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Texas Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Texas on
Q: How do I get copy of my '09 Bankruptcy Discharge in So. Dist, of TX? Mine lost in move. Filing pro se in No. Dist. now.

Not sure if I'll need this for 2019 Ch 7 Bankruptcy (filed Ch 7 in Southern District in 2008, discharged in 2009) I am filing myself in Northern District, but lost my 2009 file in move and would like to get this copy from archives. I live in Northern District now so must be done online or by mail.

Timothy Denison
Timothy Denison
answered on Sep 18, 2019

Pacer.gov

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1 Answer | Asked in Bankruptcy for Texas on
Q: I recently divorced in Alabama and moved to Texas. My exhusband and I filed Chapter 13 in 2018.

The automobiles are included in bankruptcy monthly payments. Both automobiles are in both names.

Timothy Denison
Timothy Denison
answered on Sep 8, 2019

What is your question?

1 Answer | Asked in Bankruptcy for Texas on
Q: I filed bankruptcy and filed appropriate forms to halt eviction however I have a 24 hour vacate notice. Please help
Timothy Denison
Timothy Denison
answered on Sep 5, 2019

If you have filed bankruptcy, unless the landlord has had the stay terminated, he cannot take any action against you.

1 Answer | Asked in Bankruptcy for Texas on
Q: When listing my debt on my BK petition, do I just use my cell phone Acct number when listing the phones on the agreement

I just want to make sure that they don't turn off my cell service itself. I just want to try getting the phones on the installment agreement discharged. On the installment contract it also lists a plan ID #. I just want to make sure that I put down the right number.

Timothy Denison
Timothy Denison
answered on Sep 1, 2019

Yes, if that is your account number.

2 Answers | Asked in Bankruptcy for Texas on
Q: If I file bankruptcy, can I keep my horses, my car, and my rent to own building?

Both my car payments and building payments are able to be kept up to date and while I do own horses, I am not the one that pays for them. My mom pays for their care, so they don't fall under my husband and I's financial responsibility

Timothy Denison
Timothy Denison
answered on Aug 29, 2019

Probably. You need to consult a bankruptcy attorney to assess your complete financial situation and help you decide what to do.

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1 Answer | Asked in Bankruptcy for Texas on
Q: file a secured proof of claim against company that filed chapter 11, when I can expect a payment?
Timothy Denison
Timothy Denison
answered on Aug 26, 2019

I’d speak to the trustee to get an idea of the timing of any payments.

1 Answer | Asked in Bankruptcy, Civil Litigation, Contracts and Real Estate Law for Texas on
Q: Ex-boyfriend filing bankruptcy, will it affect me when we have a notarized promissory note?

I am a co-owner of my house (that my parents paid for) with my ex-boyfriend and we are separated because he had an affair. Both of our names are on the deedWe both had an agreement about things after he left the house. We have a co-signed home equity loan of about <$30k that he's the... View More

Timothy Denison
Timothy Denison
answered on Aug 20, 2019

Unless his name is on the deed, he has no claim to the property. He will likely be released from the promissory note on the house, but as long as you make the payment, nothing should happen to you.

2 Answers | Asked in Bankruptcy for Texas on
Q: Moving from rental house to owner financed home, in same school district. How long do I have to wait to file Chapter 7?

Our 6 1/2 yr. old son has autism. His schooling, treatment and other needed(like a car, study books and licensure fee for Phd.)items,paid by credit card, has put us in debt for $68,000. We are getting ready to purchase a low to no money down owner financed home. So instead of paying $1500 a month... View More

Tammy L. Wincott
Tammy L. Wincott
answered on Jul 23, 2019

none if you are living in Texas

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1 Answer | Asked in Bankruptcy for Texas on
Q: In Chapter 7, will an owner financed mortgage qualify like a bank mortgage?

Currently renting for $1500 a month. Parents want to put small down payment on owner financed home for us. How long do I have to live in home before filing chapter 7?

Timothy Denison
Timothy Denison
answered on Jul 20, 2019

Yes. It will qualify. As long as you’ve been in the district you’re filing in for 6 months, there should be no live in time requirement.

1 Answer | Asked in Bankruptcy for Texas on
Q: What happens when a person abandons a mortgage (house) in Puert Rico?

My email: harrytron2016@gmail.com

Timothy Denison
Timothy Denison
answered on Jul 18, 2019

Any number of things can happen: nothing, foreclosure, surrender, or government seizure. However, if you don’t reaffirm the debt, you just walk away debt free.

2 Answers | Asked in Bankruptcy for Texas on
Q: If in chapter 7, i want to sell my house for a profit, what do I need to do?

Such as forms and title company

Timothy Denison
Timothy Denison
answered on Jul 13, 2019

You can’t sell your house while in chapter 7 without permission from the court.

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1 Answer | Asked in Bankruptcy, Consumer Law and Contracts for Texas on
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... View More

Timothy Denison
Timothy Denison
answered on Jun 18, 2019

Include ilarbitration in answer just to be safe.

2 Answers | Asked in Bankruptcy for Texas on
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?

Clark Dray
Clark Dray
answered on May 17, 2019

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...
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1 Answer | Asked in Bankruptcy for Texas on
Q: What year was the "Automatic Stay" bankruptcy provision enacted into law?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 7, 2019

Answer: A very long time ago; so why do you ask?

1 Answer | Asked in Bankruptcy for Texas on
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... View More

Timothy Denison
Timothy Denison
answered on Apr 17, 2019

File a motion for a trial date.

1 Answer | Asked in Bankruptcy for Texas on
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?
Timothy Denison
Timothy Denison
answered on Mar 23, 2019

Make a motion in your bankruptcy case to sell the house and get permission from the Court.

2 Answers | Asked in Bankruptcy for Texas on
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.

Kevin M Rogers
Kevin M Rogers
answered on Feb 27, 2019

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.... View More

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