“Article I, Section 8, of the United States Constitution authorizes Congress to enact “uniform Laws on the subject of Bankruptcies.” Under this grant of authority, Congress enacted the “Bankruptcy Code” in 1978. The Bankruptcy Code, which is codified as title 11 of the United States Code, has been amended several times since its enactment. It […]
Bankruptcy Basics From The U.S. Courts Read More »
First and foremost in most people’s minds is they want peace of mind. Yes, the filing of a bankruptcy case will stop the creditors’ harassment. If creditors continue harassing the debtor after his or her bankruptcy case is filed, the creditor can be sued in bankruptcy court for money damages. Most good people need to
Why File Chapter 13? Does Filing Bankruptcy Stop The Harassment? Read More »
This article is limited to a cram down of an automobile, such as a car or truck in a Chapter 13 bankruptcy case. The Bankruptcy Code in its current version has at least two statutes for Chapter 13 cram downs. The first statute is 11 U.S.C. Section 506. This section allows the debtor to repay
Cram Down In A New Light: What Does It Mean Under The New Law? Read More »
By North East Texas Bankruptcy Attorney Brian Allen. Bankruptcy law allows a debtor, who is unable to pay his creditors, to file for bankruptcy protection to stop creditors from collecting from the debtor and the debtor’s property (foreclosure, repossessions). Chapter 11, 12, and 13 provide for the development of a plan that allows the debtor
HOW SENATE BILL 61 WOULD SAVE HOMES FROM FORECLOSURE AT NO COST TO TAXPAYERS How big is the home foreclosure problem now? Our country is facing a foreclosure crisis that is unprecedented. Home mortgage payments have risen dramatically in the last few years, making it impossible for more and more homeowners to afford to keep
HOW SENATE BILL 61 WOULD SAVE HOMES FROM FORECLOSURE AT NO COST TO TAXPAYERS Read More »
Stop whatever you are doing, gather staff, family, and friends, and take the one minute needed to have everyone you know do the following: Phone AND email your Senator. Say: “Hi, I’m [Name] and I live in [town] I’m calling to urge Senator ___ to vote for S. 61. Senator ____ should stand up to
PLEASE CALL & EMAIL YOUR SENATORS NOW TO SUPPORT S. 61 SAVE OUR HOMES FROM THE BANKS Read More »
This foreclosure solution costs taxpayers NOTHING. Over 6,600 American families a day are losing their homes to foreclosure. In the next five years, over 8,000,000 American family homes will be lost to foreclosure, unless we do something now. If we don’t, the value of all of our homes will keep going down and our neighborhoods
Yes! The Bankruptcy Code requires that you include all debts you owe as of the date of filing your bankruptcy case. All debts include past due amounts you owe to the local phone company, electric company, cable company, etc. Your phone, cable, water, and electric company cannot discriminate against you either only because you filed
Can You Include Past Due Utility Bills In Your Bankruptcy? Read More »
In the Eastern District Bankruptcy Courts, the local rules allow an attorney’s fee up to $3,500 for a chapter 13 reorganization bankruptcy, unless the attorney files an application with the Court for more attorney’s fees. If an attorney files a written application for more than $3,500, then the Court must give its written approval of
How Much Does It Cost To File A Chapter 13 Or Chapter 7 Bankruptcy Read More »
In my years of representing debtors in bankruptcy, the greatest relief a debtor receives immediately when filing a Chapter 13 Bankruptcy Petition is creditors must stop ALL attempts to collect debts from the debtors and their property. ANY attempt to collect a debt owed before filing the Bankruptcy Petition isautomatically stayed under the Bankruptcy Code.
What Does The Filing Of A Bankruptcy Petition Do? Read More »
