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	<title>Higgins and Associates &#187; Bankruptcy Articles</title>
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		<title>Fresh Start With Texas Bankruptcy</title>
		<link>http://www.higginsandassociates.com/bankruptcy-articles/fresh-start-with-texas-bankruptcy/</link>
		<comments>http://www.higginsandassociates.com/bankruptcy-articles/fresh-start-with-texas-bankruptcy/#comments</comments>
		<pubDate>Mon, 10 Jan 2011 23:38:24 +0000</pubDate>
		<dc:creator>jmalewitz</dc:creator>
				<category><![CDATA[Bankruptcy Articles]]></category>
		<category><![CDATA[Bankruptcy Court]]></category>
		<category><![CDATA[Chapter 13 Bankruptcy]]></category>
		<category><![CDATA[chapter 13 eligibility]]></category>
		<category><![CDATA[chapter 7 bankruptcy]]></category>
		<category><![CDATA[filing texas bankruptcy]]></category>
		<category><![CDATA[texas bankruptcy lawyer]]></category>
		<category><![CDATA[texas chapter 7]]></category>

		<guid isPermaLink="false">http://www.higginsandassociates.com/?p=785</guid>
		<description><![CDATA[The new year is upon us and you may have spent more than you should have. Maybe you spent little because you had nothing. Maybe you were just scared of spending too much because your job is in jeopardy. Bankruptcy is always an option, but not always your best option. Sometimes you may want to [...]]]></description>
			<content:encoded><![CDATA[<p>The new year is upon us and you may have spent more than you should have. Maybe you spent little because you had nothing. Maybe you were just scared of spending too much because your job is in jeopardy. Bankruptcy is always an option, but not always your best option. Sometimes you may want to consider other options. This blog guide will help you decide.<br />
<strong><br />
When Not to File Bankruptcy</strong><br />
Bankruptcy is not always your best option. Sometimes you may consider tapping into your savings and paying off the debt. Sometimes you may consider using 401K money. You might even consider selling certain items you own, like a car, second home, or other valuable item. If you owe a few weeks worth of pay, you do not want to file bankruptcy. But if you owe monies you cannot pay off for a year or more, bankruptcy is a good option. You cannot file bankruptcy every year. You can file Chapter 7 bankruptcy, for example, every seven years. So you want to use it correctly.</p>
<p><strong>When to File Bankruptcy</strong><br />
As noted, there are some reasons not to file bankruptcy, but sometimes it&#8217;s the best option. Instead of losing your home, instead of tapping into all your savings, instead of using debt management, you can file for Chapter 7 or Chapter 13 bankruptcy. If you owe more than you make in one year, you should consider bankruptcy help. If you owe a few months worth of pay, you might consult with a lawyer. No situation is exactly the same.</p>
<p><strong>What Form of Bankruptcy</strong><br />
If you file Chapter 7 bankruptcy, you can erase a lot of your unsecured debts. If you cannot keep up with your mortgage, you can consider filing Chapter 13 bankruptcy. Chapter 7 bankruptcy can erase credit card, medical, and even mortgage debts. So if you owe $50,000 in <a href="http://www.franklindebtrelief.com/credit-card-debt-consolidation.html">credit card debts</a>, you may consider Chapter 7 bankruptcy, which can help you get a fresh start. If you owe on secured debts, such as your home and car, you can still discharge them with Chapter 7 bankruptcy. If you want to keep your home and car, it may be better with Chapter 13. However, creditors cannot take your home in Texas if you owe money money. The Texas Homestead Exemption is unique in that no creditor can take your home for owing money. You may owe creditors $60,000, but with this exemption they cannot take your home. The only entity who can take your home is the bank, the ones with the mortgage.</p>
<p><strong>Where to Start</strong><br />
If you are ready to get started with Texas bankruptcy, you need to consult with an experienced bankruptcy lawyer. You should have a lawyer you can afford, usually at about $1,000 to $2,000.</p>
<div style="width: 1px; height: 1px; overflow: hidden;">
<p style="margin-bottom: 0in;">Fresh Start With Texas Bankruptcy</p>
<p style="margin-bottom: 0in;">by Jacob Malewitz</p>
<p style="margin-bottom: 0in;">
<p style="margin-bottom: 0in;">The new year is upon us and you may have spent more than you should have. Maybe you spent little because you had nothing. Maybe you were just scared of spending too much because your job is in jeopardy. Bankruptcy is always an option, but not always your best option. Sometimes you may want to consider other options. This blog guide will help you decide.</p>
<p style="margin-bottom: 0in;">
<p style="margin-bottom: 0in;">When Not to File Bankruptcy</p>
<p style="margin-bottom: 0in;">Bankruptcy is not always your best option. Sometimes you may consider tapping into your savings and paying off the debt. Sometimes you may consider using 401K money. You might even consider selling certain items you own, like a car, second home, or other valuable item. If you owe a few weeks worth of pay, you do not want to file bankruptcy. But if you owe monies you cannot pay off for a year or more, bankruptcy is a good option. You cannot file bankruptcy every year. You can file Chapter 7 bankruptcy, for example, every seven years. So you want to use it correctly.</p>
<p style="margin-bottom: 0in;">
<p style="margin-bottom: 0in;">When to File Bankruptcy</p>
<p style="margin-bottom: 0in;">As noted, there are some reasons not to file bankruptcy, but sometimes it&#8217;s the best option. Instead of losing your home, instead of tapping into all your savings, instead of using debt management, you can file for Chapter 7 or Chapter 13 bankruptcy. If you owe more than you make in one year, you should consider bankruptcy help. If you owe a few months worth of pay, you might consult with a lawyer. No situation is exactly the same.</p>
<p style="margin-bottom: 0in;">
<p style="margin-bottom: 0in;">What Form of Bankruptcy</p>
