"Do not withhold good from those who deserve it, when it is in your power to act." Proverbs 3:27
We at KimLy Law Firm PLLC are here to help you find a new life tomorrow by helping you overcome the problem that you are facing today. If you have any legal questions, we will be more than happy to assist you to find the best approach in resolving your issues.
Areas of Law: Consumer Bankruptcy, Family Law, Will and Probate
- Free Consultation
- Rates, Retainers and Additional Information
Once we have determine whether a bankruptcy is right for you and what particular Chapter/bankruptcy will serve you best, we will quote you the cost of the bankruptcy including the filing fees to the Court.
- Korean: Spoken, Written
- South Texas College of Law
- J.D. | Law
- Q. I filed for a divorce, married a little over 10 years. Am I entitled for half of community property and his assets?
- A: In Texas, community property is property acquired during hte marriage. Exception are any property that was given as a gift, inheritance or personal injury (speicifc type) directly given to one spouse. This also includes any retirement that was obtained or accumulated during hte marriage. The division is not necessarily half-half but 'just and right' division based on who is at fault and/or facts of your case. Also, you may be eligible to ask for spousal maintenance.
- Q. If my bankruptcy gets dismissed what can happen
- A: If the court dismissed your case with prejudice, than you must wait 180 days or as stated in the court order dismissing your case. If it is dismissed without prejudice, than you can file as soon as you want.
- Q. When an inmate files an answer in a divorce case what does the court do?
- A: Filing an answer means that the person has made an appearance for the purpose of his case. Generally depending on which court you are in and in what city, the Court will handle your appearance in court differently. In some courts, they will allow your appearnace at the court hearings through telephonic communication. Also, it means that the other party cannot default you in the divorce and get everything that she or he is asking for. If you are in agreement with the other spouse as the the divorce and whatever else is contained in the agreed order, than you could sign off on the agreed order.
- Q. There are not custody papers in place can I take my child to out of state without it being chil abduction?
- A: If there is no court order regarding child custody, than as the father of the child, you have equal rights to the child's welfare just as much as the mother of the child. Its just as if the mother of the child took the child and moved to another state. Unless there is a court order regarding child custody, than she would be able to legally do so. Consult with your ex spouse to make sure she doesn't raise an issue. She could file for child custody here in Texas if the child has been residing here for the last 6 months. If so, you would have to litigate the child custody matter here in Texas which would be financially burdensome to you.
- Q. How long do I have to be separated from my husband in order to get a divorse in the state of texas
- A: A person can file for divorce as long as either party meet the standing requirement. The standing requirement is that one or both parties has been domicile in Texas for 6 months and a residence of the county for 90 days.
- Q. Do I have any recourse for getting money back from a company filing bankruptcy?
- A: You can file a Proof of claim in the company's bankruptcy. Also, depends on whether you are a creditor to the company or a customer.
- Q. Am order to pay child support to my mom for my son for both me and my ex and my ex gets him every other weekend and i
- A: In Texas, generally the primary custodian of the child will be entitled to receive child support. From you facts, it sounds like you are the parent with visitation rights or supervised visitation. You court order should state what your visitation rights are. A person's right to see the child may be restricted if that person has been alleged to have done some sort of violence towards the other spouse and/or the child. In regards to receiving the court date, you should have been given notice of the court date. You may have rights to file for a new trial if it only has been 30 days from the date the court has signed the judgment. If the 30 days have passed, you may still have the option of filing something called a restricted appeal or bill of review, but the standards for either required that you never received notice that was not your fault and other factors to be considered. More facts are required not to mention what your decree actually states. Consult a local family law attorney in your area. My firm is located in Houston Texas and my contact can be found on my profile. Good luck and wish you success. Min Gyu Kim (Peter) www.kimlylaw.com
- Q. If I can get an attorney to help me pay back taxes, do I have to file bankrupcy to catch up my mortgage???
- A: Taxes goes to the state, mortgage payment goes to you mortgage lender. Paying one doesn't resolve your issue with the other. By filing bankruptcy you can address both issues at once, rather than hiring an attorney for just taxes and seperatly your mortgage. consult a local bankruptcy attorney to assist you before you hire an attorney for just taxes.
- Q. Im in my 4th year of a chapter 13 & plan & arrears on mortgage are current. can i keep my escrow surplus check?
- A: You may want to contact either your attorney or your current trustee. They will advise you how to handle the money.