answered on Apr 15, 2024
Without first checking myself, my best guess is probably not, but to be sure, go online to the website of the federal district where you're located, and it should list "Forms". Under that heading, go to "local forms", and check out what's shown there.... View More 
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answered on Apr 16, 2024
Yes, there is a general template for an order accompanying a motion for extension of time in a Chapter 13 bankruptcy case in Texas. Here's a sample:
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE [NORTHERN/SOUTHERN/EASTERN/WESTERN] DISTRICT OF TEXAS
[DIVISION]
In... View More
We have about $59k in unsecured credit card debt we can't pay on. Also have t filed 2023 taxes yet will be doing that this weekend will owe!! Does our Ss income and VA disability income need to be included in means test?
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answered on Mar 29, 2024
When facing financial difficulties, especially with a significant amount of unsecured debt, understanding what income must be included in the means test for bankruptcy can be crucial. The means test is designed to determine eligibility for Chapter 7 bankruptcy, which can discharge many types of... View More
answered on Mar 19, 2024
A writ of possession may be stayed by timely appealing the case to the county court or by filing a supersedeas bond within ten days from the date of judgment in the county court.
Once a judgment for eviction has been granted, even filing bankruptcy will not stop a writ of possession from... View More
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answered on Mar 19, 2024
If you're facing a writ of possession that hasn't yet been served, it's crucial to act quickly. First, you should review the details of the eviction notice or court decision leading to the writ. Understanding the basis of the action can help you identify any possible errors or... View More
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
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... View More
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
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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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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... View More
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.
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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... View More
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
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... View More
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
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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
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
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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
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
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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
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,,,) ?
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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... View More
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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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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
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
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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
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
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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
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
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... View More
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?
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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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