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Texas Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy and Family Law for Texas on
Q: Can I fill out a bankruptcy response to the court when I am owed spousal support? A motion to deny my stay was entered

Ex husband declaring bankruptcy, I have a default judgement and certificate of enforcement but have been unable to collect. I have an attorney, but each thing costs me money. In the divorce decree it states the ex must pay for my attorney fees, but since I have a default judgement, does that negate... View More

Timothy Denison
Timothy Denison
answered on Dec 17, 2022

No. He still owes you the money. Domestic support obligations are non-dischargeable. You can recoup your attorney fees up through the date of the order but you can always go back in and ask for more attorney fees bc if the bankruptcy.

2 Answers | Asked in Bankruptcy for Texas on
Q: How do I access business bankruptcy asset liquidations/sales in Texas Southern District (Austin)?

Looking to get access to assets that are being sold as part of Chapter 7/11/13 proceedings in Austin TX

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Dec 14, 2022

While, as the first answer instructs, contacting the bankruptcy trustee is a good idea (trustees looking to sell estate assets always want to maximize sale prices, and that comes from drawing in more prospective purchasers), your question seems to suggest that there are multiple cases/trustees in... View More

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2 Answers | Asked in Bankruptcy for Texas on
Q: If you have a house that you need to sell however you are in the middle of a bankruptcy when can you sell the house?

My husband passed away recently from cancer. Because of the expenses, we are in dire straights financially and I will probably have to file for bankruptcy while I try to determine what to do. I need to keep my house long enough to be able to sell it and get the equity+ out of it. The house is... View More

Cristina M. Lipan
Cristina M. Lipan
answered on Nov 9, 2022

Any equity you have in that house (above your exemption) would belong to the bankruptcy estate if you file bankruptcy. Meaning, the Trustee might sell it to take that money to pay your creditors. You may have enough of an exemption to protect that equity, but what is available to you will depend.... View More

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2 Answers | Asked in Bankruptcy for Texas on
Q: If you have a house that you need to sell however you are in the middle of a bankruptcy when can you sell the house?

My husband passed away recently from cancer. Because of the expenses, we are in dire straights financially and I will probably have to file for bankruptcy while I try to determine what to do. I need to keep my house long enough to be able to sell it and get the equity+ out of it. The house is... View More

Timothy Denison
Timothy Denison
answered on Nov 13, 2022

I’d you file bankruptcy, you’ll need to get permission from the trustee and the court to sell your house and they may take all your equity to pay your creditors. If you haven’t filed yet, consult a competent bankruptcy lawyer to help you navigate the pitfalls.

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1 Answer | Asked in Bankruptcy for Texas on
Q: Can I file for bankruptcy and not lose my house?

My husband who was the only one bringing home a paycheck died 9/21/2022. I'm trying to sell my house, car and jewelry so that my son and I aren't without anywhere to live. I'm behind on the house payments because I simply cannot afford the $1700 a month payment. They will foreclose... View More

Timothy Denison
Timothy Denison
answered on Nov 7, 2022

You may be eligible for bankruptcy depending on your assets and equity in your house. You should consult a competent bankruptcy attorney who can assess your entire financial situation. There are lawyers who may do this pro Bono or at a reduced fee. Contact your local bar association or legal aid... View More

2 Answers | Asked in Bankruptcy for Texas on
Q: Can I redeem my repossessed vehicle by filing chapter 13 bankruptcy?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Apr 29, 2024

In large part, the Bankruptcy Code accommodates applicable State law with respect to whatever property rights have been created as of the bankruptcy filing date.

So your first stop is your written agreement with dealer/lender with whom you have had a car loan. If you have a right to...
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3 Answers | Asked in Bankruptcy for Texas on
Q: I received an e-mail notice at 7:00 PM tonight my CH 7 was discharged today. I was planning on filing a motion to redeem

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?

Timothy Denison
Timothy Denison
answered on Jan 13, 2024

You can file both at the same time.

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3 Answers | Asked in Bankruptcy for Texas on
Q: Need advice on a fraudulent bankruptcy case that involves someone stealing my company by forging my name on documents.
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
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",...
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1 Answer | Asked in Bankruptcy for Texas on
Q: Ch. 7 reaffirmation agreement. I am past the 60 day deadline from 341 meeting. I exempted a title loan that held my

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

Timothy Denison
Timothy Denison
answered on Jan 4, 2024

Why not surrender it if you have not reaffirmed and just walk away?

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.

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 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 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.

1 Answer | Asked in Bankruptcy for Texas on
Q: Will a trustee’s “balance on hand” be refunded to the debtor, once all base plan payments are made?

Also, if a secured creditor refunds trustee for overpayment, does that get returned to debtors? Chapter 13

Timothy Denison
Timothy Denison
answered on Feb 26, 2023

If there are no other costs or expenses from the trustee one the plan is paid, those monies should be returned to the debtor.

1 Answer | Asked in Bankruptcy for Texas on
Q: Saw Bankruptcy Lawyer/ Consultation about filing chapter 7 , paid $5,500 up front, 24 hrs changed my mind, won’t refund

Paid $5,000 up front plus filing fees and I explained while there at Bankrupcy Attorney office that I shared inherited property with my siblings, After I got home within 24 hrs I called our probate Attorney and was told the Bankruptcy could affect my siblings in the shared property so I called... View More

Timothy Denison
Timothy Denison
answered on Feb 7, 2023

Depends on the contract you signed but most likely not appropriate. If he continues to refuse and your contract does not address it, you may have to file a fee dispute with your state bar.

1 Answer | Asked in Collections and Bankruptcy for Texas on
Q: Does a motion to lift stay (DSO Claimant) for a default judgment mean I still must figure out collection from ex?

Ex Husband is still in the approval (or denial) for Chapter 13. My motion for relief of stay keeps getting pushed forward since he keeps getting pushed forward. The trustee is now recommending denial of his chapter 13 due to timeliness. I have a default judgment for attorney fees and amount owed up... View More

Timothy Denison
Timothy Denison
answered on Feb 6, 2023

You will have to get the additional award of attorney fees approved by the divorce court. Your settlement agreement may also have language regarding such an award.

1 Answer | Asked in Bankruptcy, Real Estate Law and Business Law for Texas on
Q: A partner stole my corporation The judge gave it back to me. He files bk while it’s mine. I have all the proof

I need a lawyer iif we would of finished the billl of review we would of won ? evidence was presented, and Court found that I was the only owner of my company 4 days later ex partnerfiled filed bankruptcy on behalf of my company just four days after this Court told him that he did not own it. I... View More

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

If you still own the business, simply move the Court to dismiss the bankruptcy as unauthorized.

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