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Texas Bankruptcy Recent Legal Answers from Lawyers

Texas Bankruptcy Recent Legal Answers from Lawyers

Need help in chapter 7 bankruptcy

Answered 7 months ago by attorney Min (Peter) Gyu Kim   |   1 Answer   |  Legal Topics: Bankruptcy
Good morning Im sorry to hear about your situation. If you file a bankruptcy (chp 7 or chp 13 depending on your financial situation) it will 1) stop the lawsuit per the automatic stay. The automatic stay is like your legal shield that stops lawsuits, repossession, foreclosure, etc.. 2) The bankruptcy will address all your debts all at one time. This means that not only will this lawsuit and the underlying debt be address, anything else you owe will also be address. Depending on the nature of hte lawsuit, the bankruptcy will discharge (eliminate) your personal liability on your unsecured debts. Unsecured debts, even if a lawsuit is filed, will be discharged in a bankruptcy (barring very few exception) If you reside in Houston, my firm provides a free consultation to discuss your case. Peter Kim, Attorney (713) 259-3929... Read More
Good morning Im sorry to hear about your situation. If you file a bankruptcy (chp 7 or chp 13 depending on your financial situation) it will 1)... Read More
Yes you can include such debt in your bankruptcy. Luckily in bankruptcy, the bankruptcy looks at the substance of the judgement such as what the debt is  If it is a unsecured debt then you can discharge it in your bankruptcy case. However there are exceptions to the dischargeability rule Contact a local bankruptcy attorney to assist you If you reside in Houston, our firm provide free consultation to go over your facts and options so that you can make the best decision possible   Peter Kim, attorney Phone 713 259 3929... Read More
Yes you can include such debt in your bankruptcy. Luckily in bankruptcy, the bankruptcy looks at the substance of the judgement such as what the debt... Read More

Can my husband that is in prison file for bankruptcy?

Answered a year ago by attorney Min (Peter) Gyu Kim   |   1 Answer   |  Legal Topics: Bankruptcy
Good afternoon Im sorry to hear about your husband's difficult situation. Technically speaking, yes he can, but it may be difficult going forward. What I mean by that is, 1st if your husband files a bankruptcy, he does need to sign off on all documents filed. 2nd He does need to make an appearance for all the court hearings that are set. Since he is in prison, there are waivers or power of attorney that maybe used to get around that, but practically speaking, that will raise a secondary issue which is that your cost that your attorney may charge will go up. These extraordinary issues maybe something that attorneys will charge more for because it will require additional work outside the ordinary. If it is not an emergency situation to file for a bankruptcy, then waiting until he is out of prison may be the most prudent and cost effective path to take Hope this helps and if you are in Houston, TX or in the surrouding area, please feel free to contact me for further information or clarification Min Gyu Kim (Peter) Attorney at Law Law Firm of Min Gyu Kim PLLC Galleria Office 2100 West Loop South, Suite 805 Houston, TX 77027 Tel: (713) 259-3929 email: [email protected] Read More
Good afternoon Im sorry to hear about your husband's difficult situation. Technically speaking, yes he can, but it may be difficult going forward.... Read More
Good afternoon Your question cut off a little bit, but correct me if Im wrong, but it sounds like you are asking if you can keep both cars if you can only afford to keep only 1 based on your budget? Couple of things to keep in mind, 1) if you are filing a Chp7 bankruptcy, you have to be current on your secured debts (ie car note, mortgage, etc) and sign a reaffirmation agreement to keep the car and continue making payments on it under the original contract. (There are exception to that rule where you can potentially redeem the secured asset where you pay the value rather then what is owed, but it will be fact intensive) 2) If you are behind on your secured debts and you are wanting to keep the asset/car, your only other option is to file a Chp 13 bankruptcy. The chp 13 bankruptcy is where you are in a bankruptcy for a period of 3-5 years (depending on your income). The chp 13 will essentially "refinance" the car in the chp 13 bankruptcy where regardless you are behind or not, we get the total claim owed on the car and strech it out for the life of your chp 13 case (either 3 yrs or up to 5 yrs). At the same time we are able reduce your interest down to 5.5% interest (prime +1%). Based on this calculation your monthly paymetns may reduce. At the same time if you had purchase the car more then 910 days (about 2 1/2 years) you can utilitze a unique aspect of the chp 13 bankruptcy where you pay just the value rather then what is owed (ie value is $15k but you owe $25k, in the chp 13 you end up paying just the 15k and the remaining balance is treated as unsecured debt) Before you file the bankruptcy, please make sure you inform your attorney your status with the cars/secured debt (it is always advise to seek an attorney to assist you on your bankruptcy options)  If you are located in Houston, you can always contact me for assistance as well! Min Gyu Kim (Peter) Attorney at Law Law Firm of Min Gyu Kim PLLC   Galleria Office 2100 West Loop South, Suite 805 Houston, TX 77027 Tel: (713) 259-3929 email: [email protected] Read More
Good afternoon Your question cut off a little bit, but correct me if Im wrong, but it sounds like you are asking if you can keep both cars if you... Read More
You need to have an experienced attorney review your file with you. This is like calling a doctor out of the blue, and asking questions about your xrays, that the doctor has never seen before! Good luck.
You need to have an experienced attorney review your file with you. This is like calling a doctor out of the blue, and asking questions about your... Read More
You should only respond to a motion to lift stay if you oppose it AND have a legal defense to the motion. Based on what you have posted, it sounds like you do not meet either criteria to pursue opposing the lift stay. But consult with your own attorney because it is unclear whether you have disclosed all the information needed to say for sure.... Read More
You should only respond to a motion to lift stay if you oppose it AND have a legal defense to the motion. Based on what you have posted, it sounds... Read More
No, if you're not paying the mortgage, the lender has a right to lift the stay and foreclose on the property.
No, if you're not paying the mortgage, the lender has a right to lift the stay and foreclose on the property.
That would be a no.
That would be a no.
That would be a no.
That would be a no.

