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Texas Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Texas on
Q: I filed chapter 13 pro-se and had 341 meeting. Trustee said I filed wrong plan and should find an Atty.

I do nt want to have to sell my Truck I have 14,000 more to pay and have 14,000 already paid. All other debt appx 12,000 is unsecured and I have been "disabled" and getting SSDI since July 2020. Disability began July 2019. I have a disabled child as well and she gets SSI. Although I... Read more »

David Luther Woodward
David Luther Woodward answered on Oct 12, 2020

You really really really need to talk to a bankruptcy lawyer who can go over everything in detail. Let me give you an idea of the exceptions available to Texans:

A car for every licensed drive in the household or anyone dependent on transportation.

You truck note will note will not...
Read more »

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2 Answers | Asked in Bankruptcy for Texas on
Q: I filedfor bankruptcy in January 2017. I was in an accident while living in Texas.Mycar was insured and I was paying on

On the car in the bankruptcy payment. My car was totaled. The trustee collected the check from the insurance and my relative is financing the car for me since I had to have a car. Was the trustee supposed to get this check. Trustee ‘s office will not answer calls and have not for months.

David Luther Woodward
David Luther Woodward answered on Sep 1, 2020

Without reviewing your files, it is hard to give you a direct answer, but there is no excuse for no return of calls.

You should contact the U. S. Trustee in Dallas. Check out this website

https://www.justice.gov/ust-regions-r06/region-6-northern-district-texas

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2 Answers | Asked in Bankruptcy for Texas on
Q: Ch 13/60 months.During plan rec’d bonuses. Do I have to go the full 60m or will it stop once I hit the base plan value
Timothy Denison
Timothy Denison answered on Aug 24, 2020

If you pay it off early, it terminates early.

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1 Answer | Asked in Bankruptcy for Texas on
Q: My business got a PPP loan in early May, then in July I had to file Ch 7 Bankruptcy. Can the trustee take the PPP funds?

In addition she wants all the cash in my personal Acct from the Stimulus check. Is this government funding exempt?

Timothy Denison
Timothy Denison answered on Aug 15, 2020

It should be exempt. Most trustees are not pursuing this government aid.

2 Answers | Asked in Bankruptcy for Texas on
Q: I live in dallad, but got a bankruptcy lawyer through the internet to represent me, hes in California. Is that bad

I already paid him 400.00 and still owe him 1300.00 is he allowed to do my bankruptcy

Stuart Nachbar
Stuart Nachbar answered on Jul 21, 2020

He can file your Petition in the proper bankruptcy court if he is licensed in same.

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1 Answer | Asked in Bankruptcy for Texas on
Q: What would a trustee possibly do in a chapter 7. For a joint mortgage when only one person files.

We are divorced. The house is being leased.

Timothy Denison
Timothy Denison answered on Jul 17, 2020

He would administer the estate just like in every other case.

1 Answer | Asked in Bankruptcy for Texas on
Q: My bankruptcy lawyer passed away. He was helping me with a lien on my house that belongs to my ex.

My lawyer found out there was a lien on my house. This is from my ex's loan he has for solar panels. In our divorce he was awarded his loan and the panels. The divorce decree also said he had to remove the panels. He never did and quit paying his loan. The panels are turned off and locked... Read more »

Timothy Denison
Timothy Denison answered on Jul 10, 2020

Unfortunately, you will have to retain another lawyer. You may be able to get him reimbursed by filing a contempt motion in your divorce case.

1 Answer | Asked in Bankruptcy for Texas on
Q: My elderly relative has over 50k in credit card debt at insane interest rates. Is Bankruptcy a good option for her.

She is on a fixed income and can no longer keep up with minimum payments and pay her bills. Her only assets are a condo (paid off) a very old car and about 9k in a savings account. Some of the credit cards have interest rates of 26 percent! A reverse mortgage is not an option because too many units... Read more »

Timothy Denison
Timothy Denison answered on Apr 25, 2020

She needs to meet with a competent bankruptcy attorney who can evaluate her case, help your protect her assets and guide her to the right decisions.

1 Answer | Asked in Bankruptcy and Real Estate Law for Texas on
Q: can i put my name on home title, after husband passed and we filed bankruptcy on it?

married 2005, husband passed 2018, property and mobile home both in his name. We filed chapter 7 in 2015. I still live in the home, I am disabled and need to get tax exemption. I do not have to pay mortgage until i want to sell, then must pay off. If I put title in my name, will I then be... Read more »

Timothy Denison
Timothy Denison answered on Apr 20, 2020

Don’t do anything until you consult a lawyer in person. There are many variables which factor into that decision which you have not listed here. Thus, a complete answer is not possible here.

1 Answer | Asked in Bankruptcy for Texas on
Q: I filed for chapter 13 in March 2019, I have a 5 year plan. I did my taxes 18’& 19’ Will I still get my stimulus check?

