Texas Bankruptcy Blog : Texas Bankruptcy Lawyer & Attorney : Fears Nachawati law Firm : Chapter 7, Chapter 13, Consumer Bankrutpcy : Dallas, Fort Worth, Austin, Houston, San Antonio

The Dallas Morning News published an article recently by bankrate.com regarding 5 common financial pitfalls that individuals make in a bad economy.  The article outlines the below 5 mistakes and offers realistic solutions regarding how to avoid them.  For a link to the article click here.     

1.  Continued spending using credit cards

2.  Invading your nest egg - withdrawing money from your IRA or 401k

3.  Paying for college without applying for aid

4.  Investing inertia - long-term investment management

5.  Obtaining cash from your home

If you have found yourself in one of the above situations not realizing that they were mistakes and cannot find a solution for relief then you may want to speak to an experience attorney who can discuss your options with you.  Call us toll free at 1-866-705-7584 or e-mail us at info@fnlawfirm.com.   

There are a few effective ways to stop or postpone a foreclosure or sale date on your home.  Your first step should be to contact your Mortgage Company directly as soon as you know you are behind or are about to miss a payment and speak to the Loss Mitigation department. Every mortgage company has Loss Mitigation department and they are there to help you in times of need (not that they always do help).  Let them know your current situation (such as loss of job, decrease in income, medical conditions or emergency situations) and ask them for your options.

The Loss Mitigation department of your Mortgage Company should be able to provide you a forbearance option or a modification option. BEWARE, some Mortgage Companies use their Loss Mitigation department to drag their feet until they sell your house.  Don’t let this happen to you!

If you keep getting the run-around, call our office and let us layout the options for you before it’s too late.  Call toll free at 1-866-705-7584 or e-mail us at info@fnlawfirm.com. 

Is your business turning a profit? Does it own any assets? Would you like to keep it running, or would you like to wrap it up? These are a few of the questions you should consider if you own a small business and are debating filing for bankruptcy.

If your goal is to keep the business in operation, you really need to look into a Chapter 13 Bankruptcy to relieve your budget and keep your doors open. If you’re ready to close up shop and want to move on with life, you should look in to filing a Chapter 7 Bankruptcy to give you a fresh start.

To talk with someone about the different options you have as a small business owner, contact Fears | Nachawati for a free consultation by calling toll free 1-866-705-7584 or e-mail info@fnalwfirm.com. 

It’s not a big surprise to people in San Antonio, Texas, (and the rest of the country) that we are in the middle of a foreclosure epidemic. Some states like Texas, California and Florida are suffering much more than others. But regardless of the reasons people are facing foreclosure--loss of income, slow business or mismanagement of finances--there is something homeowners can do to gain control and avoid losing their home. For many the best option is to file for a Chapter 13 bankruptcy. It will give you some control over your home loan and time to restore your finances.

When you file for bankruptcy in San Antonio, the lender cannot foreclose on or sell your home. A Chapter 13 bankruptcy also gives you the opportunity to repay any arrears so you can get caught up. You may even be able to lower your monthly payment by removing a second mortgage. Filing for bankruptcy will also keep any other creditors from taking action against your paycheck or assets. If your goal is to save your home, it is advisable you speak with an attorney experienced in bankruptcy law as soon as possible.

For a free consultation on how Chapter 13 can help you save your home, contact bankruptcy law firm, Fears | Nachawati, by calling toll free 1-866-705-7584 or by e-mailing info@fnlawfirm.com.

This is a quick list of the things you can keep when filing for bankruptcy (Depending on the type of exemptions you qualify for and the amount of equity you have).

1.       Your house

2.       Your Car(s)

3.       Your Bank Account(s) – including Savings Accounts

4.       All Retirement Account(s) – Yes, 401ks, 403bs & IRAs.

5.       Your Personal Belongings

6.       Stocks, Bonds and Mutual Funds

7.       You’re Sanity!

Call the office anytime to find out more by dialing toll free 1-866-705-7584 or e-mailing info@fnlawfirm.com. 