<p style="margin-bottom: 0in;">If you file Chapter 7 bankruptcy, you can erase a lot of your unsecured debts. If you cannot keep up with your mortgage, you can consider filing Chapter 13 bankruptcy. Chapter 7 bankruptcy can erase credit card, medical, and even mortgage debts. So if you owe $50,000 in <a href="http://www.franklindebtrelief.com/credit-card-debt-consolidation.html">credit card debts</a>, you may consider Chapter 7 bankruptcy, which can help you get a fresh start. If you owe on secured debts, such as your home and car, you can still discharge them with Chapter 7 bankruptcy. If you want to keep your home and car, it may be better with Chapter 13. However, creditors cannot take your home in Texas if you owe money money. The Texas Homestead Exemption is unique in that no creditor can take your home for owing money. You may owe creditors $60,000, but with this exemption they cannot take your home. The only entity who can take your home is the bank, the ones with the mortgage.</p>
<p style="margin-bottom: 0in;">
<p style="margin-bottom: 0in;">Where to Start</p>
<p style="margin-bottom: 0in;">If you are ready to get started with Texas bankruptcy, you need to consult with an experienced bankruptcy lawyer. You should have a lawyer you can afford, usually at about $1,000 to $2,000.</p>
</div>
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		<title>Win in Texas Bankruptcy Court</title>
		<link>http://www.higginsandassociates.com/bankruptcy-articles/win-in-texas-bankruptcy-court/</link>
		<comments>http://www.higginsandassociates.com/bankruptcy-articles/win-in-texas-bankruptcy-court/#comments</comments>
		<pubDate>Thu, 23 Dec 2010 02:44:31 +0000</pubDate>
		<dc:creator>jmalewitz</dc:creator>
				<category><![CDATA[Bankruptcy Articles]]></category>
		<category><![CDATA[Chapter 13 Bankruptcy]]></category>
		<category><![CDATA[chapter 13 eligibility]]></category>
		<category><![CDATA[chapter 13 plan]]></category>
		<category><![CDATA[chapter 7 bankruptcy]]></category>
		<category><![CDATA[filing bankruptcy in court]]></category>
		<category><![CDATA[filing chapter 13]]></category>
		<category><![CDATA[filing chapter 7]]></category>
		<category><![CDATA[texas bankruptcy court]]></category>
		<category><![CDATA[texas bankruptcy lawyer]]></category>
		<category><![CDATA[texas chapter 13]]></category>
		<category><![CDATA[texas chapter 7]]></category>
		<category><![CDATA[what happens in bankruptcy court]]></category>

		<guid isPermaLink="false">http://www.higginsandassociates.com/?p=774</guid>
		<description><![CDATA[Texas bankruptcy court can seem scary. But once you get this process done, you can start seeing some financial changes in your life. If you&#8217;re filing Texas Chapter 7 bankruptcy, you might save tens of thousands of dollars. If you file Chapter 13 bankruptcy, you may stop a foreclosure or prevent other assets from being [...]]]></description>
			<content:encoded><![CDATA[<p>Texas bankruptcy court can seem scary. But once you get this process done, you can start seeing some financial changes in your life. If you&#8217;re filing Texas Chapter 7 bankruptcy, you might save tens of thousands of dollars. If you file Chapter 13 bankruptcy, you may stop a foreclosure or prevent other assets from being taken. The advantages of bankruptcy are many. By filing correctly, you can change your life. But first you must know what to expect in bankruptcy court. Lets find out.<br />
<strong><br />
Know If You&#8217;re Eligible</strong><br />
First off, before you do anything, find out if you&#8217;re eligible for Texas bankruptcy. You have the options of Chapter 7 personal bankruptcy or Chapter 13 personal bankruptcy. For Chapter 7 bankruptcy, the current median incomes from one person to four are $37,676, $54,288, $55,534, and $64,420. Chapter 13 bankruptcy eligibility is based on what you owe. You are eligible if you have less than $360,475 in unsecured debts and secured debts are less than $1,081,400. Secured debts are monies owed like your home and car. Unsecured debts have no collateral, and are more like credit card and medical bills. Once you know if you are eligible, you can consider filing bankruptcy. If you are still unsure, a Texas bankruptcy lawyer can help you.</p>
<p><strong>Know the Rules</strong><br />
There are rules to bankruptcy. You can&#8217;t, for example, just spend on your credit cards for months prior to filing bankruptcy. You cannot wait until a foreclosure process has started to file. You cannot file every year; you can only file Chapter 7 every seven years for example. These rules are all listed online, especially at USCourts.gov. If you are unsure, you can consult with your lawyer.</p>
<p><strong>Be Honest</strong><br />
You can&#8217;t lie on forms, other documentation, and in court. You have to be honest. This is important, as you stand to do well if you simply tell the truth. Do not hide assets. If you want to have a debt discharged, you must list it. If you are uncertain of a law, and break it, make that clear early on – in other words, stop it before it becomes a problem. If you make mistakes, that is okay, but if you break rules knowingly you can have your bankruptcy delayed if not denied.</p>
<p><strong>Be Prepared</strong><br />
Be ready for Texas bankruptcy court. Be prepared for questions. Be sure you go through proper credit programs prior to going to court. There is nothing to be scared of; your lawyer will take care of most of the issues. You have little role for Chapter 7 bankruptcy during court, and a minor role in Chapter 13. Most of it will be taken care of by your lawyer, but be sure to hire a good one.</p>
<p><strong>Be On Time at All Dates</strong><br />
One common problem in Texas bankruptcy is missing court dates and meetings. You may miss your actual first court date or the meeting of creditors. This can delay your bankruptcy and hurt your chances of success. Again, you  have no major role in the bankruptcy, but must be prepared to answer some questions.</p>
<p><strong>Consult with a Lawyer</strong><br />