Will filing Bankruptcy effect my possible personal injury settlement

Answered 3 years and 7 months ago by attorney Warren Norred   |   1 Answer   |  Legal Topics: Bankruptcy
If you file bankruptcy while the lawsuit is pending, the trustee in the bankruptcy case can settle the lawsuit. And if you file the bankruptcy, you MUST list the suit, or you will lose the funds completely.  Best to wait until after the settlement.
If you file bankruptcy while the lawsuit is pending, the trustee in the bankruptcy case can settle the lawsuit. And if you file the bankruptcy, you... Read More

If bankruptcy didn't reaffirm my home, can I still walk away anytime?

Answered 4 years and 2 months ago by attorney Ms. Kathryn Ursula Tokarska   |   8 Answers   |  Legal Topics: Bankruptcy
The following answer applies to California jurisdiction only. I don't know of any local bankruptcy attorney who would condone or suggest to a client that they reaffirm a mortgage debt. It is not in your best interest to do that so the fact that you did not reaffirm is not a bad thing. If at some point you can't afford to make the payments anymore because you have filed and received a discharge in bankruptcy AND because you have NOT reaffirmed the debt you can walk away from the property. The only remedy the creditor(s) have is to take the property, they cannot sue you for any deficiency or attempt to collect from you. The protection of the bankruptcy discharge makes any such collections illegal. A loan modification, should you get one, would not change this result. Refinancing however would because when you refinance you get a new loan and in your case it would be a loan acquired after the bankruptcy had already been filed. Hope this perspective helps. Take care.... Read More
The following answer applies to California jurisdiction only. I don't know of any local bankruptcy attorney who would condone or suggest to a client... Read More
You have an absolute right to be happy with your lawyer. I charge a little more then younger, less experienced attorneys, but we do a very detailed sit down and review with our clients so there are no mistakes. My initial consultation takes at least an hour - I explain everything. At the review and sign, we do a three page checklist with the client so there are no misunderstandings (this takes one to two hours). We also go through a list of questions to be asked at the Creditors' Meeting by the Trustee. I meet my clients one hour before the Creditors' Meeting to go over everything one last time. This is time consuming and takes extra effort. But I have successfully filed thousand of bankruptcies. There are a lot of good attorneys out there - you just need to find the right one.... Read More
You have an absolute right to be happy with your lawyer. I charge a little more then younger, less experienced attorneys, but we do a very detailed... Read More
In my practice, I've found that most couples can buy a house at reasonable interest in two years after filing a Chapter 7. You'll need to reestablish your credit. That means you have to make your payments on time to a business that reports to the credit agencies. For example, you're renting an apartment or a house, you pay utilities but most landlords and utilities don't report to the credit agencies. Car loans and credit cards generally report, so if you have a car loan, you're rebuilding your credit just by making the payments. When you filed bankruptcy, you received a swarm of car loan and credit card offers - many of these are ripoffs but you should look at them and if there is a low limit credit card with a good interest rate (in your case consider 18% a good interest rate), then apply and make the payment every month.... Read More
In my practice, I've found that most couples can buy a house at reasonable interest in two years after filing a Chapter 7. You'll need to... Read More

