John Thomas Black's Answers

I filed in April 2005.Now been diagnosed with cancer,mounds of medical bills. How long do I have to wait to file again for Ch. 7

You can file chapter 7 anytime, but to be entitled to a "discharge" or release from your debts in a chapter 7 case, you must wait 8 years from the date that you filed the first chapter 7 case. So if you filed on March 1, 2005, you should not file a new chapter 7 case until at least March 2, 2013. However, if you have any kind of regular income and otherwise qualify, you can file chapter 13 bankruptcy and be entitled to a discharge in the chapter 13 case, only 4 years after the filing of the...

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Are private student loans dischargable under a chapter 13?

Since 2005 there is no distinction between the dischargeability in bankruptcy of private vs government-backed student loans. To discharge a student loan in bankruptcy, most courts use the test set forth in what is called the "Brunner" case. It involves 3 steps. You must prove (1) if forced to repay the student loans, you would be unable to maintain even a minimum standard of living; (2) this situation will continue for all or most of the student loan repayment period; and (3) you have made...

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I owe 100000 in back taxes from a previous marriage, and I want to get married

My, that's a problem. You definitely need a consultation to discuss the details of your situation and your options. If you are intent on marrying, I would at least enter into a premarital agreement with your prospective spouse, providing that all of your property and earnings remain separate. Otherwise, there are several options in dealing with the IRS. If you are eligible for innocent spouse, that would be the preferable option. If not, there is not enough information in your question...

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S-Corp in Tx (Builder/Remodeler) No business, debt large

There is not nearly enough information provided to give you a complete answer. You need a consultation with an experience bankruptcy attorney. But corporations that file Chapter 7 (liquidation) do not receive a discharge in bankruptcy, only individuals (people). That's why it often makes sense to close the failing business, and file personal bankruptcy. Corporations can get a discharge in Chapter 11 bankruptcy, but that is a reorganization bankruptcy, and from your description, the prospects...

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What is the best option if medical bills is filling up and hospital wants to increase my payment plan and I can't afford it?

If you are simply unable to pay them the increased amounts, you could ask for a supervisor and explain that you are a hardship case and they should make an exception. If they won't agree to an affordable plan for you to pay it, you can always make payments of as much as you can, and let them send you to collection for the balance. Only one major hospital in the Houston area actively files collection lawsuits that I am aware of; apparently the rest send the delinquent accounts to collections...

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I want info on the Texas Turnover Statute and what can be siezed for CC debt

The Texas Turnover Statute, Tex. Civ. Prac. & Rem. Code Ann. § 31.002 (a), allows a judgment-creditor to seek the aid of a court in collecting a judgment. But the court cannot order the turnover of exempt property, including retirement plans, except if the judgment being enforced is child support. Your bank accounts are at risk, but cars or trucks are exempt in Texas, at least to the extent of one for each licensed driver in the household, and vehicles used in a trade or profession. The...

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What happens to my small business if I file for bankruptcy?

You have a right to continue your trade or occupation after filing bankruptcy. That being said, an interest in an LLC may or may not be able to be claimed as exempt, if you file a bankruptcy in Texas. We are very lucky in Texas, we have the choice of either the federal or the Texas state exemptions, and the Texas state exemptions are quite liberal. However, there is no exemption under Texas law for an interest in an LLC or corporation. Whereas under the federal exemptions, there is a "wild card"...

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How can I settle past due home owners association dues that have been turned over to an attorney with accumulating fees

All of the above are good answers for this question. I would definitely suggest that if possible you pay the amount due as soon as possible to get the HOA attorneys "off the clock" so to speak. That being said, we regularly challenge HOA fees in bankruptcy court, and it is not unusual for HOAs or their attorneys to charge fees that are not authorized by the HOA "Declarations," basically the contract with the HOA that you are subject to. If you have a copy of the Declarations, read it...

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Divorce - Ch. 13 bankruptcy - how can I protect communityproperty asset?

In Texas, a divorce must include the division of property. And since your spouse's separate property, the jointly managed community property, and possibly some or all of your separately managed community property, is under the jurisdiction of the bankruptcy court, the bankruptcy court's "automatic stay" must first be lifted, so that the family court has the power to divide the property between you as part of the divorce. If you don't do this, your divorce will be "voidable," that is, either...

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My brother took my elderly mom to county clerk and added her to dba, she is not an involved partner,and now he has a judgement

From what you say in your question, I'm not 100% sure that your mother has a judgment against her; I would have it reviewed by a lawyer. If your mom already has a judgment against her, the previous answer set forth the procedures for possibly unwinding it. But that would involve more litigation, and attorney fees. Without more litigation, she can at least go to the county clerk and withdraw her name from the dba so that hopefully she won't get in additional "hot water" with any other...

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