Debt & Bankruptcy - Texas

Reaffimation 4 years too late?

kathysmith39 — Mon, 09 Nov 2009 14:08:26 GMT

We filed chptr 7 bankruptcy in 7/2005 and were discharged about 2 months later. After recent water damage we filed a claim with our insurance company and received a check for the repairs necessary which was made payable to us and the mortgage company. We then tried to have the mortgage company endorse the check and they said they would not due to us not having a reaffirmation agreement. This is the first we heard of this! After going through our paperwork it was found that we signed an intent to reaffirm but never received a reaffirmation agreement. We understand that prior to October 17, 2005 that it was not a requirement and apparently our attorney felt it was not something we needed to address. We would have gladly signed it as we have no issue with paying the mortgage. We live here for crying out loud and pay our mortgage monthly so why wouldn't we be willing to reaffirm? We are being told we have to open the bankruptcy and reaffirm which is going to cost us more money again. This is no our fault...we had no idea we hadn't done everything. We signed everything our attorney had asked us to. Now we may have to pay more money and another filing fee for a failure to execute what we said we wanted in the first place? Can we force the mortgage company to treat this as a monitored claim? If they refuse to treat it as a monitored claim can we sue the mortgage company since we pay the insurance premium and the check was made payable to us and our mortgage company explicitly for the repairs that are required? Do we have any legal remedy against the mortgage company if this situation forces us into court just to get them to pay the contractor? The contractor we hired did an excellent job and deserves his payment. We are at a loss for what to do next.

Bankruptcy after divorce

x5david — Wed, 11 Nov 2009 23:28:18 GMT

My divorce decree in Texas states I pay "spousal support" not "alimony" for 3 years of $1500/month. They purposely used the support language to prevent me from being able to claim the payments against my taxes. Since I am currently not working that support has fallen behind.

My wife has filed suit to collect the past due amounts. My question is if I file bankruptcy, which I am considering regardless of the support obligation, would her recent filing for which a judgement is surely going to be granted, be wiped out in a chapter 7 filing? Also her attorney got a judgement for the $25,000 in legal fees she racked up in the divorce and could that be wiped out in a chapter 7 filing?

Municipal court ability to make me pay on a pre-petition fin

Abraham7 — Thu, 01 Oct 2009 17:28:51 GMT

I found out that according to Legal memorandum 80-26 (3rd supplement) bankruptcy ruling the court cannot legally issue warrants or bring me to court for the sole reason of collecting on a criminal fine. I cannot discharge it yes I know but they cannot collect on it according to this legal memorandum.

Who is right on this and can I get a tarrant county or any lawyer to help me defend myself against this Fort Worth municipal court. Or did I need to read this memorandum to the judge himself?

Property citations Leaking facuet, broken toliet, missing light switch cover (14) citiations became 14,000.00 in criminal fines. I when to court about them before my bankruptcy. I told them later after I was bankrupt. Did not care. Sent letter to city attorney too about my bankruptcy, nothing . Judge sentenced me to community service but I cannot serve community service because I will be fired if I take off one week a month for 3 years to pay it. Property citiations became criminal fines and warrants were issued and I went to jail to pay for some of them and almost lost my job. My bankruptcy lawyers only do the financial side of things not fighting the city. Help.

Personal loan and bankruptcy

Banko — Tue, 22 Sep 2009 22:48:32 GMT

Hello All,

I am planning on filing chapter 7 and have a question concerning a $15,000 personal loan I got 103 days ago.

QUESTION: Can I include this $15,000 personal loan when I file for chapter 7. The loan was needed to pay for a legal debt. (Ex-wife) Ugg!!

Thank you in advance for any information you may offer.

Regards,

Banko

Questions Before Filing Chapter 7

r3dl4b3l — Mon, 21 Sep 2009 12:50:51 GMT

Hi,

I have a piece of commerical property (land). I purchased it back in 2005 a little more than $500,000. I borrowed about $200,000 from friends and family. I am now in the process of trying to sell the property. The fair market value of the property is now at around $200,000. If i were to sell the property and give back the money from the sale of the property back to my friends and family that to pay them back, could I file for Chapter 7 or how long would I have to wait to file or would I be able to file for chapter 7?

