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Recent Blog Posts

When to Choose Chapter 13 Bankruptcy

 Posted on September 18,2024 in Bankruptcy

TX bankruptcy lawyerThe main advantage of Chapter 7 bankruptcy is that when liquidation is over, the bankruptcy is over and you can move on quickly. Many people like to avoid Chapter 13 bankruptcy because they do not like the idea of having to put all of their disposable income toward debt repayment for several years or more. However, there are many good reasons to choose Chapter 13. Depending on your personal priorities and how averse to liquidation you are, you may find that Chapter 13 bankruptcy is preferable. An Arlington, TX bankruptcy lawyer can help you decide whether Chapter 7 or Chapter 13 bankruptcy is right for you.

Chapter 13 Bankruptcy Avoids Liquidation

The main benefit of Chapter 13 bankruptcy is that you can avoid having your assets liquidated. Avoiding liquidation is a high priority for many people. If you cannot stand the idea of having some of your assets seized and sold off to repay your debts, Chapter 13 may be your better option.

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Debt Relief When a Small Business Fails

 Posted on September 11,2024 in Bankruptcy

TX debt attorneyThe fact is that many small businesses fail within their first year. Even if you had a great concept for a business and are very experienced, there is a chance that your company simply will not be able to stay open. This is often due to factors beyond the control of the business owner. It could be that you opened your business at a time when many of your potential customers were struggling financially, or that you were overshadowed by a larger corporation with a higher advertising budget that opened a new location around the time you opened your doors. If you are planning to close your business, Chapter 7 bankruptcy can help you eliminate your business debt. An Arlington, TX bankruptcy lawyer can help you determine the best course of action.

Why Liquidation Bankruptcy Works for Failing Businesses 

Chapter 7 bankruptcy involves selling off your business’s assets to pay off its creditors. Anything owned by your business entity will be liquidated, and the money will be used to pay off any debt your company still owes. When this process is complete, any remaining business debt will be cleared and you can walk away as if nothing happened.

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When Can a Bankruptcy Be Dismissed?

 Posted on August 21,2024 in Bankruptcy

Wise County, TX bankruptcy lawyerFiling for bankruptcy can provide a fresh financial start, but it is not always guaranteed. In some cases, a bankruptcy case may be dismissed. This means the court stops the bankruptcy process, and the debtor loses the protections provided by the automatic stay. A Texas lawyer can help you understand the reasons for dismissal and how to get through the bankruptcy process more effectively.

Common Reasons for Bankruptcy Dismissal

Different factors can lead to the dismissal of a bankruptcy case:

  • Failure to provide required documents: The court needs complete and accurate financial information to proceed with your case.

  • Missing deadlines: Bankruptcy involves strict timelines. Failing to meet these can result in dismissal.

  • Not completing credit counseling: This is a mandatory step before filing for bankruptcy.

  • Inability to make plan payments: In Chapter 13 bankruptcy, failing to keep up with your repayment plan can lead to dismissal.

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Can You Go Through a Divorce and Bankruptcy at the Same Time?

 Posted on August 05,2024 in Bankruptcy

Arlington Bankruptcy LawyerLife can sometimes present multiple challenges simultaneously; for some individuals, this might mean facing both divorce and financial difficulties at the same time. If you are considering bankruptcy while going through a divorce, you are not alone. This situation, while complex, is manageable with the right guidance from a Texas lawyer.

How Divorce and Bankruptcy Affect Each Other

When divorce and bankruptcy coincide, they can significantly impact each other. The order in which you file for divorce and bankruptcy can affect the outcomes of both processes. Bankruptcy can alter the distribution of assets in your divorce settlement, and how debts are handled in bankruptcy may influence your financial obligations post-divorce. It is important to note that bankruptcy is a federal process, while divorce is handled in state courts, which can lead to potential complications.

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How Does Bankruptcy Affect Student Loans in Texas?

 Posted on July 22,2024 in Bankruptcy

Dallas bankruptcy lawyerNavigating the complex intersection of bankruptcy and student loans can be challenging, especially in Texas. A Texas lawyer can explain how bankruptcy impacts student loans and what options are available when facing financial difficulties.

What to Know About Bankruptcy and Student Loans

The purpose of bankruptcy is to provide individuals and businesses with a legal avenue to eliminate or repay debts, protected by the bankruptcy court. However, the rules regarding student loans differ from those for other types of debt.

Generally, student loans are not dischargeable in bankruptcy unless the borrower can prove "undue hardship." This standard applies nationwide, including in Texas, making discharging student loans through bankruptcy extremely difficult.

