Texas Bankruptcy Legal Questions

There are too many different variables to answer what assets will be liquidated in a chapter 7 bankruptcy.   You should consult a local bankruptcy attorney.  Most bankruptcy attorneys offer a free initial consultations to determine if you qualify for bankruptcy, and 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

As long as your case was filed in good faith, and you didn't commit any "bad acts" during the course of your case, you should be able to dismiss your chapter 13 case voluntarily at any time.  If you do this, then your creditors will be able to seek to collect on their debts against whatever avenues they have under your state's laws (such as garnishment, levy, attachment, etc.). Why not convert your case to Chapter 7 and get a discharge of debts?  You don't state what debts you have, and you may not even be eligible for Chapter 7, but you should consult with a qualified bankruptcy attorney in your area to evaluate all your options. Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of California Board of Legal SpecializationHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr  ... Read More

You can always file bankruptcy at any time.  The issue is whether you can receive a discharge of debts.   That depends on which chapter you previously filed and what the outcome of the prior case(s) was.   There's too many possible permutations to list them all here.  If you want to provide more information about your situation, I and others can give you a more specific answer.   Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of California Board of Legal SpecializationHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr  ... Read More

I'm sorry to hear about your father.  That's a tough situation.  Whether your father can keep his house in bankruptcy depends on which chapter he files, the value of the house and his other assets, and what exemptions are available under applicable law. Exemptions are "protections" for value you have in certain assets such that they are "exempt" from collections.  Every state has different exemptions amounts available. Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period. I believe Texas has an unlimited homestead exemption, so he may in fact be able to do what you suggest, but you should consult with an experienced bankruptcy attorney in the area where he lives for more details. Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of California Board of Legal SpecializationHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr  ... Read More

Determining eligibility to file bankruptcy is a very complicated process and requires an analysis of many different factors, and you have not provided (and could not provide) the necessary information in a forum like this.  You need to consult with a bankruptcy attorney in your area for the answers to your questions. As far as which assets you can keep, that depends on the value of the assets, and the exemptions you have available under applicable law.  Exemptions are "protections" for value you have in certain assets such that they are "exempt" from collections.  Every state has different exemptions amounts available. Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period. Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of California Board of Legal SpecializationHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr  ... Read More

You are not eligible to obtain a discharge in a Chapter 7 bankruptcy until 8 years have passed from the commencement date of the last bankruptcy you filed.  You are eligible to file a Chapter 13 bankruptcy and receive a discharge 6 years after the commencement date from your last bankruptcy you filed.  I hope you found this answer useful.  ... Read More

Your home is not scheduled for a foreclosure auction sale today. In Texas the sale can be set only for the first Tuesday of a calendar month. You can file a Chapter 13 and stop the sale at any time before the sale begins. Your notice of the sale should give the earliest time at which the sale will begin. Bear in mind, however, that you must complete a debtor education course BEFORE you can file.... Read More

There isn't enough information to fully answer your questions and you should definitely (if you don't have one) hire an attorney to analyze your situation and advise you. You can convert your case to Chapter 7 (assuming the means test calculations and other budget considerations enable you to do so).  Whether or not you would lose any assets, including your property in Mexico depends on the value of the properties, amount of equity in them, and the exemptions you have taken on those properties.  Exemptions are "protections" for value you have in certain assets such that they are "exempt" from collections.  Every state has different exemptions amounts available. Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period. Hardship Discharge The hardship discharge in Chapter 13 requires 3 elements to be proved: 1. Your failure to complete the plan payments is due to circumstances for which you should not be held accountable (typically this means something like an unexpected job loss due to an injury, etc.) 2. Your unsecured creditors have received more than they would have received had you initially filed a Chapter 7 case, AND 3.  It's not practicable to modify your plan (by lowering or temporarily suspending your plan payments. There's a lot involved in the above, so as I said, you need an experienced bankruptcy attorney to analyze everything. Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of California Board of Legal SpecializationHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/los angeles bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr  ... Read More

No, but you should obviously not keep any funds in joint accounts with him because his creditors aren't going to know what portion of funds in an account are yours and which are his.  Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of California Board of Legal SpecializationHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr  ... Read More

You need to go to the Michigan Secretary of State office nearest to you and make application for a title. You can tell them that you never got the original title or that it was lost. They will tell you what you have to do. I am sure you will need the VIN # for the car and the year it was made, the model information and the make.... Read More