The best way to succeed in bankruptcy court is to hire an experienced Texas bankruptcy lawyer. He or she should have court room experience. Your lawyer should be close to you so you can communicate on a regular basis. You should be able to communicate well with him or her. You should be able to afford them in case there are delays. And you should be able to get all your questions answered.</p>
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		<title>When Not to File Texas Bankruptcy</title>
		<link>http://www.higginsandassociates.com/bankruptcy-articles/when-not-to-file-texas-bankruptcy/</link>
		<comments>http://www.higginsandassociates.com/bankruptcy-articles/when-not-to-file-texas-bankruptcy/#comments</comments>
		<pubDate>Thu, 23 Dec 2010 02:39:52 +0000</pubDate>
		<dc:creator>jmalewitz</dc:creator>
				<category><![CDATA[Bankruptcy Articles]]></category>
		<category><![CDATA[advantages and disadvantages of bankruptcy]]></category>
		<category><![CDATA[Chapter 13 Bankruptcy]]></category>
		<category><![CDATA[chapter 13 eligibility]]></category>
		<category><![CDATA[chapter 13 plan]]></category>
		<category><![CDATA[chapter 7 bankruptcy]]></category>
		<category><![CDATA[texas chapter 13]]></category>
		<category><![CDATA[texas chapter 7]]></category>
		<category><![CDATA[when not to file bankruptcy]]></category>
		<category><![CDATA[when to file bankruptcy]]></category>
		<category><![CDATA[when to file chapter 13 bankruptcy]]></category>
		<category><![CDATA[when to file chapter 7 bankruptcy]]></category>

		<guid isPermaLink="false">http://www.higginsandassociates.com/?p=770</guid>
		<description><![CDATA[There are certain reasons you may not want to file for bankruptcy help. If you owe a lot of money, it can be tempting, and sometimes smart. However, this guide looks at both sides of the issue – the times when you should not file and the times you should. When Not to File There [...]]]></description>
			<content:encoded><![CDATA[<p>There are certain reasons you may not want to file for bankruptcy help. If you owe a lot of money, it can be tempting, and sometimes smart. However, this guide looks at both sides of the issue – the times when you should not file and the times you should.</p>
<p><strong>When Not to File</strong><br />
There are many sides to this issue, including those who say bankruptcy can be a good option, those who say it&#8217;s your best option, and those who say it&#8217;s your worst. The real truth is you may not want to file. Bankruptcy is not something you want to do all the time. It should only be used once, but can be used multiple times throughout your life. If you have to file multiple times, something is wrong – either with your spending or your actions. If you file because you charge up your credit cards every seven years, it can ruin your credit. If you file when you have debts that are seemingly minor, that you may be able to pay off, that&#8217;s unnecessary. If you file only to protect your home, in the state of Texas you have other options.</p>
<p>When filing often because you have bad spending habits, you are ruining your credit. You need to rethink how you spend money. You may want to cut down on certain buying habits, if not get some personal help. It&#8217;s nothing to be ashamed of, but can damage your life. If you file for minor reasons, remember that bankruptcy is a long term plan, and will affect your credit greatly. If you file Chapter 7, yes it can eliminate these debts, but it also hurts your credit, makes it so you cannot file again for seven years, and will take some time. In Texas, you need not always file to protect your home. Yes, a Chapter 13 bankruptcy can stop a foreclosure, but if someone other than the mortgage lender is trying to take your home, quite often you are protected by the Texas Homestead Exemption. This law makes it so residents of Texas need not worry about creditors taking their homes when owing money, and it&#8217;s a law unique to our state.</p>
<p><strong>When To File</strong><br />
There are times when it&#8217;s smart to file. You might owe a large sum of money. You might owe an impossible medical debt or had to charge up your credit cards after losing your job; after a Chapter 7 bankruptcy, these can be eliminated. If you fall behind on your mortgage payment, you may fear a foreclosure. If you owe the lender money, they can foreclose on your home. If you file Chapter 13 bankruptcy, you can buy yourself time to catch up on payments, and use the automatic stay to halt all other collections against you.</p>
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		<title>Increase Your Chances of a Successful Texas Bankruptcy</title>
		<link>http://www.higginsandassociates.com/bankruptcy-articles/increase-your-chances-of-a-successful-texas-bankruptcy/</link>
		<comments>http://www.higginsandassociates.com/bankruptcy-articles/increase-your-chances-of-a-successful-texas-bankruptcy/#comments</comments>
		<pubDate>Fri, 17 Dec 2010 00:37:36 +0000</pubDate>
		<dc:creator>jmalewitz</dc:creator>
				<category><![CDATA[Bankruptcy Articles]]></category>
		<category><![CDATA[Chapter 13 Bankruptcy]]></category>
		<category><![CDATA[chapter 13 eligibility]]></category>
		<category><![CDATA[chapter 13 plan]]></category>
		<category><![CDATA[chapter 7 bankruptcy]]></category>
		<category><![CDATA[filing chapter 7]]></category>
		<category><![CDATA[planning chapter 7 bankruptcy]]></category>
		<category><![CDATA[texas bankruptcy lawyer]]></category>
		<category><![CDATA[texas chapter 13]]></category>
		<category><![CDATA[texas chapter 7]]></category>

		<guid isPermaLink="false">http://www.higginsandassociates.com/?p=762</guid>
		<description><![CDATA[Bankruptcy can change your life for the better, but many hurt their chances of a successful bankruptcy by making mistakes. They make no plan. They don&#8217;t go over all their options. Some don&#8217;t do the research. There are many more points. This blog guide will help you file bankruptcy successfully. Make a Plan Are you [...]]]></description>
