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Texas Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy and Foreclosure for Texas on
Q: I own a home in Ca &one Tx. I have 30k in debt I cant pay.Can I be forced to sell one of my homes by not paying my bills

I am considering BK 7. Or possibly just stop paying the bills as it would save me 1000 per month. I am on a fixed income now. The homes are being rented out. I'm aware of the homestead law. If I were to homestead, I would protect the home in California. The home in Tx is about a year... View More

Cristina M. Lipan
Cristina M. Lipan
answered on Nov 29, 2017

Homestead laws only apply when you reside in the property. You indicated the homes are being rented out, so you might not have this exemption. You should speak to a local bankruptcy attorney that can more accurately analyze the situation.

1 Answer | Asked in Bankruptcy and Consumer Law for Texas on
Q: My husband is being sued for a debt owed to Conn's. We have no money as he is the only one currently working.

What do we do?

Nels Hansen
Nels Hansen
answered on Nov 21, 2017

Conns has a lien on any of the items you purchased in their store if you financed them with the instore credit. This means they can ask for the washer and dryer or the TV back. You should file an answer to the lawsuit. If you do not file an answer Conns could get a default judgment against your... View More

2 Answers | Asked in Bankruptcy for Texas on
Q: how much credit card debt can you have before you can apply for bankruptcy.
Stuart Nachbar
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Stuart Nachbar
answered on Nov 14, 2017

The question is not so much as the debt, but the equity in your property and your income which determines your means test. That is more relevant than the debt you have.

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1 Answer | Asked in Bankruptcy for Texas on
Q: can i file bankruptcy without putting my cars or house just credit cards on it?
Mr. J. Thomas Black
Mr. J. Thomas Black
answered on Nov 14, 2017

You must list all of your creditors in your bankruptcy. If you want to keep your cars and house, you can continue to pay them and if you wish, enter into a reaffirmation agreement with them (if chapter 7 bankruptcy). Then it is as though you did not file bankruptcy on them; your personal liability... View More

3 Answers | Asked in Bankruptcy for Texas on
Q: I wanted to know if i can file ch 7 a 4th time in TX?

Medical and credit card debt.

David Earl Phillips
David Earl Phillips
answered on Nov 11, 2017

The question is can you get a discharge? Under the current bankruptcy law, you are able to receive a discharge (Get rid of your debt) only once every 8 years under a chapter 7 filing. You count the 8 years from filing date to filing date. See a bankruptcy lawyer near you and let them review your... View More

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1 Answer | Asked in Bankruptcy for Texas on
Q: What are way to improve your credit after filing a chapture 7 bankruptcy? What are some do's and dont's after filing?
Mr. J. Thomas Black
Mr. J. Thomas Black
answered on Nov 8, 2017

After a bankruptcy discharge, review your free credit reports from annualcreditreport.com and dispute any that are not reporting correctly. If they were discharged they should show "discharged in bankruptcy" and show a zero balance due. Review your credit reports at least annually for... View More

1 Answer | Asked in Bankruptcy and Traffic Tickets for Texas on
Q: I have a charge against me w/ Dept of Public Safety. I was in a minor accident w/o ins. for $40,000. Can it Discharge?

I just received a suspension of drivers license notice from DPS. I can't believe I was in a minor accident during the one week my insurance had lapsed. Unbelievable. Now I need help to get my license back. I don't see any other way to get out from under this. Please advise.

I... View More

Mr. J. Thomas Black
Mr. J. Thomas Black
answered on Nov 7, 2017

Yes, so long as you were not DWI at the time of the accident, the damages from the auto accident should be dischargeable in bankruptcy. In that case, you would be eligible to apply to have your drivers license reinstated, but you must maintain liability insurance in the future.

2 Answers | Asked in Bankruptcy for Texas on
Q: Under chapter 7 Bankruptcy can I keep my homeand car also will IRS INCOME TAX DEBT be discharged state is TX

I am looking to file chapter 7 Bankruptcy looking to keep my house its financed with Wells Fargo

Stuart Nachbar
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Stuart Nachbar
answered on Oct 25, 2017

In a Chapter 7, your IRS debt will probably NOT be discharged except in very rare circumstances. Seek counsel in your jurisdiction.

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1 Answer | Asked in Bankruptcy for Texas on
Q: After I file for bankruptcy, will I still be able to use my credit cards?
Harriet Langston
Harriet Langston
answered on Oct 4, 2017

The short answer is: almost certainly not. When you file for bankruptcy, you are asking for legal relief from payment of your debts, including unsecured debts like your credit cards.

The credit card company will find out about your bankruptcy filing within hours, and will probably...
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1 Answer | Asked in Bankruptcy for Texas on
Q: Can I buy a car while in chapter 7 bankruptcy. I've already had my 341 meeting and have been told it is ok.

The car dealer said it was approved by their bankruptcy department since I have had my creditors meeting already, they said it wouldn't be an issue with the court if I bought it.

Stuart Nachbar
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Stuart Nachbar
answered on Sep 16, 2017

Based on your statements, I would say yes, but please check with your counsel, because if there are exempt funds or non exempt being used, the trustee might have to be contacted.

