Can Filing Bankruptcy Stop Foreclosure
Generally speaking, yes. But, there are exceptions. If you qualify, filing Chapter 13 allows you to reorganize your debt and repay your mortgage arrears over time, thereby stopping the foreclosure. The automatic stay stops all collection activity immediately when your case is filed. However, if you have filed multiple bankruptcies you may not be entitled to the automatic stay which stops judicial proceedings, repossessions and foreclosures without first seeking approval from the court. Chapter 7 may temporarily stop foreclosure, but will not protect you long term from foreclosure if you do not immediately become current on your mortgage.
Collecting Debts In Spite Of Bankruptcy
Wells & Cuellar, P.C., will not waste your companys money chasing a lost cause, but we will assert your rights as a creditor under the Bankruptcy Code, and exhaust viable avenues to recover money or collateral. We position clients to maximize recovery through:
- The meeting of creditors We routinely attend the 341 hearing to formally discover the dimensions and boundaries of the bankruptcy and gather information relevant to protecting your claims.
- Assumption of executory contracts If the debtor acknowledges a continuing obligation under a contract with ongoing performance obligations on both sides, such as a commercial or equipment lease, we can seek to recover cure payment of pre-bankruptcy debt.
- Filing proof of claim Secured claims and administrative claims have priority over unsecured debts. It is critical to timely assert your rightful place in the hierarchy of claims.
- Proving fraud or malfeasance Securing extension of credit by fraud on the part of the debtor can potentially allow us to carve a particular debt out of the bankruptcy discharge. We can then hope to pursue collection and judgment outside of Bankruptcy Court.
These are just some of the strategies we sometimes employ to capture payment or collateral from commercial or consumer bankruptcies.
Free Bankruptcy Filing With Upsolve
If you donât earn much money and are struggling to pay your household expenses and your debts at the same time, you may understandably be wondering how your family is going to afford the cost of a bankruptcy attorney. If youâre ineligible to file for Chapter 7 bankruptcy and you need an attorneyâs assistance with a Chapter 13 bankruptcy case, you may be able to work out a payment plan with your attorney so that your familyâs budget isnât forced to absorb this professionalâs fees all at once. But if youâre eligible to file for bankruptcy under Chapter 7, you may not need to retain the services of an attorney at all.
Chapter 7 bankruptcy is a relatively straightforward process. Many filers benefit from an attorneyâs guidance when filing for Chapter 7, but itâs certainly possible to file on your own if you canât afford to work with a lawyer and your finances arenât unusually complex. There are many resources that low-income filers can take advantage of when preparing to file for Chapter 7 bankruptcy. Among these resources are articles and templates prepared by Upsolve. Upsolve is a non-profit dedicated to the mission of helping low-income filers prepare their Chapter 7 bankruptcy cases at little or no cost.Eligible filers may even be able to benefit from free assistance from Upsolve directly.
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Where To Turn: Should You Ask A Legal Professional
Due to the sensitive nature of a bankruptcy consideration, most people dont turn to friends or family for advice. You would be surprised how many people you know have struggled with the same debt problems, but I understand the desire to not ask friends for referrals. This is why most people reach out to the Better Business Bureau for a recommendation or simply Google Houston Bankruptcy Lawyer to find an attorney who seems trustworthy. While I am a licensed bankruptcy lawyer, let me explain how I am also much different than the average Chapter 7 or 13 option youll find online these days. Here is a little about my background which will help you understand my qualifications in offering you clear, straightforward, objective advice.
Contact A Bankruptcy Lawyer
Clients can rely on Liza Greene to be professional, approachable, responsive, efficient and effective. She responds promptly to telephone calls, reports regularly on case developments and stays on top of changes in the law. To learn more about attorney Liza A. Greene, please contact her Houston office today.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
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Top Bankruptcy Lawyers Serving Houston
You are looking for a bankruptcy attorney in Houston, Texas and probably want to find the best attorney for the most reasonable price.
When filing bankruptcy in Houston, there here are 5 attributes that we look for in bankruptcy attorneys, which are 1) Rate 2) Reviews 3) Relevance 4) Reliability, and 5) Referral. We also care about bankruptcy attorneys who offer free consultations and payment plans. See the table below for bankruptcy lawyers servicing Houston. Please note the following information is an estimate. If you’d like to understand the all-in bankruptcy cost in Houston, we built a free qualification and calculator below to estimate fees. Update the zip code if youd like to refresh the list.
Fill out your information for the local attorney. Please note that the attorney selected may not be the one which contacts you.
Houston has a estimated population of 2320268. What we found is that folks in bigger cities such as Houston or San Antonio like to often have bankruptcy lawyers who are close by. In smaller towns with a population under 20,000, some individuals actually like to hire bankruptcy lawyers far away because of potential angst about other individuals finding out about the bankruptcy hiring.
