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Texas Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Texas on
Q: I have a judgement of over $46,000 The debtor has an exempt real estate asset yet filed chapter 13

He is not passed due on other creditors , he simply doesn't want to sale this asset worth 175 K + and filed chapter 13 it is not his homestead it is an inherited house and 1.28 acres. When the court ordered the judgment he transferred the deed to his wife when he learned that is illegal he... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 15, 2024

You seem to describe an argument simply between two persons, a debtor and a creditor.

There are ample cases on the books that say that such a case serves no bankruptcy purposes and should be dismissed. The US Trustee likewise appears to dislike such cases, and often files a Motion to...
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2 Answers | Asked in Bankruptcy for Texas on
Q: I have a judgement of over $46,000 The debtor has an exempt real estate asset yet filed chapter 13

He is not passed due on other creditors , he simply doesn't want to sale this asset worth 175 K + and filed chapter 13 it is not his homestead it is an inherited house and 1.28 acres. When the court ordered the judgment he transferred the deed to his wife when he learned that is illegal he... View More

James L. Arrasmith
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answered on Mar 16, 2024

Given the complexity of your situation, it's crucial to consult with an attorney experienced in bankruptcy and debt collection laws. They can guide you through the specific challenges of dealing with debtors who declare Chapter 13 bankruptcy, especially when there are actions that might be... View More

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1 Answer | Asked in Bankruptcy for Texas on
Q: Need to file chapter 13 but can only afford payments
James L. Arrasmith
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answered on Mar 13, 2024

I understand you are considering filing for Chapter 13 bankruptcy but are concerned about being able to afford the payments. Here is some information that may be helpful:

• Chapter 13 bankruptcy allows you to reorganize and repay debts over 3-5 years. You make monthly payments to a...
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1 Answer | Asked in Bankruptcy for Texas on
Q: Vehicle repossessed after failed bankruptcy, possible to recover?

Hello,

Due to financial hardship, my Chapter 13 bankruptcy was dismissed with prejudice and my vehicle has been repossessed. It's probably not possible but are there any last resorts I could explore to get my vehicle back? Thank you for your time.

James L. Arrasmith
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answered on Mar 13, 2024

I'm sorry to hear about your financial hardship and the repossession of your vehicle. While it may be challenging to recover your vehicle after a dismissed Chapter 13 bankruptcy, there are a few potential options you could explore:

1. Redemption: You may be able to redeem your vehicle...
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3 Answers | Asked in Bankruptcy for Texas on
Q: Should I go ahead and file a proof of claim or should I wait to see what the trustee is going to do?

The chapter 13 trustee is aware that I was intentionally left off the creditor’s list and appears to be planning to take action since he has hired a trial attorney for the case. Should I go ahead and file my proof of claim (potentially tipping off the debtor) or should I wait to see what action... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 1, 2024

Without question, honesty is the best policy in any Court, and the Bankruptcy Court in particular.

The benefit, if any, to an omitted (from the Debtor's filings) creditor is that its debt/claim is not going to be discharged, UNLESS that creditor knew or should have known of the...
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3 Answers | Asked in Bankruptcy for Texas on
Q: Should I go ahead and file a proof of claim or should I wait to see what the trustee is going to do?

The chapter 13 trustee is aware that I was intentionally left off the creditor’s list and appears to be planning to take action since he has hired a trial attorney for the case. Should I go ahead and file my proof of claim (potentially tipping off the debtor) or should I wait to see what action... View More

James L. Arrasmith
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answered on Mar 4, 2024

In a Chapter 13 bankruptcy case, filing a proof of claim is an essential step for creditors wishing to receive distributions from the debtor's repayment plan. If you were intentionally left off the creditor's list, your proactive approach in protecting your interests is understandable.... View More

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2 Answers | Asked in Bankruptcy, Consumer Law, Car Accidents and Civil Litigation for Texas on
Q: How can I get a suspended license for a lien taken off of me? I can't get another DL in another state correct?

