The Truth about Bankruptcy Petition Preparers

A “bankruptcy petition preparer” under bankruptcy law (Section 110(a)(1) of the Bankruptcy Code) is someone who gets paid for preparing documents that are filed in a bankruptcy case, but is “not an attorney for the debtor” nor “an employee of such attorney under the direct supervision of such attorney.” There are two basic reasons why a person … [Read more...]

What is “Conversion” from Chapter 13 to Chapter 7?

Following up on my last blog, “conversion” means switching from one chapter of bankruptcy to another before the case is completed. In the last blog I discussed converting from Chapter 7 to 13; now about converting from Chapter 13 to 7, that is, from the “adjustment of debts” payment plan to a “straight bankruptcy.” The reasons to convert from … [Read more...]

What is “Conversion” from Chapter 7 to Chapter 13?

“Conversion” is switching from one bankruptcy chapter to another before the bankruptcy case is completed. Focusing here on “converting” from Chapter 7 to 13, why would you want to make this switch between these very different options? You would do so essentially, either voluntarily and involuntarily. Either because 1) changed circumstances make … [Read more...]

Debts Not Discharged in Chapter 7

The vast majority of debts are “discharged”—legally written off—if you file a “straight bankruptcy” Chapter 7 case. Bankruptcy law actually says that ALL debts are discharged EXCEPT for a limited list of specific kinds of debts that are not. So, the discharge of debts granted under Section 727 of the Bankruptcy Code applies to ALL debts except … [Read more...]

Jumping Over the Easy but Necessary “Credit Counseling” Hurdle

Before you can file a personal bankruptcy case, you have to go through what for all practical purposes is nothing more than a bureaucratic formality. However, it is a strict legal requirement that can cause unnecessary headaches if not done correctly, so it's important to understand it. It's the Law Here is what the U.S. Bankruptcy Code says you … [Read more...]

What Is a “Fraudulently Incurred” Debt?

Which Debts are “Fraudulent”? The discharge—legal write-off—of a debt can be challenged if at the time the debtor received the credit — the “money, property, services, or an extension, renewal, or refinancing of credit”—it was a result of his or her intentional misrepresentation, and the creditor relied on that misrepresentation in extending the … [Read more...]

Don’t Give Your Car Away or Repay Your Friend Before Filing Bankruptcy

Bankruptcy law has traps for the unwary as any area of law, and here are two very important ones. They are traps because they seem to not only go against common sense, but against what would otherwise be the honorable and the morally right thing to do. These two have to do with transactions—transfers of your possessions and your payments on … [Read more...]

The All-Important “Automatic Stay”

The “automatic stay” goes into effect the moment your bankruptcy case is filed. It is a provision in the bankruptcy law which stops virtually all efforts by your creditors to chase you or your property at the moment of filing. “Stay” is the legal word for “stop.” It is “automatic” because the very act of filing your case “operates as a stay” … [Read more...]

Chapter 7’s Treatment of Secured Debts

A Chapter 7, sometimes called “straight bankruptcy,” provides you with a number of important advantages with your secured debts. Those are debts in which your obligation to pay is secured by collateral, specifically by certain rights that the creditor has over your collateral. If you do not stay current on the agreed payments on the debt, the … [Read more...]

General Unsecured, Secured, and Priority Debts

All of bankruptcy makes a lot more sense if you know which of your debts fit within which of these three categories of debts. Bankruptcy law generally treats your creditors the same, except when those creditors are legally different. A handy way to describe how creditors are legally different is to say whether a debt is a “general unsecured debt,” … [Read more...]

Call Rockwall bankruptcy lawyer Carrie Weir at 972-772-3083 or fill out the contact from below for a free, confidential consultation to discuss your options.

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Consumer Bankruptcy

Can I keep my car? Will bankruptcy stop a foreclosure? Will I ever be debt-free again? How will I ever pay these medical bills?

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Chapter 7 Bankruptcy

If you want to stop creditor harassment, eliminate repossession debt, stop garnishments and keep your house, and car, a Chapter 7 bankruptcy could help.

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Chapter 13 Bankruptcy

Are you in jeopardy of losing your house? Are you making good money but everyone is asking for payment right now? Do you want or need to stop collections?

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