Get free answers to your Bankruptcy legal questions from lawyers in your area.
I am under contract for a yet to be completed new construction home. The builder went into receivership due to financial problems and it appears the bank will be foreclosing on the property I have been waiting on for almost two years. The builder has a very large builder deposit I provided at... View More 
answered on Jan 3, 2024
Bankruptcy relief is exclusively a federal right and procedure, with its own courts.
However, most states have a "receivership" insolvency proceeding that is valid (and utilized sometimes in foreclosure proceedings, or regarding insurance companies that are not eligible for... View More
After filing paperwork for the sale of my primary residence, Midland, TX 79701, a Texas Abstract and Title company informed me there was a lien on my home in the amount of $8,806.52 by Attorney Mr. Moss representing Capital One Credit Card company, and this amount will be withheld from my... View More
answered on Dec 15, 2023
If you have declared that your primary residence is also your homestead, any judgment lien does not attach to it. Your title company should be aware that a judgment lien does not attach to a homestead. Moreover, if your Chapter 7 bankruptcy discharged the judgment in favor of Capital One, you can... View More
My Claim ($560K) has been disputed stating the claim exceeds the statutory limit for priority claims under code 507 (a) (4) and to be moved to "disputed".
answered on Dec 14, 2023
There is a statutory limit per employee of about $13,500 or so for priority (exact amount depends when the bankruptcy case was filed). The remaining amount of the claim would be reclassified as a general unsecured claim (unless there is another basis for objection). You may want to reach out to... View More
My chapter 7 was discharged 2018. Now I recently got divorced and all the bills were in my name and now I am in a bad financial situation and need to file again. If it's too soon to file, will they look at certain situations to file early.
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answered on Dec 4, 2023
If your Chapter 7 bankruptcy was discharged in 2018, you must wait 8 years from the date of filing the previous Chapter 7 case before you can file for Chapter 7 bankruptcy again. This means you would be eligible to file again in 2026.
In the meantime, there are other options you might... View More
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answered on Nov 27, 2023
Filing for bankruptcy without the ability to afford a lawyer can be challenging, but there are options available to assist you. As a disabled veteran, you may qualify for free or reduced-cost legal services. Many states and local bar associations offer legal aid programs, and some specifically... View More
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answered on Nov 23, 2023
There is a form to request the Bankruptcy Court to waive the filing fee. Check your local Bankruptcy Court website (www.uscourts.gov). They usually provide information on free legal services. You can also check upsolve.org. If it's available in your area, its services are free to those who... View More
She doesn't live here but her name is on the lease, how can she protect her self if she really has no debt
answered on Sep 5, 2024
She will be as long as you pay the debt in chapter 13. If you don’t pay the debt through your 13, she would still be liable for payment of the lease.
so ive been struggling financially for a few months now which has caused me to fall behind on bill including rent. i received a notice to vacate but it hasnt gone further in court yet. i recently filed bankrupt including my past due rent. today my landlord practically forced me to sign a new lease,... View More
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answered on Aug 30, 2024
Signing an updated lease after filing for bankruptcy can have potential implications, but it doesn't necessarily mean it will negatively impact your case. If your landlord pressured you into signing without a thorough review, this could raise questions about the validity of the agreement,... View More
Preferably in Texas
answered on Aug 23, 2024
Off the appropriate website for the county where the property is listed for sale.
For example, Dallas County's website for properties posted for tax foreclosure sales is:... View More
Would I pay my regular monthly mortgage payment back plus $100K / 60 months? Or does the trustee review my income and expense figures and come up with an amount he/she deems appropriate? I’m leaving other misc fees that might be included.
answered on Sep 8, 2024
Mr. Arrasmth's response is correct., as far as it goes, but he omits one major benefit of a Ch. 13 filing: no interest accrues on the amount of your mortgage arrearage during your bankruptcy.
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answered on Aug 2, 2024
If you believe your father has filed for bankruptcy in your name and used your Social Security number for fraudulent actions, it's crucial to take immediate steps to protect yourself. First, obtain a copy of your credit report from all three major credit bureaus (Equifax, Experian, and... View More
Letters from the United States Trustee Office of Estate Planning and also the Disclosure statement of the reorganize oil company. I just didn't know what it all was At the time and it was All final back in 2019 with the Southern Bankruptcy out of Houston TX. In addition, the lady that sent me... View More
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answered on Jul 27, 2024
It's understandable to feel overwhelmed by the legal documents you've received, especially when they involve complex matters like bankruptcy and estate planning. Given that you received these letters from the United States Trustee Office and related to a reorganization of an oil company,... View More
Also if I was secured and had abstracts against property how can the trustee remove me from being unsecured?
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answered on Jul 18, 2024
If you have been waiting for a distribution as a creditor for two months and the trustee is not responding, you should consider sending a formal written request for information to the trustee. Make sure to document your attempts to contact the trustee, as this can be important if you need to take... View More
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answered on Jul 18, 2024
A legacy trust, while a useful estate planning tool, does not inherently clear past debts and collections. The primary purpose of a legacy trust is to manage and distribute your assets according to your wishes, often providing for beneficiaries and potentially offering some protection from future... View More
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answered on Jun 19, 2024
For questions about payment plans and fees for filing Chapter 7 bankruptcy in Texas, it would be best to consult directly with a licensed bankruptcy attorney in your area. Most attorneys offer free initial consultations where you can discuss your financial situation and get information on their... View More
My auto and even spoke to lender today to get current balance. Now I must file a motion to reopen the case and then file the motion to redeem correct? May I file to reopen the case and file to redeem at the same time or must I wait for courts answer on reopening the case?
answered on Jan 6, 2024
Your question offers only conclusions, but none of the facts needing proof, in court, to support those conclusions.
And in almost every court, in every case, the standard of proof for fraud claims is "clear and convincing", not merely a "preponderance of the evidence",... View More
Vehicle as collateral. I am going to end up owing more than what the car is worth. Should I contact lender to negotiate a deal where they get their $ back and I keep the vehicle. If they take car back they would lose $ and I need a vehicle. Will the court even grant me more time for the... View More
answered on Jan 4, 2024
Why not surrender it if you have not reaffirmed and just walk away?
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