DALLAS CHAPTER 13 BANKRUPTCY ATTORNEY: Debtors in Chapter 13 bankruptcy file a repayment plan with the Court that states which creditors will be repaid and the terms of the repayment. The plan is reviewed by the Trustee and the creditors who may or may not file an objection to confirmation of the plan. Objections to […]
DALLAS TEXAS BANKRUPTCY: REPAYING LOANS TO FAMILY MEMBERS
Dallas Texas Bankruptcy: One of the more unfortunate results of filing bankruptcy occurs when a debtor has made payments to a family member to repay a debt prior to filing bankruptcy. Section 547 allows the Trustee to avoid any transfer of an interest of the debtor in property made within 90 days before the filing […]
DO I HAVE TO BE A U.S. CITIZEN TO FILE BANKRUPTCY?
You do not have to be a U.S. citizen to file bankruptcy. You do have to be a resident of the state in which you file your bankruptcy case and have lived there for the last 180 days. Filing bankruptcy without being a U.S. citizen does raise one complication. Most debtors who file bankruptcy are […]
DO I HAVE TO LIST ALL OF MY CREDITORS IN BANKRUPTCY?
Debtors often ask me not to include a specific debt in their bankruptcy. In most cases the motivation behind these requests is that the debtors wish to keep a house or a car and they believe that if the debts that are secured by their property are listed in the schedules, they will lose the […]
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 […]