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Recent Blog Posts

How Can Real Estate Defense Help Foreclosure?

 Posted on February 23, 2024 in Uncategorized

Parker County real estate lawyerFinding yourself facing foreclosure is a stressful situation with uncertainty around the next steps. However, working with a Texas real estate attorney early on opens doors that struggling homeowners may not realize are there. With compassionate and strategic legal representation in your corner guiding the process, you can discover alternatives that can help defend your property from forfeiture. 

Respond Within Statutory Timeframes

Time is vital when responding to a foreclosure lawsuit. Texas law provides strict statutory deadlines for answering once served with a foreclosure petition. It is crucial to file the proper response on time. Missing the deadline to respond can result in an immediate default judgment against the homeowner, making foreclosure inevitable. Proper legal representation can prevent homeowners from inadvertently giving up their rights.

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What to Expect After Bankruptcy

 Posted on February 09, 2024 in Bankruptcy

Arlington bankruptcy lawyerFiling for bankruptcy can provide much-needed relief if you are overwhelmed with debt. However, it also brings significant changes to your financial life. It is ideal to know what to expect, and a Texas bankruptcy attorney can help you determine what life may be like in your specific situation.

The Immediate Aftermath

Once your bankruptcy is discharged, the calls and letters from creditors should stop almost immediately. The discharge order from the bankruptcy court prevents creditors from trying to collect on discharged debts. However, the discharge does not get rid of all debts. You are still responsible for domestic support obligations, some taxes, student loans, and any fraud-related debts. Creditors can resume collection activities if these debts are excluded from the bankruptcy. Within 30 days of the discharge, you will receive a notice outlining which debts, if any, were not wiped out by the bankruptcy. You will also get information about any property the bankruptcy trustee abandoned back to you.

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What Is Chapter 13 Bankruptcy and How Does It Impact Tax Debt?

 Posted on January 27, 2024 in Bankruptcy

TX bankruptcy lawyerChapter 13 bankruptcy allows you to restructure your debts into a three to five-year payment plan approved by the bankruptcy court. This type of bankruptcy is often called “wage earner’s bankruptcy” because it is only available to individuals with regular income. The payment plan allows you to catch up on missed payments to creditors while also paying down a portion of your debts under court protection. Your assets are not liquidated like in a Chapter 7 bankruptcy. At the end of your payment plan, eligible debts are discharged. A Texas bankruptcy lawyer can help you navigate this out for your specific situation.

How Tax Debt is Treated in Chapter 13

Most tax debt can be included in your Chapter 13 payment plan. There are a few exceptions for recent tax liability and tax debt from filing fraudulent returns. Generally, Chapter 13 allows you to catch up on federal income tax, self-employment tax, payroll withholding tax, and other types of tax debt across multiple years. Your proposed payment plan must pay these tax debts in full over three to five years to obtain discharge eligibility. If you have not filed tax returns for previous years, you will likely have to file before your Chapter 13 case is approved.

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When Should You Seek Loan Modification?

 Posted on January 10, 2024 in Bankruptcy

TX bankruptcy lawyerFacing unmanageable mortgage payments leaves struggling homeowners weighing options. Attempting mortgage loan modification merits consideration for lowering payments to affordable levels long-term through adjusted interest rates, extended repayment terms, or reduced principal. Working with a Texas bankruptcy lawyer when modification makes the most strategic sense helps navigate the process proactively.

If You Have Missed Several Payments

Consistently falling behind on mortgage payments triggers late fees and credit score damage and brings you closer to potential foreclosure over time. Even just a few missed payments can quickly snowball out of control as penalties and arrears amount. 

Seeking loan modification early into delinquency makes strategic sense before amounts owed become an insurmountable obstacle to catching up. Most servicers must mandatorily evaluate homeowners for “hardship” assistance changes once two payments get missed, so filing paperwork around the third late payment mark maximizes responsiveness.

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What to Expect After Bankruptcy

 Posted on December 27, 2023 in Bankruptcy

TX bankruptcy lawyerFiling bankruptcy can provide a powerful fresh financial start by discharging suffocating debts when responsibly managing obligations alone overwhelms abilities. However, given its notorious social stigmas plus lingering legal impacts, future life requires attentive navigation. It is beneficial to understand bankruptcy’s aftermath and how it can lead to new beginnings. A Texas bankruptcy attorney can help you figure out the most ideal chapter of bankruptcy for your situation.

Rebuild Credit Responsibly But Realistically

Bankruptcy impacts credit scores, dropping averages by 130-150 points initially, and can linger for up to a decade, so traditional credit remains restricted requiring diligent reestablishment of responsible usage showing financial accountability now. Obtain secured cards that demonstrate the ability to handle timely monthly payments. Temporarily limit new revolving account pursuits while aggressively verifying the accuracy of all bankruptcy-related reporting. Consistent diligence earns increasing rewards enabling renewed access to future mortgages, auto loans, and credit cards over time through disciplined rebuilding.