			<content:encoded><![CDATA[<p>Bankruptcy can change your life for the better, but many hurt their chances of a successful bankruptcy by making mistakes. They make no plan. They don&#8217;t go over all their options. Some don&#8217;t do the research. There are many more points. This blog guide will help you file bankruptcy successfully.</p>
<p><strong>Make a Plan</strong><br />
Are you eligible? What sort of income do you have coming in? Will you be able to keep your home? These are the kinds of questions you should ask yourself. It&#8217;s okay to be confused, to have questions, to have concerns, as long as you write them down and start taking some action. You should plan for how you will do things like keep your home and car. You should know what kind of income you might have coming in. If you lack an income, you might consider finding ways to get one, such as applying for benefits or for a job. You may not be able to do all the points in your plan, but making one gives you a boost of confidence.<br />
<strong><br />
Know Your Options</strong><br />
You have more options than you might think. Yes, you have Chapter 7 and Chapter 13 bankruptcy, but you have far more. You have options for protecting your Texas home from foreclosure, such as with the  Homestead Exemption. You have exemptions on other assets too. You can choose what lawyer you hire. You can choose what debts you intend to pay, sometimes, and what debts you intend to discharge or let go.</p>
<p><strong>Research</strong><br />
Research is quite important in Texas bankruptcy. For example, the Texas Homestead Exemption has some unique rules, namely the fact only the lender has the right to take your home. There are eligibility rules for Chapter 7 and Chapter 13 bankruptcy unique to Texas. Also, all states are different in terms of what value your assets can be in bankruptcy.</p>
<p><strong>Hire the Right Lawyer</strong><br />
If you are considering bankruptcy, you definitely need to consider hiring an experienced Texas bankruptcy lawyer. It&#8217;s his or her job to help you with questions, with your options, with research, and it&#8217;s your lawyer&#8217;s job to protect your rights. There are thousands of bankruptcy lawyers across the country and in the state of Texas, but not all are equal. Be picky here. Hire a lawyer with experience. Hire a lawyer you can communicate with. Hire one you can afford. And hire one who has the knowledge to help you.</p>
<p><strong>Avoid Filing Second Time</strong><br />
The best way to avoid a second bankruptcy is to use your first one the right way. You should file at a time where it will have the most affect, being the time you owe the most money. If you have a large bill coming in, it&#8217;s obvious you want to wait for that to arrive before you file. You should also rebuild your credit in the right way after bankruptcy. There are many proven ways to do this. You should start paying all your bills early. You can rebuild credit by opening up a new credit card, such as a secured credit card, and making large purchases you can afford with it.</p>
<p>If you follow all the tips in this guide, you have an advantage over many who file Texas bankruptcy. The first step is to start considering legal representation. Then you&#8217;ll know your options.</p>
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		<title>6 Decisions to Make Before Filing Bankruptcy</title>
		<link>http://www.higginsandassociates.com/bankruptcy-articles/6-decisions-to-make-before-filing-bankruptcy/</link>
		<comments>http://www.higginsandassociates.com/bankruptcy-articles/6-decisions-to-make-before-filing-bankruptcy/#comments</comments>
		<pubDate>Sun, 12 Dec 2010 00:49:56 +0000</pubDate>
		<dc:creator>jmalewitz</dc:creator>
				<category><![CDATA[Bankruptcy Articles]]></category>
		<category><![CDATA[bankruptcy choices]]></category>
		<category><![CDATA[bankruptcy decisions]]></category>
		<category><![CDATA[Chapter 13 Bankruptcy]]></category>
		<category><![CDATA[chapter 13 eligibility]]></category>
		<category><![CDATA[chapter 7 bankruptcy]]></category>
		<category><![CDATA[do you need bankruptcy]]></category>
		<category><![CDATA[filing chapter 13]]></category>
		<category><![CDATA[filing chapter 7]]></category>
		<category><![CDATA[save your texas home]]></category>
		<category><![CDATA[texa home protection]]></category>
		<category><![CDATA[texas chapter 13]]></category>
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		<category><![CDATA[texas chapter 7]]></category>
		<category><![CDATA[texas homestead exemption]]></category>

		<guid isPermaLink="false">http://www.higginsandassociates.com/?p=754</guid>
		<description><![CDATA[Thousands file bankruptcy in Texas every year, yet thousands more decide not to do it, even in the face of foreclosure, unemployment, and rising debts. Sometimes the decisions you make prior to bankruptcy define how the next years of your life will be. You may save money. You may save your home. You may get [...]]]></description>
			<content:encoded><![CDATA[<p>Thousands file bankruptcy in Texas every year, yet thousands more decide not to do it, even in the face of foreclosure, unemployment, and rising debts. Sometimes the decisions you make prior to bankruptcy define how the next years of your life will be. You may save money. You may save your home. You may get better mentally, simply being free of a mountain of debt. If you&#8217;re considering bankruptcy, it&#8217;s time to make some decisions.<br />
<strong><br />
Do you need bankruptcy?</strong><br />
You don&#8217;t always have to file bankruptcy. It&#8217;s an option, and sometimes your best option. The decision can be tough, but there are some strategies for making this decision. You may owe more than you make in a whole year. You may have a large savings, but if you spend it, you&#8217;re in a tough spot. You may recently have lost your job, and the debts you accumulated still exist. If you cannot pay off your debts in a reasonable amount of time without spending huge amounts of any savings, 401K, or retirement plan, you should consider bankruptcy.</p>
<p><strong>Chapter 7 or Chapter 13?</strong><br />
