Ask a Question

Get free answers to your Bankruptcy legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Texas Bankruptcy Questions & Answers
3 Answers | Asked in Insurance Defense, Bankruptcy and Personal Injury for Texas on
Q: Will the insurance company rebuild my home or just use the money to payoff a claim?

An explosion caused me both to lose my house and to be liable to a person for her injuries on my property. I am insured for $100k for the house and another 100k for the liability, but the person I am liable to is suing me for well over $200k. Will my home be rebuilt, or will all the money just be... View More

Timothy Denison
Timothy Denison
answered on Feb 5, 2019

They may pay the money into escrow and then let the court decide who gets the money in the underlying suit or they may pay you directly for the loss, given the fact that the claim against you is disputed and unliquidated. It’s really up to the insurance company.

View More Answers

3 Answers | Asked in Bankruptcy for Texas on
Q: vihicle surrendered in chap. 7 can I create debt for vihicle within the 2 month period after trustee meeting

filled 12/11/2018, trustee meeting 1/9/2019, vihicle will be surrendered 2/24/2019. can I create loan now with first payment after 3/9/2019

John Martin Hilla
John Martin Hilla
answered on Jan 24, 2019

It's not quite clear what you're asking. Are you asking whether you can buy a new car within 2 months of your 341 Meeting of Creditors?

The first response is always that you should pose this question to the attorney that you hired to assist you with your bankruptcy case. I...
View More

View More Answers

2 Answers | Asked in Bankruptcy for Texas on
Q: Can you keep your vehicle in Chapter 7 bankruptcy? Still paying for vehicle and owe a year and half.
Timothy Denison
Timothy Denison
answered on Jan 13, 2019

Possibly. Depends on the value of the auto and the equity in it.

View More Answers

1 Answer | Asked in Bankruptcy and Foreclosure for Texas on
Q: If I file for bankruptcy to avoid foreclosure will my debt be the full price of the mortgage or the amount I am behind?

I bought a house with my sister and she took a mortgage payment and left me high and dry. It takes me a full month to get a payment because I am behind and they will not take partial payments. I do not want to lose my home. I am 6mo behind

Timothy Denison
Timothy Denison
answered on Jan 7, 2019

Full price of mortgage.

1 Answer | Asked in Bankruptcy for Texas on
Q: If a judge rules against my husband & me in a MSJ, we'll have to file for Bankruptcy Will this affect my license w/FINRA

I reported my employer for corporate theft & sexual harassment to a "confidential" 3rd party Ethics group. The "Ethics" group called my employer directly & told him exactly what I said. The employer then fired me, did not renew my loan that I had with the bank (for whom... View More

Timothy Denison
Timothy Denison
answered on Dec 29, 2018

Filing bankruptcy should not affect your licenses. You can also raise your employers behavior in an adversarial proceeding in the bankruptcy.

1 Answer | Asked in Bankruptcy for Texas on
Q: If I am on a payment plan already, what happens if I file?
Timothy Denison
Timothy Denison
answered on Dec 7, 2018

If you file a 7, there is no payment plan and if you file a 13, the 13 plan will control.

1 Answer | Asked in Bankruptcy for Texas on
Q: My son is in rehab for a gambling addition - can we file bankruptcy for him?
Timothy Denison
Timothy Denison
answered on Nov 23, 2018

Probably, but you’ll need to contact an experienced local bankruptcy attorney to help you.

1 Answer | Asked in Bankruptcy, Consumer Law and Collections for Texas on
Q: I've had a judgement on me revived and now it appears they want to take garnishments. What can I do to stop this, pay?

This credit issue was with my ex husband over 10 years ago and he had gambling issues and took advantage of my credit at the end of our marriage. At that time I didn't know, moved away, and was not aware of any cases against me until years later when I try to purchase a home.

Timothy Denison
Timothy Denison
answered on Nov 7, 2018

Depending on your divorce settlement agreement, you may get some relief in the divorce court. Depending on your financial situation, you might be able to negotiate a settlement of the amount. Also depending on your financial situation, you might be eligible to file bankruptcy and discharge the... View More

2 Answers | Asked in Bankruptcy for Texas on
Q: Divorce w/ Home but loan in my name alone but ex is supposed to pay note unit sold but I want to + 2 my bankruptcy can I

In my divorce my ex was to pay the mortgage monthly until it’s sold. I want to file bankruptcy and the loan for the home is in my name alone. Can I file and put the house in my bankruptcy?

