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Texas Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Texas on
Q: i have no income at the moment. i need to file chapter 7. can anyone give me any advice of where i should look.

please pro bono only

Timothy Denison
Timothy Denison answered on Mar 7, 2020

Check with your local bar association or legal aid society. They maintain lists of lawyers who are pro bono or reduced fee.

1 Answer | Asked in Bankruptcy and Landlord - Tenant for Texas on
Q: Wanting to file chapter 7 and keep my apartment but owe back rent. Can I “threaten” my landlord with bankruptcy to help

I want to keep my apartment but but landlord isn’t willing to work with me to avoid eviction. Can I tell them I’m going to file bankruptcy to get them to work with me

Timothy Denison
Timothy Denison answered on Mar 5, 2020

You can tell them anything you want. Getting them to work with you is a different story.

1 Answer | Asked in Bankruptcy for Texas on
Q: Does signing a "Attorney-Client Retainer Agreement-Chapter 7" legally bind me to using that attorney for bankruptcy?

I found a cheaper lawyer and was just curious if I could use the cheaper one instead. All this lawyer did for me so far was give me a FREE consultation so he hasn't worked on my case at all.

Timothy Denison
Timothy Denison answered on Feb 27, 2020

It fine not bind you going forward. You can use any attorney you choose. However, you are obligated to pay the first attorney under that contract for and services he has performed up until you advise him you are changing lawyers.

1 Answer | Asked in Bankruptcy for Texas on
Q: Thinking ch. 7 or 13 due to major change in income but I have a cosigner for my home, will this hurt them if I keep home

It my brother that a cosigner and I dont want his credit to be tarnished so if I do a chapter 7 or 13 will it affect his credit in anyway if I continue paying on the home?

Timothy Denison
Timothy Denison answered on Feb 24, 2020

It will not affect your brother at all so long as you keep paying the debt.

1 Answer | Asked in Contracts, Real Estate Law, Bankruptcy and Foreclosure for Texas on
Q: I bought a house from someone, but it was foreclosed before the closing date.

On 01-11-2020, I signed the contract with the owner, and the closing date is 02-14-2020. After the house is closed, someone send me a notice on 02-16-2020 that the property had been foreclosed on 02-04-2020, and their deed is recorded on 02-11-2020. Nobody sent me any notice before the closing... Read more »

Timothy Denison
Timothy Denison answered on Feb 22, 2020

The owners title police will protect you, although it will likely take a while to sort it out legally.

1 Answer | Asked in Bankruptcy and Foreclosure for Texas on
Q: my house is set for foreclosure 3/2/20, can you help file chapter 13 before 3/1/20?

I'm 3 months past due. Was making single payments in the last two months. CENLAR did not apply my payments to my mortgage. I found out 3 days ago.

I need to save my: 1) home, 2). car 3) furnishings 4) pay off credit cards and other debt

Monthly Net Income is $2700. Mortgage... Read more »

Timothy Denison
Timothy Denison answered on Feb 22, 2020

You can likely save those things by filing bankruptcy, but you need to contact your local bar association or legal aid society. They maintain a list of pro bono or reduced fee atttitneys.

1 Answer | Asked in Bankruptcy for Texas on
Q: If a BK trustee asks for a copy of a tax return, does it need to be signed?
Timothy Denison
Timothy Denison answered on Feb 8, 2020

Not as long as it is true, accurate and complete unless the trustee specifically requests a signed copy.

1 Answer | Asked in Bankruptcy for Texas on
Q: My wife and I seem to be getting deeper in debt she works , I am disabled getting disability , can we file chapter 13.

mortgage , car payment utility bills , loans we have more money going out than coming in'

Mr. J. Thomas Black
Mr. J. Thomas Black answered on Jan 31, 2020

Yes you two may be candidates for chapter 13. You should meet with an experienced bankruptcy lawyer in your area and have a frank discussion about your situation.

1 Answer | Asked in Bankruptcy for Texas on
Q: Chap.7 TX Bankruptcy I'm filing pro-se. All debt is credit cards.

When listing creditors there are boxes for "contingent" & "unliquidated". How does this apply to credit card debt? What is the exemption statute for "cash on hand"?