Chapter 7 bankruptcy is a liquidation. You file in order to discharge debts, mainly secured debts like credit and medical debt. Say you owe $50,000 in credit card debt, and you make $40,000 a year. In this situation, filing bankruptcy is smart. You won&#8217;t make that much in a year, and you likely have other bills too. Or you may need some help in paying on your home, have a job, and make a decent amount of money. To avoid foreclosure and keep your home, you may consider Chapter 13 bankruptcy. These are both useful options for different situations.</p>
<p><strong>How much can you save?</strong><br />
How much can you save by filing for bankruptcy? How much will you lose? If you file Chapter 7 bankruptcy, some of your assets may be sold to pay off your debt, but you stand to discharge huge amounts of debt. On the other hand, with a Chapter 13 bankruptcy you are paying on debts, but you get to keep major assets like your home and car if you keep paying on them through the plan. You stand to save more money on paper with a  Chapter 7 bankruptcy, but you may get more property saved, which adds up, if you file Chapter 13.</p>
<p><strong>How much time can you invest?</strong><br />
Bankruptcy will take you some time. It&#8217;s not an overnight process. If you file Chapter 7, you may be done in  a matter of months, but should spend a considerable amount of time preparing. On the other hand, with Chapter 13, you are investing 3-5 years into paying off debts. Can you afford to do that?</p>
<p><strong>Can you keep your home?</strong><br />
Foreclosure is a major problem for many in the U.S., but less so in Texas. With the Texas Homestead Exemption, only the mortgage lender has the right to take your home if you default on the payments – not other creditors, such as a credit card company. But you may not be able to keep paying on the mortgage, and need to file for bankruptcy. You have many options and a lot of help.</p>
<p><strong>Do you need a lawyer?</strong><br />
If you are going to file Texas bankruptcy, yes you need to hire a lawyer. This is a critical decision. A lawyer will help you make all the decisions before, during, and after the bankruptcy. Yes, there are lawyer fees, but they are minimal in comparison to what you gain. Hiring a lawyer should be your easiest decision.</p>
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		<title>Can You Be Denied a Texas Bankruptcy?</title>
		<link>http://www.higginsandassociates.com/bankruptcy-articles/can-you-be-denied-a-texas-bankruptcy/</link>
		<comments>http://www.higginsandassociates.com/bankruptcy-articles/can-you-be-denied-a-texas-bankruptcy/#comments</comments>
		<pubDate>Wed, 08 Dec 2010 22:00:56 +0000</pubDate>
		<dc:creator>jmalewitz</dc:creator>
				<category><![CDATA[Bankruptcy Articles]]></category>
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		<category><![CDATA[bankruptcy denial]]></category>
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		<category><![CDATA[chapter 13 eligibility]]></category>
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		<category><![CDATA[texas chapter 7]]></category>

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		<description><![CDATA[Sometimes you can be denied bankruptcy. It happens quite often in the state of Texas. Why? You can be denied for many reasons. You might make too much money to file a certain form, or owe too much to file Chapter 13. You may break the rules of the bankruptcy. You may even make some [...]]]></description>
			<content:encoded><![CDATA[<p>Sometimes you can be denied bankruptcy. It happens quite often in the state of Texas. Why? You can be denied for many reasons. You might make too much money to file a certain form, or owe too much to file Chapter 13. You may break the rules of the bankruptcy. You may even make some mistakes prior to filing bankruptcy – such as spending a lot of money – and then are denied a filing. There are many more, but let&#8217;s focus on a few to understand the most common reasons for being denied a Texas bankruptcy.<br />
<strong><br />
Make Too Much</strong><br />
As of 2010, if you make more than the median income for Texas residents, you may be denied a Chapter 7 bankruptcy filing. Chapter 7 bankruptcy allows you to discharge common debts like credit card, medical, and other unsecured debts. The numbers from an individual up to a family of four: $37,676, $54,288, $55,534, $64,420. So as an individual, if you make more than $37,676, you would not be eligible to file and would be denied if you tried. There are some varying points on this system. If you recently lost your job, your income will likely go down considerably, so if you waited long enough you may be able to still file. Otherwise you would have to file Chapter 13, if eligible.</p>
<p><strong>Owe Too Much</strong><br />
If you are an individual with an income greater than your main expenses, you should be eligible for Chapter 13. However, you cannot have unsecured debts more than $336,900 and secured debts exceeding $1,010,650. So if you owed $2,000,000 – of course a lot – you would not be able to file. If you make that much money, and owe that much money, you may not be able to file any bankruptcy.</p>
<p><strong>Fine Print</strong><br />
Some of the next points may seem minor, but technically you can be denied a bankruptcy if you make these mistakes. If you fail to do credit counseling prior to filing, a requirement, you can be denied. If  you lie on filing documents, you can be denied. If you have property, you must list it, or you may be denied. If you file, you will have a meeting of creditors, a requirement if you want to file. For Chapter 7 bankruptcy, you must pay a $299 filing fee in order to be eligible, otherwise you will be denied. For Chapter 13 bankruptcy, you must pay a filing fee of $274.</p>
<p><strong>Avoid These Mistakes</strong><br />
If you want to avoid these mistakes, the best thing you can do is study bankruptcy law, consult with experts, and hire an experienced Texas bankruptcy lawyer. A lawyer can help ensure your bankruptcy goes through without any problems.</p>
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		<title>7 Ways an Experienced Texas Bankruptcy Lawyer Helps</title>
