Texas Bankruptcy: A couple times a month I get a phone call or email from a client in distress because they received a copy of an objection to confirmation or a motion to dismiss their bankruptcy case. I have mixed feelings about these types of phone calls and emails. I am slightly frustrated, because during […]
STUDENT LOANS -YOU MAY WANT TO PAY IN YOUR BANKRUPTCY CASE
Student loans are a peculiar sort of debt in the context of a Chapter 13 bankruptcy case. They are unsecured which entitles them to low priority for repayment in Chapter 13 plans, yet they are nondischargable, meaning the student loan debt survives the bankruptcy discharge. Because of these two traits, it is very important to […]
TEXAS BANKRUPTCY: DEBTORS PROTECTED AGAINST DISCRIMINATION
Can my employer fire me for filing bankruptcy? The Bankruptcy Code expressly prohibits private employers from firing you because you filed for bankruptcy. See 11 U.S.C. § 525(b). This prohibition even protects debtors who discharged debts owed to their employer. For example, a bank teller cannot be fired for discharging credit card debt owed […]
TEXAS BANKRUPTCY LAWYER: DOWNWARD TREND IN FORECLOSURES ?
TEXAS BANKRUPTCY LAWYER: DOWNWARD TREND IN FORECLOSURES NOT NECESSARILY A SIGN OF ECONOMIC RECOVERY I recently read an article in the San Antonio Business Journal by Tricia Lynn Silva regarding the downward trend in foreclosures. Her article says in part: “As of Nov. 30 2011, a total of 10,124 foreclosure notices had been filed […]
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, […]