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Understanding the Automatic Stay in Bankruptcy in Texas

 Posted on March 14, 2024 in Automatic Stay

Boerne bankruptcy lawyerFiling for bankruptcy provides immediate relief through the automatic stay provision. However, this powerful tool has certain limitations that you should understand. A Texas lawyer can explain the automatic stay, what it covers, and where its protections end.

What is the Automatic Stay?

The automatic stay is one of the core protections triggered as soon as a bankruptcy case commences. It serves as an automatic injunction, prohibiting most creditors from taking any further collection actions against you or your property.

The stay automatically arises by federal law operation upon filing a bankruptcy petition. It applies to all bankruptcy chapters—Chapters 7, 11, 12, and 13. No court order is required.

The Primary Benefits of the Stay

The automatic stay delivers crucial breathing room by stopping creditor harassment and providing the debtor with a temporary reprieve from collection efforts. Specifically, it stops:

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Secured vs. Unsecured Debt: What to Know in Texas

 Posted on March 08, 2024 in Bankruptcy

San Antonio bankruptcy lawyerWhen considering bankruptcy in Texas, it is essential to understand the difference between secured and unsecured debt. These two types of debt are treated differently under bankruptcy law, and knowing how they are handled can help you make informed decisions about your financial future. A Texas lawyer can help you understand the best option for you.

What is Secured Debt?

Secured debt is debt backed by collateral, such as a house or a car. When you take out a secured loan, you agree to give the lender the right to take possession of the collateral if you fail to make payments as agreed. Common examples of secured debt include mortgages and car loans.

In Texas, if you file for bankruptcy and have secured debt, you generally have two options: reaffirm the debt or surrender the collateral. Reaffirming the debt means that you agree to continue making payments on the loan, and in exchange, you get to keep the collateral. If you surrender the collateral, the lender can take possession of it, but you will no longer be responsible for the debt.

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Bankruptcy Options with Student Loans in Texas

 Posted on March 07, 2024 in Student Loans

San Antonio bankruptcy lawyerStruggling with student loan debt can be an overwhelming and stressful experience for many Texans. While it is widely known that discharging student loans through bankruptcy is challenging, it is essential to understand that it is not entirely impossible. A Texas lawyer can help provide valuable insights and explore the various options available to seek potential relief from your student loan obligations.

The Brunner Test: Proving Undue Hardship

To discharge student loans through bankruptcy in Texas, you must demonstrate that repaying the loans would cause “undue hardship.” The courts use the Brunner test to determine whether a borrower meets this criterion. To pass the Brunner test, you must show that:

  • If you have to pay back the loans, you will not be able to cover basic living costs for yourself and your dependents.
  • Your current financial situation will likely persist for a significant portion of the repayment period.

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How to Improve Your Life After Bankruptcy in Texas

 Posted on March 04, 2024 in Bankruptcy

Kerrville bankruptcy lawyerDeclaring bankruptcy gives you a chance to start over financially. However, it can also bring money struggles as you reestablish credit and financial health. Although bankruptcy comes with legal limits, with the right help from a Texas lawyer, your life after filing can actually get better in the long run.

Review the Impact on Your Credit

Understand that bankruptcy devastates your credit score initially. However, well-managed credit after bankruptcy rebounds quicker than many realize. Generally, a Chapter 7 bankruptcy remains on your credit report for ten years. However, credit scoring models differentiate older bankruptcies from new ones; for example, a 3-year-old Chapter 7 hurts much less than a recent filing. Checking your actual credit reports reveals what potential lenders view. Monitoring progress monthly shows how each successful payment and healthy financial choice improves your access to new credit.

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What Medical Bills Can You Get Rid of With Bankruptcy?

 Posted on February 29, 2024 in medical debt

Schertz bankruptcy lawyerFiling for bankruptcy can provide much-needed relief if you are overwhelmed by medical debt. Under Texas bankruptcy law, most types of medical debt can potentially be discharged through bankruptcy. However, you will want to understand which medical bills may still remain your responsibility after bankruptcy. A Texas lawyer can help you determine how different medical debts may be treated during bankruptcy.

Medical Debt from Doctors, Clinics, and Hospitals

Most medical debt owed directly to healthcare providers like hospitals, doctors’ offices, and medical clinics is unsecured under Texas law. Unsecured medical debts for treatment you have already received can usually be discharged entirely through Chapter 7 or Chapter 13 bankruptcy. This includes bills from:

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Protecting Your Retirement Accounts During Bankruptcy

 Posted on February 28, 2024 in Bankruptcy

Schertz bankruptcy lawyerFiling for bankruptcy can be a difficult decision. Retirement accounts represent safety nets that you have spent years building for your future well-being. Luckily, under Texas and federal bankruptcy laws, certain retirement funds are exempted. A Texas lawyer can help determine how you may or may not be impacted and what types of retirement accounts may be protected.