		<link>http://www.higginsandassociates.com/bankruptcy-articles/7-ways-an-experienced-texas-bankruptcy-lawyer-helps/</link>
		<comments>http://www.higginsandassociates.com/bankruptcy-articles/7-ways-an-experienced-texas-bankruptcy-lawyer-helps/#comments</comments>
		<pubDate>Sat, 04 Dec 2010 19:28:19 +0000</pubDate>
		<dc:creator>jmalewitz</dc:creator>
				<category><![CDATA[Bankruptcy Articles]]></category>
		<category><![CDATA[bankruptcy attorney]]></category>
		<category><![CDATA[Chapter 13 Bankruptcy]]></category>
		<category><![CDATA[chapter 7 bankruptcy]]></category>
		<category><![CDATA[file texas bankruptcy]]></category>
		<category><![CDATA[how a bankruptcy lawyer helps]]></category>
		<category><![CDATA[how much can you save with bankruptcy]]></category>
		<category><![CDATA[texas bankruptcy lawyer]]></category>
		<category><![CDATA[why file chapter 13 bankruptcy]]></category>
		<category><![CDATA[why file chapter 7 bankruptcy]]></category>
		<category><![CDATA[why hire a lawyer for bankruptcy]]></category>

		<guid isPermaLink="false">http://www.higginsandassociates.com/?p=737</guid>
		<description><![CDATA[1-Get Started with Bankruptcy Should you file Chapter 7 bankruptcy of Chapter 13 bankruptcy? What if you want to avoid foreclosure? These are the types of questions you may have in just getting started with bankruptcy. You can save yourself a lot of time and worry by working with an experienced Texas bankruptcy lawyer to [...]]]></description>
			<content:encoded><![CDATA[<p><strong>1-Get Started with Bankruptcy</strong><br />
Should you file Chapter 7 bankruptcy of Chapter 13 bankruptcy? What if you want to avoid foreclosure? These are the types of questions you may have in just getting started with bankruptcy. You can save yourself a lot of time and worry by working with an experienced Texas bankruptcy lawyer to help you see things such as the advantage of Chapter 7 and also how Chapter 13 can help avoid foreclosure.</p>
<p><strong>2-Save Money by Discharging Debts</strong><br />
You owe credit card debt. Or you owe a huge medical bill. Or you owe more on your mortgage than you can pay. Perhaps you recently lost your job and cannot keep up with bills. Or maybe you want to avoid losing your home because of a decrease in income. A lawyer can help in all these situations. For example, if credit or medical debt is your main problem, you may consider Chapter 7 bankruptcy to discharge the debt. You discharge debt with Chapter 13 too, but technically you are paying it back over the course of 3-5 years.</p>
<p><strong>3-Handle Creditors</strong><br />
If you&#8217;re phone is ringing off the hook, you may simply want to throw it across the room. Creditors are a problem for many of us. The good news is, once you file for bankruptcy, your Texas lawyer can handle your creditors. If they continue calling, refer them to your lawyer.</p>
<p><strong>4-Stop Wage Garnishment</strong><br />
One problem many Texas debtors have is making money at a job but it being taken away by wage garnishment. You may owe more than you can pay. Technically creditors can take some of your wages to pay back the debt, just like in some states they can take other property to pay back the debt. With a Texas bankruptcy lawyer&#8217;s help, you can avoid wage garnishment by discharging the debt.</p>
<p><strong>5-Avoid Foreclosure</strong><br />
Did you know with the Texas Homestead Exemption you can protect your home from almost all creditors? They simply cannot take it away if you owe them money. The only creditor who has the right to foreclose on your home is the lender, who, if you default, can take legal action against you. Even then, you may consider Chapter 13 bankruptcy to avoid the foreclosure. A lawyer can help with this.</p>
<p><strong>6-Avoid Car Repossession</strong><br />
If your car is in danger of being repossessed because you owe money on it, a bankruptcy can help, and so can a lawyer. You may want to file Chapter 7 bankruptcy to discharge some other debts, then affirm the debt on the car so you can keep it. You may make it part of your Chapter 13 debt repayment plan. A lawyer can help with these options.</p>
<p><strong>7-Fresh Start</strong><br />
Finally, Texas bankruptcy is a life changing event. You stand to save a lot of money by filing, but you need help to get there. You likely have many questions. You may have some concerns. In any case, it&#8217;s time to consider filing for help. But before you file, hire an experienced Texas bankruptcy lawyer.</p>
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		<title>Your Texas Foreclosure Options and Rights</title>
		<link>http://www.higginsandassociates.com/bankruptcy-articles/your-texas-foreclosure-options-and-rights/</link>
		<comments>http://www.higginsandassociates.com/bankruptcy-articles/your-texas-foreclosure-options-and-rights/#comments</comments>
		<pubDate>Tue, 30 Nov 2010 20:38:34 +0000</pubDate>
		<dc:creator>jmalewitz</dc:creator>
				<category><![CDATA[Bankruptcy Articles]]></category>
		<category><![CDATA[Chapter 13 Bankruptcy]]></category>
		<category><![CDATA[chapter 13 eligibility]]></category>
		<category><![CDATA[chapter 7 bankruptcy]]></category>
		<category><![CDATA[chapter 7 eligibility]]></category>
		<category><![CDATA[texas bankruptcy lawyer]]></category>
		<category><![CDATA[texas chapter 13]]></category>
		<category><![CDATA[texas foreclosure options]]></category>
		<category><![CDATA[texas foreclosure rights]]></category>
		<category><![CDATA[texas homestead exemption]]></category>

		<guid isPermaLink="false">http://www.higginsandassociates.com/?p=727</guid>
		<description><![CDATA[You have a right to keep your home, but there is some fine print. What many confuse is the fact that Texas bankruptcy and foreclosure are each unique from all other states. All states have different bankruptcy and foreclosure laws, but you can use Texas laws to your advantage. The most important law to understand [...]]]></description>