Thank you

Chapter 13 Automatic Stay

dell2400 — Fri, 18 Sep 2009 16:18:30 GMT

My vehicle was repossessed a day ago. After calling to get info I was told the vehicle was charged off 2 weeks ago. Would filing Chapter 13 ASAP allow me to retain my vehicle?

After dismissal chapt7 collection agencies/law firms calling

paul4chng — Thu, 17 Sep 2009 15:54:18 GMT

Hello,

Recently my chapter 7 bankruptcy petition got dismissed & it landed me into a bigger trouble. I have been receiving harassment calls from Debt collector firms represented by attorney trying to get me to pay the entire debt that apparently the Credit card companies sold to them when I filed for chapter 7. I am willing to negotiate with them on a smaller amount but I want to make sure i am only paying to legitimate people & if thats a good course of action. please advise.

Thanks

US Trustee moving for dismissal of my chapter 7. help!!!!

paul4chng — Mon, 24 Aug 2009 02:31:46 GMT

My 341 meeting for chapter 7 went well, but an attorney in US trustee's offfice objected to some items on my form 22A & has moved for dismissal of my petition alleging presumption of abuse. my income is above the median income but My attorney had reviewed all my income/expenses & everything & taken my case - but now he doesnt have any clue what to do. he say we should just sit back & dont even defend the charges. I have prepared the defence & in fact planning for substitution of cousel -My question to the forum is: what are the chances that I could still win my case? is it worth finding another counsel & defending the case?

please advise.

Dallas Texas Restaurant- Bankrupt- Need Advice Please) ****

sugarmedia — Wed, 19 Aug 2009 05:01:28 GMT

Hello forum attorneys-

I would be very grateful for any detailed advice you can offer my wife and I.

Our restaurant went out of business 4 months ago. We were basically bankrupt and unable to carry on. We did not officially file for bankruptcy, we just closed the doors and sold off what we could to pay our tax related debt. We made no money on it.

Unfortunately, a consultant I had hired to help me build the restaurant contacted a glass and mirror company and had $3,500 worth of glass and mirrors put in around our bar and hostess stand. The owner of the company was kind enough to give us some grace on payment to him, but we unfortunately went out of business and now are not able to repay him. There is actually a long list of people we owe money to.

We were set up as a Delaware company doing business in Texas. A "C-Corp". My question is: "I have reason to believe that the glass and mirror company is going to take us to court to try and retrieve their money. What do we do? Do we ignore them, like all the others seeking payment, or what? Nothing relating to the mirror & glass company was personally guaranteed? We are no longer living in the state of Texas and we will legally close down the company at the end of the year.

I short... we were defrauded by the consultant, lost over 250k and are nearly homeless and completely broke. We have nothing. We are young, were naive entering this thing and really had no business opening up such a large place. Hard lesson learned. We're just trying to move on the best we can, but we feel incredible bad because the owner of the mirror company is a really nice guy.

Your advice is appreciated.

Bankruptcy living in one state file in another?

mountainair — Mon, 17 Aug 2009 01:05:18 GMT

I live in one state, but have real estate in another. The state which I live will seize all properties but the state where my real estate is at will not. Am I allowed under the law to file bankruptcy in another state from my primary residence?

Im being Sued Help!!

jfordace — Tue, 11 Aug 2009 13:06:43 GMT

I being sued and got a letter in mail by a Law firm stating they can help me fight this suit. I have not received anything from the court yet on being servered but i went on line to pull up the case and it is active. My question is if what is the most common way of serving a person or how do i find out if im being served at my house by an officer. If im being served at my house in person what if any are the laws of them serving me? Like time of day ? during the weekend? This law suit was filed 7/27/09 or 727/09. How long does the process take for them to serve me?