My 22 yr old daughter received her stimulus check and she did hers 2018 and 2019 through bank like I did and received it before me? Does that mean I’m not getting it because of my ch.13? I’m from Dallas Texas

Timothy Denison
Timothy Denison answered on Apr 15, 2020

You should receive your stimulus check as well. They are just now beginning to send out the checks.

1 Answer | Asked in Bankruptcy and Business Law for Texas on
Q: My small business has a suit filed against it by a bankruptcy court for a payment I never received.

A client who owed me money for services already rendered apparently filed bankruptcy. This client claimed to their trustee that post filing, they had paid me for the services rendered. Subsequently, a suit was filed against my business for the funds. The problem is, these funds were never paid... Read more »

Timothy Denison
Timothy Denison answered on Apr 15, 2020

Burden of proof is on the claimant. He has to prove he paid you. He needs proof and his word won’t do.

1 Answer | Asked in Bankruptcy for Texas on
Q: I am in desperate need of a Bankruptcy attorney. I have been to several firms and they all have referred me here.
Timothy Denison
Timothy Denison answered on Apr 15, 2020

Contact your local bar association or legal aid society. They maintain a list of attorneys who can help you.

1 Answer | Asked in Bankruptcy for Texas on
Q: My Chapter 7 bankruptcy was filed on April 10th. Will I get to keep the stimulus payment or will it go to the trustee?

The stimulus payment would be considered post-petition. Will the Trustee try to recover it to pay back my creditors/debts.

Timothy Denison
Timothy Denison answered on Apr 15, 2020

No. You should get the stimulus check.

3 Answers | Asked in Bankruptcy for Texas on
Q: If I am in a Chapter 13 bankruptcy, filed in April of 2016, will I be able to keep my Covid-19 stimulus check?
Mr. J. Thomas Black
Mr. J. Thomas Black answered on Apr 13, 2020

The law does not explicitly say that the stimulus payments are exempt, but it is believed by some that was an oversight and will be corrected in a subsequent bill. The stimulus payments are NOT to be considered in computing disposable income in chapter 13 cases, for one thing. In a seminar put on... Read more »

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1 Answer | Asked in Bankruptcy for Texas on
Q: My mother is filing for bankruptcy. She is the Co-Signer on my car. Will I lose my car? She has a vehicle also.

IF she is the primary on the note and filing for bankruptcy, will she lose her can and mine? I make the payments and can prove the payments come from my account.

Timothy Denison
Timothy Denison answered on Apr 1, 2020

No. Not as long as you continue to pay for the car.

1 Answer | Asked in Bankruptcy and Tax Law for Texas on
Q: Can the IRS keep my 2019 refund when I'm currently under the automatic stay even though I owe back taxes?

I know it's considered estate money according to the bankruptcy law but unclear about the IRS refund question.

Timothy Denison
Timothy Denison answered on Apr 1, 2020

Yes, unless you exempted it when you filed your petition.

2 Answers | Asked in Bankruptcy, Banking and Civil Litigation for Texas on
Q: My husband and I have our finances separate. We file jointly for taxes. Can I file individual bankruptcy.

We file jointly because of a nuance in student fedloans that prevents us from filing separately. I am completely broke and have accounts closing out.

I need to file, we have no joint assets- the only joint thing we have is our taxes. I fear that because our taxes are joint that it may... Read more »

Mr. J. Thomas Black
Mr. J. Thomas Black answered on Apr 1, 2020

You can file bankruptcy without your husband, whether you file taxes jointly or separately. However, if your debts are primarily consumer debts, and you are married and living together, his income is counted in the "means test" that determines if you qualify for chapter 7 or the minimum... Read more »

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1 Answer | Asked in Banking, Civil Litigation, Bankruptcy and Civil Rights for Texas on
Q: If you paid off your account and the lawyer put a lien on my bank account. I have summited the paperwork already to him.

My wife payed of the account with another lawyer firm but this lawyer never did the research and froze my bank account how long will it take for him to release my bank account and give us our money back. Also can I file a suite against him

Timothy Denison
Timothy Denison answered on Mar 21, 2020

If you owed no money on the debt at the time the bank account was seized, you may have a claim for wrongful execution against the lawyer.

1 Answer | Asked in Banking and Bankruptcy for Texas on
Q: lawyer has a lien how long with it take from them to release your bank account after they settle on payment a month
Timothy Denison
Timothy Denison answered on Mar 21, 2020

Give or take, about 30 days, yes.

1 Answer | Asked in Bankruptcy for Texas on
Q: A doctor's office is still sending me bills even two years after Chapter 7 BK. What do I do?

A doctor has been sending bills and I contacted them and gave them the case number and the name and number of the trustee and judge. I thought it stopped, however the Dr changed networks and now I am getting billed by another company. I have no idea what I should be doing or who to talk to.

Timothy Denison
Timothy Denison answered on Mar 18, 2020

Send the new company the discharge and proof the bills were listed. Tell them that continued contact is a violation of the injunction and if they contact you again you will pursue it.

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