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Texas Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Texas on
Q: Can I add a creditor I forgot on my chapter 7 bankruptcy petition even though I filed on the 6th of January? If so, how?
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 23, 2020

Yes you can amend and add a creditor better to do so as soon as possible. It's necessary to do new declaration statements, etc. though so you should carefully review all the steps. This is a general forum and not meant to give specific details. You're better off paying an attorney a fee to visit... Read more »

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2 Answers | Asked in Bankruptcy for Texas on
Q: Is it standard to only have to file 60 days of pay statements with your chapter 7 BK petition?

I've been reading that you may have to file bank statements, tax returns, etc. I was only told that I needed to file the 60 days of pay statements for my wife and I with the petition and so I did.

Timothy Denison
Timothy Denison answered on Jan 17, 2020

It varies from district to district. If they require more, they will let you know.

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1 Answer | Asked in Bankruptcy and Foreclosure for Texas on
Q: WHAT DOES A REVERSED AND VACATED MEAN AT THE CAVC
Timothy Denison
Timothy Denison answered on Jan 17, 2020

It means a judgment or order was set aside.

2 Answers | Asked in Bankruptcy for Texas on
Q: Does reaffirming a car debt help in building credit after the discharge? or is it best to not reaffirm?

I know reaffirmation makes you responsible for the debt. However, if it helps build credit quicker it might be worth it.

Timothy Denison
Timothy Denison answered on Jan 6, 2020

If you’re not upside down on the car, you should probably reaffirm bc it will help the credit. However, if you owe. Lot more than the car is worth, you probably should not rraffirm bc it’s not that valuable if you’re upside down. There are other ways to build your credit.

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3 Answers | Asked in Bankruptcy for Texas on
Q: Should I add a petitioning lawyer to my BK creditor list when being sued? I'm filing at the end of December.

This is the lawyer that represents one of the credit unions that I had a loan through.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 18, 2019

If they have a different address you can send notice to them; however, they are not the creditor.

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1 Answer | Asked in Employment Law, Tax Law and Bankruptcy for Texas on
Q: If a state employee knowing filed personal income tax returns under the wrong filing status can they be terminated
Timothy Denison
Timothy Denison answered on Dec 13, 2019

Probably not but they will have to amend the return.

2 Answers | Asked in Bankruptcy, Banking and Collections for Texas on
Q: I enrolled in a debt relief program and now I am getting sued by one of the cards that I enrolled in this program. Help!

I enrolled in a debt relief program and advised me to stop paying the credit card that I transferred to this program. I have not missed a payment since I enrolled and I am in good standing. Now, one of the cards is suing me for not paying and the debt relief program said that they can not give... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 10, 2019

A debt relief program does not mean the creditor has to stop collection activity on you. I suggest you speak to a debtor's attorney regarding your options as soon as possible.

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2 Answers | Asked in Bankruptcy for Texas on
Q: I am senior on SS, I need to file bankruptcy

The mortgage raised my payments, and I can't make them, I don't want to lose my home

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 6, 2019

Hello - I answered this question already in another section.

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2 Answers | Asked in Bankruptcy for Texas on
Q: Can i get someone to help me, I need to file bankruptcy, like now, no one will answer me, i have been trying

I am a senior on SS, the mortgage raised my payments, and I can't pay them, i am in danger of losing my home, I have been trying for weeks to get someone to help me

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 6, 2019

If the mortgage raised your payments due to your taxes being escrowed make sure your taxing authority knows you're a senior so that your tax bracket is frozen and won't increase each year. You might file a chapter 7 bankruptcy to get rid of unsecured debt like credit cards and medical debt which... Read more »

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2 Answers | Asked in Bankruptcy for Texas on
Q: Do you do bankruptcy on mortgages? the mortgage company raised my payments 300.00 more, I can't pay this amount,

The company won't work with at all, I am scared to lose my home, I am a senior on SS, I have no choice but to file

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 26, 2019

When you file bankruptcy for a mortgage it is generally a Chapter 13 to include the mortgage payments into the Chapter 13 payment - which means you have to be able to afford your regular monthly mortgage payment plus a Chapter 13 bankruptcy payment - you cannot just discharge a mortgage payment.... Read more »

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3 Answers | Asked in Bankruptcy and Real Estate Law for Texas on
Q: 1 week away from closing. Title company won't move forward. House is already sold and buyer waiting.