This is why we built the zip code updater, so you can update the zip code to where youd like to hire a bankruptcy attorney, which potentially might not be in Houston.
Meeting Chapter 7 Requirements
Those considering a Chapter 7 filing must qualify through a means test to determine if they have the means to pay their creditors. Anyone filing Chapter 7 must either fall below the states median income for families or qualify under the means test. In Texas, that median income currently ranges from $50,902 for a single person to $86,259 for a family of four.
This income is calculated from six months of income earned immediately before filing. Anyone above the median income may still be able to file a Chapter 7 but must qualify under strict guidelines based on IRS standards. This is one of the many reasons to seek guidance from an experienced attorney who can guide you through the process.
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How Can You Check If A Texas Attorney Has Been Disciplined In The Past
The State Bar of Texas keeps Texas Disciplinary Rules of Professional Conduct records of violations or grievances against attorneys in the state. You can use the search tool on the state bar website to check an attorney’s public disciplinary history. The state bar search results should show the lawyer’s disciplinary history in Texas and other states.
The Decision To File For Bankruptcy
If you find yourself facing foreclosure, repossession, lawsuits, tax problems, or overwhelming credit card debt, it is time to seek professional guidance. For various reasons, people often wait too long before looking for help with their financial struggles and in some instances do not realize they are facing a financial crisis until it is too late. Signs that you are sinking into a financial crisis include missing house, car or credit card payments, robbing Peter to pay Paul, doing balance transfers to be able to pay off credit card debt, borrowing from your retirement plan, taking equity out of your homestead to service debt, taking out payday or title loans or simply running out of money before you run out of month.
If you are considering bankruptcy, board-certified bankruptcy attorney Vicky Fealy* will meet with you personally for a confidential discussion about your situation. She delivers the highest quality legal services with compassion and skill. It is her firm belief that her duty is to inform you of your legal rights and options in the most caring, straightforward manner possible.
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Full Disclosure Of Assets And Debts
In order to take advantage of the federal bankruptcy laws, you must completely disclose all your assets and debts. Your assets are things that consist of real property such as your home and personal property such as cars, stocks, recreational vehicles, financial accounts and other personal possessions. Debts include mortgages, loans, student loans, credit cards, domestic support obligations and other debts. Our attorneys will assist you in filling out the required information concerning your assets and debts. You can be assured that our bankruptcy attorneys will help you every step of the way.
When your assets and debts are fully disclosed our attorneys will help maximize the amount of property you may keep and help you achieve a maximum discharge of debt allowed under the bankruptcy code.
Failure to fully disclose your assets and debts may affect the outcome of your bankruptcy case and expose you to criminal prosecution.
Houstons Premier Bankruptcy Attorneys Are Here For You
You have struggled enough. Now its time to overcome debt and start living your life without the stress. You want an attorney with a proven record of success so you can have the peace of mind that you will be able to get out of debt once and for all. You will find that attorney at the Houston law office of Christopher Todd Morrison, P.C..
We have helped over 5,000 Texans get out of debt and move forward with their lives. This is what we do every day, and we have proven that we do it well. We can help you too.
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Fresh Start: Discharging Debt With Chapter 7 Bankruptcy
Chapter 7 is sometimes referred to as straight bankruptcy or liquidation. This is because, depending on your specific situation, a Chapter 7 discharges or wipes out all your unsecured debt in exchange for a liquidation of all your nonexempt property. Most people who file a Chapter 7 bankruptcy do not have nonexempt property to liquidate. Chapter 7 is a useful tool for consumers or corporations seeking to get a fresh start from unsecured debt. If you do not qualify for Chapter 7, Chapter 13 is a common alternative.
Specifically, Chapter 7 is effective in dealing with:
When bankruptcy is filed, an automatic stay is placed on all debts. This means creditors cannot seek payment during the process must stop all collection activity, including lawsuits and may not contact the debtor. Once the case is successfully completed, all dischargeable debts are discharged forever.
Reasons People Seek Out A Houston Bankruptcy Lawyer
Our nation is experiencing one of the worst economys the US has seen in recent history. The number of Chapter 7 and Chapter 13 bankruptcies have risen sharply as a result. The tough economy has resulted in job losses, and during these interruptions its common for good, hardworking people to find themselves turning to debt to keep their households or businesses afloat. In other cases a medical situation has decimated savings, and unforeseen medical bills have reached a point where paying them back is a hopeless endeavor. Even still, I observe people who needed to take job positions that are far below their skill level and pay grade due to the job market constraints. This has made maintaining their previous standard of living very difficult. Despite their ability to tighten their expenses and cut back where they can, their bills just keep rising. Child expenses continue to be required, and an unforeseen need like home or auto repairs can send credit card balances to levels that they just cant afford to pay back. My clients who are in situations similar to this are faced with very difficult choices. This is why people begin Googleing Houston bankruptcy attorney, in hopes of finding answers to challenging decisions.
