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Texas Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Texas on
Q: Banca rota como declaró banca rota hay ayuda legal gratis
James L. Arrasmith
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answered on Nov 8, 2023

Para declararse en quiebra, generalmente debe presentar una petición y otros documentos requeridos ante un tribunal de quiebras de su área. En Killeen, TX, deberá presentar la solicitud en el Distrito Oeste de Texas.

Si está buscando ayuda legal gratuita, podría considerar comunicarse...
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1 Answer | Asked in Bankruptcy for Texas on
Q: Cuanto cuesta declárame en banca rota
James L. Arrasmith
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answered on Nov 8, 2023

El costo de declararse en quiebra varía según el tipo de quiebra que se presente y su ubicación. Generalmente, existen honorarios de presentación judicial, que son costos fijos que se pueden encontrar en el sitio web de los tribunales de EE. UU., y honorarios de abogados, que pueden variar... View More

1 Answer | Asked in Bankruptcy and Traffic Tickets for Texas on
Q: How to use Bankruptcy filing to re instate my Drivers License and driving privileges?

I spent many years traveling and lived in Canada which didn’t require me to renew my Texas drivers license,Now that I am back in Texas full time I went to get my license and DPS told me that I am ineligible due to a citation and failure to appear received in 2015 in Brazoria county. 2015 I was... View More

James L. Arrasmith
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answered on Nov 5, 2023

Filing for Chapter 13 bankruptcy can potentially help reinstate your driver's license if the underlying reason for the suspension is the inability to pay fines associated with the citation and failure to appear.

When you file for Chapter 13, you propose a repayment plan for your...
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1 Answer | Asked in Bankruptcy, Copyright, Criminal Law and Employment Law for Texas on
Q: Please give me a clear answer of what exactly I'm asking because my attorney w as ineffective assistance of counsel todd

Tax records never received please review detailed information from modified archive records switches

Timothy Denison
Timothy Denison
answered on Oct 4, 2023

What is your question?

2 Answers | Asked in Bankruptcy, Civil Litigation and Collections for Texas on
Q: Do you happen to know of any pro bono lawyers in my area ? I’m in Sulphur Springs Texas.
John Michael Frick
John Michael Frick
answered on Sep 14, 2023

For family law and domestic violence: https://www.justia.com/lawyers/family-law/texas/sulphur-springs/legal-aid-and-pro-bono-services

For various other legal matters: https://www.lonestarlegal.org/

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1 Answer | Asked in Bankruptcy and Civil Litigation for Texas on
Q: What is a non exempt item? Can they take car that doesn’t have a lien on it?
Timothy Denison
Timothy Denison
answered on Sep 14, 2023

Yes. That could be a non-exempt item.

3 Answers | Asked in Bankruptcy and Consumer Law for Texas on
Q: Ordered products online. Never got the products. Found company Chapter 13 on 11/21. Website took my money. What to do?

Ordered from Jeff's Jams & Jellies on 6/28/2023. Jeff's Jams & Jellies OnlineOrder 00003518. Jeffrey Harry Gomes

Case Summary

On 11/30/2021 Jeffrey Harry Gomes was filed as a Bankruptcy - Chapter 13 lawsuit. This case was filed in U.S. Bankruptcy Courts, Hawaii... View More

John Michael Frick
John Michael Frick
answered on Aug 15, 2023

Maui has recently faced some serious challenges involving weather and wildfires. The most recent devastating wildfires have made international news. This may not be a matter of deliberate fraud. It may be that shipping and other resources are tapped out addressing these catastrophic challenges,... View More

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1 Answer | Asked in Bankruptcy for Texas on
Q: Can I apply for a payday loan if I have not had my final confirmation in chapter 13 bankruptcy?

I have had an emergency pop up and don't have the cash to cover it before my next payday.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jul 12, 2023

Of course, you can ask/apply.

However, legitimate lenders, perhaps even payday lenders, want to see a General Order of Discharge in any pending bankruptcy case before funding a loan.

Just personally, imho, there is no safer borrower out there than one who recently got a bankruptcy...
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2 Answers | Asked in Bankruptcy for Texas on
Q: How do I find my case?

I filed bankruptcy earlier this year. Can you help me find the case and all the information tied to it?

John Michael Frick
John Michael Frick
answered on Jul 6, 2023

This is really a question to ask your bankruptcy lawyer. He will know the case number and where it was filed.

If you did it yourself without a lawyer, you would know the case number and where it was filed. Electronic records for your case should be available on PACER through the...
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1 Answer | Asked in Bankruptcy for Texas on
Q: If my parents are in bankruptcy, will they take money out of my joint account with my mom?

My dad has filed for bankruptcy, and since he is married to my mom they’ve taken money out of their accounts, or soon will, and I’m worried I’ll have money taken out of my account too since I have a joint account with my mom, my dad has already had money taken from him, but my mom hasn’t yet

Timothy Denison
Timothy Denison
answered on Jun 2, 2023

It’s possible, yes, depending on the exemptions she claimed. You probably should withdraw all that belongs to you until they get the monthly payments established.

