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Texas Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Texas on
Q: do i need a lawyer to file a motion to reopen a ch 7 in texas
Timothy Denison
Timothy Denison
answered on Feb 9, 2022

Yes.

1 Answer | Asked in Bankruptcy, Business Formation and Business Law for Texas on
Q: Should my LLC be cancelled by administration?

If I receive a notice for a hearing to NOT revoke our "limited sales, exercise and taxes" while having small outstanding sales taxes, would I need to pay them if I'm looking to dissolve my LLC regardless?

We created a company that wasn't profitable and we ended up not... Read more »

Timothy Denison
Timothy Denison
answered on Jan 30, 2022

You will still owe the taxes whether the LLC is dissolved or not.

2 Answers | Asked in Bankruptcy and Immigration Law for Texas on
Q: Do you offer your services to Spanish Speaking Clients?
Timothy Denison
Timothy Denison
answered on Jan 27, 2022

Absolutely.

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1 Answer | Asked in Divorce, Bankruptcy, Real Estate Law and Cannabis & Marijuana Law for Texas on
Q: Divorce court said he needed to take me off the home. He never did. The house is about to foreclose.

I don’t have the money to fly to Oregon and get another lawyer to force him to refinance. I also learned he put the home in forbearance while the divorce was still processing. So now he has to either pay back 30 grand before he can refinance OR have me agree to sign papers to put that money on... Read more »

Timothy Denison
Timothy Denison
answered on Jan 20, 2022

You need to consult your divorce attorney and move to hold him in contempt in the divorce case. He will likely have to hold you harmless on the debt regardless.

4 Answers | Asked in Bankruptcy and Family Law for Texas on
Q: My wife's mother is 82, she's has 60K debt in credit cards, owns nothing whatsoever. is my wife responsible upon dying?

She own's no real estate, no financial holdings, no car - nothing! nothing in her bank account and nothing in her will. Rents a small apartment. She's on Medicare and Medicaid.

Can the card holders go after my wife to pay here debt?

Lloyd M. Nolan
Lloyd M. Nolan
answered on Jan 18, 2022

I am licensed only in Missouri and Illinois. Based upon the law in those States, I would say "No." I am not licensed in Texas but, UNLESS your wife is a co-signer, co-apllicant, or guarantor for any of your mother-in-laws debt, I cannot see how your wife would be responsible for her... Read more »

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1 Answer | Asked in Bankruptcy, Consumer Law, Collections and Small Claims for Texas on
Q: Not sure what to do. getting sued by LVNV FUNDING LLC. For the amount of $1456.73 for credit card debt.

Hello im getting sued by LVNV FUNDING LLC. For the amount of $1456.73 for credit card debt. I was wondering if i could settle the debt before going to court and if so how to go abour that. Ive never been sued so i have no idea what to even do or who to contact. My citation papers were served on... Read more »

Leslie Ann Werner
Leslie Ann Werner
answered on Jan 8, 2022

It's extremely important for you to file an answer in a case like this, so they do not get a default judgment against you. For this amount of money, it's probably not cost-effective to hire an attorney, but if it was for a larger amount, definitely seek counsel.

And to...
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2 Answers | Asked in Bankruptcy and Real Estate Law for Texas on
Q: My ex husband never took me off the house as was court ordered. It’s about to foreclose. Can I file bankruptcy ?

If I file bankruptcy will this free me completely from the debt of the house? it’s going to foreclose and he is trying to get me to agree to put all the debt on the back of the loan. My ex is in another state (oregon) I haven’t lived in the home in over 5 years. I know he is in contempt for... Read more »

David Luther Woodward
David Luther Woodward
answered on Jan 4, 2022

I think you are correct in being pro-active.

You need to consult a lawyer in Texas who does bankruptcy. You don't say where the house is, what your interest is, nor any detail necessary for complete advice.

Don't wait for someone else to do what you can cure in one...
Read more »

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1 Answer | Asked in Bankruptcy, Contracts and Collections for Texas on
Q: Will I still owe my lender money from a reposed car even though they told me I wouldn’t ?

I am in Texas, and bought a car from a Buy Here Pay Here dealership a few months ago. I ended running into financial troubles, and the car was repossessed. Because my financial situation was so bad at the time, I ended up letting the car go. After doing some research I learned they could still... Read more »

Timothy Denison
Timothy Denison
answered on Nov 6, 2021

They can still collect it and will attempt to collect it in the future. Be very careful dealing with the car lot.

2 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for Texas on
Q: My house was foreclosed upon while I was under bankruptcy protection in 2004, is it too late to sue Ameriquest Mortgage?
Cristina M. Lipan
Cristina M. Lipan
answered on Nov 3, 2021

The bank likely received an order from the court lifting the automatic stay to proceed with the foreclosure. This is not uncommon and they can do this for various reasons - no equity, no adequate assurance, you haven't been paying the mortgage post petition... etc. Take a look at your... Read more »

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2 Answers | Asked in Bankruptcy for Texas on
Q: Recording chapter 7 bankruptcy with the court in Texas, before the hearing, will that stop State proceedings?

I know the back child support can never be washed away, but if by recording the Chapter 7 bankruptcy, will keep me out of debtors prison or jail?

Is this a true statement about filing bankruptcy, If you are behind on child support?

Filing a chapter 7 will get you out of jail by... Read more »

Cristina M. Lipan
Cristina M. Lipan
answered on Nov 2, 2021

The automatic stay does not apply to criminal proceedings or domestic support obligations. Bankruptcy Code 362(b)(1) and (2).

