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Chapter 13 Bankruptcy Compared To Traditional Debt Consolidation

Chapter 7 bankruptcy informationLet’s Learn About Chapter 13 Bankruptcy
(aka our ‘Debt-Survival’ plan)

Most of the bankruptcy laws are set forth in Title 11 of the United States Code, which  is divided into chapters. For instance, there is Chapter 7 (sometimes called “total bankruptcy”, but that term is misleading), Chapter 13 (sometimes loosely referred to as the “bill consolidation” version of bankruptcy or a “wage earner plan”), Chapter 12 (bankruptcy for the family farmer), and Chapter 11 (bankruptcy for huge corporations).

The 2 chapters available to most people in need of help are Chapter 7 and Chapter 13. This post is going to cover Chapter 13.

The best way to do explain Chapter 13 bankruptcy is to compare it to Chapter 7. If you’re not familiar with Chapter 7 bankruptcy, click the link to read more information.

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By |2013-08-06T22:58:55-05:00August 6th, 2013|Bankruptcy, Debt|

Are You Eligible For Chapter 7 Bankruptcy?

Chapter 7 bankruptcy informationThe question we hear the most from our clients is always “Am I eligible for Chapter 7 bankruptcy?”

For Chapter 7 bankruptcy, the answer is usually fairly easy to determine. The bankruptcy “means test” is used to determine whether your income is low enough for you to file Chapter 7 bankruptcy. It’s a simple formula designed to keep filers with higher incomes from filing for Chapter 7 bankruptcy. If your income level is too high, you won’t be allowed to wipe out your debts with Chapter 7, but you’ll be able to use Chapter 13 bankruptcy to repay a portion of your debts.

Don’t be discouraged though – you don’t have to be penniless or even have a low level of income to qualify through the Chapter 7 means test. If you have a lot of expenses, such as a high mortgage payment, you can have a significant monthly income and still qualify for Chapter 7 bankruptcy. (more…)

By |2013-08-06T10:00:30-05:00August 6th, 2013|Bankruptcy|

Do I Have Enough Debt To file Bankruptcy?

enough debt to file bankruptcyDo I have enough debt to file bankruptcy?

That’s a good question.

Many, if not most, of our clients eliminate a substantial amount of debt in filing a bankruptcy case.  However, this is not the only criteria.  A good number of our clients do not have any unsecured debt. They are behind on home and/or car payments and need some relief to catch these payments up.  Other clients want to rebuild their credit.  There are so many criteria in deciding whether to file a bankruptcy case that it is important to seek the advice of an experienced bankruptcy attorney who can walk you through all the different options that are available to you.

Call today for a FREE Debt Consultation.
Call toll free 214-760-7777.

By |2013-07-29T23:00:12-05:00July 29th, 2013|Bankruptcy, Debt|

Are You Eligible For Chapter 13 Bankruptcy?

Chapter 13 bankruptcy eligibilityOne question that we hear all the time is “can I file for Chapter 13?” Chapter 13 bankruptcy has several important restrictions. If you’re looking for a solution to your debt problems, your first step is to see whether or not you legally qualify for a Chapter 13 Bankruptcy.

Businesses Cannot File for Chapter 13 Bankruptcy.
Corporations and Partnerships cannot file under Chapter 13 Bankruptcy. On the other hand, if you own a business as a sole proprietor, you can file for Chapter 13 bankruptcy as an individual and include the business-related debts for which you are personally liable.

You Must Have Stable and Regular Income.
You must have stable and regular income to be eligible for Chapter 13 bankruptcy. That does not mean you must earn the same amount every month, just that the income is steady. In other words, your income must be likely to continue and it must be periodic – weekly, monthly, quarterly, semi-annual, seasonal or even annual. Here is a list of some types of income you can use to fund a Chapter 13 plan: (more…)

By |2013-06-24T10:00:28-05:00June 24th, 2013|Bankruptcy, Debt|

5 Reasons To File Chapter 13 Bankruptcy

reasons to file Chapter 13 bankruptcyLast week we discussed the benefits of filing Chapter 7 bankruptcy. While it has some pros, it’s not always the right fit for everybody. That’s when you look at Chapter 13 bankruptcy.

Today we’re going to explore five main reasons why people choose to file Chapter 13 bankruptcy.

1. Stop Foreclosures, Repossessions and Garnishments

The second you file Chapter 13 bankruptcy, banks and other creditors have to cease their collection efforts. That means that they can no longer foreclose on your house or repossess your vehicle.

This halt in collections can be stopped for the entire duration of the case, which can last as long as five years, whereas with a Chapter 7 bankruptcy, the creditors must only stop for a few months.

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By |2013-05-16T08:19:24-05:00May 16th, 2013|Bankruptcy, Debt, Personal Finance, Repossession|

The Benefits of Filing Chapter 7 Bankruptcy

Chapter 7 Bankruptcy benefitsFiling for Chapter 7 bankruptcy is arguably the best plan for eliminating debt. It can wash away certain types of debt for good, cleanse you of your stress and financial worries, and free up income for your family. Best of all, it can give you a fresh start to rebuild your credit.

Here’s a more complete list of what Chapter 7 can do for you:

  • Eliminate certain types of debt permanently
  • Get rid of debt stress and worry
  • Keep and protect property you want to keep
  • Get out from under debt on property you are willing to say goodbye to
  • Stop lawsuits, creditor harassment and garnishments
  • Free up income for your family
  • Get into a position to earn more money and save
  • Let you start to rebuild your credit

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By |2012-06-19T08:00:53-05:00June 19th, 2012|Bankruptcy, Texas Bankruptcy|

Busting Two Myths About Repossession

repossessionRepossession is not a fun thing. Losing your car, truck, motorcycle or boat can be embarrassing and inconvenient.

But just like anything in life that people hope to avoid, there are a few misconceptions that the general pubic has about the process of repossession.

If you find one of your vehicles in danger of being repossessed, the best weapon is knowledge. With that, you will be able to make informed decisions.

Repossession Myth #1: My vehicle can’t be repossessed until I’m at least 2 months behind on payments.

This is absolutely untrue. While bill collectors generally wait until at two or three months worth of missed payments, they can take your vehicle away if one payment is one day late.

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By |2012-04-25T08:00:38-05:00April 25th, 2012|Bankruptcy, Debt, Personal Finance, Repossession|

Fact or Fiction? If I file for bankruptcy in Texas, everyone will know.

Many people won’t even consider filing for bankruptcy because they fear that everyone they know will find out. It’s a valid concern, too. No one wants the whole world to know his or her private affairs.

That’s where we have good news. If you file for bankruptcy in Texas, the whole world won’t automatically know. (more…)

Busting the Myth That Bankruptcy Will Hurt Your Credit for 10 Years

If you’re considering filing for bankruptcy, you might want to know if what you hear is true: “I understand that filing for bankruptcy will hurt my credit for 10 years. Is it true?” For those with bad credit, the short answer is no.

“How can that be?” you might ask.

If you’re considering filing for bankruptcy or have sought out the advice of a bankruptcy attorney, your credit is most likely already down the drain. You’re in debt up to your ears and have several black marks on your credit report. If this is the case, then there’s no credit for a bankruptcy filing to hurt for the immediate future.

Plus, what really hurts your credit? Not paying your debts.

“But a bankruptcy filing stays on a credit report for up to 10 years.”

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By |2012-01-30T11:00:25-06:00January 30th, 2012|Bankruptcy, Bankruptcy Myths|
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