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Texas Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Texas on
Q: I have a car in the shop before I filed bankruptcy chapter 13. I can't afford to get it out. Will they keep my car?
Timothy Denison
Timothy Denison
answered on Jun 6, 2018

You may be able to svoid the lien in bankruptcy court. Consult an experienced bankruptcy attorney. The debt may also be included in your repayment plan.

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1 Answer | Asked in Bankruptcy for Texas on
Q: Can you file for bankruptcy jointly with your spouse in Texas and what are the pros and cons of doing so?
Timothy Denison
Timothy Denison
answered on Jun 4, 2018

You can file separately or jointly with your spouse anywhere. Pros and cons are case specific and can depend on whose name the debts are in, how much is owed, etc. you should consular a local bankruptcy attorney who can can assess your situation and help you make the right decision.

2 Answers | Asked in Bankruptcy and Foreclosure for Texas on
Q: if I file for chapter 13 in Texas (from lack of employment) how can I save my house and automobile, or do I loose them?

Do the house/car payments get adjusted and if so, how does it work and for how long do the payments get lowered?

Cristina M. Lipan
Cristina M. Lipan
answered on May 22, 2018

You probably wouldn't file a chapter 13 if you have no income. House and car may be exempted somewhat in a chapter 7. You need to speak to an attorney about your specific situation, as an answer on how to proceed depends on many factors.

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2 Answers | Asked in Bankruptcy for Texas on
Q: Bankruptcy automatic stay

I provided a post tax sale notice to someone after their property was sold in a tax sale. This is done to ensure that the person’s constitutional rights under the 4th amendment are protected.

I then receive a letter from their attorney saying should I contact their attorney again, they... View More

Cristina M. Lipan
Cristina M. Lipan
answered on May 14, 2018

It's just a standard letter and you do not need to take it personally. Now that you are on notice, the automatic stay applies.

Information provided for informational purposes only and should not be taken as legal advice.

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1 Answer | Asked in Bankruptcy for Texas on
Q: Filling for bankruptcy and immigration status.

Many years ago I entered the country legally, obtain a work permit. I have a valid SSN. At one point the program under which I applied was cancelled but I remained in the country. I'm waiting for an appeal and have an LLC which I use to run an IT business, have always filled taxes. The... View More

Timothy Denison
Timothy Denison
answered on May 12, 2018

You can still file. You should be able to renew your drivers license without much problem. As long as you have a valid state issued ID, it is very likely that no one will question you further about it.

3 Answers | Asked in Bankruptcy for Texas on
Q: Does a bankruptcy proceeding sometimes involve a jury and trial or is only a judge ever involved?
Timothy Denison
Timothy Denison
answered on May 11, 2018

There are no jury trials in a bankruptcy proceeding. A judge will make all the decisions.

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2 Answers | Asked in Bankruptcy for Texas on
Q: Can a lienholder that did not answer or show for the Ch13 filing charge interest and penalty on the debt?

I listed a lienholder on my filing and they did not answer or show. They have not contacted me since before the filing or even after it was discharged. Can they charge me interest and penalty on this lien? I tried many time to get a hold of someone and no luck. They should have foreclosed on 2012.

Mr. J. Thomas Black
Mr. J. Thomas Black
answered on May 10, 2018

Liens can "pass through" bankruptcy unaffected unless they were dealt with by your bankruptcy somehow. If their lien is still valid, yes you may have to pay them including accumulated interest and other charges if you wish to keep the property.

This is much too difficult a...
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2 Answers | Asked in Bankruptcy for Texas on
Q: I was recently dismissed from BK but I had 2 cars in my plan so what happens now? Will they notify me or just repo?
Timothy Denison
Timothy Denison
answered on Apr 25, 2018

If you start making payments again on them, they will likely let you keep them. If you don’t pay, they’ll ultimately try to repo them.

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1 Answer | Asked in Bankruptcy for Texas on
Q: I recently was discharged from a chapter 7 in march... how long do I have to wait to cosign for a vehicle.

Don't want to break any laws but my daughter is heading out to college and would like something safe and dependable when she leaves... she is paying for it but her income is real low... just trying to help her out

Timothy Denison
Timothy Denison
answered on Apr 18, 2018

You can co-sign now with any lender that will appove it. No laws broken by doing so.

1 Answer | Asked in Bankruptcy for Texas on
Q: Is there a special process to remove a bankruptcy from your credit report, or will it go away after a certain amount of

time?

Cristina M. Lipan
Cristina M. Lipan
answered on Apr 9, 2018

It stays on your credit report for 7 years.

Information provided for informational purposes only and should not be taken as legal advice.

1 Answer | Asked in Bankruptcy and Energy, Oil and Gas for Texas on
Q: Chapter 11 bankruptcy after the final decree when do the creditor get paid for there proof of claim. This a oil and gas

This would be in reference to mineral interest and working interest disbursements. It is secured priority.

