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Texas Bankruptcy Law FAQs

Texas Bankruptcy Law FAQs

Frequently Asked Questions About Bankruptcy

See below a list of our most frequently asked questions. For further information, contact us today or call us at 713-364-0332 and we will be more than glad to assist you. 

What is Home Foreclosure

Foreclosure involves a lawsuit in which a mortgage company, bank, or other lienholder seeks to take your property to satisfy a debt. The lender can actually take ownership of the property or have the property sold to pay off the debt. As a result of the foreclosure, as the owner, you lose whatever rights you had in the property. In other words, foreclosure is a process in which your home becomes the property of the lender.

How to Stop a Foreclosure? 

If you as a homeowner fail to pay your mortgage loan on time, the lender that holds the mortgage on your house can bring a foreclosure against you. A foreclosure can also occur if you borrow money from a bank using your house as collateral and failure to pay. Foreclosure lawyers can help aid you in these types of situations.

How We Can Help in Your Credit Card Debt

According to a report issued by the Consumer Financial Protection Bureau in December 2014, about 43 million Americans have delinquent medical debt on their credit reports.2 This is about 1 in 5 credit reports. There is little doubt that unpaid medical bills are a major problem for Americans.There are legitimate conflicts for all parties. The medical profession should be lauded for providing medical care to people who do not have cash available to pay in advance.  Every American should have access to needed medical care. Medical practitioners, including doctors, nurses, technicians, and the pharmaceutical industry need to earn fair compensation for their services. 

How We Can Help in Your Credit Card Debt? 

As authorized by the United States Constitution, Congress has enacted bankruptcy laws that apply to citizens of the United States. If a citizen is not able to pay all of the medical bills of the family, it is likely that other bills are also not being paid. In such circumstances, it is important to talk to a qualified consumer bankruptcy attorney, to identify your rights under the bankruptcy laws established by Congress and to discuss available options. While the amount of each pay check may be limited by applicable law, garnishments generally disrupt cash available to the garnishee (the person whose wages are garnished). A Chapter 7 bankruptcy or a Chapter 13 reorganization may be effective to stop or limit garnishments. A dischargeable debt may be limited in a Chapter 7 proceeding.

How We Can Help With Wage Garnishment

If you are subject to a wage garnishment or if you have received a notice of intent to levy from the IRS, you should talk to a qualified consumer bankruptcy attorney to determine your rights. Recent data from the U.S. Department of Education indicates that approximately one-third of borrowers with student loans were more than five days late on a student loan.  Estimates indicate that six to seventeen percent of loans are more than thirty days late. 

 

Do You Have Student Loan Debt

Forty-one million Americans have student loans owned or guaranteed by the U.S. Department of Education. The total amount of student loan debt in the United States is approximately $1,100,000,000,000.00 (1.1 trillion dollars). For comparison, U.S. total credit card debt is estimated to be approximately $3.34 trillion dollars. 

What is Your Next Step in Student Loan Debt? 

Should the student loan lenders and loan servicers be worried about delinquencies? Not really. Government-backed student loans continue to gather interest until paid. Various federal laws assist lenders to collect student loans. Student loans are generally not dischargeable in bankruptcy. Section 523 (a) (8) of the Bankruptcy Code allows the discharge of student loans in bankruptcy only upon a showing that the student loan imposes an undue hardship on the borrower.

How to Get Your Vehicle Back in Repossession
If your car or truck has been repossessed in Houston, it is possible to get your vehicle back if you act fast. Furthermore, you can also obtain compensation if the repossession agents ignored the law by breaching the peace when obtaining your vehicle. Contact Keeling Law Firm to speak with a vehicle repossession attorney for immediate assistance.

 

What is a payday loan

Payday loans are small, short-term loans. They often carry extremely high-interest rates. They are loans of last resort for people who need cash quickly.  As John Oliver notes in one of his Last Week Tonight programs, payday loan companies often use business names that imply quick access to cash.

What should you do if you need a payday loan? 

As John Oliver says, “Anything else”. Get help from family, a friend, your church, your employer. Find part-time work. Find a way to avoid payday loans. 

Can they arrest you if you do not pay back your loan? 

The Texas Finance Code provides that a debt collector may not use threats, coercion, or attempts to coerce by, among other things, threatening that the debtor will be arrested for nonpayment of a consumer debt without proper court proceedings or threatening to file a criminal action against a debtor when the debtor has not violated a criminal law.

Is it a crime to fail to pay your loan? 
For the usual payday loan, the answer is no. Payday loans usually involve a promise to pay in the future. Sometimes, though, the lender requires that the borrower write a post-dated check for the loan payment. 

Can a payday loan be discharged in bankruptcy? 

In most cases, the answer is yes. Contact Keeling Law Firm and speak to a lawyer. 

Do You Have Have Property Tax Debt

Property taxes, sometimes called ad valorem taxes, fund Texas state, county and city governments, school systems and other activities. Property taxes are assessed as of January 1st each year, are technically due in October of the year they are assessed, and are subject to interest if not timely paid (usually by February 1st of the year after assessment). For example, property taxes for the 2016 tax year will be assessed on January 1, 2016, will technically be due on October 1, 2016, and will be considered late if not paid prior to February 1, 2017.

 

What is Your Next Step in Property Tax Debt?

If you cannot afford to make payments on property taxes, you should speak with a bankruptcy attorney prior to taking on tax loans. Property tax loans have very high interest and strict repayment terms. It can be very difficult to pay off property tax loans due to high-interest rates. Property tax loans give the lender a lien on your home. If you get behind on payments to a property tax lender, they have the ability to foreclose on your home.

