Bankruptcy Blog

About two days ago we had a Chapter 13 Debtor attend his meeting of creditors at the Chapter 13 trustee’s office. While he was at attendance of his meeting, his car creditor decided they would pick up his vehicle. It seems that since they thought it would be a sure thing him being […]

As a Debtor you come in to see a bankruptcy attorney to seek what options you have available. You decide that you should file a Chapter 7 bankruptcy. You retain the attorney and are given their number so that when creditors call, they can be told that you have retained their services. […]

The filing of a bankruptcy does not mean you will lose all your property. Starting with cars and houses that have a lien. If you want to keep them , you can as long as you continue to make the normal payments. You will usually reaffirm the debt which means agree to continue make all […]

If a debtor passes away while in active Chapter 13 Bankruptcy then a family member or person appointed durable power of attorney can contact the attorney to request a hardship discharge. A motion must be filed with the court and a notarized affidavit by family representative requesting reason for the hardship discharge request.
Obviously any […]

If you have filed a Chapter 7 Bankruptcy and decide to surrender your home or auto before the discharge of your case then you can file a statement of intentions. The amended statement of intentions will allow you to discharge any property you decided to surrender after you filed you Chapter 7 Case.
However, in […]

If you have rentl property that you have decided to surrender, then your tenant may be able to purchase the property if a lease purchase agreement is in place. Your bankruptcy Attorney will be contacted with request for the debtor to sign a Warranty Deed. Signing this Warranty Deed will allow the tenants to proceed […]

Often people will think a case dismissal is the end of the road for saving their property. In reality there are still several options at your disposal to get your property protected. The time period that you have to work with is much smaller when the property you are trying to save is […]

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 […]

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 […]

There are many scenarios that may allow you to request a plan modification for close and discharge case without further payments due. The first being that your case was filed prior to 10/17/2007 and you have been in your bankruptcy for at least 36 months.
If you have surrendered a home, vehicle or both and […]