(b)The filing of a petition under section 301, 302, or 303 of this title, or of an application under section 5(a)(3) of the Securities Investor Protection Act of...
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2 Answers | Asked in Bankruptcy for Texas on
Q: During Chapter 7 Bankruptcy, is it normal for the trustee to ask for your unemployment application?

I filed for chapter 7 in Texas with over 10,000 in checking accounts. 100% of this money is from unemployment compensation so I claimed it all as exempt. I told my trustee that at 341 meeting, and he said that it might not be exempt.

I was expecting him to ask for bank statements which... Read more »

Timothy Denison
Timothy Denison
answered on Oct 20, 2021

It’s not normal. But it is permissible as most debtors don’t have 10k in the bank. Give him the apps and let him see it is all unemployment.

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1 Answer | Asked in Bankruptcy, Landlord - Tenant and Collections for Texas on
Q: Can I take action against Texas Rent Relief for abuse?

My application (which I submitted in March) was neglected, handled improperly, and went against protocol for the review process. It is still in review today. As a result I was forced to either face eviction or not renew my lease at my appartment. When I contacted the program, they specifically... Read more »

Timothy Denison
Timothy Denison
answered on Sep 20, 2021

Doubtful. The state has sovereign immunity.

1 Answer | Asked in Bankruptcy and Real Estate Law for Texas on
Q: An abstract judgement was issued against me in 2007. It was not renewed. What do I do now?

After judgement was issued I never heard from the creditor again. It was my local bank and I live in Texas.

Timothy Denison
Timothy Denison
answered on Aug 24, 2021

It may still be valid. You should check the statute of limitations on judgments in the state where it was issued.

1 Answer | Asked in Bankruptcy and Consumer Law for Texas on
Q: If I gave money to a friend who said he can flip it, 6000-10k and he did but I didn’t know how he did it? Illegal or no?
Timothy Denison
Timothy Denison
answered on Apr 25, 2021

It’s not illegal unless you know it is illegal and participate in it anyway.

2 Answers | Asked in Bankruptcy for Texas on
Q: I received a summons to appear in court because I am being sued due to failure to pay a debt.

I found out this was from years ago, and am I believe my ex wife opened the credit card and I was unaware of it. I gave an answer to the court and am now awaiting whatever comes next, not sure if I need to secure an attorney for an anticipated court date. ANy guidance and advice would be... Read more »

Timothy Denison
Timothy Denison
answered on Apr 5, 2021

Hire an attorney snd let them defend it for you. If it is tears old, there may be many defenses available to you of which you are unaware.

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2 Answers | Asked in Bankruptcy for Texas on
Q: My wife was served with a Civil Citation and I must submit a Civil Answer by COB tomorrow. I have questions on the form.

We have decided to file for bankruptcy and have tax issues that figure into the equation.

Teri A. Walter
Teri A. Walter
answered on Mar 18, 2021

If you've already filed bankruptcy, you can just file a suggestion of bankruptcy to let the court know that it can't take any action on the civil case. If you haven't filed bankruptcy yet, you'll need to file an answer, and let the court know about the bankruptcy when it's filed.

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1 Answer | Asked in Bankruptcy, Estate Planning and Collections for Texas on
Q: In Texas, If my Dad and I have a Life Estate Deed together and he gets sued, can a lien be placed on the house?

Want to sell house later without any liens being placed ,he is currently living in house.

Teri A. Walter
Teri A. Walter
answered on Feb 9, 2021

If the house is homestead, the lien won't attach.

When you say you two have a "life estate deed together" I don't know what that means. A life estate is only the right to use the house during your lifetime. Presumably one of you has a life estate and the other has...
Read more »

1 Answer | Asked in Bankruptcy for Texas on
Q: Will a transfer of property to my children 8 months prior to filing Chapter 7 be a problem?

I owned an undivided 1/2 interest in my ex-husband's property from our divorce 15 years ago. I gifted it to my children 8 months ago so that it wouldn't have to go through probate at my death. Will this be a problem if I file for Chapter 7? I received no money and own no other property.

Michael Francis Barrett
Michael Francis Barrett
answered on Feb 4, 2021

That is likely to be a problem as it will probably be considered a "fraudulent transfer". Speak to a local bankruptcy attorney for possible solutions, as there may still be a way for you to file that doesn't cause a problem for you or your children.

1 Answer | Asked in Bankruptcy and Construction Law for Texas on
Q: if a vendor for construction material is suing me, and I filed chapter 13 and I closed my buisness. will it take care of
Timothy Denison
Timothy Denison
answered on Jan 23, 2021

Yes, if it was included as a creditor in your 13.

1 Answer | Asked in Bankruptcy for Texas on
Q: I am filing a Chapter 7 Bankruptcy in Texas. Do I have to list my husband's VA Benefits in my income calculation?

The only income my husband and I have is social security income and his VA disability payments. We were married in 2019. Before our marriage, I accumulated much credit card debt. I am now retired, and unable to pay the credit cards. I know that his disability payments are excluded from the... Read more »

Sean T. Flynn
Sean T. Flynn
answered on Jan 22, 2021

Hello there. You are correct that you do not need to input VA disability and Social Security on the means test, but you do need to disclose the income on your schedule I as part of your income. You would also need to disclose it on the Statement of Financial Affairs as well.

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