How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask cfortunato Your Own Question

cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
Type Your Bankruptcy Law Question Here...
cfortunato is online now
A new question is answered every 9 seconds

Hi there, yes I do have another question regarding this whole

Resolved Question:

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
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 2 years ago.
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 2 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 2 years ago.
I accidentally lost you, are you still there?
Expert:  cfortunato replied 2 years ago.

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!

Expert:  cfortunato replied 2 years ago.

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

Customer: replied 2 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 2 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



Expert:  cfortunato replied 2 years ago.

When did you make the charges?

When did you file your Bankruptcy?

Customer: replied 2 years ago.

I made the charges end of December, and I filed chapter 7 in May.
Expert:  cfortunato replied 2 years ago.
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).
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and 3 other Bankruptcy Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.