Paying for Your Bankruptcy Lawyer

Although nobody would consider doing surgery on themselves or treating their own heart attack, some people think that they can treat their financial trauma on their own. Doing so is extremely unwise. You may agree with that but then wonder how to pay for a bankruptcy lawyer if you can’t afford to pay your creditors. To help answer this, consider … [Read more...]

The Benefits of Chapter 12 For Texas Farmers and Ranchers

You hear a lot about Chapter 7 “straight bankruptcy,” Chapter 11 “business reorganization,” and Chapter 13 “adjustment of debts of an individual.” But probably much less familiar to you is Chapter 12 “adjustment of debts of a family farmer or fisherman.” However, if you qualify for it, Chapter 12 provides some of the best benefits of all these … [Read more...]

How Come in a Federal Bankruptcy We Can Protect Our Property with STATE Exemptions?

The U.S. Constitution makes bankruptcy a federal procedure. So how come it’s different in every state, including Texas, because of the property you can protect? The Constitution makes it sound like a bankruptcy case should be the same in every state. It says that Congress has the power “to establish… uniform Laws on the subject of Bankruptcies … [Read more...]

The Special Texas Homestead Exemption in Bankruptcy

Texas has a very different and very generous homestead exemption compared to most other states. Most homestead exemptions—in other states and in federal law—impose a specific dollar limit on the how much value in a home you can protect. There no such limit in Texas. Our homestead exemption does have some other kinds of limits and conditions, but … [Read more...]

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...]

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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