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AV Preeminent Peer Rated Attorneys
Onalaska Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Onalaska Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • 209 E. Hanson, Cleveland, TX 77328-1676

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  • 118 S. 2nd, Lufkin, TX 75902-1546

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The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

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Commonly Asked Bankruptcy Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Will the Trustee's office take my tax return over a certain amount?

Answered by attorney Mark J Markus
Bankruptcy lawyer at Law Office of Mark J. Markus
In most jurisdictions you are required to submit your tax returns to the Trustee in your case each year after your case is filed.  The purpose of this is for the Trustee to review your income to see if it has increased significantly enough to warrant an increase in your plan payment. Your question implies that you meant tax REFUND, rather than tax return.  If that's the case, then I would need to know what tax year the refund is for, and when you filed your case in order to answer your question.  If this is for a prepetition tax year, then whether the trustee is entitlted to that refund depends on whether or not you exempted it.   If it is for a post petition tax year (after your case was filed), then the Trustee may be entitled to it depending on the terms of your plan, the percentage being paid to unsecured creditors, and the requirements of the courts in your jurisdiction. You need to consult with a bankruptcy attorney in your area for more details. 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.  
In most jurisdictions you are required to submit your tax returns to the Trustee in your case each year after your case is filed.  The purpose of this is for the Trustee to review your income to see if it has increased significantly enough to warrant an increase in your plan payment. Your question implies that you meant tax REFUND, rather than tax return.  If that's the case, then I would need to know what tax year the refund is for, and when you filed your case in order to answer your question.  If this is for a prepetition tax year, then whether the trustee is entitlted to that refund depends on whether or not you exempted it.   If it is for a post petition tax year (after your case was filed), then the Trustee may be entitled to it depending on the terms of your plan, the percentage being paid to unsecured creditors, and the requirements of the courts in your jurisdiction. You need to consult with a bankruptcy attorney in your area for more details. 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.  
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Can I file for a chapter 7 bankruptcy?

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Answered by attorney Robert Jason De Groot (Unclaimed Profile)
Bankruptcy lawyer at R. Jason de Groot, P.A.
If no assets or creditors were left out of the papers that were filed, you do not need to amend the schedules. They are prohibited from contacting you and there may be a violation of the automatic stay if they have. You also do not need to send creditors proof that you have filed or that the debt to them has been discharged. They already got notice that you have filed. Often, one department of a large bank does not know what the other department knows. If a bank tries to collect a debt which has been discharged, there may be a violation of the Federal automatic stay.
If no assets or creditors were left out of the papers that were filed, you do not need to amend the schedules. They are prohibited from contacting you and there may be a violation of the automatic stay if they have. You also do not need to send creditors proof that you have filed or that the debt to them has been discharged. They already got notice that you have filed. Often, one department of a large bank does not know what the other department knows. If a bank tries to collect a debt which has been discharged, there may be a violation of the Federal automatic stay.
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Is there any possible way to keep a car when filing a chapter 7?

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Answered by attorney Dorothy G. Bunce (Unclaimed Profile)
Bankruptcy lawyer at A Fresh Start
Questions about keeping a car are the most common concerns that people have when considering bankruptcy. Cars that are financed are seldom at risk of being taken away by the bankruptcy process (unless the equity in the vehicle is very large), but the car can be repoed by the finance company if you don't make the payment and if you don't reaffirm the vehicle loan. In Nevada, your vehicle would need to have equity of more then $15K to be at risk.
Questions about keeping a car are the most common concerns that people have when considering bankruptcy. Cars that are financed are seldom at risk of being taken away by the bankruptcy process (unless the equity in the vehicle is very large), but the car can be repoed by the finance company if you don't make the payment and if you don't reaffirm the vehicle loan. In Nevada, your vehicle would need to have equity of more then $15K to be at risk.
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