Many people do not file bankruptcy because they fear that it will ruin their credit score. The reality is that by the time most people start thinking about filing bankruptcy, they already have a poor credit rating, and for those people, filing bankruptcy may in fact improve their credit rating. There are several reasons why […]
MORTGAGE DEBT: STRATEGIC DEFAULT VERSUS BANKRUPTCY
A strategic default is a property owner’s decision to stop making payments to a mortgage lender and to allow property to be foreclosed. Whether a strategic default is a good idea depends on the property owner’s specific situation and the state in which the property is located. Each state has its own set of rules […]
NORTH TEXAS BANKRUPTCY: WHAT HAPPENS TO MY TAX REFUND?
Tax refunds are treated differently depending on whether you file Chapter 7 or Chapter 13 bankruptcy. In a Chapter 7 case, if a debtor files a tax return before filing bankruptcy but receives a refund after their bankruptcy case is filed, they may have to turn the refund over to the bankruptcy trustee so that […]
TEXAS BANKRUPTCY: IS THE TRUSTEE GOING TO TAKE MY POSSESSIONS?
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 […]
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 […]