Timothy Denison
Timothy Denison
answered on Oct 30, 2018

Yes.

View More Answers

2 Answers | Asked in Bankruptcy for Texas on
Q: Discrepancies on Bankruptcy Filings

.

Timothy Denison
Timothy Denison
answered on Oct 26, 2018

Yes. You should make the trustee seater of anyfalsehoods in her filing. That is bankruptcy fraud.

View More Answers

2 Answers | Asked in Bankruptcy for Texas on
Q: Are there penalties for a single creditor who delays a bankruptcy case via multiple claims on the same mortgage ?

The Chapter 13 bankruptcy case I’m referring to has a creditor (mortgage lender) who has made multiple claims on 1 mortgage. The court has ordered the creditor to submit one correct claim.

If the creditor drags the case on longer because of this, is there a penalty for the creditor?... View More

Timothy Denison
Timothy Denison
answered on Oct 25, 2018

It will not delay the case bc the court won’t let it. If he doesn’t file a single claim as directed, it might get treated as unsecured or non priority.

View More Answers

1 Answer | Asked in Bankruptcy and Consumer Law for Texas on
Q: Am on SSD and being sued by debt collectors what can I do? Only one has filed suit against me so far.

I can try to use some of my SSD money if I give up my medication and live in my car to pay them.

Timothy Denison
Timothy Denison
answered on Oct 19, 2018

Find a local bankruptcy attorney, file your petition and get some debt relief.

1 Answer | Asked in Bankruptcy for Texas on
Q: My Husband and I have 2 judgements against us since 2009. It seem they have reinstated another 10yrs. is bankruptcy ?TX

Is bankruptcy and option?

Timothy Denison
Timothy Denison
answered on Oct 19, 2018

Yes. Depending on your assets (or lack thereof) Chapter 13 or Chapter 7 could resolve this for you.

1 Answer | Asked in Bankruptcy for Texas on
Q: Paid secured debt in full received title to truck that the main thing to pay off No other secured debt that on payment

Can I stop paying or can they take title back

Timothy Denison
Timothy Denison
answered on Oct 19, 2018

More facts need. Not sure what your question is.

1 Answer | Asked in Bankruptcy for Texas on
Q: A person who owes me a lot of money recently filed for bankruptcy. Will I ever see that money again?
Timothy Denison
Timothy Denison
answered on Oct 12, 2018

Probably not but you need to have your lawyer look into it before any chance is lost forever.

1 Answer | Asked in Bankruptcy, Foreclosure and Real Estate Law for Texas on
Q: Can def file a mt to vacate jud or motion for rehearing in a fed civil case after judge accepts the magistrate report?

Judge hasn't posted a final judgment yet. And if a defendant can file a motion to vacate or a motion for a rehearing based on error in judgment contrary to the law can new evidence be introduced in that motion? This is a federal foreclosure case for home equity loan

Timothy Denison
Timothy Denison
answered on Sep 28, 2018

Yes. He can.

1 Answer | Asked in Bankruptcy for Texas on
Q: In ch13 & every time make more money payment is raised,went for annual review and payment this time is unaffordable

I can't afford it this time, what is % that they keep raising it and what to do if can't pay new amount

Timothy Denison
Timothy Denison
answered on Sep 27, 2018

Look into. Inverting tow chapter 7.

1 Answer | Asked in Bankruptcy for Texas on
Q: Ive been unemployed for 3 months. I’ve used all of my savings. If I withdraw money from my 401 k will I not qualify

For bankruptcy

Timothy Denison
Timothy Denison
answered on Sep 23, 2018

You should file first but you will still be eligible for bankruptcy.

1 Answer | Asked in Bankruptcy for Texas on
Q: Can i amend my Bankruptcy after it is dismissed?
Timothy Denison
Timothy Denison
answered on Sep 16, 2018

No. If it has been dismissed, yu will have to file a new petition.

1 Answer | Asked in Bankruptcy, Contracts, Criminal Law and Family Law for Texas on
Q: This man is innoecent and he needs a retrail
Timothy Denison
Timothy Denison
answered on Sep 16, 2018

Contact your local Department of Public Advocacy and the Innocence Project for help.

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.