What is a Wage Garnishment
A garnishment involves collecting money from a defendant whether directly or from a third party. Texas law allows for garnishment of judgment debts.1 Importantly, Texas law limits garnishment of current wages. Generally, a judgment credit can garnish bank accounts in Texas but not wages.  Wages and bank accounts can be garnished for child support obligations, federal taxes, criminal restitution and federally-guaranteed student loans.

How We Can Help With Wage Garnishment? 

If you are subject to a wage garnishment or if you have received a notice of intent to levy from the IRS, you should talk to a qualified consumer bankruptcy attorney to determine your rights.

Should You or Your Family be Worried About Student Loan? 

Yes, you should be very cautious. Because of government backing, student loans are deceptively easy to get. Because of federal law and government policy, student loans continue to accrue interest until paid and adversely affect the lives of the borrower and the borrower’s family.

How Keeling Law Can Help With Your IRS Debt?

Taxes are often a financial problem. If you owe taxes to the IRS, you should consider seeking a payment plan to avoid collection procedures. If you cannot pay your tax obligations and other necessities of life, you likely need professional advice from an IRS attorney.

What Can I do About My Medical Debt

The problem for many consumers is basic:  what can I do if I simply do not have enough money to pay all bills?  The answer is not the same for everyone.  People who have similar incomes may have different options based on family size, ongoing need for medical care, and many other factors.  There are often moral concerns. Many people do not believe it is right to fail to pay someone who has helped you. Others may believe that they have been taken advantage of by overcharging or under-performance. 

What is Your Next Step in Medical Debt? 

As authorized by the United States Constitution, Congress has enacted bankruptcy laws that apply to citizens of the United States. If a citizen is not able to pay all of the medical bills of the family, it is likely that other bills are also not being paid. In such circumstances, it is important to talk to a qualified consumer bankruptcy attorney, to identify your rights under the bankruptcy laws established by Congress, and to discuss available options.

Are You Subject to a Wage Garnishment? 

If you have received a notice of intent to levy from the IRS, you should talk to a qualified consumer bankruptcy attorney to determine your rights.

What is Foreclosure? 

Foreclosure involves a lawsuit in which a mortgage company, bank, or other lienholder seeks to take your property to satisfy a debt. The lender can actually take ownership of the property or have the property sold to pay off the debt. As a result of the foreclosure, as the owner, you lose whatever rights you had in the property. In other words, foreclosure is a process in which your home becomes the property of the lender.

Where will you and your family live? 

Keeling Law Firm’s Houston foreclosure attorneys can stop foreclosure immediately, so you can catch up on your payments. If the mortgage company has stopped taking payments, the foreclosure process has already begun. Don’t wait until you lose your home. For a free consultation and evaluation, call Keeling Law Firm at 713-364-0332, or fill out the form to the right.

How to Stop Bill Collectors? 

If you’re like most people, you want to pay your bills. But a major financial problem such as loss of a job, injury, divorce, family emergency, medical bills, or just plain bad luck can make it difficult, if not impossible. Everyone’s situation is different, and we want to help.

What Is Chapter 13 Bankruptcy? 

If you live in Texas, near Houston or Dallas, and need to immediately stop foreclosure on your home, repossession of your automobile, eviction from your apartment, or garnishment of bank accounts or salary from your job, Federal Bankruptcy Law provides help called Chapter 13. Chapter 13 is for people who have a regular income, but need to have their debts reorganized so they can make payments on terms favorable to them, not the creditors. This type of bankruptcy filing can help you to get caught up on your mortgage or car payments without losing your property, and can even help with money owed to the IRS.

How can Keeling Law Firm Help You in Chapter 13 Bankruptcy? 

As a Houston chapter 13 bankruptcy attorney, Keeling Law Firm has helped thousands of Houstonians since 1986 with Chapter 13 bankruptcy. We will meet with you at no cost to help determine the correct approach to solving your debt problems. We can help you learn whether you qualify for a Chapter 13 bankruptcy—or whether bankruptcy is the right answer for you. We will help you ensure all requirements are fulfilled so the bankruptcy goes smoothly and your assets are safe.

Why Choose to Hire Keeling Law Firm to File for Chapter 13 Bankruptcy? 

Since 1986, Keeling Law Firm has helped many people file for Chapter 13. As a leading Chapter 13 bankruptcy attorney, our team of experts can help you determine what's the best route for you based on your situation. Our team will explain the process of filing for Chapter 13 as well as guide you through it.

What Is Chapter 7 Bankruptcy and How Can It Help You File? 

Chapter 7 is the part of the Federal bankruptcy law designed for people in financial difficulties who do not have the ability to repay their existing debts, such as credit cards and payday loans. If you live near Houston or Dallas, filing Chapter 7 with Keeling Law can help you get a fresh start by wiping out your debts and allowing you to get on with your life. Everyone’s situation is different. Keeling Law Firm's chapter 7 bankruptcy lawyers can determine whether Chapter 7 is right for you.

Why File For Chapter 7 Bankruptcy? 

Exemption laws allow you to protect a certain amount of equity in your residence, motor vehicle, household goods, health aids, life insurance, and retirement plans, as well as future earnings such as social security benefits, child support, and alimony, along with certain other types of personal property.

How can Keeling Law Firm Help You in Chapter 7 Bankruptcy? 

Keeling Law Firm's Houston chapter 7 bankruptcy lawyers have helped thousands of Houstonians since 1986 filling chapter 7 bankruptcy. We will meet with you at no cost to help determine the correct approach to solving your debt problems. We can help you learn whether you qualify for a Chapter 7 bankruptcy—or whether bankruptcy is the right answer for you. We will help you ensure all requirements are fulfilled so the bankruptcy goes smoothly and your assets are safe.
 

 

 

 

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