I was told to do an SR-88 but how can I lower the payment? It's also accruing interest which to me is ridiculous! I need suggestions. TIA

T. Augustus Claus
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answered on Feb 1, 2024

To address a suspended license due to a lien, you'll typically need to satisfy the underlying debt or resolve the issue causing the suspension. Initiating an SR-88 form, also known as a Petition for Reinstatement of Driver's License, is a common step in this process. This form allows you... View More

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2 Answers | Asked in Bankruptcy, Consumer Law, Car Accidents and Civil Litigation for Texas on
Q: How can I get a suspended license for a lien taken off of me? I can't get another DL in another state correct?

I was told to do an SR-88 but how can I lower the payment? It's also accruing interest which to me is ridiculous! I need suggestions. TIA

James L. Arrasmith
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answered on Feb 4, 2024

To address a suspended license due to a lien and prevent it from affecting your ability to obtain a driver's license in another state, it's crucial to directly engage with the agency or court that issued the lien. They can provide specific guidance on your situation and the steps needed... View More

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1 Answer | Asked in Bankruptcy for Texas on
Q: Can bank repossess or enforce the claim against the property secured by UCC statement without court judgement ?

My business have a loan with a bank. Bank files an UCC lien with all business assets.

Also, If I signed a personal guaranty, can the bank goes after my personal bank account and personal assets (Trucks, appliances,,,) ?

James L. Arrasmith
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answered on Jan 26, 2024

Yes, a bank can repossess or enforce a claim against property secured by a UCC statement without a court judgment in many cases. Here are some key points:

- The UCC (Uniform Commercial Code) allows secured creditors, like banks, to take possession of collateral securing a loan if the...
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3 Answers | Asked in Bankruptcy for Texas on
Q: What if I don’t disclose I get snap benefits. Does the trustee finds out later once filed. Why does it make a big differ
Martha Warriner Jarrett
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answered on Jan 22, 2024

I can think of no reason for not disclosing SNAP benefits. Disclosure is required, under penalty of perjury. If you receive SNAP benefits, your income is probably low enough that the inclusion of the benefits, as part of that income, is not going to affect your ability to file chapter 7. Under no... View More

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3 Answers | Asked in Bankruptcy for Texas on
Q: What if I don’t disclose I get snap benefits. Does the trustee finds out later once filed. Why does it make a big differ
James L. Arrasmith
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answered on Jan 23, 2024

When filing for bankruptcy, it's important to disclose all assets and income sources, including SNAP benefits. This is because the bankruptcy trustee has the responsibility to review your financial situation comprehensively to ensure fair treatment of your creditors and compliance with... View More

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2 Answers | Asked in Bankruptcy for Texas on
Q: Ch 13 bnkrptcy received letter: motion to dismiss or in the alt. reduce attorney fees for failure to obtain confirmation

Confirmation has been denied. What does this even mean? Hearing is like 2 months away to motion to dismiss. Im not really understanding the reason or what is going on

James L. Arrasmith
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answered on Jan 23, 2024

In a Chapter 13 bankruptcy case, receiving a motion to dismiss or alternatively reduce attorney fees due to failure to obtain confirmation can be concerning. Confirmation refers to the court approving your repayment plan. If confirmation is denied, it means the court has not approved your plan as... View More

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3 Answers | Asked in Bankruptcy for Texas on
Q: Do I have to disclose to Bankruptcy chap 7 Trustee the receivable deposited in my account after Bankruptcy is filed ?

For Trucking Company, Load was hauled before Bankruptcy is filed, but broker take 30 to 45 days to pay. In the meantime, Company is shut down and Bankruptcy chap 7 is filed. 30 days later, fund from hauled load is deposited in the account.

Is the fund free from bankruptcy ? Or, do I have... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 20, 2024

This is a pretty simple question.

The bankrupt should have identified the receivable in its sworn bankruptcy schedules, which are painstakingly thorough.

If it did, then the Bankruptcy Trustee should be aware, and the payment should be tendered to that Trustee.

If for some...
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3 Answers | Asked in Bankruptcy for Texas on
Q: Do I have to disclose to Bankruptcy chap 7 Trustee the receivable deposited in my account after Bankruptcy is filed ?

For Trucking Company, Load was hauled before Bankruptcy is filed, but broker take 30 to 45 days to pay. In the meantime, Company is shut down and Bankruptcy chap 7 is filed. 30 days later, fund from hauled load is deposited in the account.