A common question asked regarding bankruptcy is whether student loan debt is dischargeable. The answer is that you can consolidate your student loan with your other bills in a Chapter 13 court-ordered repayment plan. When you file for a Chapter 13 in Austin, Texas, the student loan agency must accept payments under the terms of the Chapter 13. The student loan agency is a creditor and they cannot pursue you for any unpaid portion of the student loan during the Chapter 13. Also, the interest that would normally accrue may be waived during the Chapter 13. So in a way, it is a loan forbearance.

One of the benefits of filing for bankruptcy in Austin is the temporary relief, allowing you to pay a reduced percentage of your student loan and other outstanding obligations. They will not be able to put a lien on your income or assets. But there is a catch. After your Chapter 13 discharge they may pursue you for any portion of the student loan that was not satisfied by your Chapter 13 payment plan. After the Chapter 13 is discharged or dismissed, however, you will have the opportunity to work out a payment plan to pay the remaining balance.

For a free consultation about student loans forbearance and bankruptcy contact Fears | Nachawati via toll free phone a 1-866-705-7584 or via e-mail at info@fnlawfirm.com.

Although obtaining a driver’s license is a privilege, for most people in Arlington, Texas, having a driver’s license is a necessity. You need it to drive to work and take your kids to school. There are many reasons people lose their driving privileges. Some get it suspended because of an unpaid judgment from an accident where you did not have insurance. In Texas you could have this type of suspension even if you have not been sued.

When you file for bankruptcy in Dallas the automatic stay takes effect immediately when you file and entitles you to get your driver's license back in most circumstances. Some of the circumstances when you have the right under bankruptcy law to get your license back are when it is suspended because of non-payment of a debt vs. the legitimate exercise of the state's police power as in a DUI situation.

You can get your license back through bankruptcy as long as the suspension is not the consequence of driving a vehicle while intoxicated that involved death or bodily injury. Another exception to re-instating a driver’s license is the non-payment of child or spousal support.

For a free consultation on how Arlington bankruptcy law can help you recover your driver’s license, contact Fears | Nachawati via toll free phone at 1-866-705-7584 or e-mail at info@fnlawfirm.com.

One of the main reasons people are afraid to file for bankruptcy is the misleading claim by credit companies that filing for bankruptcy will ruin your credit. The reality is that the opposite is true for people who are in over their heads in debt. Filing for a Chapter 7 bankruptcy in Dallas, Texas, will erase most if not all of your debt and help give you a clean start in rebuilding your credit.

Additionally, when you have no excess credit card debt or other financial obligations there will be no more late payments on your credit report because your debt has been eliminated. And with the new credit card law, Credit CARD Act of 2009*, and careful management of your finances you should be able to rebuild your credit in a few years.

Although lenders will be able to see the bankruptcy on your credit report, they will primarily focus on the last 2-3 years of your credit history when extending credit.

For a free consultation on how Dallas bankruptcy law can help you get out of debt, contact Dallas bankruptcy law firm, Fears | Nachawati, toll free at 1-866-705-7584 or by e-mail at info@fnlawfirm.com.

*Credit CARD Act of 2009 is a federal law passed by the United States Congress and signed by President Barack Obama on May 22, 2009. Briefly, it is comprehensive credit card reform legislation that aims "...to establish fair and transparent practices relating to the extension of credit under an open end consumer credit plan, and for other purposes."

In many ways the new credit card law, the Credit Card Accountability Responsibility and Disclosure Act of 2009 or Credit CARD Act of 2009* can help you with future credit card debt. It will help you against predatory lending practices and will help keep you in check by limiting your credit availability. But if you are looking for a fresh start right now, filing for Chapter 7 may be the best way to relieve the heavy burden of excess credit card debt.

