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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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Hi there, yes I do have another question regarding this whole

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Hi there, yes I do have another question regarding this whole mess. I have not contacted the plaintiffs attys other than sending them a copy of my general denial response in the adversary that they sent me. They accused me of fraud and that I had no intention at that time to pay this cc back. We have a court date of the 29th of December. The only personal item I purchased thru this whole thing was a bed, which I told them is in pristine condition and they were welcome to take back. Anayway, my question is, can they put a lein on my house? All the other items I purchased on my cc's was to update a repair my house, and I have proof of that. The hearing is in bankruptcy court, I was granted a chapter 7 bankruptcy, but can they put a lein on my house if/when I go to sell it? Can they garnish my wages? I live in Texas and this is in Tarrant County. Thank you. Tammie
Hi JACustomer,
1) Are you asking if the credit card company that is filing a Adversary Proceeding can put a lien on your house?
2) How much did you charge on that credit card in the 90 days before filing your Bankruptcy petition?
3) What else - if anything - did you purchase with that credit card in addition to your bed?
Customer: replied 5 years ago.
Yes, that is what I am asking you, can they put a lien on my house. Other than the bed I purchased 200.00 worth of supplies from Lowe's and I spent approx $5500.00 toward the removal of broken tiles and patio from some of the rooms in my house where there was damage due to a foundation problem 2 years earlier and also a water leaking under my house in the living room and bathroom 1 year earlier where there were large holes drilled to find and fix the leak. Part of the money was in the form of cash as the contractors would not accept credit cards. They other $3000 plus was to an original contractor who I decided not to go with, and the check he sent me after taking his cut, I paid to the second contractor. Including all charges, the total is approx $7800.00. I had those rooms resurfaced w//stained concrete, much less expensive than tile.
Customer: replied 5 years ago.
I accidentally lost you, are you still there?

If the creditor is able to get a determination from the judge that the charges were fraudulent, that means those charges will not be dischargable. The charges in question would only be for the period that was 90 days before you filed your Bankruptcy, not for the charges that were made 2 and 3 years ago.

This means that unless you admit that you had no intention of paying the charges from 2-3 years ago, only the charges for the bed and the charges at Lowe's can be determined to be non-dischargable.

If these are determined to be non-dischargable, the creditor cannot put a lien on your home if you file or have filed a Homestead Declaration, which you can do if your home is on less than 10 acres in a city, or on less than 100/200 acres if it is located outside a city.

And they cannot garnish your wages, as wage garnishment is not allowed in Texas for this type of debt.

 

I think this is what you wanted to know. If not, please let me know.
Thank you!

And they cannot garnish your wages, as wage garnishment is not allowed in Texas for this type of debt.

Customer: replied 5 years ago.
I am sorry, I guess I gave you too much information. I already paid off the problems with my house from 2 and 3 years ago. I got this particular cc in December, and I charged the 7800.00 within several days. I really did have all intentions of paying them back, unfortionately several other financial difficulties happened in Jan and Feb. I can prove I used all the monies other than Lowes and the bed, towards the repair of my floors and patio. And I have receipts for Lowes that show what I purchased for the repair of my house. My original bankruptcy atty told me that if charges were for repairing my house among other things, then chapter 7 would apply, but not I don't know. I will be representing myself in court if this goes that far, in December. Tammie. Yes, I do have a homestead here in my town of North Richland Hills
Customer: replied 5 years ago.
I am sorry, I guess I gave you too much information. I already paid off the problems with my house from 2 and 3 years ago. I got this particular cc in December, and I charged the 7800.00 within several days. I really did have all intentions of paying them back, unfortionately several other financial difficulties happened in Jan and Feb. I can prove I used all the monies other than Lowes and the bed, towards the repair of my floors and patio. And I have receipts for Lowes that show what I purchased for the repair of my house. My original bankruptcy atty told me that if charges were for repairing my house among other things, then chapter 7 would apply, but not I don't know. I will be representing myself in court if this goes that far, in December. Tammie. Yes, I do have a homestead here in my town of North Richland Hills



When did you make the charges?

When did you file your Bankruptcy?

Customer: replied 5 years ago.

I made the charges end of December, and I filed chapter 7 in May.
Then unless you admit you had no intention to pay these charges, the creditor will not be able to prove the charges were fraudulent. You would have had to file a Bankruptcy before the end of March for these charges to be deemed fraudulent. Bankruptcy Stat. 523(a)(2)(A) & (C)(i)(I).
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