			<content:encoded><![CDATA[<p>You have a right to keep your home, but there is some fine print. What many confuse is the fact that Texas bankruptcy and foreclosure are each unique from all other states. All states have different bankruptcy and foreclosure laws, but you can use Texas laws to your advantage. The most important law to understand is the Texas Homestead Exemption. You should also understand how Chapter 7 and Chapter 13 bankruptcy filings can protect your home. This blog guide will help.<br />
<strong><br />
The Homestead Exemption</strong><br />
The Texas Homestead Exemption is a unique law in that you can protect your home from most creditors no matter how much you make or how much you owe. The law is fairly complex, but in practical terms it means creditors cannot take your home if you owe money. The home lender can take the home if you stop making payments, but if you owe credit card debt, medical debt, or other forms of debt, the law protects these creditors from using your home to pay back the debt. So if you owe $25,000 in credit card debt, the credit card company can use legal means to get the money, but they cannot take your home. If you owed $50,000 in medical bills because you lack coverage, the story is the same – your home cannot be used to pay back the bill. In other states, laws are less helpful. But in Texas, if you owe some unsecured debts, these cannot be used to take your home.</p>
<p><strong>Chapter 7 Bankruptcy Option</strong><br />
Chapter 7 bankruptcy is also unique to Texas, but mainly in eligibility rules. Find out the current median income in Texas when you are considering filing bankruptcy. If you make more, there is a good chance you are not eligible. On the other hand, if you make less than average, or recently had a decrease in income, it&#8217;s likely you can file. And you can use a Chapter 7 bankruptcy to discharge debts outside your secured assets. So you could continue to pay on your home and car, affirming the debts, but discharge a large credit or medical bill. This can be quite helpful, but can also get quite technical. You should definitely hire an experienced Texas bankruptcy attorney if you&#8217;re considering this option.<br />
<strong><br />
The Chapter 13 Bankruptcy Option</strong><br />
Chapter 13 bankruptcy can often be more effective in protecting your home than Chapter 7 bankruptcy. You may make too much money. You may want help in paying back your secured debts, such as your home and car. In these situations, a Chapter 13 repayment plan allows you to pay back debts over 3-5 years. If you file correctly, you can avoid a foreclosure, along with buying yourself time to pay on other debts.<br />
<strong><br />
Foreclosure Help</strong><br />
If you are trying to avoid foreclosure, don&#8217;t overreact. Instead, you should take action. You should consult with an experienced Texas bankruptcy attorney. You should find out ways to save money, property, and assets. Once you understand your options, you can avoid a foreclosure.</p>
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		<title>What is Your Texas Bankruptcy Lawyer&#8217;s Job?</title>
		<link>http://www.higginsandassociates.com/bankruptcy-articles/what-is-your-texas-bankruptcy-lawyers-job/</link>
		<comments>http://www.higginsandassociates.com/bankruptcy-articles/what-is-your-texas-bankruptcy-lawyers-job/#comments</comments>
		<pubDate>Tue, 23 Nov 2010 03:48:38 +0000</pubDate>
		<dc:creator>jmalewitz</dc:creator>
				<category><![CDATA[Bankruptcy Articles]]></category>
		<category><![CDATA[bankruptcy attorney]]></category>
		<category><![CDATA[Chapter 13 Bankruptcy]]></category>
		<category><![CDATA[chapter 13 plan]]></category>
		<category><![CDATA[chapter 7 bankruptcy]]></category>
		<category><![CDATA[hiring a texas bankruptcy lawyer]]></category>
		<category><![CDATA[texas bankruptcy lawyer]]></category>
		<category><![CDATA[texas homestead exemption]]></category>
		<category><![CDATA[using a bankruptcy lawyer]]></category>

		<guid isPermaLink="false">http://www.higginsandassociates.com/?p=714</guid>
		<description><![CDATA[A bankruptcy lawyer can be, for some time, the most important legal counsel you have. He or she has to advise you on how the laws work, help you discharge the most debt at the least loss, and allow for you to reap the rewards of a successful bankruptcy. In other words, your lawyer is [...]]]></description>
			<content:encoded><![CDATA[<p>A bankruptcy lawyer can be, for some time, the most important legal counsel you have. He or she has to advise you on how the laws work, help you discharge the most debt at the least loss, and allow for you to reap the rewards of a successful bankruptcy. In other words, your lawyer is your #1 when it comes to filing bankruptcy. Always hire an experienced lawyer if you are going to file. Why? As noted, the help is tremendous. Let&#8217;s go into more detail.<br />
<strong><br />
Advise You</strong><br />
A lawyer should advise you on any and all legal concerns you might have. While this is in general, with specifics such as handling creditors and discharging debt, you are also going to be making some big decisions. If you fail to capitalize on bankruptcy, it may hurt your credit and leave you with little to show for it. Should you choose Chapter 7 bankruptcy? This can eliminate large amounts of debt, such as credit card and medical monies owed. Is Chapter 13 bankruptcy better in some situations? It can help you protect your home. What is the Texas Homestead Exemption? It&#8217;s an innovative law, in that it helps you in incredible ways. These are the laws, options, and decisions you have, and unless you&#8217;re a bankruptcy lawyer, hiring one is essential.</p>
<p><strong>Handle Creditors</strong><br />
Once you file bankruptcy, the automatic stay will stop all collections against you. At the end of the bankruptcy, most of your debts will be gone. Creditors may appeal your right to bankruptcy, or try to harass you even during the bankruptcy (which is rare). So what can you do? Let them speak to your lawyer; that&#8217;s what you pay him or her for. Your lawyer can handle any creditor issues, which can be a great relief.</p>
<p><strong>Discharging Your Debt</strong><br />