Aimee Hess
PREMIUM
Aimee Hess
answered on Apr 6, 2018

In most cases, in a Chapter 11 "Debtor in Possession" proceeding, the debtor prepares and files a "Plan of Reorganization" that must be approved by the Court and certain creditors. In most cases that I have been involved with, the Plan will provide details on when creditors get... View More

1 Answer | Asked in Bankruptcy for Texas on
Q: In Texas how long can you retain a lawyer before filling chapter 7.

I have 0 assets, credit card debt, but not ready to file. All have been been either written off / collections or profit and loss. Need to have things in place, save for the cost and taxes.

William Biggs
William Biggs
answered on Mar 30, 2018

It depends on the lawyer. Chapter 7 lawyers usually charge the full fee up front because, like most other debts, anything you owed them at the end of the bankruptcy proceeding would be discharged. For that reason many bankruptcy attorneys will actually work out a payment plan with you, and some may... View More

2 Answers | Asked in Bankruptcy for Texas on
Q: If I file c chapter 13 I know my student loans are not forgiven or discharged will they interest still accumulate during

My student loans were added onto my bankruptcy but I know they're not dischargeable just want to know if my interest is still going to accumulate during the five years of bankruptcy Chapter 13

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Mar 20, 2018

Yes, they continue to accumulate interest and late fees so build into your budget a payment to avoid late fees and interest accumulating

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1 Answer | Asked in Bankruptcy for Texas on
Q: If you file for bankruptcy can you keep your home?
Cristina M. Lipan
Cristina M. Lipan
answered on Mar 9, 2018

Very often, the answer is yes. However, it depends on your specific circumstances, so you would need to consult with a bankruptcy attorney to confirm.

Information provided for informational purposes only and should not be taken as legal advice.

1 Answer | Asked in Bankruptcy for Texas on
Q: How can I find out if a person has filed Bankruptscy?

My family is carrying the mortgage on my deseased mom’s home in Munday TX. (Knox county) for my brother. He quit making payment, saying he filed bankruptcy

David Earl Phillips
David Earl Phillips
answered on Mar 8, 2018

You might try calling 214 767 0814, which is the number for the Northern District Of Texas Bankruptcy Court. Ask for the clerk's office and they may be able to help. Hope that helps!

1 Answer | Asked in Bankruptcy for Texas on
Q: If I file personal bankruptcy how does that affect an LLC I have with my brother?
David Earl Phillips
David Earl Phillips
answered on Feb 16, 2018

The trustee could be interested in your membership in the LLC. For instance, if you are a 50% member, then one half of the value of the LLC would be yours. It will depend on how much that would be worth and exemptions you may have. You really need to see a bankruptcy lawyer near you to determine... View More

1 Answer | Asked in Bankruptcy for Texas on
Q: Do you have to go to trial if you file bankruptcy?
Mr. J. Thomas Black
Mr. J. Thomas Black
answered on Jan 18, 2018

In most consumer bankruptcies, you may not even see a bankruptcy judge, at least in our district. You meet the trustee, or one of their attorneys, at the Meeting of Creditors in chapter 7 and 13 cases.

In chapter 7 cases, at least here in the Southern District of Texas, it would be very...
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1 Answer | Asked in Bankruptcy for Texas on
Q: Discharged debt

My bankruptcy was discharged in October. There is a toll company who, every time I call to pay current bills, tries to collect the discharged bills. They tell me they were never notified. They are listed on the discharge paperwork. Do they need to figure it out on their own using my case number, or... View More

Cristina M. Lipan
Cristina M. Lipan
answered on Jan 5, 2018

Send them the Certificate of Notice issued by the bankruptcy court, as long as they are listed on it. Those are the addresses notice was sent to by the court. Send them both for the Notice of commencement (and of 341 meeting of creditors) filed at the beginning of the case, and for the Order of... View More

1 Answer | Asked in Bankruptcy for Texas on
Q: Hi, I was wondering if this website allows you to search bankruptcy filings for companies?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Dec 4, 2017

Not through this site. You need to go onto PACER, which is the bankruptcy court filing and searchable database

1 Answer | Asked in Bankruptcy, Business Law and Employment Law for Texas on
Q: Liquidation

Hi,

I work with a business who ceased operations and announced liquidation. Now they are paying my total balance partially by saying they are rejecting all of the invoices after the date of liquidation. Can I dispute this legally, what's yours advise?

Thank you

Cristina M. Lipan
Cristina M. Lipan
answered on Nov 30, 2017

Did they file bankruptcy or are they winding down the business? If they are in a bankruptcy case, then an attorney can probably help you. I would need to see the actual documents though, to understand what exactly is going on.

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