Texas Bankruptcy Legal Questions

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 Answer

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 Answer

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 Answer

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 Answer

This is a very important question as it demonstrates the importance of the meeting to have an experienced bankruptcy lawyer help you from the beginning of your bankruptcy, so mistakes like this do not happen. If you need a mortgage modification, meaning your behind on payments and having trouble paying your mortgage chapter 7 bankruptcy would not have helped you. If you received a discharge then you would need to reopen your case to file any motions. But chapter 7 bankruptcy does not allow you to file motions for all mortgage modification, in fact you need to be caught up on all payments before filing chapter 7 or any debt that your behind on will automatically be discharged in a chapter 7 bankruptcy. Once a debt is discharge in chapter 7 bankruptcy, you no longer have the financial obligation on that debt. Since there is no longer financial obligation for you to pay the debt, there is no motion to be filed for a mortgage modification. If you wanted to file a motion for a mortgage modification that would of been done in a chapter 13 bankruptcy, these other forms of bankruptcy that are used to save homes that are facing foreclosure. Chapter 7 bankruptcy does not help the situation with a mortgage that is behind on payments. You may want to attempt to contact a knowledgeable bankruptcy lawyer and have them reopen your case, then file a motion to have the case converted to a chapter 13 bankruptcy case, and then finally you may file a motion to have the bankruptcy court petition the bank for a mortgage modification which the bankruptcy court will oversee and the lender must perform the modification in good faith. 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 Answer

A second mortgage can also foreclose on a property, but they must pay off the primary lender who holds the first mortgage before obtaining the money to cover the second mortgage. In either a chapter 7 bankruptcy or a chapter 13 bankruptcy you may include a second mortgage is very it is either a construction loan or a permanent loan. Also in either chapter 7 bankruptcy or chapter third bankruptcy you may file a motion to avoid lean which is chapter 522 (f)(2) of the US bankruptcy code. If the math works out you could simply strip the lien from your property and only have to deal with your first mortgage. You should seek the advice of a experienced bankruptcy lawyer to determine if this is an option for you.   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 Answer

If your husband was given a chapter 7 bankruptcy discharge, which discharge the mortgage on the home you're living in, then even though he has been voluntarily paying the mortgage, he is under no obligation to pay the mortgage. So as long as you determine that the debt was discharged in bankruptcy, stop paying the mortgage. Stay in the home as long as the bank will allow you before they foreclose and sell the property, save the money you are putting towards mortgage to be used towards the down payment of a new home. Once they foreclose on you you will have to move out, but is no reason for you to move out until then. Even though you've been paying the mortgage voluntarily this does not change the fact that you are under no obligation to pay the mortgage and can leave whenever you want. 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 Answer

If you're referring to the court filing fees, at the moment they are: Ch. 7:  $306 Ch. 13: 281 As of June 1, 2014 they are increasing to: Ch. 7: $335 Ch. 13: $310 Attorneys fees are, of course, additional and the amounts vary depending on a number of factors including: The complexity of your case The quality and experience of the bankruptcy attorney Your location. See more on bankruptcy costs and fees... Read Answer

There is no limit to the number of times one can file bankruptcy (unless the Judge in a prior case BARS you from filing another one).  The issue is whether you can receive a discharge in a subsequently filed case, and that depends on which chapter the prior case was and which chapter the new one is going to be.   In your case, you would be eligible to obtain a discharge in any bankruptcy chapter given the time that has elapsed since your prior case was filed. For more details, see my prior bankruptcy timeline article.... Read Answer

Your time to object to the discharge of her debt has passed, so there isn't anything you can do at this point.  You could have possibly objected on the basis of fraud (although that is difficult to prove, and would have cost at least $5,000+ to litigate). If she had any unprotected assets, you should have received a notice from the court telling you to file a claim.  If not, then there is nothing to be disbursed, and your debt having been discharged, there isn't anything further you can do.  ... Read Answer

Yes, you can re-file as long as the order dismissing your case does not prohibit it. However, the automatic stay (which prevents creditors from commencing or continuing any collections efforts) will only be in effect for the first 30 days of your case unless you get the court to extend that. Depending on what types of creditors you have, it is critical that you file the motion to extend the stay AND have the court rule on it within that first 30 days. Make sure you hire a competent bankruptcy attorney.  ... Read Answer

Whether you will lose your assets depends on the following:   1.  What assets you have 2.  What their value is 3.  Which chapter you file 4.  What exemptions you have available under applicable laws in your case to protect the value in your assets. You need to have a consultation with a bankruptcy attorney in your area to get the answers to your question.  There's far too much missing information here to answer.... Read Answer

It is very unlikely that you will be prosecuted for check fraud due to an unpaid payday loan. However, you may need to send a written notice that debt collectors not contact you or your wife in attempts to collect the debt. They may file a civil lawsuit against you for the unpaid amount, but it is very difficult to prove check fraud, so I wouldn't worry about getting arrested. For more information, please see here:   http://www.bills.com/pay-day-loan-collection-advice/... Read Answer

A dismissal of bankruptcy means you are no longer in bankruptcy and did not receive a discharge of debts.  Thus, you still owe the balance remaining to any of your pre-bankruptcy creditors and if you were curing a default on your mortgage, the default is still there and they can now foreclose. Your options now are to either file a Motion for Reconsideration or to Set Aside the Dismissal if you have appropriate facts to do so (which you might), or file a new Chapter 13 case. A lot of times claims are filed which need to be paid in full, so the payment you were originally making might not have been sufficient to cover all the necessary claims.  Without reviewing your entire case file I couldn't tell you what the situation is in your case.  Your attorney should have been monitoring that and taking steps to modify your plan payments if necessary.  But I'm just speculating as to what may have happened. 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 Answer