In many Dallas bankruptcy cases there is confusion about whether money in a bank account is part of the bankruptcy estate. For bankruptcy purposes, money in a bank account is part of your bankruptcy estate if the money in the account is your money. Just because your name is on a bank account doesn’t necessarily mean […]
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 […]
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, […]
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, […]