The Brunner Test in Texas

Texas falls under the jurisdiction of the Fifth Circuit Court of Appeals, which uses the Brunner test to determine undue hardship. To discharge student loans in bankruptcy, a borrower must prove all three of the following:

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How Bankruptcy Can Provide Relief from Payday Loans

 Posted on July 08,2024 in Bankruptcy

Dallas bankruptcy lawyerAre you struggling with payday loan debt in Texas? You are not alone. Many people find themselves trapped in a cycle of borrowing and repaying these high-interest, short-term loans. However, there is hope. Bankruptcy can offer a path to financial relief and a fresh start. A Texas lawyer can help you explore how bankruptcy can help you break free from payday loan debt and regain control of your finances.

Payday Loans are Dischargeable in Bankruptcy

One of the most important things to understand is that payday loans are generally dischargeable in bankruptcy. This means that when you file for bankruptcy, you may be able to eliminate your obligation to repay these loans. Both Chapter 7 and Chapter 13 bankruptcy can offer assistance with payday loan debt.

In a Chapter 7 bankruptcy, also known as "liquidation bankruptcy," your payday loan debt can be completely wiped out along with other unsecured debts. This process typically takes 3-4 months and allows you to start fresh without the burden of these high-interest loans.

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What Happens to Tax Debt When You File Bankruptcy?

 Posted on June 19,2024 in Bankruptcy

Arlington bankruptcy lawyerFiling for bankruptcy can provide much-needed relief for individuals struggling with overwhelming debts, including tax debts. However, it is essential to understand that not all tax debts can be discharged through bankruptcy. A Texas lawyer can help you understand what happens to your tax debt when you file for bankruptcy and the specific requirements that must be met for tax debts to be eligible for discharge.

Types of Bankruptcy and Tax Debt

There are two primary types of bankruptcy that individuals can file in Texas: Chapter 7 and Chapter 13. The treatment of tax debt varies depending on the type of bankruptcy filed.

Chapter 7 Bankruptcy and Tax Debt

In a Chapter 7 bankruptcy, certain types of tax debt may be discharged, provided they meet specific criteria. To be eligible for discharge, the tax debt must be income tax debt, and the following conditions must be satisfied:

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Should You Always Dispute a Debt on Your Credit Report?

 Posted on June 06,2024 in Bankruptcy

Dallas bankruptcy lawyerWhen it comes to managing your credit report, you must stay vigilant and address any discrepancies that may arise. In Texas, consumers can dispute inaccurate or incomplete information on their credit reports. However, the question remains for many about whether you should always dispute a debt on your credit report. A Texas lawyer can help you determine if you should be disputing a specific debt on your credit report.

Be Sure You Understand the Dispute Process

Under the Fair Credit Reporting Act (FCRA), credit reporting agencies (CRAs) in Texas are required to investigate disputes filed by consumers. When you file a dispute, the CRA must contact the creditor or information provider to verify the accuracy of the reported debt. If the creditor fails to respond or cannot substantiate the debt, the CRA must remove the disputed item from your credit report.

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What if the Creditor is Refusing to Show Validation of the Debt?

 Posted on May 28,2024 in Bankruptcy

Wise County bankruptcy lawyerWhen faced with overwhelming debt, many people look into bankruptcy as a means of obtaining a fresh financial start. However, before filing for bankruptcy, ensure that all debts are valid and accurately reported. If a creditor refuses to provide validation of a debt upon request, it can create a complex situation for the debtor. A Texas lawyer can help you explore the legal implications and potential courses of action when a creditor fails to confirm a debt under the law.

What You Should First Know About Debt Validation

Debt validation is when a creditor proves that a debt is legitimate and belongs to the individual being pursued for payment. Under the Fair Debt Collection Practices Act (FDCPA), a federal law in Texas, consumers have the right to request debt validation from creditors or collectors within 30 days of being contacted about a debt. The creditor must then provide written verification of the debt, including the original creditor’s name, the amount owed, and proof that the debt belongs to the consumer.

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Why You Should Always Ask for Validation of a Debt

 Posted on May 08,2024 in Bankruptcy

Arlington bankruptcy lawyerDealing with debt can be a massive headache. You are probably all too familiar with the relentless calls from debt collectors demanding payment and using aggressive tactics to pressure you into paying up. It is an incredibly stressful situation that leaves many feeling overwhelmed and hopeless. A Texas lawyer can help you figure out what to do if you are in this situation.

Know What You Are Paying

One of the primary reasons for requesting debt validation is to confirm the legitimacy and accuracy of the debt. Debt collectors may provide incomplete or misleading information, making it difficult to determine if the debt is valid. By requesting validation, you can receive documentation that proves the debt’s existence, the amount owed, and the creditor’s right to collect.

Prevent Paying Expired Debts

There is a statute of limitations on debt collection in Texas, which varies depending on the type of debt. For example, the statute of limitations is four years for credit card debt. You can dispute if a debt collector tries to collect on an expired debt. Requesting validation can help identify whether the debt is still legally collectible or the statute of limitations has passed.

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