Thanks for help

A lawyer from DOJ has raised objections to my chap7. HELP!!!

ash4cakes — Sun, 09 Aug 2009 20:12:13 GMT

I have petitioned for chapter 7. two days prior to the 341 meeting, my attorney forwarded me a mail from some lawyer from Dpet. of Justice asking questions on my case. he objected to some items from my statement of income & expenses. we provided a subtantiation to those items. later the 341 meeting went well - now this DOJ lawyer is raising objections to my case & moving for dismissal ( as my attorney informed me). My question is: is my case being audited? if so, what can happen now? AS far as we thought (in fact my attorney spoke to the trustee also) everything went well & I should get the discharge but now things seem to have reversed. please let me know what are my chances to get the discharge? who takes the final decision & when will I come to know about it? what are my options? can I convert it into chapter 13 & if so, when should I file?
I am very worried, so plesae help me. Thanks much in advance.

BK and charge offs...

SMG63 — Sun, 02 Aug 2009 17:56:46 GMT

DD just pulled her credit report. She did a voluntary repossession of her car, to a branch of the lender in Colorado last week. Now we find it was charged off as bad debt by the lender in June 2009. Now, the bank states they are going to charge storage fees and towing fees and she should have left it in the parking lot of her residence (where she was just evicted). They never attempted repossession on this vehicle and have had its location the entire time.

She was looking at Ch 7 BK, however, the total outstanding debt at this time appears to be $2200 for prior eviction (in collections), $1160 credit card debt (charged off), zero balance car loan (charged off), and $1800 owed on last apartment (back rent, + 1mo rent penalty, + $90 cleaning fees as joint tenant).

Not sure how to handle things at this point. File BK anyway? Let it ride? Wait until the bank provides a final statement of account on the charged off balance for the vehicle plus fees?

Bankruptcy ?

V. Miller — Thu, 23 Jul 2009 21:20:07 GMT

We are thinking of filing bankruptcy in Texas. What all is involved? We have our house up for sale and are planning to move into an apartment. We had to do some reinnovations to it ($2,000). We got a small loan for it. We have three cars. One is paid for- daughter in college is using it, one is leased (ends in January 2010) and the last one we are still paying for. My husband has been out of work for the past 5 months. He is receiving a salary until Sept 1, part of the severence package. I work as a full time public school teacher ($3,500 per month). We were audited during the year my husband had knee surgery 3 years ago and we did not have all the "right papers", so we have to pay back taxes for two years ($6,000), then we owe taxes from year ($2,000). We worked out a play with the IRS to pay $200 a month. Then of course our credit card bills from debit consolation, along with a mortage ($2,600 per month) makes up a lot of our debit. Also, utilities and auto/health/ insurance adds on to the debt. We are trying to cut expenses to simply gas, & food, but are struggling. I know come Sept. 1 we will also be looking at bank foreclosure, because there's is no way my salary alone will be able to carry this load. Is bankruptcy the answer ?

Turn car in or keep it??

SMG63 — Thu, 23 Jul 2009 01:13:15 GMT

Long story short, I'm in Texas but the family member with the problem lives in Colorado & has a vehicle financed with a military credit union. Owes almost $8K, it's worth about $4k. Was paid current 12 months ago, but has not made a payment since then. Insurance lapsed, tags lapsed, driver's license lapsed. Behind on all bills. Credit is shot. Owes on a ticket for a moving violation from 3 months ago. Jobless and presently homeless.

I think the car should be cleaned up to the best of this person's ability and returned to the lender to be sold - then file chap 7 BK. Is this reasonable or would it do more harm than good in a BK?

This person is supposed to be moving back to Texas soon, so BK would be filed here.

Income limits to filing Chapter7

RHTM — Sat, 11 Jul 2009 20:41:35 GMT

are there income limits to filing under chapter 7 in texas. Also if i own a home with another individaul, but i no longer consider the home my primary residence, however the co-owner does reside there. Will I be forced to sell the home to pay creditors?

