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Texas Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Texas on
Q: How much does it cost to file for chapter 7 bankruptcy?
Mr. J. Thomas Black
Mr. J. Thomas Black
answered on Mar 21, 2013

There is a $306 filing fee currently charged by the U.S. District Clerk to file a Chapter 7 case. If you are very low income and have no assets, it's possible to ask the court to waive that amount or let you pay it in installments.

There may also be a small fee for the required credit...
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1 Answer | Asked in Bankruptcy for Texas on
Q: Mortgage Servicer claims to be Mortgagee of record, but named another party in mortgage foreclosure. Misrepresentation?

Mortgage Servicer submitted a proof of Claim form to the Bankruptcy Court for relief from the automatic stay, claiming to be the mortgagee of record and holding the first security interest in debtors real property.

Once granted, it then proceeded to foreclosure in behalf of another party,... View More

Andrew Bresalier
Andrew Bresalier
answered on Sep 10, 2012

I doubt it is fraud. Frequently mortgages are bundled and then sold as securities. Your "Mortgage Servicer" is just that, mearly a service provider, i.e. agent, of your mortgage company. When and if an actual foreclosure is subsequently filed, the plaintiff would have some weird name... View More

1 Answer | Asked in Bankruptcy for Texas on
Q: How can I found out if a company filed for bankruptcy in Austin, TX?
Andrew Bresalier
Andrew Bresalier
answered on Sep 10, 2012

By signing up for PACER. It is a free govt service, as long as you use less than $10 of services per calender month. Then login for the bky court in that jurisdiction and do a search.

1 Answer | Asked in Bankruptcy for Texas on
Q: Company that owes me $ filed for bankruptcy and i received a letter saying dismissal of chapter 11 w/o 30 day waiver?

What does it mean if I got a letter saying that there will be a hearing to dismiss the Chapter 11 without 30 day waiver? where can I get the money they still owe me? Help please completely lost!

Andrew Bresalier
Andrew Bresalier
answered on Sep 5, 2012

Dismissal is not a Discharge. They still owe you. I would suggest sending them a certified letter, demanding payment within 30 days. If they do not pay sue them. The 30 day part sounds like an error. Usually, there is a 90 day prejudice period, prohibiting refiling; however this will not stop... View More

2 Answers | Asked in Bankruptcy for Texas on
Q: If my bankruptcy gets dismissed what can happen
Mr. Min G Kim
Mr. Min G Kim
answered on May 1, 2012

If the court dismissed your case with prejudice, than you must wait 180 days or as stated in the court order dismissing your case. If it is dismissed without prejudice, than you can file as soon as you want.

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1 Answer | Asked in Bankruptcy for Texas on
Q: Do I have any recourse for getting money back from a company filing bankruptcy?
Mr. Min G Kim
Mr. Min G Kim
answered on Apr 18, 2012

You can file a Proof of claim in the company's bankruptcy. Also, depends on whether you are a creditor to the company or a customer.

1 Answer | Asked in Bankruptcy for Texas on
Q: Can I file bankcruptcy not pay IRS income tax?
Mr. Min G Kim
Mr. Min G Kim
answered on Apr 2, 2012

General rule of thumb, the government will always get their piece of the pie. The rules regarding whether or not you can get your IRS debts discharge is complex. Generally, if you have filed all your taxes on time and your IRS debts are more than 3 years old from the date you file for... View More

1 Answer | Asked in Bankruptcy for Texas on
Q: Do I need to separate myself from my husband on all assets or file bankruptcy together?

He is a co-applicant on a trailer home. It is in process of being repo-ed. This was acquired b4 we were married. The mortgage co says that they will come after him. Can they go after our bank acct? He is not-employed and I make the income for the household. Do we need to file bankruptcy or... View More

Mr. Min G Kim
Mr. Min G Kim
answered on Apr 2, 2012

If your husband cosigned on the mortgage for the trailer home, unfortunately, he is jointly liable with you on the note. Although the property is purchase prior to the marriage this is not an issue of community or separate property where a person co-signed on a debt. In regards to the banks... View More

1 Answer | Asked in Bankruptcy for Texas on
Q: How long are bankripcy required to be kept
Mr. Min G Kim
Mr. Min G Kim
answered on Mar 27, 2012

Once you file for bankruptcy it will be on your credit report for the next 10 years.

1 Answer | Asked in Bankruptcy for Texas on
Q: Do I need a bankruptcy lawyer?

Direct Tv took all my money out of my bank account because they said I owe them money. I never got Direct Tv, I was with Veryzon all the time.

