Foreclosure in Texas Archives - Rubin & Associates

What is the automatic stay?

When you are struggling with overwhelming debt, the pressure can feel relentless — calls from creditors, letters demanding payment, even the threat of foreclosure or repossession. But filing for bankruptcy can offer powerful relief, and one of the most immediate and impactful tools it provides is the automatic stay.

The automatic stay is a legal provision that instantly goes into effect the moment you file for bankruptcy. It’s a court-ordered injunction that stops most collection efforts in their tracks, giving you the breathing room you need to get your finances under control. (more…)

By Mark Rubin|2025-03-28T09:08:15-05:00March 28th, 2025|Bankruptcy, Debt, Financial, Foreclosure in Texas, Repossession, Taxes, Texas Bankruptcy|

Can you file for bankruptcy during a divorce?

One of the most common questions about bankruptcy is, “Can you file for bankruptcy during a divorce?” The short answer is yes, but there are several considerations to take into account before moving forward with both legal processes simultaneously. Understanding the potential advantages and complications can help you determine the best course of action for your financial future.

Bankruptcy and divorce: two separate legal processes

Bankruptcy and divorce are both complex legal matters, and while they may overlap in certain areas, they remain distinct processes. Bankruptcy is a federal legal procedure designed to help individuals eliminate or restructure debt, while divorce is a state-level legal process that involves the division of assets, liabilities, and determining responsibilities such as spousal or child support. (more…)

By Mark Rubin|2025-03-03T16:14:39-06:00March 3rd, 2025|Bankruptcy, Bankruptcy Myths, Debt, Financial, Foreclosure in Texas, Personal Finance, Repossession, Taxes, Texas Bankruptcy, Videos|

Is there an income limit to file for bankruptcy?

Financial struggles are more common that most people think – most Dallas-area residents are only one financial bump in the road away from out of control debt. One of the most common questions we hear in initial consultations with clients is if there is an income limit to file for bankruptcy. One of the most common misconceptions about bankruptcy is that it is only available to people with very low incomes. This simply is not true. Whether you are earning a modest salary or have a high-paying job, bankruptcy can still be a viable option for getting your finances back on track. (more…)

By Mark Rubin|2024-11-30T20:14:40-06:00November 30th, 2024|Bankruptcy, Bankruptcy Myths, Debt, Financial, Foreclosure in Texas, Money Management, Personal Finance|

Can you keep your property in a Chapter 7 bankruptcy?

Filing for bankruptcy can be a stressful and emotional experience, especially when it comes to wondering whether you will be able to keep your property and belongings. “Can I keep my stuff in a Chapter 7 bankruptcy?” is one of the most common questions when considering a bankruptcy proceeding. To understand the answer, it is important to understand the difference between exempt and non-exempt property under Texas bankruptcy law.

Understanding exempt and non-exempt property in Texas

When you file for Chapter 7 bankruptcy, a trustee is appointed to your case to liquidate your non-exempt assets to pay off your creditors. However, you do not have to lose everything – and often, you will not lose anything. Texas, like every other state, allows debtors to protect certain types of property using bankruptcy exemptions. The key is understanding what property is classified as “exempt” and what is “non-exempt.” (more…)

By Mark Rubin|2024-09-13T09:35:59-05:00September 13th, 2024|Bankruptcy, Bankruptcy Myths, Debt, Foreclosure in Texas, Repossession, Texas Bankruptcy, Videos|

Which rights do you have during a foreclosure?

With foreclosures in the Dallas area on the rise, we are hearing more and more questions about the rights that homeowners have during the foreclosure process. Foreclosure is obviously a challenging and confusing time, and understanding your rights is crucial for navigating the process effectively. Since we know more people are searching for these answers, I wanted to outline the key rights you have as a homeowner in Texas during foreclosure.

Right to Notice

Notice Before Acceleration: In Texas, before your lender can accelerate your loan (demand the full balance), they must provide you with a notice that gives you at least 20 days to “cure the default” (the official term for paying off the overdue amount and late fees). (more…)

By Mark Rubin|2024-01-18T09:20:09-06:00January 18th, 2024|Bankruptcy, Debt, Foreclosure in Texas, Personal Finance, Texas Bankruptcy|

How Foreclosure Works In Texas
How Foreclosure Works In Texas

Foreclosure in Texas

How Foreclosure Works In Texas

Nobody wants to think about their home getting foreclosed, but it happens. If you’re getting behind on your mortgage payments or fear you might in the future, then you need to be proactive and learn how foreclosures work in Texas and how to stop foreclosure from happening to you. (more…)

By Mark Rubin|2012-02-16T08:00:20-06:00February 16th, 2012|Foreclosure in Texas|