It never hurts to learn about the laws behind debt-related issues and how they affect you. We write our articles keeping your most important questions in mind and hope you will find their content useful in your quest for financial independence. Read about Chapter 13 bankruptcy and credit card debt relief in Texas here.
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In a chapter 13 bankruptrcy, notices of post-petition fees, charges or expenses under Bankruptcy Rule 3002.1 must be filed wthin 180 days of when the legal obigation to pay the debt arises, not when the debt is invoiced. In re Raygoza, US Bankruptcy Court, SD Texas 2016. Under Bankruptcy Rule 3002.1, notice of post-petition fees, charges or expenses must be filed wthin 180 days of when the legal obigation to pay the debt arises. -
Galaz v Katona, 5th Cir. 2016 Galaz’s suit in state court is arguably a violation of Katona’s discharge rights, directly implicating the bankruptcy court’s “arising under” jurisdiction. Galaz v Katona The court concluded that Galaz’s suit in state court is arguably a violation of Katona’s discharge rights, directly implicating the bankruptcy court’s “arising under” jurisdiction; the bankruptcy court’s interpretation of the 2011 Settlement Agreement is determinative of Katona’s claim, and the bankruptcy court’s order was within its statutory authority; the bankruptcy court did not abuse its discretion in refusing to abstain because the proceeding at issue is “core” under 28 U.S.C. 157(b); Galaz’s claims are barred by res judicata, compromise and settlement, and accord and satisfaction/ -
5th Circuit holds that defendant not liable because of existence of affirmative defense to Texas Construction Trust Fund Act. Monaco v TAG Investments Ltd, 5th Cir. 2016 Texas Construction Trust Fund Act ("CTFA") Texas Property Code Sec. 162.001; Monaco v TAG Investments Ltd, 5th Cir. 2016 -
5th Circuit holds that all payments to creditors are "under the plan" for chapter 13 discharge purposes. In re Kessler, 5th Cir. 2016 In re Kessler (5th Cir. 2016) Fifth Circuit Court of Appeals held that even direct payments by debtors are "under" the chapter 13 plan. No discharge if all payments not completed as required by plan. -
September 2016 Newsletter - Don't Fall for Recent "I.R.S." or Other Common Scams September 2016 Newsletter - Don't Fall for Recent "I.R.S." or Other Common Scams - Houston, Texas -
Houston, Texas U.S. District Court: I.R.A.'s claimed as exempt in bankruptcy under Texas exemptions can be seized unless rolled over after distribution during bankruptcy. Houston U.S. District Court affirms In re Hawk. I.R.A.'s claimed as exempt in bankruptcy under Texas exemptions can be seized unless rolled over after distribution. -
August 2016 Newsletter - Planning Vacation or Trip? I'm Sold on Airbnb and Uber! August 2016 Newsletter - Planning Vacation or Trip? I'm Sold on Airbnb and Uber! Houston, Texas -
July 2016 Newsletter - Changes to Reverse Mortgage Rules - Is A Reverse Mortgage Right for You? July 2016 Newsletter - Changes to Reverse Mortgage Rules - Is A Reverse Mortgage Right for You? Houston, Texas -
May 2016 Newsletter - Checked for Recalls on Your Vehicle Lately? Not Doing It Could Cost You Your Life! May 2016 Newsletter - Checked for Recalls on Your Vehicle Lately? Not Doing It Could Cost You Your Life! Houston, Texas -
Required Debtor Education Courses Decaf Your DECAF Required Debtor Education Courses for your Houston, Texas bankruptcy -
April 2016 Client Newsletter - Should You File Your Tax Return or Wait Until You Have the Money to Pay It? April 2016 Client Newsletter - Should You File Your I.R.S. Tax Return or Wait Until You Have the Money to Pay It? -
Houston Bankruptcy Court holds that chapter 7 trustee's law firm attempted to charge for trustee services, cut requested fees by nearly two-thirds. In re King, U.S. Bankruptcy Court S.D. Texas 2016. In re King, U.S. Bankruptcy Court S.D. Texas 2016. Houston bankruptcy Judge Jeffrey Bohm holds that chapter 7 trustee's law firm attempted to charge for trustee services, reduced requested fees by 2/3. -
February 2016 Newsletter - In Chapter 13 and Car or Truck Conked Out? Come See Us Before You Do Anything! February 2016 Newsletter - In Chapter 13 and Car or Truck Conked Out? Come See Us Before You Do Anything! Houston, Texas bankruptcy law office -
Fifth Circuit Court of Appeals holds that courts have broad authority to determine what is cause for dismissal under Section 707(a) of the Bankruptcy Code. Krueger v Torres, 5th Circuit 2016. A bankruptcy debtor's bad faith in the bankruptcy process can serve as the basis of dismissal "for cause" even if the bad faith conduct is arguably encompassed by other provisions of the Bankruptcy Code. 11 USC 707(a)