i recieve ssi disability, can i file bankruptcy?

Answered 4 years and 5 months ago by attorney Mr. Joseph Francisco Botelho, Esq.   |   1 Answer   |  Legal Topics: Bankruptcy
Yes, you can file for bankruptcy if you receive SSDI disability income, Azure form of income. Although your question states that you need a vehicle but your keeping it, even though you can't afford it. If you have a car loan in your behind on payments or if you cannot make the monthly payments which will be demonstrated in your bankruptcy petition, you will not be able to keep the vehicle with a chapter 7 bankruptcy. If you are behind on payments on your vehicle you will need to use a chapter 13 bankruptcy to catch up on payments, but if you can't afford it there knocking a let you keep it. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob... Read More
Yes, you can file for bankruptcy if you receive SSDI disability income, Azure form of income. Although your question states that you need a vehicle... Read More

What are requirements of filing bankruptcy?

Answered 4 years and 5 months ago by attorney Mr. Joseph Francisco Botelho, Esq.   |   1 Answer   |  Legal Topics: Bankruptcy
That would depend on if you want to file either chapter 7 bankruptcy or chapter 13 bankruptcy, as there are different requirements for each. Most people are thinking chapter 7 bankruptcy so. With that first. The first requirement is based on the number of people living in your home and your median family income, which could be verified on the government bankruptcy website is your first determination. If for the size of your family, your income is too high you'll be forced to file a chapter 13 bankruptcy. There is no lower limit for how much debt you need to file chapter 7 bankruptcy, and the upper limit is over $1 million which I've never seen anyone filing chapter 7 actually reach. The filing fee for a chapter 7 bankruptcy is $306 and the filing fee for chapter 13 bankruptcy is $281. For chapter 13 bankruptcy you must have regular income, meaning your income does not go up and down from month-to-month to qualify. The reason that you'd use a chapter 13 over chapter 7 is either if you make too much money to file a seven or if you have assets you wish to protect. There are many questions that you did not ask, that should be answered by a qualified and experienced bankruptcy attorney. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob... Read More
That would depend on if you want to file either chapter 7 bankruptcy or chapter 13 bankruptcy, as there are different requirements for each. Most... Read More
If the property has not been foreclosed on, you list the property on Schedule A, the mortgage debt on Schedule D and your friend on Schedule G. Use the best name & address you can find for the mortgage company. Your credit report may be a good place to start.
If the property has not been foreclosed on, you list the property on Schedule A, the mortgage debt on Schedule D and your friend on Schedule G. Use... Read More

Can the lean holder file suit against the co-signee?

Answered 4 years and 6 months ago by attorney Ms. Susan Green 'Susan G. Taylor' Taylor   |   11 Answers   |  Legal Topics: Bankruptcy
I believe that 13 stops actions against co-signers.
I believe that 13 stops actions against co-signers.

