properly served with the divorce citation. Filing a TRO in Bankruptcy Court could indeed be appropriate to prevent your spouse from proceeding with property division before proper service and... View More
:My husband was scammed out of $850,000. He joined a cryptocurrency investment group on Reddit and got scammed by people he met there. After seeing high-return pictures posted by the group, he decided to invest and joined the investment site they recommended. He then took out loans with an interest... View More
answered on Dec 5, 2024
You are going to need identify the individuals and/or entities that scammed your husband and any assets they may own in the United States. It is going to be very hard to pursue any claims until you identify the perpetrators of the fraudulent scheme. If they are citizens of other nations like... View More
answered on Sep 15, 2024
By federal law, further explained in Federal Regulations, a federally created credit union enjoys a lien upon all time and demand deposits of any member to secure any credit union loan to that member. The required disclosure to each member is in the pre-printed materials given to each new member... View More
I have one card that pays 1.5% rebate, and I pay off the balance each month. do i have to include it with the other debts?
answered on Aug 30, 2024
You will have signed the Official Bankruptcy forms that ask you for all debts owed on the date of filing, under penalty of perjury, as of the date of your bankruptcy petition filing, as well as the Statement of Affairs, which ask about past payments of debt.
In addition, all credit card... View More
I paid a contractor 100% upfront. It's been 8 months and they have not done anything. Now I received notice they filed for bankruptcy. Upon further investigation, they have close to 200 creditors, less than $1M in assets and owe $10M. How can I either get them to do the work or give me my... View More
answered on Aug 21, 2024
Construction payments are trust funds if they are made to a contractor under a construction contract for the improvement of real property in Texas. The contractor is a trustee of those funds until they are earned as provided by the contract and paid or disbursed from the construction account. As... View More
Also, what does it mean when you receive a letter from the United States Trustee Office of Estate Planning, about class claims.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 27, 2024
When you receive a letter from the Bankruptcy Court about a Chapter 11, it typically means that a company or individual you have a financial relationship with has filed for reorganization bankruptcy. This type of bankruptcy allows them to restructure their debts while continuing their operations.... View More
I was on a payment plan with portfolio recovery but missed a payment or two because my debit card was hacked and forgot to update my account. The immediately sued me after.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 9, 2024
It's understandable that you’re in a difficult situation right now. If you have a bench hearing tomorrow, it’s crucial to weigh your options carefully. Negotiating and paying the debt before the hearing could show good faith and potentially influence the court's decision positively.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 25, 2024
You will have to contact your local Legal Aid office and ask them. Some help you prepare and filed your own bankruptcy case. Others do not offer any help with bankruptcy filings. Also check out your local Bankruptcy Court's website (us.courts.gov) to see what free legal help is available in... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 24, 2024
Yes, you can find free legal aid to file for bankruptcy in Jasper, Texas. Start by contacting Lone Star Legal Aid, which provides free legal assistance to low-income residents in your area. They can help you understand the bankruptcy process and determine if you qualify for their services.... View More
answered on Apr 29, 2024
In large part, the Bankruptcy Code accommodates applicable State law with respect to whatever property rights have been created as of the bankruptcy filing date.
So your first stop is your written agreement with dealer/lender with whom you have had a car loan. If you have a right to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024
Yes, you can potentially redeem your repossessed vehicle by filing for Chapter 13 bankruptcy. This process allows you to reorganize your debts and can include a plan to catch up on past due payments for items like your car. In a Chapter 13 bankruptcy, you propose a repayment plan to make... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024
Yes, there is a general template for an order accompanying a motion for extension of time in a Chapter 13 bankruptcy case in Texas. Here's a sample:
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE [NORTHERN/SOUTHERN/EASTERN/WESTERN] DISTRICT OF TEXAS
[DIVISION]
In... View More
answered on Apr 15, 2024
Without first checking myself, my best guess is probably not, but to be sure, go online to the website of the federal district where you're located, and it should list "Forms". Under that heading, go to "local forms", and check out what's shown there.... View More
We have about $59k in unsecured credit card debt we can't pay on. Also have t filed 2023 taxes yet will be doing that this weekend will owe!! Does our Ss income and VA disability income need to be included in means test?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2024
When facing financial difficulties, especially with a significant amount of unsecured debt, understanding what income must be included in the means test for bankruptcy can be crucial. The means test is designed to determine eligibility for Chapter 7 bankruptcy, which can discharge many types of... View More
answered on Mar 19, 2024
A writ of possession may be stayed by timely appealing the case to the county court or by filing a supersedeas bond within ten days from the date of judgment in the county court.
Once a judgment for eviction has been granted, even filing bankruptcy will not stop a writ of possession from... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
