As a bankruptcy attorney I have focused my practice on a specific type of legal practice. I don’t know much about drafting a will, litigating a lawsuit, or defending a criminal action, but I know a lot about consumer bankruptcy. Similarly, in my experience I have found that attorneys practicing other types of law know […]
DOMESTIC SUPPORT OBLIGATIONS GIVEN PRIORITY IN BANKRUPTCY
The Bankruptcy Code provides special protection for parties’ owed domestic support obligations, such as child support, alimony, and spousal maintenance. In its present form, the Bankruptcy Code provides that domestic support obligations cannot be discharged in a Chapter 7 case and receive priority status in Chapter 13 bankruptcy plan. This priority status guarantees that domestic […]
LIABILITY FOR DEBT AFTER BANKRUPTCY DISCHARGE: IN PERSONAM VS. IN REM
When determining how a debt will be affected by discharge in bankruptcy, it is important to determine whether or not a debt is in personam or in rem. “In personam” means “against a person.” With a few exceptions, in personam liability is discharged in bankruptcy. For example, credit cards and medical bills are debts against […]
DALLAS BANKRUPTCY: NON-DISCHARGEABLE DEBTS
Dallas Bankruptcy: Bankruptcy is a great way to get rid of debt. But there are some debts that cannot be discharged in bankruptcy. The non-dischargeable debts bankruptcy attorneys generally talk about are taxes, student loans, and domestic support obligations. These are the most common types of non-dischargable debts, and at least one of the three is […]
UTILITY SERVICES AFTER FILING BANKRUPTCY
My clients often ask me if their utilities will be cut off after unpaid bills to these companies are discharged in bankruptcy. For most of us, loss of electricity and water services would be devastating. This issue is addressed in section 366 of the Bankruptcy Code. Utilities “may not alter, refuse, or discontinue service to, […]