How can I get power of attorney for my boyfriend who is in jail?

Answered 4 years and 6 months ago by attorney Ms. Melissa A. Botting   |   1 Answer   |  Legal Topics: Bankruptcy
First, nothing obligates someone to accept any power of attorney. Some institutions are concerned they may be forged or revoked and they will have some liability for accepting them. To increase your chances that your power of attorney will be accepted, you should have one prepared that meets the Texas statutory language. They are at least used to seeing that language in valid documents. As an alternative, he can sign documents to make withdrawals or deposits to his account from the jail.... Read More
First, nothing obligates someone to accept any power of attorney. Some institutions are concerned they may be forged or revoked and they will have... Read More

What can my mother do about her unsecured credit card debts?

Answered 4 years and 6 months ago by attorney Ms. Melissa A. Botting   |   1 Answer   |  Legal Topics: Bankruptcy
She should seriously consider filing bankruptcy.
She should seriously consider filing bankruptcy.

Is it too early to refinance or do we have to wait for the 10 year period?

Answered 4 years and 7 months ago by attorney Marlin E. Branstetter   |   10 Answers   |  Legal Topics: Bankruptcy
The bankruptcy will not prevent you from refinancing.
The bankruptcy will not prevent you from refinancing.
It may be possible to reopen your case or file a new case and obtain possession of your vehicle. If you start a new case after one dismissed case within the past year, the automatic stay will expire after 30 days unless you prevail on a motion to extend the automatic stay at a hearing held within 30 days of the petition date. You should consult with a bankruptcy attorney regarding your specific facts and circumstances.... Read More
It may be possible to reopen your case or file a new case and obtain possession of your vehicle. If you start a new case after one dismissed case... Read More

Filing Chapter 7 Bankruptcy

Answered 4 years and 7 months ago by attorney Mr. Joseph Francisco Botelho, Esq.   |   1 Answer   |  Legal Topics: Bankruptcy
Yes, you can get a used truck and file bankruptcy on all your unsecured debt and your car. The best case is if you get a loan for your truck, simply do not discharge it in your bankruptcy and it will keep reporting to the credit bureaus. This way you can help rebuild your credit and get rid of your unsecured debt and the car that is under water. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.   Joseph F. Botelho, Esq.BOTELHO LAW GROUPAttorneys At Lawhttp://fallriverbankruptcyattorney.com/901 Eastern Ave. Unit 2Fall River, MA 02723 Office:  888-269-0688FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob... Read More
Yes, you can get a used truck and file bankruptcy on all your unsecured debt and your car. The best case is if you get a loan for your truck, simply... Read More
It's not at all clear from your question whether you have already filed a Chapter 7 case or not.  The answers to your question are very different depending on that fact. If you are already in a Chapter 7 case, then getting a new job or starting a new business will not affect the case at all, so long as you didn't know about the job prior to filing and/or failed to disclose the probability of getting it. If you are not already in a Chapter 7, then your income will factor into your eligibility to file Chapter 7.  How so?   Chapter 7 eligibility is determined by numerous different factors. One of these is the so-called "means test" which looks at gross income received in the 6 calendar months prior to filing your case. Another test is the budget test which looks at your actual income and expenses on the date your case is filed. Analyzing such information is way beyond the scope of this forum.  You should definitely have a consultation with a bankruptcy attorney in your area to get more specifics on your situation. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read More
It's not at all clear from your question whether you have already filed a Chapter 7 case or not.  The answers to your question are very... Read More
If Energy Future Holdings owes you money for something, then you use the Proof of Claim form to tell the bankruptcy court how much the company owes you. Then someday if there is money left over to pay claims with, you may get a portion of what Energy Future Holdings owes you. If they don't owe you any money at this point, then you are free to ignore the claim form that you received.... Read More
If Energy Future Holdings owes you money for something, then you use the Proof of Claim form to tell the bankruptcy court how much the company owes... Read More
You may have recourse against him, pursuant to the divorce decree.
You may have recourse against him, pursuant to the divorce decree.