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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Sell Texas homestead while in chapter 7 bankruptcy and using Texas exemptions, must reinvest the proceeds in new homestead within 6 months, or risk losing the proceeds to the Chapter 7 Trustee. Cage v Smith, US BK Court, SD Texas 2014. Cage v. Smith case by Chief U.S. Bankruptcy Judge Jeff Bohm; Sell Texas homestead while in chapter 7, may lose proceeds. Bankruptcy must be closed before safe to sell home without reinvesting. -
August 2014 Client Bulletin - 11th Circuit Rules Debt Buyers that file time-barred proofs of claim violate FDCPA & Attorney Alex Higginbotham married Jennifer Vaughn! August 2014 Client Bulletin - 11th Circuit Rules Debt Buyers that file time-barred proofs of claim violate FDCPA -
Houston Appeals Court: judicial estoppel bars lawsuit if not disclosed in prior chapter 13 bankruptcy; Thomas v. Ginter, Texas Court of Appeals, 1st District, Houston 2014 Thomas v. Ginter, Texas Court of Appeals, 1st District, Houston 2014: judicial estoppel bars suit if not disclosed in prior chapter 13 bankruptcy -
Thomas v Ginter - Judicial Estoppel bars suit if no disclosure in bankruptcy Thomas v Ginter Tex Ct Appeals Houston 2014 - Judicial Estoppel bars suit if didn't disclose it in chapter 13 bankruptcy -
Viegelahn v Harris, 5th Circuit 2014: undistributed funds held by chapter 13 trustee go to chapter 13 creditors if debtor converts to chapter 7 after confirmation of chapter 13 plan Viegelahn v Harris, 5th Circuit 2014: undistributed funds go to creditors if debtor converts to chapter 7 after confirmation of chapter 13 plan -
Viegelahn v Harris, 5th Circuit: funds go to creditors if debtor converts to 7 after confirmation of chapter 13 plan 5th Circuit rules that if chapter 13 debtor converts to chapter 7 after confirmation of chapter 13 plan, all undistributed funds should be distributed to creditors in chapter 13 -
Hire a local bankruptcy attorney if you need help filing bankruptcy in the Houston or Galveston, Texas area. Using an attorney or "petition preparer" from out of state or over the internet is risky and could be disastrous. In re Curtis Bay, Bankr. SD Texas 2014. Galveston, Texas bankruptcy court issues fine and injunction to stop bankruptcy petition preparers, filing of improper papers -
Inherited IRA's not safe from creditors in bankruptcy under federal law, says U.S. Supreme Court. Clark v Rameker. Clark v Rameker, U.S. Supreme Court 2014. Inherited IRA's not exempt under federal exemptions in bankruptcy. -
Houston bankruptcy court: $3 Million in delinquent Texas sales taxes can't be charged to new company just because same people owned previous, failed company Houston bankruptcy court rules in chapter 11 bankruptcy case: Texas Comptroller of Public Accounts can't stick entirely new company with $3 Million owed by previous company just because same owners -
Houston bankruptcy court rules 3 parcel rural homestead of 37 acres all safe, can't be seized by judgment creditor In re Ling - Houston chapter 7 bankruptcy case: Rural Texas homesteads can be in more than one parcel of land and be exempt from the claims of creditors -
Supreme Court of Texas: Home equity loans may be modified, so long as doesn't satisfy and replace old note, or additional debt incurred. Sims v. Carrington Mortgage Service, LLC Sims v. Carrington Mortgage Service, LLC. Texas Supreme Court: Loan modifications of home equity loans are permissible under Texas Constitution. -
Deutsche Bank Trust Company looses mortgage because time-barred; can't unilaterally rescind acceleration of mortgage after homeowner relies on acceleration Callan v Deutsche Bank Trust Company: Bank can't unilaterally rescind acceleration to avoid loss of mortgage after detrimental reliance by homeowner -
Ramirez v. Mr. Transmission; Repo'd Houston Truck Must Be Returned After Chapter 13 Filed Repossessed Houston Truck Must Be Returned After Chapter 13 Filed, and if it was damaged while the recovery company had it, they are liable to pay for damages -
May 2014 Client Bulletin - In re Reeves - Chapter 13 Debtors Must Amend Schedules During Case for Changes May 2014 - In re Reeves - Chapter 13 Debtors Must Amend Schedules During Case for Changes -
April 2014 Client Bulletin - Own Real Estate in Harris County, Texas? Better Be Sitting Down When You Open Your Tax Appraisal! April 2014 - Own Real Estate in Harris County, Texas? Better Be Sitting Down When You Open Your Tax Appraisal! -
5th Circuit Court holds case filed late, FCRA case for impermissible credit pull time-barred if not filed within 2 years of discovery 5th Circuit Court: Must sue under FCRA for impermissible credit pull within 2 years of discovery, or case is time-barred. Mack v. Equable Ascent Financial, 2014 -
5th Cir: Matter of Kim case holds that a non-debtor spouse in Texas can lose their homestead rights in their spouse's bankruptcy filing per 11 U.S.C. Sec. 522(p) In the Matter of Kim, 5th Cir. 2014; non-debtor spouse in Texas can lose homestead rights in spouse's bankruptcy filing per 11 U.S.C. Sec. 522(p) -
Martins v. BAC Home Loans Servicing, 5th Cir.- No "Wet Ink" signature Martins v. BAC Home Loans Servicing, 5th Cir., 2013- No "Wet Ink" signature required on mortgage note under Texas law; also "split the note" theory discredited