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 »
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 »
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.
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
If you pay it off early, it terminates early.
In addition she wants all the cash in my personal Acct from the Stimulus check. Is this government funding exempt?
It should be exempt. Most trustees are not pursuing this government aid.
I already paid him 400.00 and still owe him 1300.00 is he allowed to do my bankruptcy
He can file your Petition in the proper bankruptcy court if he is licensed in same.
We are divorced. The house is being leased.
He would administer the estate just like in every other case.
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 »
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.
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 »
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.
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 »
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.
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
You should receive your stimulus check as well. They are just now beginning to send out the checks.
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 »
Burden of proof is on the claimant. He has to prove he paid you. He needs proof and his word won’t do.
Contact your local bar association or legal aid society. They maintain a list of attorneys who can help you.
The stimulus payment would be considered post-petition. Will the Trustee try to recover it to pay back my creditors/debts.
No. You should get the stimulus check.
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 »
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.
No. Not as long as you continue to pay for the car.
I know it's considered estate money according to the bankruptcy law but unclear about the IRS refund question.
Yes, unless you exempted it when you filed your petition.
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 »
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 »
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
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.
Give or take, about 30 days, yes.
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.
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.
Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.