2 Answers | Asked in Bankruptcy for Texas on
Q: I have some assets left but need to file for bankruptcy. Can I gift them to my kids to "hide" them so they aren't taken?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Sep 15, 2017

No, you should not. Speak with a bankruptcy attorney and see how to best use the exemptions allowed in your state or under the federal scheme

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1 Answer | Asked in Bankruptcy for Texas on
Q: I cosigned on my moms car and she filed bankruptcy. What does that mean for the car
Mr. J. Thomas Black
Mr. J. Thomas Black
answered on Aug 23, 2017

Without more information it is difficult to say. Is she going to keep the car, pay for it and reaffirm the debt? If so you will be "off the hook" so to speak. But if she is going to surrender the car and discharge the debt, you will still be liable for any "deficiency" or... View More

1 Answer | Asked in Bankruptcy for Texas on
Q: What will i have to pay after getting my car repossed and filling bankruptcy
Nels Hansen
Nels Hansen
answered on Aug 8, 2017

If you filed chapter 13, you may be able to recover your car without paying anything. You will need a valid driver’s license and proof of insurance. Contact your attorney and if you do not have one contact a local attorney and schedule a consultation. You can search for an attorney using the... View More

1 Answer | Asked in Bankruptcy, Business Formation and Foreclosure for Texas on
Q: Should my mortgage company foreclose my house if I filed for bankruptcy and informed them about it with my case #?

In Texas, if I filed for bankruptcy, informed my mortgage company about it with my case # and got jailed for a different reason before the bankruptcy got concluded, should it be in effect or should my mortgage company foreclose my house? Do I have any legal option if the mortgage company foreclosed... View More

Nels Hansen
Nels Hansen
answered on Aug 4, 2017

If this was your first case the mortgage company should not have foreclosed while the automatic stay was in place. The automatic stay is in force from the time the case is filed until it is lifted or your case is dismissed. Getting locked up does not terminate the stay. Having your case... View More

1 Answer | Asked in Bankruptcy and Civil Rights for Texas on
Q: Can a bankruptcy trustee seek turnover of 3 $700k income producing real property to pay less than $20k in claims on file
Nels Hansen
Nels Hansen
answered on Aug 3, 2017

It sounds like you filed a chapter 7 bankruptcy without the benefit of an attorney. You need to contact your attorney and if you do not have one now is the time to hire one. In chapter 7 bankruptcy property that cannot be claimed as exempt is an asset of the bankruptcy estate and the Trustee will... View More

1 Answer | Asked in Bankruptcy for Texas on
Q: If I file for bankruptcy and got confined in jail before the bankruptcy got concluded, should it be in effect?

If I file for bankruptcy, informed my creditor about it and got confined in jail before the bankruptcy got concluded, should it be in effect? Do I have any legal option if the creditor took any action against me for my debt?

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Jul 27, 2017

If you filed for the bankruptcy and then got arrested and was placed in jail for a pre-petition debt, and you advised them that you had filed for bankruptcy and it was true, and they still incarcerated you, you should advise the Court and your lawyer and file a Motion for Sanctions

1 Answer | Asked in Bankruptcy and Real Estate Law for Texas on
Q: Filing bankrupty but on EX home deed.

Separated 2 years, divorced in Dec. 2016. Ex purchased a home while we were separated. I have contributed nothing towards the house, down payment, closing, payments, upkeep. Divorce Decree gives him 100% ownership, but have not removed my name. Have never stayed in the home, visited one time. I... View More

Tammy L. Wincott
Tammy L. Wincott
answered on Jul 24, 2017

If the property was awarded to your husband in the divorce decree then the decree should have been filed in the County Deed Records maintained by the County CLerk. This is not done automatically. You or someone would have needed to or still can file a certified copy of the divorce decree.

1 Answer | Asked in Bankruptcy for Texas on
Q: I am thinking of filing for chapter 13 but I am behind on my mortgage and owe family some money, I want to cash out

My 401k which would be about 10,000. If I don't have any money left and file for bankruptcy shortly after, will it affect me?

Tammy L. Wincott
Tammy L. Wincott
answered on Jul 24, 2017

Visit with a consumer bankruptcy attorney in your area.

1 Answer | Asked in Bankruptcy for Texas on
Q: How do I find information an old bankruptcy case?

Looking for info on LUCKY FIVE CORPORATION that went bankrupt ...They developed Tall Timbers Subdivision.... Burkeville Texas.

Tammy L. Wincott
Tammy L. Wincott
answered on Jul 24, 2017

You should be able to access information through the "PACER" system or otherwise do a search on the internet.

1 Answer | Asked in Bankruptcy and Probate for Texas on
Q: If a person filed bankruptcy then died can the family have a estate sale and sell personal items from the house ?
Tammy L. Wincott
Tammy L. Wincott
answered on Jul 24, 2017

I would begin with asking their bankruptcy attorney. All non-exempt assets become property of the Bankruptcy Court depending on the type of filing. You need to consult with a probate attorney as well who can explain procedures for disposing of property.

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