Bankruptcy and Payday Loans

Sherry’s stomach knotted up as she glared at the “insufficient funds” warning on the supermarket ATM.  With payday six days away, only peanut butter and Raman noodles to feed the kids, and the gas gauge inching towards “E”, she knew she had to do something fast. A...

The Texas Homestead Exemption

“Exempt” is a nice word that has an especially nice meaning when it comes to bankruptcy.  If an asset is exempt, it cannot be sold to pay the moneylenders. Texas has one of the broader homestead exemptions in the United States.  The maximum value of your home is...

Top Three Signs that You Need to File Bankruptcy

1.  You are more than 1 month behind on your rent To take full advantage of bankruptcy laws and the automatic stay, you need to file for bankruptcy (either Chapter 7 or Chapter 13) before the landlord files an eviction suit.  If a lawsuit is filed, the landlord may be...

The Psychology of Bankruptcy

“I’m going to smoke this cigarette because I want to feel better now; I don’t care about the long-term effects.”  “I’m going to spank my son because I want him to stop crying now; I don’t care about the long term-effects.” These attitudes are very common, especially...

The Means Test

Chapter 7 bankruptcy is designed to give a fresh start to consumers who face overwhelming debt website here.  Chapter 7 bankruptcy is not designed to allow consumers to elude their creditors.  There have always been anti-fraud provisions in the Bankruptcy Code, but...

Credit Counseling and Bankruptcy

Sometimes you may receive an offer for a free weekend in Florida, if you attend an “information session” extolling the virtues of a timeshare.  Pre- and post-petition bankruptcy debt counseling is similar, except that no one is trying to sell you a timeshare. The...