Chapter 7 bankruptcy is sometimes referred to as a “liquidation” bankruptcy case. However, in practice there is very little liquidation of property. Most Texas bankruptcy debtors find that they don’t lose any of their property in Chapter 7 bankruptcy. When a person files bankruptcy they have to list all of their property and what they […]
TEXAS BANKRUPTCY: YOU DON’T HAVE TO BE INSOLVENT
I received an email from a client recently asking if she needed to be “broke” before filing bankruptcy. I have never been asked this question before, and I am surprised, because it is a very good question. The Bankruptcy Code doesn’t require you to be insolvent in order to be eligible to file bankruptcy. Actually, […]
THE BANKRUPTCY ESTATE
When a debtor files bankruptcy, an estate is created. The estate includes all of the person’s legal and equitable interests in property at the commencement of the case, and may also include any property the debtor becomes entitled to during the 180 day period following the filing of the bankruptcy case. However, debtors can exempt […]
THE TROUBLE WITH LOAN MODIFICATIONS
A quick search of the internet will show that loan modification programs have been generally unsuccessful. In my practice as a bankruptcy attorney, I encounter debtors every day who are trying to save their home through a loan modification. After months of submitting and resubmitting documents, jumping through one hoop after another, they are usually […]
WAITING TO FILE CHAPTER 13 BANKRUPTCY COULD COST YOU!
Most of the time, when a client comes into my office to talk about filing bankruptcy, they have urgency to file. We can usually point to a single event that has caused them to seek out legal advice. Perhaps they received notice of a foreclosure sale, their car has been repossessed, or creditors are hounding […]