Adversary Proceeding in Bankruptcy

When you hear people talk about bankruptcy “court”, in Dallas or elsewhere, they are generally referring to the bankruptcy process.  Most personal bankruptcy debtors, either Chapter 7 or Chapter 13, never actually go before a judge. The primary exception is the...

Bankruptcy and the Meeting of Creditors

About six weeks after you file a voluntary bankruptcy petition in Dallas, be it a Chapter 7 or Chapter 13, you will attend the meeting of creditors required by Section 341 of the Bankruptcy Code.  Many people have the idea that the 341 is like the Munich Agreement,...

Bankruptcy and Property Exemptions

In the Old West, many pioneers came to Texas to elude their creditors.  Although the old west has been largely relegated to wax museums and Clint Eastwood movies, the pioneer spirit remains in Texas bankruptcy exemptions. When the debtor files a Chapter 7 or Chapter...

Bankruptcy and Auto Loans

It’s been a pretty steep fall for Amy, a Dallas teacher.  She bought her first new car in 2009, but she got sick the next year and now finds herself facing Chapter 7 bankruptcy. Once the voluntary bankruptcy petition is filed, the moneylender (in this case, the auto...

Bankruptcy and Home Equity

Nero fiddled while Rome burned.  Politicians continue to fuss while the mortgage crisis lingers.  If you have negative equity in your home, and you are tired of waiting for someone else to do something, then it may be time to consider Chapter 13 bankruptcy. Chapter 13...

The Bankruptcy Setoff

The setoff is an obscure legal provision most often applied in civil lawsuits.  But in the context of consumer bankruptcy, it allows a moneylender to seize funds out of a consumer’s bank account. There are many situations in which the setoff may apply, but the most...