401(k) Plans and Other Workplace Retirement Accounts

401(k), 403(b), 457 plans, and other employer-sponsored retirement plans are fully exempt under Texas law. This means you can keep your entire 401(k) balance even if you file for Chapter 7 bankruptcy. These protections also apply to other workplace plans like pensions.

IRAs

Texas exempts IRAs from creditor claims in bankruptcy up to $100,000 per person. This applies to both Roth and traditional IRAs. If your IRA balance exceeds $100,000, the amount over this limit may need to be turned over to pay creditors.

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What is Considered Creditor Harassment?

 Posted on February 26, 2024 in Bankruptcy

New Braunfels bankruptcy lawyerDealing with debt collectors and bankruptcy can be stressful. However, creditors and collectors still have to follow fair debt collection rules. It is important that you know you have rights and what to do when a debt collector crosses the line. A Texas lawyer can help you determine if what you are dealing with is harassment and figure out the next steps.

Repeated Unwanted Calls

Creditors may call you to try collecting debts. However, the law limits how often they can call. Specifically, debt collectors may not place repeated harassing calls intending to abuse or harass.

Signs of potential phone harassment include:

  • Calling multiple times per day, even after requesting they stop
  • Calling early in the morning or late at night
  • Threatening to call your friends, family, or employer about the debt

If you request no further calls in writing and the collector keeps contacting you, that violates regulations. In Texas, you can sue for damages if the harassment continues after receiving written confirmation to cease communications.

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Is a Short Sale Ideal for Everyone Facing Foreclosure?

 Posted on February 22, 2024 in Bankruptcy

Boerne bankruptcy lawyerFacing foreclosure can be an incredibly stressful and challenging situation. As a homeowner, you are likely exploring any and all options to avoid foreclosure and save your home. One route some homeowners consider is a short sale. But is this the best option for every homeowner in danger of foreclosure? A Texas lawyer can help you figure out if it is the most viable option for your circumstances.

What is a Short Sale?

short sale enables homeowners to sell their property and repay their mortgage loan at the current appraised value, even if they owe more on their mortgage than their home is worth. This avoids a foreclosure while relinquishing the property. With a short sale, the lender agrees to discount a portion of the loan balance since the sale proceeds will not cover the amount owed. This forgives the remaining mortgage debt.

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Who Owns Your Car When You File Bankruptcy in Texas?

 Posted on February 15, 2024 in Bankruptcy

New Braunfels bankruptcy lawyerWhen facing financial hardship, many people consider filing for bankruptcy to eliminate overwhelming debts and get a fresh start. However, this raises an important question regarding valuable assets like cars and motorcycles. For example, who owns the vehicle if you file for bankruptcy? A Texas bankruptcy lawyer can help break down the complex legal ownership rights to your car when navigating the steps.

What is the Difference Between Chapter 7 and Chapter 13 Bankruptcy?

To understand vehicle ownership in bankruptcy, you must first comprehend the contrast between the two most common bankruptcy filings, Chapters 7 and 13. Chapter 7 bankruptcy involves liquidating your non-exempt assets to eliminate all eligible debt. This provides a quick discharge, but assets may be surrendered to creditors. Conversely, Chapter 13 bankruptcy proposes a 3-5-year debt repayment plan to repay creditors with future earnings over time.

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The Automatic Stay Explained

 Posted on February 09, 2024 in Automatic Stay

San Antonio bankruptcy lawyerAs soon as a bankruptcy petition is filed, the automatic stay immediately goes into effect to halt most collection activities and allow the debtor to organize their finances. The automatic stay is an injunction imposed against certain creditors who want to start or continue taking action against a debtor or the debtor’s property. It is important to note that in some situations, there may be no automatic stay at all, or there may be only an automatic stay if the debtor obtains a court order that imposes the automatic stay. A Texas bankruptcy lawyer can help you figure this out and what you may experience specifically for your case.

What Exactly Does the Automatic Stay Do?

An automatic stay presses pause. It freezes any efforts by creditors and debt collectors to collect on debts that came due before the bankruptcy was filed. They cannot file lawsuits, garnish wages, repossess cars or homes, shut off utilities, send demand letters, make collection calls, or take any other steps to enforce, collect, or create liens against debts owed before filing. The purpose is to bring everything to a screeching halt so that debtors have some breathing room under bankruptcy court protection to get their affairs in order.

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