Texas Bankruptcy Questions & Answers
Q: In Texas, should a motion to compel arbitration be included with answer to lawsuit or can it wait?
Being sued by JDB, robo signed lawsuit Im sure. I may file bankruptcy, as I am within means test easily, but would obviously prefer not to do this. I can require arbitration from the original contract to possibly get the JDB to back off, just unsure if motion to compel arbitration should be... Read more »
Include ilarbitration in answer just to be safe.
Q: I am a cosigner on a car and the primary is filing for bankruptcy and i am the person who has been current on the car
What am i suppose to do to keep the car if he files for bankruptcy?
It depends on the lender, but in most cases as long as you continue making payment as required you'll be okay to keep the car. If the lender is Ford, they will probably demand that your cosigner reaffirm the debt. That person would need to talk to their lawyer about that.
Please note that... Read more »
Q: What year was the "Automatic Stay" bankruptcy provision enacted into law?
Answer: A very long time ago; so why do you ask?
Q: I'm in an Bankruptcy Adversary Proceeding for Undue Hardship of my Student Loan. How do I request a Trial Date?
I am not sure if I need to submit a form to the court, or motion. I have not been able to find this information on the web, and the court has told me they cannot provide advice even though I am simply asking a question about a document for the court.
As stated Discovery was complete 3/29/19... Read more »
File a motion for a trial date.
Q: I live in Houston Tx I am in chapter 13 I would like to sell my home and payoff my Bankruptcy How can I do it?
Make a motion in your bankruptcy case to sell the house and get permission from the Court.
Q: If you apply for DMP, and if you are unable to make payment in the future, is ch 7 brankruptcy still an option?
Yes.
Q: My ex husband filed bankruptcy chap. 7 and was discharged from a car payments that were for spousal support.
He told no one that the car was “spousal support “ in our divorce. Isn’t this fraud or legal in his bankruptcy filing.
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... Read more »
Q: How does per diem affect the means test for chapter 7. Is it added in as gross income
Yes.
Q: Will the insurance company rebuild my home or just use the money to payoff a claim?
An explosion caused me both to lose my house and to be liable to a person for her injuries on my property. I am insured for $100k for the house and another 100k for the liability, but the person I am liable to is suing me for well over $200k. Will my home be rebuilt, or will all the money just be... Read more »
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... Read more »
Q: vihicle surrendered in chap. 7 can I create debt for vihicle within the 2 month period after trustee meeting
filled 12/11/2018, trustee meeting 1/9/2019, vihicle will be surrendered 2/24/2019. can I create loan now with first payment after 3/9/2019
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... Read more »
Q: Can you keep your vehicle in Chapter 7 bankruptcy? Still paying for vehicle and owe a year and half.
Possibly. Depends on the value of the auto and the equity in it.
Q: If I file for bankruptcy to avoid foreclosure will my debt be the full price of the mortgage or the amount I am behind?
I bought a house with my sister and she took a mortgage payment and left me high and dry. It takes me a full month to get a payment because I am behind and they will not take partial payments. I do not want to lose my home. I am 6mo behind
Full price of mortgage.
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
I reported my employer for corporate theft & sexual harassment to a "confidential" 3rd party Ethics group. The "Ethics" group called my employer directly & told him exactly what I said. The employer then fired me, did not renew my loan that I had with the bank (for whom I was working @ the time) &... Read more »
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?
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?
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?
This credit issue was with my ex husband over 10 years ago and he had gambling issues and took advantage of my credit at the end of our marriage. At that time I didn't know, moved away, and was not aware of any cases against me until years later when I try to purchase a home.
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... Read more »
Q: Divorce w/ Home but loan in my name alone but ex is supposed to pay note unit sold but I want to + 2 my bankruptcy can I
In my divorce my ex was to pay the mortgage monthly until it’s sold. I want to file bankruptcy and the loan for the home is in my name alone. Can I file and put the house in my bankruptcy?
Yes.
Q: Discrepancies on Bankruptcy Filings
.
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 ?
The Chapter 13 bankruptcy case I’m referring to has a creditor (mortgage lender) who has made multiple claims on 1 mortgage. The court has ordered the creditor to submit one correct claim.
If the creditor drags the case on longer because of this, is there a penalty for the creditor?... Read more »
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.
I can try to use some of my SSD money if I give up my medication and live in my car to pay them.
Find a local bankruptcy attorney, file your petition and get some debt relief.
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