When you file for a Chapter 7 bankruptcy in San Antonio, Texas, your credit card debt will be dismissed. You will get the fresh start you need as well as the opportunity to build credit in a more consumer friendly environment under the new Credit CARD Act of 2009.

If you are feeling the stress of too many credit card bills and not enough money to pay them, then a Chapter 7 bankruptcy may be the best option for you.  For a free bankruptcy consultation contact San Antonio Bankruptcy law firm, Fears | Nachawati, via toll free phone at 1-(866) 705-7584 or via e-mail at info@fnlawfirm.com. 

*Credit CARD Act of 2009 is a federal law passed by the United States Congress and signed by President Barack Obama on May 22, 2009. Briefly, it is comprehensive credit card reform legislation that aims "...to establish fair and transparent practices relating to the extension of credit under an open end consumer credit plan, and for other purposes."

When President Barack Obama was campaigning for the presidency he promised reforms to the process of bankruptcy. For example, he called for a change in the bankruptcy code to allow modification of the terms of loans on the debtor’s primary residence. This means that hopefully one day soon the bankruptcy court will be able to adjust your home loan to a fair and reasonable payment. But while all of this is being played out, many people are still losing their homes.

One of the key factors in saving your home is being able to stay in your home as long as possible so that you can re-negotiate your mortgage with your lender. If you live in Austin, Texas, one of the best ways to get some control over your home loan (and the rest of your finances) is to file for bankruptcy. When you file for bankruptcy, your home cannot be foreclosed on or sold. This can definitely help you get your financial situation together while the government is trying to get theirs!

If you are in danger of losing your home, filing for bankruptcy can be a very powerful tool as it can give you the time and resources to renegotiate your mortgage with your lender while saving your home. For a free bankruptcy consultation contact bankruptcy law firm, Fears | Nachawati via toll free at 1- (866) 705-7584 or via e-mail at info@fnlawfirm.com.

Most homeowners who file for bankruptcy in Arlington, Texas, do it to save their homes.  They are aware that by filing for bankruptcy, the mortgage lender will not be able to foreclose on their home and that any pending sale of your home will also be halted immediately. What many homeowners do not know about Dallas bankruptcy law is that bankruptcy can do more than save their homes.

In a way, when a homeowner files for bankruptcy, they can modify their loan by getting rid of a second loan on their mortgage. Currently there is no law allowing the bankruptcy court to modify a loan, but when a second mortgage is removed through a bankruptcy proceeding, it can greatly reduce your monthly mortgage. Also, even after your file for bankruptcy, and your file has been approved by the trustee, you can modify your home loan. For more clarification on how this process works, it is best to consult with an experienced bankruptcy attorney.

If you are in danger of losing your home, filing for bankruptcy can be a very powerful solution for many homeowners as it can give you the time and resources to renegotiate your mortgage with your lender while saving your home. For a free bankruptcy consultation contact Dallas bankruptcy law firm, Fears | Nachawati, via toll free at (866) 705-7584 or via e-mail at info@fnlawfirm.com.

MSN.com posted an article regarding 12 myths about bankruptcy and how bankruptcy can affect your possessions and credit.  Among some of the myths and misconceptions is that you will loose everything, you will never get credit again and that bankruptcy will improve your credit rating.  Of course these are in fact myths and the article provides explanations for each as well as other common misconceptions.  I believe it is a great article to read if you are debating the pros and cons for filing bankruptcy and need answers to some very common questions. 

The full article can be found here. 

If you believe bankruptcy might be the answer for you and want a fresh start then contact Fears | Nachawati for a free consultation via toll free at 1-866-705-7584 or via e-mail at info@fnlawfirm.com. 

According to Yahoo.com, Harvard Researchers conducted a study that revealed in the U.S. in 2007 that medical problems caused 62% of all personal bankruptcies filed.  Factors such as high medical costs in which families were forced to mortgage their home or medical problems causing loss of income contributed to financial turmoil.  Many families are also forced to charge medical costs on their credit cards in order to pay off expenses.  The complete story on the Harvard study can be found here. 