Bankruptcy Law In Houston Texas
If you are currently facing a large amount of debt, know that your situation is not uncommon. In addition, it is not unusual to be confused about who to turn to for support or to have questions about the best way to handle your debt. If this sounds like you, you likely require a qualified bankruptcy lawyer to assist you. Our skilled bankruptcy lawyer at Jack N. Fuerst, Attorney at Law, in Houston, TX, has served consumers and businesses in the area with filing for bankruptcy and bankruptcy protection since 1981.
When it comes to bankruptcy law in Texas, there are various procedures for bankruptcy depending on your situation and needs. The multiple procedures for bankruptcy are known as chapters. Among the most common chapters of bankruptcy is chapter 7, chapter 11, and chapter 13. Of course, there are also other bankruptcy procedures, and all warrant an attorney consultation. However, each of these has one thing in common. Chapter 7, 11, and 13 bankruptcies all impact credit score and may not completely wipe away your debt. This makes these three specific bankruptcy processes tricky for those unrepresented by a bankruptcy lawyer. However, they may still be your best course of action. Thus, it is essential to the success of your plan to consult with an attorney to navigate this complex process with expertise.
We Like Bankruptcy Litigation
Most Houston bankruptcy lawyers do not like litigation. Bankruptcy litigation is the process of resolving disputed legal issues in court. Most lawyers in Houston will refuse to participate in complex legal disputes that arise in bankruptcy cases, such as discharge contests, preference claim defense, fraudulent conveyances, exemption contests, mortgage disputes and automatic stay violations. Although most bankruptcy professionals dislike litigation, we enjoy the challenge involved in handling contested disputes. We will be happy to offer a second opinion and represent both debtors and creditors in litigation matters which your current lawyer may not desire or be competent to handle. We also take referrals of bankruptcy litigation cases from local attorneys that do not like or have experience handling litigation.
Our Goal: Provide Competent, Efficient and Aggressive Representation at a Reasonable Price
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Free Consultations Available Contact Us Today
If you or your business in Texas needs the assistance of an experienced and board-certified bankruptcy attorney, contact Vicky Fealy* atThe Fealy Law Firm, PC, today. She will use her more than 25 years of experience to answer questions and provide guidance that will ensure you are taking the right steps toward debt relief. Call her Houston office at or complete this contact form to schedule your free consultation.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
How Do Free Bankruptcy Lawyer Consultations Work In Houston
Free bankruptcy consultations are designed to help you know whether bankruptcy is the best option for you. Because you are in financial hardship, many bankruptcy attorneys offer this service to alleviate the burden of another financial expense.
You can ask questions related to bankruptcy, and you can also get an estimate of what the bankruptcy lawyer fee will be in Houston. You can also get multiple opinions via free bankruptcy consultations if you didnt jive with the attorney or you would like to discuss both types and qualification with another attorney.
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Full Production Of Documents
Disclosing your assets and liabilities also requires documentation to support your claims. This documentation is collected before your case is filed. Our attorneys will identify for you what documents you will need to collect by providing a thorough checklist. In addition, you must produce your previous four years tax returns. If you do not have these records with you, our attorneys have the IRS contact information you need to obtain the necessary transcripts.
Recovering Debts From The Jaws Of Bankruptcy
When a debtor files for bankruptcy, it is one of the most challenging obstacles your business will face. Once a Bankruptcy Court discharges a debt or folds it into an approved reorganization plan, it disappears forever into that black hole. The only recourse is to challenge the debtors basis for bankruptcy protection, assert priority status over other creditors in the queue, or apply the limited strategies available to collect in spite of the bankruptcy.
The law firm of Wells & Cuellar, P.C., offers demonstrated results in debt collection and creditors rights in bankruptcy. We represent lenders, energy traders and businesses in Houston, Beaumont, Dallas, Austin, San Antonio and throughout Texas, and are available for consultation or special appearances in Bankruptcy Courts throughout the United States.
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How Should I Choose A Bankruptcy Attorney
Outside of deciding whether or not to file bankruptcy, this is perhaps the most important decision you make in the bankruptcy process. You must feel comfortable with the attorney and firm you hire to represent you. Some of the things you should consider:
- Does the attorney clearly explain your options and the law?
- Does the attorney spend enough time with you to answer all of your questions?
- Does the attorney give you candid advice including whether bankruptcy is your best option?
- Does the attorney communicate the pros and cons of filing bankruptcy?
- Is the attorney Board Certified in Bankruptcy by the Texas Board of Legal Specialization?
- After reviewing your specific circumstances, does the attorney fully explain what your attorney fees and court costs will be?
- Is your consultation with an attorney and not a paralegal?
- Is the attorney experienced in bankruptcy law?
- Does the attorney stay current on recent changes and developments in bankruptcy law?