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
1 Answer | Asked in Bankruptcy for Texas on
Q: What is the estimated cost for filing bankruptcy in Beaumont, TX?
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

Attorney's fees range nationally from $500 to $3,500+, depending on the Chapter and level of difficulty. There are two required classes, one pre and one post-filing, which range from $22 total to $50 per class. The court charges $306 for a Chapter 7 and $281 for a Chapter 13.

1 Answer | Asked in Bankruptcy for Texas on
Q: DO i need a bankrupcty lawyer
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

If you are a natural person, verses a fictitious (i.e. corp, llc, etc.), you are permitted to represent yourself in court. However, Bky is a VERY COMPLICATED area of law, involving a combination of State Laws and Federal Procedures.

1 Answer | Asked in Bankruptcy for Texas on
Q: How do I find out if a contractor filed for banktrupcy?
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents filed.

www.dont-sweat-the-debt.com

1 Answer | Asked in Bankruptcy for Texas on
Q: Can i still receive a discharge if the court denies my mortg reaffirmation?
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

Yes. However you will no longer be legally obligated to pay your mortgage. If you chose not to pay, they will foreclose on the property, In Rem (against the property) and be prohibited from seeking a judgment In Personan (against you personally). A foreclosure would still include your name, to... View More

1 Answer | Asked in Bankruptcy for Texas on
Q: When you have grown child on deed of home..if you file bankruptcy, does that child lose right to home?
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

Generally, if it was done for merely "Estate Planning Purposes", this is usually not an issue. However, if you have an overly zealous Trustee, he/she may claim, based upon how long ago the transfer was made and a lack of consideration, that it was a "Fraudulent Conveyance with the... View More

1 Answer | Asked in Bankruptcy for Texas on
Q: Recently widowed and cannot repay home equity loan husband and I took out, can I file bankruptcy and keep my home?
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

Debt is not the only thing to look at when considering Bky. Income must be examined to confirm you pass the Means Test (income is compared to those in your community). You must also examine transfers/sales (court could reverse transfers or sales for less than market value) and exemptions (you... View More

2 Answers | Asked in Bankruptcy for Texas on
Q: A relative filed bankruptcy and is out of it now her home is not paid off can she legally sell me the home?

Only $30k owed but she has not made any payments on this home can I take over payments?

Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

As long as the home is still in her name, yes. However, I would strongly suggest you have an attorney and get title insurance, as there maybe other issues.

View More Answers

2 Answers | Asked in Bankruptcy for Texas on
Q: A relative filed bankruptcy and is out of it now her home is not paid off can she legally sell me the home?

Only $30k owed but she has not made any payments on this home can I take over payments?

Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

As long as the home is still in her name, yes. However, I would strongly suggest you have an attorney and get title insurance, as there maybe other issues.

View More Answers

1 Answer | Asked in Bankruptcy for Texas on
Q: If your bankruptcy gets dropped can u refile
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

Most often when a Bky is Dismissed, it is done with Prejudice, which means you are barred from refiling for a period of 180 days.

1 Answer | Asked in Bankruptcy for Texas on
Q: When bankruptcy closed then adverary appeal dismissed as moot is the dismissal with prejudice or without prejudice

When bankruptcy closed then adverary appeal dismissed as moot is the dismissal with prejudice or without prejudice

Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

It would say in the Order if it was With Prejudice. It the Order lacks such terminology, barring the refiling for a specific period then it appears to be Without Prejudice.

1 Answer | Asked in Bankruptcy for Texas on
Q: Can I file for bankruptcy in texas even though I only recently relocated to tx from nc?
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

Generally, you are required to live in a District for a minimum of 180 Days to file there. There are additional time periods which apply for the use of exemptions, so although you maybe able to file in TX, you maybe forced to apply NC laws. You should consult with an attorney, such a question can... View More

1 Answer | Asked in Bankruptcy for Texas on
Q: After my divorce i lost my house, car and was left with so much debt would it be a good idea to file bankruptcy?
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

Debt is not the only thing to look at when considering Bky. Income must be examined to confirm you pass the Means Test (income is compared to those in your community). You must also examine transfers/sales (court could reverse transfers or sales for less than market value) and exemptions (you... View More

2 Answers | Asked in Bankruptcy for Texas on
Q: I won a wrongful termination suit against a texas company. i never recieved any payment and was told they filed bankrupt
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

You can confirm if they filed Bky by Signing up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents... View More

View More Answers

1 Answer | Asked in Bankruptcy for Texas on
Q: I was refused by Legal aid for help with bankruptcy and can't afford an attorney on my income? What should I do?
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

Look around for a special. Alternatively, most attorneys provide payments plans, but the case is not filed until you are paid in full.

1 Answer | Asked in Bankruptcy for Texas on
Q: I filed ch 7 & it was discharged 1 1/2 yrs ago. FCI is try to collect . what do I do?
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

Provide them a copy of your filing and discharge, but note that some things are not dischargable, such as student loans, taxes, Support, Debts in relation to a DUI and Debts to FDIC.

1 Answer | Asked in Bankruptcy for Texas on
Q: Can a owner of a business accused of 48badges of bankruptcy fraud (settled) still run a business under his 20yr old son?
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

Yes.

There is no requirement to the operation of a nonprofesional business.

1 Answer | Asked in Bankruptcy for Texas on
Q: It'is possible to receive all the documentation of the debitors discharged on chapter 7
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

Yes you can.

Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents...
View More

2 Answers | Asked in Bankruptcy for Texas on
Q: If I am currently in bankruptcy due to trying to save my home from foreclosure, can the mortgage company change the lock
Andrew Bresalier
Andrew Bresalier
answered on Jan 27, 2014

Unless the mortgage company was granted a Order on a Motion for Relief of Stay and the property was subsequently transferred via a court sale the following applies: If you are not living there, they can argue that they changed the locks to protect the property. If you are living there and they... View More

View More Answers

1 Answer | Asked in Bankruptcy for Texas on
Q: I owe about 10,000 to conns on furniture. If I file bankruptcy will they take the furniture or can I keep it?
Andrew Bresalier
Andrew Bresalier
answered on Jan 24, 2014

Depends on how you purchased the furniture. If it is an inhouse payment agreement, you must review the agreement for a Purchase Money Security Clause. If the Clause is not there it shouldn't be an issue; however, if the furniture still has such a high value it will likely exceed your... View More

1 Answer | Asked in Bankruptcy for Texas on
Q: After filing chapter 13 we have a balance on hand. what is a balance on hand mean?
Mr. J. Thomas Black
Mr. J. Thomas Black
answered on May 11, 2013

I'm not 100% what you are referring to, but if you are referring to your chapter 13 trustee having a balance on hand, that is not unusual.

Your chapter 13 trustee cannot make distributions to your creditors, unless and until the Bankruptcy Court approves the plan, or the Trustee is...
View More

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.