Texas Bankruptcy Questions & Answers

Q: My ex husband filed bankruptcy chap. 7 and was discharged from a car payments that were for spousal support.

2 Answers | Asked in Bankruptcy for Texas on
Answered on Feb 27, 2019
Kevin M Rogers' answer
First question: car payments = child support? I don't understand. If a judge actually ordered this quid pro quo arrangement rather than monthly payments, I would be surprised. So, the short answer is that in all states it is illegal to try and bankrupt child support, can't be done. It is an exception to a discharge. So, I am assuming that the arrangement for "your car payments = child support" is just that, an agreement between yourselves and NOT a court-ordered arrangement. SO, most...

Q: Will the insurance company rebuild my home or just use the money to payoff a claim?

3 Answers | Asked in Insurance Defense, Bankruptcy and Personal Injury for Texas on
Answered on Feb 3, 2019
Rahlita D. Thornton's answer
You should consult an attorney who handles property damage casualty claims or bad faith claims by insurance companies. More facts need to be elicited. But, in general your insurance company has a duty to act in good faith on your behalf. A lot of times the insurance companies do not look out for their insured's interest first. Even if you do not hire an attorney ask the insurance company to keep you updated with any settlement negotiations with the other individual whom you may have a duty...

Q: vihicle surrendered in chap. 7 can I create debt for vihicle within the 2 month period after trustee meeting

3 Answers | Asked in Bankruptcy for Texas on
Answered on Jan 24, 2019
John Martin Hilla's answer
It's not quite clear what you're asking. Are you asking whether you can buy a new car within 2 months of your 341 Meeting of Creditors?

The first response is always that you should pose this question to the attorney that you hired to assist you with your bankruptcy case. I presume you have one if you have already filed. If you have filed without an attorney, I recommend you consult with a bankruptcy attorney in your local area to discuss the issue, if any will discuss it with you....

Q: Can you keep your vehicle in Chapter 7 bankruptcy? Still paying for vehicle and owe a year and half.

2 Answers | Asked in Bankruptcy for Texas on
Answered on Jan 13, 2019
Timothy Denison's answer
Possibly. Depends on the value of the auto and the equity in it.

Q: If a judge rules against my husband & me in a MSJ, we'll have to file for Bankruptcy Will this affect my license w/FINRA

1 Answer | Asked in Bankruptcy for Texas on
Answered on Dec 29, 2018
Timothy Denison's answer
Filing bankruptcy should not affect your licenses. You can also raise your employers behavior in an adversarial proceeding in the bankruptcy.

Q: If I am on a payment plan already, what happens if I file?

1 Answer | Asked in Bankruptcy for Texas on
Answered on Dec 7, 2018
Timothy Denison's answer
If you file a 7, there is no payment plan and if you file a 13, the 13 plan will control.

Q: My son is in rehab for a gambling addition - can we file bankruptcy for him?

1 Answer | Asked in Bankruptcy for Texas on
Answered on Nov 23, 2018
Timothy Denison's answer
Probably, but you’ll need to contact an experienced local bankruptcy attorney to help you.

Q: I've had a judgement on me revived and now it appears they want to take garnishments. What can I do to stop this, pay?

1 Answer | Asked in Bankruptcy, Consumer Law and Collections for Texas on
Answered on Nov 7, 2018
Timothy Denison's answer
Depending on your divorce settlement agreement, you may get some relief in the divorce court. Depending on your financial situation, you might be able to negotiate a settlement of the amount. Also depending on your financial situation, you might be eligible to file bankruptcy and discharge the debt completely. Talk to a competent bankruptcy attorney asap and see what is your best option.

Q: Discrepancies on Bankruptcy Filings

2 Answers | Asked in Bankruptcy for Texas on
Answered on Oct 26, 2018
Timothy Denison's answer
Yes. You should make the trustee seater of anyfalsehoods in her filing. That is bankruptcy fraud.

Q: Are there penalties for a single creditor who delays a bankruptcy case via multiple claims on the same mortgage ?

2 Answers | Asked in Bankruptcy for Texas on
Answered on Oct 25, 2018
Timothy Denison's answer
It will not delay the case bc the court won’t let it. If he doesn’t file a single claim as directed, it might get treated as unsecured or non priority.

Q: Am on SSD and being sued by debt collectors what can I do? Only one has filed suit against me so far.

1 Answer | Asked in Bankruptcy and Consumer Law for Texas on
Answered on Oct 19, 2018
Timothy Denison's answer
Find a local bankruptcy attorney, file your petition and get some debt relief.

Q: My Husband and I have 2 judgements against us since 2009. It seem they have reinstated another 10yrs. is bankruptcy ?TX

1 Answer | Asked in Bankruptcy for Texas on
Answered on Oct 19, 2018
Timothy Denison's answer
Yes. Depending on your assets (or lack thereof) Chapter 13 or Chapter 7 could resolve this for you.

Q: Paid secured debt in full received title to truck that the main thing to pay off No other secured debt that on payment

1 Answer | Asked in Bankruptcy for Texas on
Answered on Oct 19, 2018
Timothy Denison's answer
More facts need. Not sure what your question is.

Q: A person who owes me a lot of money recently filed for bankruptcy. Will I ever see that money again?

1 Answer | Asked in Bankruptcy for Texas on
Answered on Oct 12, 2018
Timothy Denison's answer
Probably not but you need to have your lawyer look into it before any chance is lost forever.

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