Patrick Begley’s Answers

Patrick Begley

Dallas Chapter 7 Bankruptcy Attorney.

Contributor Level 14
  1. Should i take out some payday loans?

    Answered over 2 years ago.

    1. Patrick Begley
    2. Daniel Tam
    3. Dorothy G Bunce
    4. Walter C Oney Jr
    5. Kathryn Ursula Tokarska
    6. ···
    6 lawyer answers

    No. If you take out a bunch of payday loans in advance of bankruptcy with no intention to pay those loans back, that would be fraud. Don't do it. Your attorney should tell you the same.

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  2. Can i file bankruptcy chapters 7 or 13 pro se?

    Answered over 1 year ago.

    1. Patrick Begley
    2. Paula Brown Sinclair
    3. Robert Michael Fox
    4. Rebecca Lynne Melone
    5. Timothy M. Hughes
    6. ···
    7 lawyer answers

    Yes you can but it is extremely ill-advised. Almost every pro se Chapter 13 fails. After you file a Chapter 7 there is no automatic right to dismiss your case; if you have assets you could end up losing them because you won't know the proper exemptions to protect your property. I recommend contacting a local legal aid office and seeing if someone can help you pro bono. Bankruptcy is started by filing a petition and schedules with the bankruptcy court. You also have to take a credit...

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  3. If I changed from a bankruptcy 13 to a chapter 7 and I can no longer make my mortgage payment do I need to include my mortgage

    Answered over 1 year ago.

    1. Patrick Begley
    2. Ronald Jay Drescher
    3. James Portman Webster
    4. Dorothy G Bunce
    5. Gregory T. Dantzman
    6. ···
    6 lawyer answers

    If you can't make your payments, you can't make your payments. The court won't let you re-affirm the debt unless you can afford it; which it sounds like you can't. If at the time of discharge you have not entered into a reaffirmation agreement the debt owed on the house will be discharged. You could file an amended "Statement of Intention" to let your creditor know what you intend to surrender the home. You can also attempt what is known as "retain and pay" and continue to pay your lender...

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  4. Can we switch attys in middle of chapter 13

    Answered almost 2 years ago.

    1. Patrick Begley
    2. Thomas A McAvity
    3. Howard Aaron Lazarus
    4. Hale Andrew Antico
    5. Kevin Michael Ryan
    5 lawyer answers

    1). Yes you can switch attorneys, it's your case, you control it. Whether it is advisable to do so or not is another matter. 2) Since your mortgage was modified, that presumably means that your mortgage payment has gone down. The amount you had to pay your unsecured creditors back was determined, in part, on how much you owe on your mortgage. For instance, if your mortgage payment went from $1,000 to $500 each month, presumably you would have an extra $500 in disposable income each month that...

    11 lawyers agreed with this answer

  5. Do they keep my tax return if I file chapter 7 bankruptcy

    Answered almost 2 years ago.

    1. Patrick Begley
    2. Stephen M Trezza
    3. Dorothy G Bunce
    4. William P. Turner
    5. Susan Schmeidler Blum
    5 lawyer answers

    It depends on the property exemptions available to you as a resident of Kansas. Depending on whether you can use the federal "wild card" exemption, you might be able to protect the refund. Exemption questions hinge on: 1) local law and 2) the amount of equity you have in your assets. Definitely talk to a local attorney, most offer free consultations.

    11 lawyers agreed with this answer

  6. I understand that you must list all assets and liabilities on BK Petition, but how does this affect transcripts from school?

    Answered over 1 year ago.

    1. Patrick Begley
    2. Richard Edmund Hawkins
    3. Matthew Erik Johnson
    3 lawyer answers

    In bankruptcy that would probably be a violation of the automatic stay. There is a case about withholding transcripts and how that qualifies as a violation (Andrews University v. Merchant). So file BK, ask for the transcript, and if they don't turn over your transcript to you, that is a stay violation. I wish you the best of luck!

    10 lawyers agreed with this answer

  7. I recently filed ch.7 bankruptcy. Now a bank is doing me wrong. I need to know what chapter, paragraph tells me the cant fine me

    Answered almost 2 years ago.

    1. Patrick Begley
    2. Gregory Howard Wiley
    3. Steven Anderson Leahy
    4. Deborah F Bowinski
    5. Dorothy G Bunce
    5 lawyer answers

    If they "fined" you for filing bankruptcy that is a violation of the automatic stay injunction in Section 362 of the bankruptcy code. Technically, you are still legally responsible for your debts until you get your discharge order from the court. Right now your creditors are in a holding pattern. Just because you filed your case doesn't mean that your debts are automatically discharged; you have to get the order from the court. If your creditors violate the discharge I would look at Section 524....

    10 lawyers agreed with this answer

  8. Can I stop making my monthly credit card payments if I've not yet, but intend to, file Chapter 7 bankruptcy? What will happen?

    Answered almost 2 years ago.

    1. Patrick Begley
    2. Robert A. Stumpf
    3. Shannon E Wynn
    4. Gary Dean Hoffman
    5. Anthony Matthew Vassallo
    6. ···
    6 lawyer answers

    Yes. You will probably get calls from collection agencies and threatened with lawsuits; one or more creditors might file a lawsuit. Just make sure you aren't continuing to use the credit cards before you file bankruptcy because the creditor could object to the dischargeability of those debts as fraudulent. Hope this helps and best of luck!

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  9. Does the FDCPA and the Texas Fair Debt Collection Practices Act apply to attorneys who are trying to collect a judgment in TX?

    Answered over 2 years ago.

    1. Patrick Begley
    2. Sidney Joseph Diamond
    3. Jeffrey B. Lampert
    3 lawyer answers

    The Texas Fair Debt Collection Practices Act does apply to attorneys who are functioning as debt collectors. Here are some helpful links that outline permissible and impermissible behavior. https://www.oag.state.tx.us/consumer/debt_collection.shtml http://www.occc.state.tx.us/pages/consumer/education/DebtColl.htm Best of luck!

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  10. Can I still file Chapter 7 Bankruptcy after my house foreclosed?

    Answered almost 2 years ago.

    1. Patrick Begley
    2. Dorothy G Bunce
    3. Jay Bodzin
    3 lawyer answers

    A Chapter 7 would only stall foreclosure proceedings temporarily. In a Chapter 7 if you are behind on your house payments the creditor can foreclose on the house after they file what is known as a "motion to lift stay." But in response to your original question, yes you may file Chapter 7 after the home is foreclosed on and that would get rid of any deficiency. How long you have to live in the house depends on how long it takes for the bank to foreclose on the property and to find a new owner....

    8 lawyers agreed with this answer