Mr. Min G Kim
Mr. Min G Kim
answered on Mar 26, 2012

No, you can file your bankruptcy pro se. however, filing a bankruptcy is somewhat confusing and tedious. There are volunteer attorney programs available that may assist you pro bono (meaning free representation minus maybe the court costs, ie filing fees) if you have difficulty with making payments... View More

1 Answer | Asked in Bankruptcy for Texas on
Q: Can you add judgments to bankruptcy?
Mr. Min G Kim
Mr. Min G Kim
answered on Mar 26, 2012

Yes, actually the bankruptcy code and petition requires it. There is a section in your bankruptcy petition (the paper work you file with the court) that asks you for any lawsuit you have been part of. In addition and depending on your jurisdiction, the trustee will have you fill out his... View More

1 Answer | Asked in Bankruptcy for Texas on
Q: My husband and I are separated in process of divorce which is not final. He has filed bankruptcy recently. Do I need to?
Mr. Min G Kim
Mr. Min G Kim
answered on Mar 26, 2012

Depends if you are joint or cosigned on any of his debts. If so, although he would be free and clear of those debts, you are not. the creditor may and most likely will come to collect from you as the cosignor. Contrarily, if your divorce decree states that he is to assume all liability on a certain... View More

1 Answer | Asked in Bankruptcy for Texas on
Q: Is there a maximum value on real property in Texas that may be claim as exempt in bankruptcy proceedings?
Mr. Min G Kim
Mr. Min G Kim
answered on Mar 26, 2012

In Texas when you file for bankruptcy, Texas residence have the option of electing either the federal or the Texas state exemption. In regards to the extent of "equity" that you can protect, Texas state exemption allows for an unlimited amount (except in select circumstances involving... View More

1 Answer | Asked in Bankruptcy for Texas on
Q: How do i get the garnishment, to stop on a debt that was discharged in chapter7 bankruptcy?
Mr. Min G Kim
Mr. Min G Kim
answered on Mar 26, 2012

If a creditor had been provided with proper notice of your bankruptcy and the debt in question was dischargeable, than the garnishing should have stop. If not, than you may seek post discharge injunction and remedies against such creditor. However, if the debt is non-dischargeable and/or you did... View More

1 Answer | Asked in Bankruptcy for Texas on
Q: What can you do to creditors who are still hounding you for payment when there is a stay in bankruptcy court.
Mr. Min G Kim
Mr. Min G Kim
answered on Mar 26, 2012

If you provided proper notice to the creditor in question, than they can not be attempting to collect any debt from you, unless they had filed and was granted a relief of stay from the bankruptcy court.

If all your paperwork was done properly and noticed all your creditors, including the...
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1 Answer | Asked in Bankruptcy for Texas on
Q: When filing do I have to pay back creditors that were over 10 yrs old? And pay the original bill plus the 1,2 or 3rd

Company's that bought that bill or credit card debit.why do I have to pay (example)3 different companys for the same bill. A bill that was originally 300.00 plus someone who bought that debit and charging me now 700.00 plus the company that bought that one and they charge me 2000.00.!??! Now... View More

Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2012

Though the Statute of Limitations has expired, if they are still hounding you for payment, it is a good idea to include them.

1 Answer | Asked in Bankruptcy for Texas on
Q: IS A COMPANY CALLED SECO DIRECT REAL

THIS COMPANY MAILED ME A LETTER SAYING THAT THEY ARE GIVING ME A LARG AMONT OF MONEY FOR FREE THEY SAID THAT IT IS FROM THE GOVERNMENT IS THIS A REAL COMPANY OR IS THIS A SCAM THE ONLY THING THEY ASKED ME WAS WHAT BANK DO I BANK WITH.

Andrew Bresalier
Andrew Bresalier
answered on Jan 19, 2012

If there are funds due to you from the government, you should check with your respective Secretary of State's office, abandoned property division. Do not pay anything upfront.

1 Answer | Asked in Bankruptcy for Texas on
Q: My husband died about a year ago and I am left with many bills and have no money to pay them. I need to file bankruptcy

And I have not had the money to probate his will. Can I file a forma pauperis for both these actions?

Andrew Bresalier
Andrew Bresalier
answered on Jan 19, 2012

If the bills were in his name alone, you do not owe them. If the bills are joint then you could consider a Bky. However, debt alone is not a reason to file. You should also look to your exemptions and if you pass the means test. This can all be addressed during a Free Initial Consultation with... View More

1 Answer | Asked in Bankruptcy for Texas on
Q: Please provide info on how I can find:Ortiz 355BR587Bankruptcy Southern District Texas 2006
Andrew Bresalier
Andrew Bresalier
answered on Jan 13, 2012

Sign up for PACER at the District Court for the respective jurisdiction. This is a free service, as long as you use less than $10 of services per calendar quarter. Once signed in, pull up the specific case.

1 Answer | Asked in Bankruptcy for Texas on
Q: If I can no longer afford to pay for a timeshare, do I need to use bankruptcy? What can they do under foreclosure laws?

I am 62 on Social Security. No health insurance. Nothing in bank. 20k + credit card debt. House for sale for ammt. owed to bank. 20k in IRA. No other retirement. Own 2 old cars ('98 ,05). Alone, unmarried.

Andrew Bresalier
Andrew Bresalier
answered on Jan 9, 2012

Often Timeshares are not Deeded, they are merely an agreement. Thus, they do not actually foreclose. If Deeded, then a foreclosure may occur. Alternatively, you could contact them about the possability of a Deed-in-Lieu.

As for the possability of a Bky, the amount owed is not a bar....
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