Pamela L. Stewart’s Answers

Pamela L. Stewart

Houston Bankruptcy Attorney.

Contributor Level 11
  1. Can I still buy a care of lease a car if im currently in Chapter 13, would this affect my case in any way?

    Answered 10 months ago.

    1. Pamela L. Stewart
    2. Shaye Larkin
    3. John A. Cimino
    4. Aimee Elaine Manriquez
    5. Richard D. Granvold
    6. ···
    6 lawyer answers

    Yes, but you will need to get permission from your Chapter 13 Trustee. Consult with your attorney to see if you will need to file a Motion to Incur Debt. Your Chapter 13 Trustee may be able to give you a list of dealers that will finance people in Chapter 13.

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  2. I am nearing the end of a Chapter 13 BK and am trying to wrap it up for discharge.

    Answered 10 months ago.

    1. Pamela L. Stewart
    2. Brett D Weiss
    3. Shaye Larkin
    4. Scott Benjamin Riddle
    5. Dorothy G Bunce
    5 lawyer answers

    You may want to contact your Chapter 13 Trustee, as well as your attorney, and request a pay-off amount for your Chapter 13 Plan. The information on the Trustee's website is not a pay-off amount - it is only an approximation.

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  3. Sold house while in ch13

    Answered 5 months ago.

    1. Pamela L. Stewart
    2. Kim Christian DSouza
    3. Allen Preston Turnage
    4. Thomas G. Egner
    4 lawyer answers

    Consult with your bankruptcy as soon as possible. It appears you are in Texas - so you should be aware of the Fifth Circuit In re: Frost opinion. In this case the Debtor who was in Chapter 13 sold his home and spent some of the equity. The Court found that because the Debtor did not reinvest the proceeds from the sale of his home into another home within 6 months of the date of sale, the funds belonged to the bankruptcy estate. In the Frost case, the debtor used Texas exemptions - not...

    7 lawyers agreed with this answer

  4. Can a creditor place a "lien on my social security number" and freeze my assets so that I cannot cash my paycheck?

    Answered 6 months ago.

    1. Pamela L. Stewart
    2. Michael Wayne Weston
    3. James B. Heston
    4. Mark Allen Land
    4 lawyer answers

    Unless it is for child support or a student loan or the IRS, I am unaware of any creditor being able to do what you described without first obtaining a judgment against you. Keep in mind, if your paycheck is issued from out of state, a creditor may garnish your wages IF they obtain a judgment against you.

    7 lawyers agreed with this answer

  5. What role does my attorney play in a 341 meeting?

    Answered 9 months ago.

    1. Pamela L. Stewart
    2. Blake Owen Brewer
    3. Arthur Wemegah
    4. Richard D. Granvold
    5. Michael Glynn Busby Jr.
    5 lawyer answers

    Your attorney certainly has the right and the duty to stop any questions that are not appropriate at a 341. Unfortunately, without much more information, we on the outside are unable to determine if a line was crossed during your meeting. What you may feel like was inappropriate may have been appropriate under the circumstances.

    7 lawyers agreed with this answer

  6. Should we pay our credit cards off or keep a small balance?

    Answered 10 months ago.

    1. Pamela L. Stewart
    2. Peter Walter Weston
    3. John Thomas Black
    4. Blake Owen Brewer
    5. Lynda Wesley
    6. ···
    10 lawyer answers

    Keeping a small balance on your credit card is better. I know it does not make sense. But the way credit scores are calculated, having a small balance on your credit card is increases your credit score.

    7 lawyers agreed with this answer

  7. Me and my wife filed for bankruptcy. The case was dismissed. A check was sent in both our names when I was the only one paying

    Answered 11 months ago.

    1. Pamela L. Stewart
    2. Shaye Larkin
    3. Michael Glynn Busby Jr.
    3 lawyer answers

    If you and your wife were both debtors in the Chapter 13 case, then the Trustee was required to send the money back to both of you. Texas is a community property state. There is nothing the Trustee or your bankruptcy attorney can do to enable you to keep all the money returned by the Trustee. This is a matter between you and your wife.

    7 lawyers agreed with this answer

  8. Filing paper work for chapter 7 bankruptcy. I am on schedule c. Should I check II u.s.c. 522(b)(2) or (b)(3)?

    Answered 12 months ago.

    1. Pamela L. Stewart
    2. Eric Charles Lewis
    3. Derek R. Caldwell
    4. Gregory Howard Wiley
    5. Dorothy G Bunce
    5 lawyer answers

    You have not provided enough information for me to adequately answer your question. Are you filing Chapter 7 to save your home from foreclosure? If so, you really should look at filing Chapter 13. It appears you need to consult with an attorney to make sure you are doing the right thing. How much equity do you have in your home?

    7 lawyers agreed with this answer

  9. Pre and post-petition HOA dues in Chapter 13 in Texas...dischargeable?

    Answered 10 months ago.

    1. Pamela L. Stewart
    2. Richard D. Granvold
    3. Derek R. Caldwell
    3 lawyer answers

    When Congress amended the Bankruptcy Code in 2005, one of the changes dealt with HOA fees. Fees that come due after the date of filing are not dischargeable - only fees that were owed as of the date of filing. This is frequently a problem for debtors when they file bankruptcy, surrender the house, and the mortgage company does not foreclose on the property. The fees are accruing that the debtor is responsible for.

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  10. Does previous owner receive "automatic stay" if he filed for Ch 13 bankruptcy on the day of auction sale, If property was sold

    Answered 28 days ago.

    1. Pamela L. Stewart
    2. Derek R. Caldwell
    3. Michael Glynn Busby Jr.
    4. Kelley Lavone Austin
    5. Richard L. Blumenthal
    5 lawyer answers

    To answer your question I need additional information. Did you purchase the home at a foreclosure or tax sale? Did the owner of the home (the owner before you purchased it) file bankruptcy on the day of the foreclosure/tax sale? Did the Trustee handling the foreclosure sale know of the bankruptcy? Did the bankruptcy case get filed before the sale occurred? Was notice of the bankruptcy filed in the real property records before your deed was recorded?

    6 lawyers agreed with this answer