Category Archives: Case Law

Cram Down In A New Light: What Does It Mean Under The New Law?

This article is limited to a cram down of an automobile, such as a car or truck in a Chapter 13 bankruptcy case.  The Bankruptcy Code in its current version has at least two statutes for Chapter 13 cram downs.   The first statute is 11 U.S.C. Section 506.  This section allows the debtor […]

North East Texas Bankruptcy Lawyer: Bankruptcy Overview-A Plan To Pay Creditors, Discharge Debt And Stop Forelcosure And Repossessions

By North East Texas Bankruptcy Attorney Brian Allen.  Bankruptcy law allows a debtor, who is unable to pay his creditors, to file for bankruptcy protection to stop creditors from collecting from the debtor and the debtor’s property (foreclosure, repossessions).  Chapter 11, 12, and 13 provide for the development of a plan that allows the debtor time […]

HOW SENATE BILL 61 WOULD SAVE HOMES FROM FORECLOSURE AT NO COST TO TAXPAYERS

HOW SENATE BILL 61 WOULD SAVE HOMES FROM FORECLOSURE AT NO COST TO TAXPAYERS

How big is the home foreclosure problem now?
Our country is facing a foreclosure crisis that is unprecedented. Home mortgage
payments have risen dramatically in the last few years, making it impossible for more and
more homeowners to afford to keep their homes. More than 6,600 family […]

Can You Include Past Due Utility Bills In Your Bankruptcy?

Yes!  The Bankruptcy Code requires that you include all debts you owe as of the date of filing your bankruptcy case.  All debts include past due amounts you owe to the local phone company, electric company, cable company, etc.  Your phone, cable, water, and electric company cannot discriminate against you either only because you filed a […]

There Are Consequences In Failing To Compromise In Bankruptcy

Make no mistake about it.  If you have a disputed claim hanging over your head, sometimes bankruptcy can put you in the driver’s seat.  If you are not the debtor and a defendant in some action filed in bankruptcy, maybe you should think twice about not compromising or settling your case.  Litigation is unpredictable.  Just […]