We have the letter - from the Trustee: Chapter 7 Trustee's Report of No Distribution. Our Attorney states this is enough. Attorney is in car accident and on 3-week medical leave. Title company says the letter isn't enough but no real good explanation as to why. Maybe it's because the address... Read more »

Clark Dray
Clark Dray answered on Nov 23, 2019

Title companies often screw up bankruptcy questions, but I think they're right here. Until the case is closed, the home remains property of the bankruptcy estate and isn't yours to sell. The Trustee's Report of No Distribution doesn't affect this. Maybe there's a different view on this topic on... Read more »

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1 Answer | Asked in Bankruptcy, Identity Theft and Small Claims for Texas on
Q: I was a victim of an online scam that pretended to be a job, they scammed me and a buyer on PayPal and now I am in debt.

I was a victim of an internet scam where they claimed to be a job, and my job was to be a representative for a company called Megameda.pl, which is a huge auction site. I did research and I found out they were lying the whole time and were using my information to scam people this way it landed all... Read more »

Timothy Denison
Timothy Denison answered on Nov 23, 2019

Report this to the authorities and let them investigate and pursue it for you. That way, you’ll be protected if anyone ever comes back to you for payment.

1 Answer | Asked in Bankruptcy for Texas on
Q: I still owe in my chapter 13 My case is closing and I won't receive discharge. What can I do?

My job didn't take out enough and the Trustee never let me know

Timothy Denison
Timothy Denison answered on Nov 18, 2019

That’s not your jobs fault. That’s either the trustee or your attorneys fault. If the plan was less than 5 years, it can be extended.

2 Answers | Asked in Bankruptcy for Texas on
Q: Can I add a cover letter with additional information for the trustee when filing my chapter 7 petition?

If so, do I just place it on top when filing?

David Gormley
David Gormley answered on Nov 16, 2019

You probably just want to send the cover letter with the document production you send the Trustee after the case is filed.

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2 Answers | Asked in Bankruptcy for Texas on
Q: Can I file a typed cover letter with my chapter 7 petition? I would like to explain some additional items.

If so, do I just put it on top of the paperwork or does it need to go in a specific place?

Timothy Denison
Timothy Denison answered on Nov 16, 2019

It really should go in the remarks section for the debt to which it pertains!!

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2 Answers | Asked in Bankruptcy, Divorce and Collections for Texas on
Q: Can an X-Spouse discharge a debt in Ch. 7 if the Divorce Decree states a specific debt can not be discharged in Bkrptcy?

URGENT: I’m in divorce final mediation... The respondent has made an offer to settle equity in property & has agreed to not include a specific debt in a Ch. 7 bankruptcy that he plans to file. Is it bankruptcy fraud if he agreed in final divorce decree to not discharge one specific debt listed... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 14, 2019

This is a mixture of State and Federal law. Bankruptcy law states you must list all debt in your name and a creditor doesn't care who it got assigned to in a divorce decree; all they care about is who took out the obligation to pay the debt in the first place - that is who they will seek to hold... Read more »

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2 Answers | Asked in Bankruptcy for Texas on
Q: I am about to File Chapter 7 in a few months. I recently purchased about $2500 worth of products from Conn's with their

"YES Money" Installment Financing. Can I include this in my bankruptcy?

Timothy Denison
Timothy Denison answered on Oct 30, 2019

Yes, but depending on when you file, you may have to pay it back.

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1 Answer | Asked in Bankruptcy for Texas on
Q: If I have a total income of $6659 on the means test with $1422 leftover after expenses, would I pass the means test TX

The median for family of 4 is $83,460.

Timothy Denison
Timothy Denison answered on Oct 28, 2019

Depends on IRS median allowances for that state as well as family size and other variables.

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