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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9th Circuit rules that to except income taxes from discharge for willful attempt to evade or defeat tax, IRS must show specific intent, not just overspending Hawkins v FTB, Income taxes discharged unless specific intent to willfully evade or defeat the tax, says 9th Circuit -
5th Circuit finds "transfer" occurred when receivership order served on bank. Receiver must return money to bankruptcy trustee. Matter of Poston, 5th Circuit 2014. Turnover receiver must return preference from judgment-debtor's bank account. Transfer was when certified copy served on bank. -
Houston bankruptcy court orders Houston Collie Rescue to remove all collie dogs from possession of the debtor, strikes Schedule C as "product of fraud" Houston Bankruptcy Court order, ordering removal of all collie dogs from Elaine Kmiec and converting case to chapter 7 -
5th Circuit Court of Appeals finds $341,000 defamation judgment not discharged by bankruptcy of defendant Texas judgment for $341,000 for defamation found to not be discharged in bankruptcy as "willful and malicious injury, says 5th Circuit. McClendon v Springfield, 5th Cir. 2014 -
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