If you or your family are suffering from financial distress caused by medical problems then bankruptcy may be the right solution.  To schedule a free consultation with Fears | Nachawati contact us toll free at 1-866-705-7584 or via e-mail at info@fnlawfirm.com.   

There is a great article published on Yahoo.com today listing out 7 ways to essentially ruin your credit.  Many mistakes on the list are very common and can lead to a lower credit score and trouble with lenders viewing your credit report.  The article can be found here and the 7 key mistakes are listed below:

1. Close Credit Card Accounts

2. Let Credit Cards Collect Dust

3. Run Up High Balances

4. Apply for New Credit Repeatedly

5. Don't Pay Fines or Non-Credit Card Bills

6. Ignore Mistakes on Your Report

7. Make Late Payments or Skip Them Entirely 

If you believe that your credit is beyond repair and have made many of the above mistakes then bankruptcy might be the right answer for you.  Contact Fears | Nachawati for a free consultation today by calling toll free at 1-866-705-7584 or by e-mailing info@fnlawfirm.com. 

One of the most embarrassing and inconvenient things that can happen in a household is to have the utility power suddenly turned off. Unfortunately, it can and does happen when someone gets behind in their utility bill and fails to make payment arrangements with the utility company. It can also happen when you are too far behind and cannot catch up. At that point the utility company can only extend past due payments for so long and at an amount that you will not be able to realistically afford.

If you are in this scenario, chances are that you are also behind in other bills. A good option may be to file for bankruptcy. By filing for bankruptcy in Fort Worth the electric company cannot refuse or cut off service. But, the utility company can require a deposit for future service and you will also have to pay bills that arise after bankruptcy is filed.

A bankruptcy lawyer in Fort Worth can go over more specific details case by case, as everyone’s financial situation is unique.

If you are feeling the stress of past due utility bills and not enough money to pay them, then bankruptcy may be a good solution for you.  For a free bankruptcy consultation contact Tarrant County bankruptcy law firm, Fears | Nachawati Law Firm, toll free at (866) 705-7584 or via e-mail at info@fnlawfirm.com.

One of the most asked questions a Dallas bankruptcy lawyer hears is, “How do I stop creditors from calling me?” When someone is delinquent on their bills, creditors have the right to make collection efforts. That can include daily, repeated phone calls demanding payment for past due bills. When faced with these aggressive calls from creditors you have the following options:

• Pay the debt
• Make payment arrangements
• File for bankruptcy

For most people who are behind in their bills, the first two options are not the ones they can realistically afford. At this point the best solution may be to file for a Chapter 7 or 13 bankruptcy to stop persistent and hostile collection efforts. When you file for bankruptcy in Dallas, an automatic stay is placed on all debts. What this means is that all collection efforts, including phone calls, must stop right away. Most creditors know they are not allowed to continue contacting you after you file for bankruptcy. If they continue, they can be fined in bankruptcy court.

For more specific information on how bankruptcy can help stop endless phone calls from creditors and give you peace of mind, contact Dallas bankruptcy law firm, Fears | Nachawati Law Firm toll free at (866) 705-7584 or via e-mail at info@fnlawfirm.com for a free bankruptcy consultation.

Yes, personal injury judgments can be discharged with a few exceptions. In fact, many people in Garland, Texas, file for a Chapter 7 or 13 bankruptcy to avoid paying on a judgment. There are many advantages to filing for bankruptcy to discharge a judgment. When you file for bankruptcy all liens on your assets will be removed. You will regain control over your bank account and your paycheck. Additionally, no further action will be taken against for any judgments or debts included in the bankruptcy. It is a perfectly legal way to wipe the slate clean and give you a fresh start.