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How Chapter 13 Bankruptcy May Help When Behind on Child Support

 Posted on December 07, 2023 in Bankruptcy

IL bankrutpcy lawyerFalling behind on child support payments can quickly snowball out of control between steadily accumulating monthly amounts owed, interest charges, penalties, and aggressive collection actions. However, parents struggling with past-due child support may find relief through using Chapter 13 bankruptcy

While it does not discharge unpaid support, Chapter 13 allows you to repay arrearages over time through an affordable, court-supervised repayment plan. A Texas attorney can help determine if this is an ideal option for you.

The Benefits of Filing Chapter 13 Bankruptcy

Chapter 13 bankruptcy allows you to restructure debts under court protection while repaying a portion of what you owe over time. This contrasts Chapter 7 bankruptcy which completely discharges qualifying debt. The major advantage to a Chapter 13 is being able to catch up on back payments owed to creditors, including making up missed child support payments. Your repayment plan outlines an affordable monthly amount to creditors. Having this court-ordered structure can provide much-needed flexibility when juggling debt obligations.

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Fighting Back Against Abusive Debt Collectors Through Bankruptcy

 Posted on November 28, 2023 in Bankruptcy

Dallas bankruptcy lawyerStruggling with growing debt obligations while enduring threatening collection calls and letters can make daily life feel unbearable. Professional debt collectors are required to follow fair practices per the federal Fair Debt Collection Practices Act and the Texas Debt Collection Act. However, many continuously disregard the law and start harassing communications that violate borrowers’ rights. When you feel bombarded, mistreated, and unable to keep up with payments plus interest, leveraging bankruptcy may offer critical protection. A lawyer in Texas can help you determine the next step for your specific situation and what to do about this.

Illegal and Unethical Collection Tactics

While collectors cannot legally deceive, misrepresent facts, or deploy harassment techniques, far too many break the rules, including through:

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Can You Legally Get Out of a Personal Loan in Texas?

 Posted on November 07, 2023 in Bankruptcy

Fort Worth payday loan lawyerTaking out a personal loan provides fast access to cash when you need it. But if you fall behind on payments, the crushing debt can feel inescapable. Are there any legal avenues for relief from an overwhelming personal loan in Texas? You have a few options, but each has pros and cons to weigh carefully. A Texas lawyer can help you sort out your best options.

File for Bankruptcy

One way to legally discharge personal loan debt is through bankruptcy. The two primary bankruptcy routes in Texas are Chapter 7 and Chapter 13:

  • Chapter 7 liquidates assets to pay creditors and eliminates remaining debts, including personal loans. To qualify, you must pass a ‘means test’ based on income and expenses. While it discharges the debt, a Chapter 7 bankruptcy can severely damage your credit for years.
  • Chapter 13 restructures debts like personal loans into a 3-5 year repayment plan based on disposable income. This halts collections and gives you time to pay. But if you default on trustee payments, collections resume along with potential credit impacts.

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Trapped in Never-Ending Payday Loan Debt? Learn Your Options

 Posted on October 24, 2023 in Uncategorized

Fort Worth payday loan lawyerPayday loans carry shockingly high interest rates, often trapping borrowers in impossible-to-break cycles of growing debt. Thankfully, Texas law does provide options to regain control when payday loan payments become unmanageable burdens. A Texas lawyer can help you find out what options you may have for your specific situation and how you may be able to get out of it.

Understanding the Debt Trap Model

Payday lenders issue small, short-term loans at astronomical rates averaging 400-800% APR. Borrowers unable to repay in full within the very short duration of 2-4 weeks are forced to continually roll over the loan while paying only the excessive interest and fees. Lenders falsely claim these are “fees” rather than interest to cover up those fine print details. Harsh late penalties increase the balance even more. The debt quickly snowballs into a practically unpayable amount through this intentional business model.

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Fighting Wrongful Foreclosure in Texas

 Posted on October 06, 2023 in Bankruptcy

Fort Worth foreclosure lawyerIf you are a homeowner facing foreclosure in Texas and believe the proceedings against your property are wrongful or invalid, there are legal strategies you can pursue to contest the process and protect your rights. A Texas lawyer can help you with the steps on how to do this.

Common Grounds for Wrongful Foreclosure Claims in Texas

Homeowners may have a case to challenge a foreclosure based on procedural defects by the mortgage holder or servicer, such as:

  • Failure to properly provide notice of default and intent to accelerate as required by Texas statute
  • Not adhering to statutory timelines for filing notice with the county clerk

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