Texas Bankruptcy 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|

Do I qualify for bankruptcy?

If you are asking yourself, “Do I qualify for bankruptcy?” you are not alone. Many individuals and families in the Dallas, Texas area find themselves overwhelmed by debt and are unsure whether bankruptcy is a viable option. As a bankruptcy attorney, I can assure you that everyone qualifies for bankruptcy relief. The real question is not whether you qualify, but rather which type of bankruptcy — Chapter 7 or Chapter 13 — is the best fit for your financial situation. In this post, I am going to explain the differences and help you understand how the bankruptcy process works. (more…)

By Mark Rubin|2025-01-22T09:52:59-06:00December 31st, 2024|Bankruptcy, Bankruptcy Myths, Debt, Texas Bankruptcy|

Will everyone know if I file for bankruptcy?

Filing for bankruptcy is a big decision, and one of the most common concerns is whether friends or family will know about it. The thought of others finding out can lead to feelings of embarrassment, stress, and uncertainty. At Rubin & Associates, we want you to understand the bankruptcy process fully and feel assured that there is no shame in seeking financial relief.

Bankruptcy records are public, but not easily accessible

Yes, bankruptcy filings are technically public records. However, this does not mean that your friends, family members, or neighbors will automatically know about it. For someone to access bankruptcy records, they would need to perform a specific search through online databases or government websites – and they would need to specifically search for your name. Most people do not spend their time searching for this information, and there is very little chance anyone will stumble upon it by accident. (more…)

By Mark Rubin|2024-12-17T08:58:13-06:00December 17th, 2024|Bankruptcy, Bankruptcy Myths, Debt, Texas Bankruptcy|

What is the difference between bankruptcy and debt relief?

If you are facing overwhelming debt, you likely feel like you have limited options – and you are not sure whether bankruptcy or debt relief companies are the right solution. While both paths appear to aim to help manage or eliminate debt, they are vastly different in terms of effectiveness, legal protection, and long-term outcomes. Bankruptcy is a legal process governed by federal law, providing significant protections for individuals, while debt relief companies often operate in a much more informal and less regulated environment. It is important to understand the key differences between bankruptcy and debt relief companies, so today’s post will walk you through each site and explain how they are different. (more…)

By Mark Rubin|2024-10-17T00:22:45-05:00October 16th, 2024|Bankruptcy, Bankruptcy Myths, Debt, Texas Bankruptcy, Videos|

What is the difference between Chapter 7 and Chapter 13 bankruptcy?

When individuals or families find themselves overwhelmed with debt and unable to meet their financial obligations, bankruptcy can provide a legal avenue for debt relief – and a fresh start. The two most common forms of personal bankruptcy in the United States are Chapter 7 and Chapter 13 bankruptcy. While both options are designed to help individuals manage or eliminate their debts, they differ significantly in terms of process, qualifications, and outcomes. (more…)

By Greg Gifford|2025-03-03T10:44:34-06:00September 25th, 2024|Bankruptcy, Debt, Financial, Personal Finance, Texas Bankruptcy|

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 to choose the right bankruptcy lawyer

If you’re struggling with overwhelming debt and considering bankruptcy, the biggest question in your mind is probably “Which bankruptcy lawyer should I go to?” It’s one of the most important decisions to make – filing bankruptcy will have a significant impact on your life. Bankruptcy law is very complex, with many twists and turns, and traps for the unwary. If you need to file bankruptcy, choosing the right lawyer is critical.

The simple truth is that a more experienced attorney will do a better job, which means getting you the most benefit from filing and avoiding the mistakes that someone less experienced is bound to make.

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By Mark Rubin|2024-11-01T15:15:01-05:00October 30th, 2023|Bankruptcy, Texas Bankruptcy|

Why do people delay filing for bankruptcy?

Whether we are in a recession or not, it is not easy to earn enough to live comfortably in today’s world. You would be surprised to learn how many Dallas-area residents struggle on a monthly basis to simply make ends meed. Adding children or additional vehicle payments to the mix make a difficult situation even tougher. All it takes is one unexpected expense to send finances (and debt) spinning out of control.

Sure, many families put money aside for unexpected expenses, they rarely have enough to cover for whatever might happen. Whether it’s an accident, the sudden loss of a job, an illness, or even a natural disaster, it does not take much to deplete any savings. Before long at all, bills start to pile up and debt starts to grow to uncontrollable levels. (more…)

By Mark Rubin|2023-08-31T17:29:34-05:00August 31st, 2023|Bankruptcy, Debt, Financial, Money Management, Personal Finance, Texas Bankruptcy|