Is the fund free from bankruptcy ? Or, do I have... View More

James L. Arrasmith
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answered on Jan 23, 2024

In a Chapter 7 bankruptcy, it is essential to disclose all assets and income, including receivables that are due to you. The fact that the load was hauled before the bankruptcy was filed but the payment was received afterwards is a crucial detail. This income is considered part of the bankruptcy... View More

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2 Answers | Asked in Bankruptcy for Texas on
Q: Ch 7 Redeeming a Vehicle

I am filing a motion to redeem my vehicle. I have come up with a value. Before I file the motion should I call the lender and inform them what I’m doing and the value I came up with or just file and send lender my filing motion with values as part of the notice requirement?

T. Augustus Claus
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answered on Jan 11, 2024

Before filing a motion to redeem your vehicle under Chapter 7 bankruptcy, it's generally advisable to communicate with the lender to inform them of your intention and the value you've assigned to the vehicle. Open communication can sometimes lead to smoother negotiations and may increase... View More

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2 Answers | Asked in Bankruptcy for Texas on
Q: Ch 7 Redeeming a Vehicle

I am filing a motion to redeem my vehicle. I have come up with a value. Before I file the motion should I call the lender and inform them what I’m doing and the value I came up with or just file and send lender my filing motion with values as part of the notice requirement?

James L. Arrasmith
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answered on Jan 12, 2024

When you're preparing to file a motion to redeem a vehicle in a Chapter 7 bankruptcy case, it's often beneficial to first communicate with your lender about your intention and the value you've determined for the vehicle. This step can open the door for negotiation and might lead to... View More

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2 Answers | Asked in Bankruptcy for Texas on
Q: Ch. 7 I originally completed the statement of intention form and chose to reaffirm my auto loan. I now want to redeem.

If I file a motion to redeem do I need to submit an amended statement of intent form changing to Redeem or will the motion suffice?

James L. Arrasmith
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answered on Jan 12, 2024

If you initially chose to reaffirm your auto loan in your Chapter 7 bankruptcy case and now wish to redeem the vehicle instead, it's typically necessary to file an amended Statement of Intentions to reflect this change. The Statement of Intentions communicates to the court and your creditors... View More

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3 Answers | Asked in Bankruptcy for Texas on
Q: Ch. 7 - Redeeming Auto

I have three appraisals from Kelly Blue Book, NADA and CarMax. Will court use the values from these entities or do I need to use a certified auto appraiser?

Martha Warriner Jarrett
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answered on Jan 11, 2024

It depends on your trustee, but I've never had one challenge Kelly Blue Book, so don't waste your money on a more formal appraisal unless your car is in really bad shape, making it worth (in your opinion), less than the lowest blue book value. Also, so long as your equity in the car is... View More

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3 Answers | Asked in Bankruptcy for Texas on
Q: Ch. 7 - Redeeming Auto

I have three appraisals from Kelly Blue Book, NADA and CarMax. Will court use the values from these entities or do I need to use a certified auto appraiser?

James L. Arrasmith
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answered on Jan 12, 2024

In a Chapter 7 bankruptcy case, when redeeming an auto, appraisals from sources like Kelly Blue Book, NADA, and CarMax are often considered credible and can be used to determine the vehicle's value. These sources are widely recognized and provide a good indication of the current market value... View More

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2 Answers | Asked in Bankruptcy for Texas on
Q: File motion to redeem auto. I originally filled out form 108 and chose to reaffirm my auto loan. I now want to amend

Form 108 and redeem the vehicle. I owe more than the car is worth. I have three appraisals from Kelly Blue Book, NADA and CarMax ranging from $1200 to $1440. My check engine light is on and believe I need a new catalytic converter which would further reduce the value. Question. Will these... View More

James L. Arrasmith
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answered on Jan 12, 2024

When filing a motion to redeem an auto in bankruptcy, using appraisals from sources like Kelly Blue Book, NADA, and CarMax can be a practical approach to establish the vehicle's current market value. These appraisals are commonly recognized and often accepted in bankruptcy proceedings, but... View More

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