Texas Bankruptcy Legal Questions

I don't think divorce proceedings would affect the dischargeability of any taxes.  It only really affects the rights between the two parties (the two spouses).  The statutory requirements for discharge of taxes are extremely complex with a slew of nuances and exceptions. My page on taxes gives the broad strokes of discharge requirements.  In your stated facts, you would not be able to discharge the two unfiled tax years.  You might be able to discharge them in a bankruptcy case filed more than 2 years after the returns are eventually filed, assuming that all the other requirements are met AND assuming that the taxing agency does not file their own "substitute tax return" because you failed to timely file one.  Once they file the substitute return, the taxes for that year is never dischargeable in bankruptcy. 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.  CONTACT MARK for more information or to schedule an appointment.   ... Read More

You need to file a brief in opposition to the motion to dismiss that explains why your case should not be dismissed. You will need to point to the similar claims that have been upheld and case law for similar situations where courts have heard the issue and resolved the matter rather than throwing the case out. A legal brief is a document that very clearly shows the court why you are opposing the motion to dismiss using case law, facts, and similar scenarios to yours to persuade the court to allow the claim to continue. ... Read More

I don't see a question here, and there isn't enough information to answer what I think you're asking. What is your relationship to this case?  Are you the debtor?  Are you a creditor?  Are you representing the debtor, or a creditor?   Different answers for different relationships.  If you're a creditor, it's likely in your best interest to report the bankruptcy fraud, but I don't see how you have any legal obligation to do so. 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

In general, if your lawyer makes a mistake, you can make a claim against his malpractice insurance, file a bar complaint, and/or sue the attorney. I'm not sure where you are in the process or what has been done, but it might be advisable to sit down with the attorney and ask him directly what he intends to do to fix the mistake.... Read More

You would need to gather the documents that transferred the property (the deed, HUD statement, sellers disclosure etc.) or any documentation that you have and contact an attorney for a free consultation. Based on the information provided it would be difficult to determine if there is any cause of action.... Read More

The car lender is lying to you about taking the car if your payments are current. And it is too late to obtain a reaffirmation, which by law must be submitted to the court before the discharge is entered. You should have read your entire bankruptcy petition before it was filed and let your lawyer know that a creditor was missing, if in fact it was missing. Look at Schedules D or G of your bankruptcy paperwork to determine whether this debt was included. If not included, it is now too late to make any changes. Talk to your own lawyer about the repercussions of this mistake of yours.... Read More

You under an obligation to review your bankruptcy petition and ensure that all creditors are listed. It is not your attorneys fault that your car lease was not included. That being said, you must file a motion to reopen your case if it has been closed, file an amendment to the bankruptcy petition adding your car lender, and filing motion to assume the lease. This may or may not work considering there is a deadline within which you must assume or reject your leases. My office would charge $2500 for the service. You may be better off to simply continue to pay your lease payments and if the car company attempts to repossess you can sue in state court since you're not in default of the agreement.... Read More

It sounds to me as though your car company is trying to pressure you into filing A reaffirmation agreement. My advice is to leave the bankruptcy closed. As long as you keep making your monthly payments they should not be allowed to repossess your vehicle. You do not have to file any statement of intention in order to keep your vehicle. A reaffirmation agreement only favors the creditor in most circumstances.... Read More