How You Can Lose the Protection of the Automatic Stay

The Ways You Can Jeopardize Your Protection under the Bankruptcy Laws When you file for personal or business bankruptcy, an automatic stay goes into effect immediately, prohibiting your creditors from calling you, writing you or attempting to collect debts from you in any other manner than through the bankruptcy proceeding. The automatic stay … [Read more...]

What Are the Implications of Bankruptcy on a Co-signer?

To What Degree Will a Loan Guarantor Be Liable for Debts in Bankruptcy It's not uncommon, when you have less than perfect credit, or no credit history, to find a friend or family member who will co-sign on a debt. But what happens if your financial situation gets worse and you find it necessary to file for bankruptcy protection? How will the … [Read more...]

Discharging Debts or Damages from Business Litigation

Can You Permanently Rid Yourself of Debts Incurred in Commercial Lawsuits? In a Chapter 7 bankruptcy petition, available to individuals and businesses, you can permanently wipe out certain obligations in exchange to transferring "non-exempt" assets to the bankruptcy court to partially satisfy creditors. What happens if you are a small business … [Read more...]

Credit Card Debt—Avoiding the Presumption of Fraud in Bankruptcy

One of the common causes of consumer bankruptcy is unmanageable credit card debt. Because credit card debt is typically an unsecured obligation, you can generally discharge credit card arrearages in Chapter 7 without returning items purchased. However, if a creditor (credit card company) can show that you engaged in fraud when using the credit … [Read more...]

Your Bankruptcy Options When Continuing a Business

What's Best for You—Chapter 11 or Chapter 7? If you own a business that's struggling, but you know it's just a matter of time before things turn around, you can still use the bankruptcy process to your benefit. When you file a bankruptcy petition, you will immediately get the benefit of the automatic stay, which prohibits your creditors from … [Read more...]

Can You Dispose of Assets before You File a Bankruptcy Petition?

Steps to Minimize Potential Legal Problems When you are facing financial challenges, a common strategy is often to sell assets you don't need, so that you can pay off creditors or meet your basis needs. If you subsequently file for bankruptcy protection, though, you may face questions from the bankruptcy court regarding the disposition of those … [Read more...]

What Happens to Jointly Owned Property When You Seek Protection in Bankruptcy?

You have unmanageable debt and have concluded that the only way to move forward is file a personal bankruptcy petition. You may own property jointly with friends or other family members, including parents, children and others. Perhaps a family member co-signed for you or a parent added you to a bank account or deed as an estate planning tool. … [Read more...]

Are Your Retirement Assets Safe When You File for Bankruptcy Protection?

You've worked hard to prepare for a secure retirement, faithfully making contributions to your IRA or to a 401(k). Then you experience health problems, or lose your job, and the bills become unmanageable. A personal bankruptcy filing may be the only way to get back on your feet again. If you file for bankruptcy, though, will you jeopardize your … [Read more...]

How Does a Bankruptcy Filing affect an Inheritance?

Can You Potentially Lose an Inheritance if You Seek Protection in Bankruptcy? You've had difficulty meeting your financial responsibilities, and have successfully discharged debts through a Chapter 7 proceeding. After the termination of the bankruptcy proceeding, you learn that you are the beneficiary of the estate of a loved one. What are the … [Read more...]

Can You Discharge a Car Accident Verdict in Bankruptcy?

It's not common that a private individual will have personal financial responsibility for damages suffered by another person in a motor vehicle accident. That's generally covered by automobile insurance. There are, however, isolated instances where you may be sued directly by another person, or by an insurance company, for losses incurred. Can you … [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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