Chapter 7 bankruptcy can be quite powerful in eliminating the most common forms of debt, namely credit card and medical. You have a $25,000 credit card bill because you lost your job … you owe the hospital $50,000 because your spouse has no medical coverage … you owe more money than you make in an entire year. What next? These are atypical situations where a Chapter 7 bankruptcy can truly give you a fresh start. You can discharge most all debts here, even your mortgage if you so choose (though you stand to lose the home). On the other hand, if you have more assets, can you protect them?</p>
<p><strong>Protecting Your Assets</strong><br />
Yes, you can protect assets. Chapter 13 bankruptcy is quite useful if you want to protect your home from foreclosure. Say you are falling behind on payments because of other debts, but you do have an income. If you can afford to make some payments, you have a very good chance of protecting your home. Also, if you keep up on your mortgage, but not other debts, you can use the Texas Homestead Exemption to avoid creditors seizing your home. This can be tricky and a lawyer is important.<br />
<strong><br />
Fresh Start</strong><br />
Bankruptcy is not for everyone. But if you do file, do so with an experienced lawyer. The decisions you make, the debts you discharge, the assets you save – these can change your life. If you are unsure if bankruptcy is your best option, many experienced lawyers offer free initial consultations.</p>
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		<title>Beyond Technical Details, How Does a Bankruptcy Lawyer Help?</title>
		<link>http://www.higginsandassociates.com/bankruptcy-articles/beyond-technical-details-how-does-a-bankruptcy-lawyer-help/</link>
		<comments>http://www.higginsandassociates.com/bankruptcy-articles/beyond-technical-details-how-does-a-bankruptcy-lawyer-help/#comments</comments>
		<pubDate>Fri, 29 Oct 2010 20:35:24 +0000</pubDate>
		<dc:creator>jmalewitz</dc:creator>
				<category><![CDATA[Bankruptcy Articles]]></category>
		<category><![CDATA[bankruptcy attorney]]></category>
		<category><![CDATA[Bankruptcy Court]]></category>
		<category><![CDATA[Chapter 13 Bankruptcy]]></category>
		<category><![CDATA[chapter 13 eligibility]]></category>
		<category><![CDATA[chapter 7 bankruptcy]]></category>
		<category><![CDATA[chapter 7 eligibility]]></category>
		<category><![CDATA[choosing a texas bankruptcy attorney]]></category>
		<category><![CDATA[how a bankruptcy lawyer helps]]></category>
		<category><![CDATA[texas bankruptcy lawyer]]></category>
		<category><![CDATA[what a bankruptcy lawyer does]]></category>

		<guid isPermaLink="false">http://www.higginsandassociates.com/?p=678</guid>
		<description><![CDATA[Beyond saving you money by discharging a large debt or protecting your home from foreclosure, just what can a bankruptcy lawyer do? An experienced Texas bankruptcy lawyer is not a therapist or a doctor or a mechanic, but a good one gives you more value than just the technical details of filing bankruptcy. Your Options [...]]]></description>
			<content:encoded><![CDATA[<p>Beyond saving you money by discharging a large debt or protecting your home from foreclosure, just what can a bankruptcy lawyer do? An experienced Texas bankruptcy lawyer is not a therapist or a doctor or a mechanic, but a good one gives you more value than just the technical details of filing bankruptcy.</p>
<p><strong>Your Options</strong><br />
A good bankruptcy lawyer does not just give you numbers; a good one gives you options. Say you owe $50,000 on your credit cards, and are falling behind on your mortgage. This is a tough situation, but beyond simply filing paperwork, how can you best understand what needs to be done? An experienced lawyer should educate you on how Chapter 7 might help, what the differences of Chapter 13 are, and if, perhaps, bankruptcy isn&#8217;t your best option.</p>
<p><strong>Your Rights</strong><br />
You almost always have a right to file for bankruptcy help. And many of us are unaware of all our rights for this help. You may have a certain creditor calling you so much you&#8217;re considering either never picking up the phone again or changing your number. You may have a debt you believe is incorrect. People&#8217;s right are abused on a daily basis; a good lawyer explains your rights and protects them. If a creditor is crossing the line, for example, a lawyer can stand up for you.<br />
<strong><br />
Educates You</strong><br />
A good Texas bankruptcy lawyer does more than fill out documents, appear at meetings, and settle your case in court. You can likely learn a lot from your lawyer on what happens in bankruptcy court, with your trustee, and how debts can be eliminated. While you may never have to file again, if a life emergency comes in 10 or 20 years down the line, what you learned, even the basics, can be invaluable.<br />
<strong><br />
Your Financial Future</strong><br />
If you file bankruptcy, it does not always mean you always made bad decisions, but sometimes you have to admit you made some mistakes. You might have went on some spending sprees or spent paychecks before you even got them. A good bankruptcy lawyer should help you plan for after. He or she may not be a financial consultant, but an experienced lawyer explains what got you into this situation and how you can avoid it in the future.</p>
<p><strong>What You Might Change</strong><br />
How can you avoid a second bankruptcy? What can you do to avoid losing a home again? When is it possible to have wages garnished? A good lawyer spends half his or her time answering client questions, and offering answers on how you might avoid making the same mistake twice. This may be beyond financial choices: it could be on the importance of medical coverage in times where medical bills are the leading cause of bankruptcy; it could be avoiding certain kinds of loans.</p>
<p>While not all Texas bankruptcy lawyers are capable of helping beyond the basics, you should hire one you can communicate with and who you can learn from.</p>
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