Am I able to file Chapter 7 and still keep my house and car?

fyb87 — Mon, 20 Jul 2009 16:57:31 GMT

I went to see an attorney last week to file Chapter 13 because I fell behind in my mortgage and when I did find employment my salary dropped by more than half. I was all set to file this Friday, but received notice from Wells Fargo they are willing to do a loan modification and sent me the paperwork. Of course, that is a relief. However, now I'm wondering if it would be possible for me to file Chapter 7 to get rid of my other debt (repossession, medical bills, credit cards, etc) and still keep my house. I have calculated my expenses to include my house, car, car insurance, utitlies, water, groceries and gas and they come to $2670.77 a month and my income is $2712 a month. There is no way possible to even get on any sort of payment plan with any of my creditors because there isn't enough money. Would I be able to file Chapter 7 and still keep my house and car?

Please Help On a Lawsuit

yhuang — Mon, 13 Jul 2009 20:18:18 GMT

I have a small company in Texas that sells oil pump equipments, I have been doing business with another company in Oklahoma for years and recently they have been delaying on payments and giving me hot checks. Because we have been doing business for so long, I was very lenient with their payments (i.e., giving them extra month or so to pay) and now they owe me approximately about $70,000. I understand that seeking a lawyer is one option, but it is also very time consuming and costly, I have paid a lawyer to write them notice letters and etc to resolve this matter, but it doesn't seem like they are being very corporative. Anyone could give me any idea on how else this may be solved? Thank you in advance

sued by local loan

airbunny — Sun, 12 Jul 2009 04:18:23 GMT

Hello,

I am being sued by a Local Loan company for about 2100..........i have to represent myself, and have to write a response..........any help would be appreciated.......what do i do? what do i write on the response??? please help me out.

Chapter 13 emergency filing in Texas

ZINARELIA — Mon, 06 Jul 2009 01:37:23 GMT

What forms are required by the Bankruptcy court to file for my petition to be accepted to activate an automatic stay for Chapter 13.

bk 7 and car repo

vwilli54 — Fri, 19 Jun 2009 00:32:22 GMT

Does anyone know if my car gets repossessed, and I file chapter 7, will that debt be discharged fully including any deficiency balance I may have, if they have sold the car?

New car?

angeladeann — Tue, 09 Jun 2009 18:34:05 GMT

I am about to file bankruptcy chapter 7 because of a nasty divorce. My question is whether I can buy a new car now, and let my old one go in the bankruptcy? Or is that illegal? My car is on it's last leg and I'm afraid that after the bankruptcy I won't be able to buy a new one and this old one will not last me until I am "in the clear" with creditors.

credit card debt

tomtom12 — Wed, 10 Jun 2009 15:24:44 GMT

My husband has an old CC from 2003, we had this debt in a debt management program for about a 2 yrs period. we paid them almost 1300 on a balance of 1500.00. I sent letters to the comptroller of the currency, an advocady group for debtors of cc. that did no good. they are still hounding us for now a balance of 1800.00. I was like, doesn't all the money we paid count for anything? This is riduculous, I don't know where to go for help to get away from these people. we have been currently sending them monthly payments as well. HELP!

I paid a creditor some money before filing for bankruptcy

ash4cakes — Tue, 09 Jun 2009 18:10:07 GMT

Dear Sir, I have filed for chapter 7 in texas recently & have already got the trustee meeting date. Prior to the filing I had paid one creditor that happens to be a company that I do business a certain sum of money. I have declared that amount on the statements & schedules document. My current lawyer is viewing that transfer as a RED alert.

What are the chances that the trustee will consider that as a non exempt asset & ask the business to return the money so he/she can distrbute the amount to other creditor? Also, if that happens, will that effect my discharge of debts? Also what is the overall effect on the chapter 7 process? can the outcome be effected?

Lastly, if teh trustee decides to order thuis company to pay back the money, approx. how much would that process takes after the 341 meeting & how many number of days are allowed for this business to return this money?

Thank you so much.