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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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 -
Martins v. BAC Home Loans Servicing, L.P.; Texas law does not require showing of "wet ink" original signature on promissory note Martins v. BAC Home Loans Servicing, L.P.; Texas law does not require showing of "wet ink" original signature on promissory note; "split the note" discredited -
Houston BK Court: no equity, no post-petition, pre-confirmation fees Houston Bankruptcy Judge David Jones ruled that under Bankruptcy Rule 3002.1, undersecured creditor not entitled to post-petition, pre-confirmation fees -
Houston Bankruptcy court holds that no post-petition, pre-confirmation attorney fees or costs allowed to principal residence mortgage creditor where they have under-secured claim per Rule 3002.1 In re Fuentes, US Bankruptcy Court, SD Texas 2014; no post-petition, pre-confirmation attorney fees or costs allowed to creditor where have under-secured claim -
March 2014 Client Bulletin - Sell Your Texas-Exempted Home During bankruptcy, Must Reinvest Proceeds or You Could Lose Your Equity, Says Appeals Court March 2014 Client Bulletin - 5th Circuit Frost Decision - Sell your Texas-Exempted Homestead During Bankruptcy, May Lose Your Equity if don't buy new homestead -
Matter of Frost 5th Circuit 2014: Selling Texas-exempted home during bankruptcy without new purchase can result in loss of equity. 5th Circuit Matter of Frost decision; Selling homestead during bankruptcy that was exempted under Texas law without new purchase can result in loss of equity. -
Teresa Giudice and Joe Giudice Indictment - Real Housewives of New Jersey Star indictment for federal felony charges including bankruptcy fraud and false oaths Teresa Giudice and Joe Giudice Indictment - Real Housewives of New Jersey Star indicted for federal felony charges including bankruptcy fraud and false oaths -
Law v. Siegel, U.S. Supreme Court 2014; bankruptcy court cannot surcharge exemptions as a court-ordered sanction Law v Siegel, US Supreme Court decision, bankruptcy court cannot surcharge exemptions to pay court-ordered sanctions -
U.S. Bankruptcy Chief Judge Jeff Bohm rules that chapter 13 debtors may pay off plan early and receive discharge In re Ruth, Houston bankruptcy court rules that chapter 13 debtors may pay off plan early and receive discharge -
In re Ruth, Bankr. SD Texas-Chapter 13 debtors can pay off plan early. In re Ruth, Houston chapter 13 bankruptcy debtors can pay off plan early and receive discharge -
Parent Plus Loans can be dangerous loan products for borrowers If you are considering a Parent PLUS loan to help your college student, think hard about it says NCLC in recent post -
Houston Chapter 13 can stop eviction but need to pay rent after & cure Filing chapter 13 bankruptcy can stop eviction, but you must then provide adequate protection to stop court from lifting stay, allowing eviction to go forward -
Property acquired after chapter 13 filing but pre-conversion to chapter 7 is property of chapter 7 estate if bad faith, per 11 USC Sec. 348(f)(2). In re Reeves, Bankr. SD Texas, Houston Division 2014 In re Reeves, Bankr. SD Texas, Houston 2014. Property acquired pre-conversion to chapter 7 is property of chapter 7 estate if bad faith. 11 USC Sec. 348(f)(2) -
Have you received Notice of Administrative Wage Garnishment from FMS? The Financial Management Service is part of the U.S. Department of Treasury, and among other things it manages the collection of delinquent debts owed to the US -
Wells Fargo can seek $80,000 attorney fees and costs from borrower that unsuccessfully sued them under FRCP 54(d)(2) Richardson v Wells Fargo, 5th Cir. 2014. Bank may use FRCP 54(d)(2) to seek attorney fees from borrower after final judgment against borrower. -
The automatic stay under 11 U.S.C. § 362(a) only stays proceedings brought "against the debtor." Riley v Wells Fargo, N.A., et al, US Dist Court, SD Texas Houston Division 2014 Riley v. Wells Fargo Bank, N.A., Crestmark Mortgage Company, Ltd., and Barrett Daffin Frappier Turner & Engel, L.L.P. SD Texas 2013-Debtor plaintiffs not stayed -
I have 8 payday loans. How do I get rid of my payday loans in Houston? If you cannot pay your payday loans, the collection calls can be bad. Consider filing a bankruptcy to cancel or discharge your payday loans.