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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Houston bankruptcy court will not reopen case to allow reaffirmation In Houston area, bankruptcy courts will not reopen a chapter 7 bankruptcy case to vacate the discharge to allow the filing of Reaffirmation Agreements -
Houston Bankruptcy Judge Bohm rules that I.R.A. distribution during a bankruptcy not exempt under Texas law, if not rolled over within 60 days. In re Hawk; Houston Bankruptcy Judge Bohm rules that I.R.A. distributions can be reached during a bankruptcy if debtor claims exempt under Texas law and doesn't roll it over within 60 days -
Try to hold onto too big a house, not paying creditors, can lead to dismissal of your Houston chapter 7 bankruptcy case, based on "totality of circumstances." In re Hayes, US BK Court, SD Texas 2015 Judge Letitia Paul dismissed a Houston chapter 7 case based on the "totality of circumstances" test contained in 11 USC Sec. 707(b)(3); big house was factor -
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 -
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. -
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 -
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) -
Defamation damages not discharged in chapter 7 if done with malice, pursuant to 11 USC Section 523(a)(6). In re Memon, Bankr. Court, SD Texas 2014 IN RE MEMON, Bankr. Court, SD Texas 2014. Defamation damages not discharged in chapter 7 if caused by malice, 11 USC Section 523(a)(6) -
Defamation with malice not discharged in Houston chapter 7 bankruptcy Houston bankruptcy court rules that false, defamatory statements made with malice not discharged in chapter 7 bankruptcy -
Pay down of $240,000 towards Magnolia, Texas homestead mortgage before filing bankruptcy not done with "intent to hinder, delay or defraud" creditors, says Houston Bankruptcy Court Pay down of Texas homestead mortgage within 10 years with intent to defraud creditors, can result in loss of value paid down. In re Love-Baker 11 USC Sec 522(o) -
What to do if you filed bankruptcy but merchants won't accept checks? Telecheck needs to be notified if you file bankruptcy and you have overdrafted accounts or checks. -
Running v. Miller, 8th Cir. BAP 2013; a $236,000 annuity owned by chapter 7 debtor qualified as an "individual retirement annuity" under Section 408(b) of the Internal Revenue Code and was, therefore, exempt under Section 522(b)(3)(C) of the Bankruptcy Code. A $236,000 annuity owned by debtor qualified as an "individual retirement annuity" under Section 408(b) of the Internal Revenue Code and was therefore exempt. -
If you can't pay your bills-what do you do? Filing bankruptcy can help filing bankruptcy in Houston can get rid of most or all of your bills -
Chapter 7 Debtors Must Cooperate With Their Trustees, and Turn Over Requested Financial Information - In re Moran, Bankr. SD TX 2013 A Houston Chapter 7 bankruptcy Debtor was ordered to pay his trustee over $2000 in legal fees and expenses, for bad faith conduct in not turning over documents -
401(k) Retirement Plan Proceeds in Bank Account Ruled Non-Exempt in Chapter 7 Case, By Houston Texas Bankruptcy Court Social security benefits are exempt whether received or not, but not 401(k) benefits; chapter 7 bankruptcy trustee can take them if they are in bank account -
Manvel Bankruptcy Debtors Didn't Disclose Transfers of Property, So Galveston Bankruptcy Court Denies Their Chapter 7 Discharge You must disclose all property and all transfers of property when you file a chapter 7 bankruptcy case, or you could have your discharge denied -
6th Circuit Court of Appeals Rules that IRA's Are Safe From Bankruptcy Trustee, Even if Debtor Signed Pledge Agreement IRA's or Individual Retirement Accounts are not subject to seizure by bankruptcy trustee, even if pledged, at least so long as debtor borrowed no money -
Daley v. Mostoller, 6th Cir. 2013 - IRA's Are Exempt From Bankruptcy Trustee, Even If Pledged, so long as no actual loan made IRA's are generally exempt from bankruptcy trustees and cannot be seized to pay debts, even if the debtor did sign a pledge agreement so long as didn't borrow -
What Happens To My Frequent Flier Miles and Credit Card Reward Points When I file Bankruptcy? bankruptcy frequent flyer miles reward points