Timothy Denison
Timothy Denison answered on Jan 27, 2020

Most all credit cards with be non-contingent and liquidated, so those probably don’t impact you. The wildcard exemption statute and amount depends on whether you’re using Tx state exemptions or federal exemptions.

1 Answer | Asked in Bankruptcy and Business Law for Texas on
Q: In TX if file bancruptcy 7 will they sell my shop's equipment?

I am living on ramen, bypassing medical, letting people go, in order to keep that place open. I was told by someone that I should file for bancruptcy because would be same initial hit to my credit score if I did debt consolidation/settlement....but if they take and sell my mechanic shop's... Read more »

Timothy Denison
Timothy Denison answered on Jan 24, 2020

Depends on the fair market value of your tools and equipment and your state or federal exemptions. You should consult a competent bankruptcy lawyer who can examine your complete financial situation.

2 Answers | Asked in Bankruptcy for Texas on
Q: Can I add a creditor I forgot on my chapter 7 bankruptcy petition even though I filed on the 6th of January? If so, how?
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 23, 2020

Yes you can amend and add a creditor better to do so as soon as possible. It's necessary to do new declaration statements, etc. though so you should carefully review all the steps. This is a general forum and not meant to give specific details. You're better off paying an attorney a... Read more »

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3 Answers | Asked in Bankruptcy for Texas on
Q: Is it standard to only have to file 60 days of pay statements with your chapter 7 BK petition?

I've been reading that you may have to file bank statements, tax returns, etc. I was only told that I needed to file the 60 days of pay statements for my wife and I with the petition and so I did.

Timothy Denison
Timothy Denison answered on Jan 17, 2020

It varies from district to district. If they require more, they will let you know.

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1 Answer | Asked in Bankruptcy and Foreclosure for Texas on
Q: WHAT DOES A REVERSED AND VACATED MEAN AT THE CAVC
Timothy Denison
Timothy Denison answered on Jan 17, 2020

It means a judgment or order was set aside.

2 Answers | Asked in Bankruptcy for Texas on
Q: Does reaffirming a car debt help in building credit after the discharge? or is it best to not reaffirm?

I know reaffirmation makes you responsible for the debt. However, if it helps build credit quicker it might be worth it.

Timothy Denison
Timothy Denison answered on Jan 6, 2020

If you’re not upside down on the car, you should probably reaffirm bc it will help the credit. However, if you owe. Lot more than the car is worth, you probably should not rraffirm bc it’s not that valuable if you’re upside down. There are other ways to build your credit.

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3 Answers | Asked in Bankruptcy for Texas on
Q: Should I add a petitioning lawyer to my BK creditor list when being sued? I'm filing at the end of December.

This is the lawyer that represents one of the credit unions that I had a loan through.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 18, 2019

If they have a different address you can send notice to them; however, they are not the creditor.

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1 Answer | Asked in Employment Law, Tax Law and Bankruptcy for Texas on
Q: If a state employee knowing filed personal income tax returns under the wrong filing status can they be terminated
Timothy Denison
Timothy Denison answered on Dec 13, 2019

Probably not but they will have to amend the return.

2 Answers | Asked in Bankruptcy, Banking and Collections for Texas on
Q: I enrolled in a debt relief program and now I am getting sued by one of the cards that I enrolled in this program. Help!

I enrolled in a debt relief program and advised me to stop paying the credit card that I transferred to this program. I have not missed a payment since I enrolled and I am in good standing. Now, one of the cards is suing me for not paying and the debt relief program said that they can not give... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 10, 2019

A debt relief program does not mean the creditor has to stop collection activity on you. I suggest you speak to a debtor's attorney regarding your options as soon as possible.

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2 Answers | Asked in Bankruptcy for Texas on
Q: I am senior on SS, I need to file bankruptcy

The mortgage raised my payments, and I can't make them, I don't want to lose my home

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 6, 2019

Hello - I answered this question already in another section.

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