In order to make sure that your bankruptcy application has been filled out correctly you should consult with an experienced Garland bankruptcy lawyer. During the consultation you can discuss your specific financial situation and exceptions to judgments such as:

·         Child Support

·         Spousal Maintenance

·         Fraud

·         Personal Injury Resulting From DUI

·         Student Loans

Because the Federal bankruptcy law is very specific on what can and cannot be discharged, it advisable for anyone considering bankruptcy to speak with a Garland Bankruptcy attorney.

Contact Garland bankruptcy law firm, Fears | Nachawati Law Firm, today for a free bankruptcy consultation via toll free at (866) 705-7584 or via e-mail at info@fnlawfirm.com.

Many people are afraid to file for bankruptcy because they feel it may ruin their chances to get a loan in the future. The reality is that if you are behind in payments or have judgments hanging over you, your current credit score is probably too low to get a loan. Ironically enough, filing for bankruptcy can be the best thing you can do for your credit.

When you file for a Chapter 7 bankruptcy in San Antonio, most if not all of your debts will be discharged. You will no longer owe payments on old debts.

For more specific information on a Chapter 7 bankruptcy, a San Antonio bankruptcy lawyer can answer questions such as:

How long will a bankruptcy stay on my credit report? While a bankruptcy can stay on your credit report up to 10 years, most lenders only look at the last 2-3 years on your credit report.

Will a bankruptcy keep me from getting a loan? The more important issue should be to work towards improving your credit after you file for bankruptcy. If you can show a lender that you can afford to buy something and have a good credit report you will probably get the loan.

For more information on how a Chapter 7 bankruptcy can help you have a fresh start, contact San Antonio bankruptcy law firm, Fears | Nachawati Law Firm, for a free bankruptcy consultation via toll free at (866) 705-7584 and via e-mail at info@fnlawfirm.com.

Yes, certain debts can be given priority when you file for bankruptcy in Arlington, Texas (or any state in the United States). In fact, the Bankruptcy Code has specific guidelines as to what debt falls under priority claims. Claims in a higher priority must be paid in full before claims with a lower priority receive payment.  For example, some priority claims can include:

• Child support or spousal alimony
• Administrative expenses of the bankruptcy
• Unsecured post petition claims in an involuntary case
• Wage claims of employees up to $10,000 per claim
• Recent income, employment or gross receipts taxes
• IRS taxes

Briefly, the Bankruptcy Code has established the order in which claims are paid from the bankruptcy estate: 

1)      Costs of administration 

2)      Priority claims

3)      General unsecured claims

Additionally, for an individual debtor, these kinds of claims are also non-dischargeable in Chapter 7. In other words, you will still owe on any past payments involving these types of debts.

For more information on how the bankruptcy trustee will determine priority claims and how to properly fill out your bankruptcy application, it is advisable to speak to an experienced Arlington bankruptcy attorney.

For a free bankruptcy consultation with an Arlington bankruptcy lawyer contact Fears | Nachawati Law Firm toll free at (866) 705-7584 or via e-mail at info@fnlawfirm.com.

This one is one the most common questions Austin bankruptcy attorneys hear.

The answer is that it really depends on the type of bankruptcy being filed and the individual financial circumstances of each person.

In short, yes you will be able to buy a home after bankruptcy. You may be required to come up with a bigger down payment and you may have to wait a few years but it is possible. But if you file for a Chapter 13 bankruptcy and it has not been discharged, you may need permission from the trustee to enter into an additional home loan agreement.

What you need to keep in mind is that you should have re-established your credit in 3-4 years after your bankruptcy is discharged. Even if a bankruptcy remains on your credit report for 10 years, most lenders will only care about the most recent activity and your current financial circumstances.

For a free consultation on how filing for bankruptcy today can help you have a better tomorrow contact Fears | Nachawati Law Firm toll free at (866) 705-7584 or via e-mail at info@fnlawfirm.com for a Travis County or Round Rock bankruptcy lawyer.