Bankruptcy Blog Archives

It is very important to be open and honest with your attorney. When an attorney asks a Debtor a question, it is because the information is important. I have a Debtor who was questioned a couple of times about living anywhere else but Texas in the two years before filing. Every time they said they [...]

It an interesting trend to see in bankruptcy. People who own small businesses are not doing well. When they don’t make enough to cover their business expenses nor their regular monthly expenses, they find themselves in trouble, not able to make their credit card bills any longer. Many have trouble making car payments and house [...]

Some Debtors who have to file a Chapter 13 bankruptcy are receiving help from a family member or friend in order to make ends meet. Part of getting a Chapter 13 plan confirmed is to show the Trustee and the Judge that the Debtor will be able to pay all his regular bills plus his [...]

There are instances when a Debtor can convert his case to a Chapter 7 and only pay the value of a vehicle. There is a motion that can be filed with the court called a Motion to Redeem that required a car creditor to turn over the title of a car even if only the [...]

I have a client who is paying for a car in her bankruptcy. When she filed she had the car for about two years, so she had to pay the full amount owed on the car instead of the value. When going over the difference of why she would have to pay the full claim [...]

Lately we have run across the problem of getting in touch with Debtors who filed their bankruptcy three or four years ago. The Trustee’s office is getting caught up on all their dismissals, and we all of a sudden have a soar of Debtors who have been in their case for over three years, but [...]

I recently went through and completed the means test to determine if a Debtor qualified for a Chapter 7 bankruptcy. The great thing is he does qualify for the Chapter 7; however, he recently took a 401(k) withdrawal. This is considered income and since the cut date of the check fell for last month, we [...]

DSO is short for Domestic Support Obligation or more commonly known as Child Support. When you file for a Chapter 13 bankruptcy, you are allowed to put an arrears through the plan to pay for the child support; however, you are responsible for making all future payments on time each month from that point forward. [...]

Many Debtors don’t understand the benefit of remaining in a Chapter 13 or converting their case to a Chapter 7 once the stay has been lifted on the property they were trying to protect. However, most Debtors have more debt then just the secured debt on their house or car. Most Debtors have unsecured debt, [...]

The reason people file a chapter 13 bankruptcy is to save a home or car that they have fallen behind on. The reasons for falling behind could be a divorce or a job change. Once you fall so many payments behind the mortgage company tries to help but their plan in most cases are not [...]