1 Answer | Asked in Bankruptcy for Texas on
Q: Our debts are piling up and we are seriously considering bankruptcy as 26 and 27. Should we or not?

we have defaulted on all our credit cards with some being charged off; a car loan as well and have the gloom of being sued and trying to get on a payment plan with student loans likely coming down the pike soon, We are considering bankruptcy to get some income back and hopefully rebuild credit... View More

Timothy Denison
Timothy Denison
answered on May 28, 2023

Possibly. You should consult an experienced bankruptcy attorney to review your entire financial situation and help you make the right decision.

1 Answer | Asked in Bankruptcy, Divorce and Family Law for Texas on
Q: My husband and I are divorcing but we both need to file bankruptcy. Which should we file first?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 19, 2023

A reliable answer to your question can only be given after a full review of your respective financial circumstances.

That said, domestic relations SUPPORT obligations (spouse or children) are generally not modifiable by a bankruptcy court. However, payments in the nature of property...
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2 Answers | Asked in Bankruptcy for Texas on
Q: Will I be able to keep my home if I file for chapter 7 bankruptcy and will the lien on my home be removed? Thanks
John Michael Frick
John Michael Frick
answered on May 19, 2023

Generally, as long as you timely pay any debt secured by your home, you should be able to keep your home.

Generally, any valid lien on your home will remain until the debt secured by the home is paid.

If you fail to pay a valid debt secured by your home, the lender can ask the...
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1 Answer | Asked in Foreclosure and Bankruptcy for Texas on
Q: If a bankrupcty filing is dismissed due to errors on paperwork is the lender required to start the foreclosure

process over again. IE resend the notice of default certified and then the notice to accelerate and sale date?

John Michael Frick
John Michael Frick
answered on May 8, 2023

Typically yes with respect to the notice of sale.

Trustee’s and foreclosure sales happen on the first Tuesday of each month. Certain notices ordinarily required are specific to a particular sale date. Others are not.

Typically, a notice of default and a notice of acceleration...
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1 Answer | Asked in Bankruptcy for Texas on
Q: Does a law firm in another state working a bankruptcy case have to serve those being sued "in person" ?

Or can they legally serve you by mail? What happens if you don't get the papers?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 21, 2023

The original Notice of the filing of a bankruptcy case is sent out by the Bankruptcy Court Clerk, not the debtor or his lawyer, but using the addresses provided by the debtor's original filings of names and addresses of creditors and other interested parties. Unreturned mail is sent back to... View More

2 Answers | Asked in Bankruptcy for Texas on
Q: Do I assume any risk if I represent my company in a bankruptcy final hearing? -- I am a staff level employee.

I have recently been asked by our CFO and CEO to represent the company at our final hearing for Chapter 11 Bankruptcy. In this hearing we will present our bankruptcy plan to the Judge for his final approval.

Our CFO is on vacation in Europe and will not be able to attend. I was asked to... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 12, 2023

You are wise to seek legal advice prior to your impending testimony.

It is also wise to have counsel appear with you at any hearing in court, although it seems from your brief report of facts that it will be counsel for the debtor corporation who will appear with you, so his loyalty is to...
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1 Answer | Asked in Bankruptcy for Texas on
Q: What’s included in calculating current monthly income in the 6-month period for Chapter 7?

I understand the straightforward wage portion of it but I’m confused as to whether a personal loan from a family member would count as income during that period.

Timothy Denison
Timothy Denison
answered on Apr 7, 2023

A personal loan that must be repaid is not income for purposes of calculating the six month average.

1 Answer | Asked in Gov & Administrative Law and Bankruptcy for Texas on
Q: How to have a state district court judge disqualified or recused in Dallas?

This judge has "stayed" my case against 4 Defendants, because one filed for bankruptcy. Basically all 4 defendants are benefiting from bankruptcy, when only one filed for it.

John Michael Frick
John Michael Frick
answered on Mar 16, 2023

The fact that a judge has stayed your case due to a bankruptcy filing is not grounds for disqualification or recusal.

If you believe the stay is improper, you can file a petition for writ of mandamus with the court of appeals.

You can also file a motion to lift the stay in the...
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1 Answer | Asked in Bankruptcy and Contracts for Texas on
Q: What can I do if my solar installer promise 91% coverage of my prior utility bill and it is only covering about 35%

The solar contractor has since gone out of business and has filed bankruptcy.

John Michael Frick
John Michael Frick
answered on Mar 14, 2023

The company that has filed bankruptcy and is now out of business is no longer a viable defendant.

You might consider looking at the solar panel manufacturer to determine if the installers were simply repeating a representation previously made by the mfr.

2 Answers | Asked in Bankruptcy, Consumer Law, Small Claims and Collections for Texas on
Q: Can a debt collector that bought your debt sue you for a debt that has exceeded the statue of limitations?

I just got a paper in the mail as an advertisement from a legal firm saying they found a court filing for a lawsuit under my name. They were fishing around to represent me. I set out to do some digging and it turns out a debt collector(Jefferson Capital) bought the debt from my original creditor.... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 3, 2023

Anybody with a couple hundred bucks, or whatever the court filing fee is, can sue anybody else. The key question is whether they can get a judgment, i.e., win.

If you can show a court that your first default occurred more than four years ago, and was not subsequently cured by catching up...
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