Texas Bankruptcy Legal Questions

Generally which bankruptcy depends on your overall situation. However, most people in this situation want to file a chapter 7 bankruptcy.  However, without a understanding of your over all situation it is impossible to give good advice.  You really need to visit with a bankruptcy attorney in your area.   If you provide me information on where you live, I can try to recommend someone. David @dlplegal.com      ... Read More

Cash advances within 90 days of filing are presumptive fraudulent. But beyond that payday loans are dischargeable, absent fraud. If you took lots of them & paid nothing back, your filing might be considered fraudulent but the burden would be on the creditors or trustee to prove such fraud.... Read More

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.  ... Read More

There you have it, another perfect answer from Mr. Markus.  At this point refiling, is all you can do.  Did you contact your bankruptcy lawyer when you were getting close to being dismissed?  They should have been able to help you.  There are several avenues you could have taken.... Read More

Holy Guacamolle.  How did you get into this mess?   What a nightmare, I'm sorry. First things first. Need to talk, if in Huston area.  Free first meeting.  Then wait for his surgery, bc we can put all of those bills into the bankruptcy. Last thing for now, do NOT sign any papers concerning your bills with any medical provider, at all.  None.  Say you cannot guarantee anything. Don't let them bamboozle you into it, either.  Stand your ground. Check out my web page, for more info on me:  www.bergmanlawfirm.net OMG, you are in it up to your eyeballs. It will be OK.  FYI: don't file for a fake divorce.  You think you are in trouble now?  Even more trouble if you do that. That's fraud in the bankruptcy courts, and really you don't want to be in trouble with the federalies. ... Read More

Mainly on income. From there, the court counts family size, and looks to creditors and amounts owed. Under $35000 for one give or take a few dollars, and goes up from there.  Also, depends if business failed, or just consumer debt.  That's why there are lawyers, to help you decide which way to go. First consultation usually free with most bankruptcy practitioners.... Read More

Don't even think about that unless you put it somewhere where the funds are safe, and you can never take them out and use for living expenses. Everyone that I know that has taken out their pension and thinks they can do better with the money lose all of it. Putting the funds into some type of irrevocable trust is the only recommendation that I would give you.  Protected from you, your creditors and anyone else who might see you as a target. As in a new spouse.... Read More

I really don't know what you mean when you say your "bankruptcy case says".  Bankruptcy cases don't say things.  Your case was either dismissed, or it wasn't.  If it was there must be a court order dismissing it, and if that occurred, your case is over and you did not receive a discharge of debts.  In order to receive a discharge you would need to file a new bankruptcy case. Without knowing why it was dismissed, when, and all the other facts and circumstances surrounding your case, I can't advise as to what other options you might have with respect to vacating the dismissal order, etc.  You need to consult with an experienced 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.  ... Read More

Student loans are a very difficult form of debt from which to receive a bankruptcy discharge. You should consult a local bankruptcy attorney to determine what debt can be discharged.  Most bankruptcy attorneys offer a free initial consultations to determine if bankruptcy is appropriate. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

Divorce court orders only affect things between the two spouses.  It does not affect obligations you owe to creditors.  If you owed an obligation to these creditors before your divorce, then you owe them now.  Your ex-husband's filing bankruptcy similarly does not affect your obligation to your creditors. 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

By having a comprehensive consultation with an experienced bankruptcy attorney in your area. 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