Bankruptcy FAQs2022-07-07T18:58:35-05:00

Bankruptcy FAQs

Texas Bankruptcy Questions

Bankruptcy can be an intimidating option for many people. Although filing for bankruptcy is often attached to a negative social stigma, it can be a great option for those in need of financial protection.., Bankruptcy remains a reasonable legal option when debt begins to accumulate at overwhelming rates. Due to the many questions that may arise when contemplating filing bankruptcy, we have answered some of the most common questions to help you understand the benefits of bankruptcy in a time of need.

In some cases with Chapter 7 bankruptcy, people suffering severe debt will sell a number of assets in order to pay certain creditors as much as possible. In other cases, these types of bankruptcies are labeled as “no asset” bankruptcies. This means it is not required for assets to be sold during the process. Chapter 7 bankruptcy is useful to become free of some debt and in order to pay off portion of principal balances of unsecured debts. Unsecured debts might be matters such as credit cards and medical expenses.

Oftentimes, people who have experienced a long interval of unemployment will file for Chapter 7 bankruptcy. These unemployment cases might be the result of medical issues that prevented persons from working. Furthermore, people with fewer assets might find Chapter 7 bankruptcy more beneficial.

Chapter 13 bankruptcy reorganizes a person’s debt into a manageable payment plan. Most often, these payment plans are scheduled into three- or five-year plans. On average, Chapter 13 bankruptcy is easier to qualify for. In addition, this type of bankruptcy allows for a person to keep assets such as homes and cars.

Chapter 13 bankruptcy is also referred to as a “wage earners” bankruptcy since it is designed for persons who have a regular source of income. Therefore, a person who receives a normal income might file for this type of bankruptcy.

In most cases of Chapter 13 bankruptcy, a person does not run the risk of losing his/her home since this type of bankruptcy allows the debtor to remain in possession of their hard-earned assets.
A bankruptcy discharge relieves a debtor of certain types of debt by releasing personal liability. In this case, a debtor is not legally liable to pay any debts that have been discharged. discharges are permanent and they disallow creditors from taking any action on discharged debts.
It is unpermitted for an employer to fire or discriminate against an employee because the employee filed for bankruptcy. In addition, an employee cannot be demoted, receive a reduced salary, or be removed from responsibilities as a result. If a person is discriminated against, or fired, because the employee chose to file for bankruptcy, the employer may suffer consequences of such action(s).
In general, bankruptcy might slightly affect a person’s credit score. However, most of the time, it will not cause extreme damage to a debtor’s credit score. Of course, this depends on a number of factors, one of the most important deals with how high or low a person’s credit score was prior to filing. Most often, a person filing for bankruptcy already has a low credit score, making bankruptcy less of an impact concerning the credit score. On the other hand, a person who had a good credit score prior to filing bankruptcy might notice a greater impact on their credit score. In addition, a debtor’s credit score may depend on the debtors debt-to-asset ratio.
Yes. Filing for bankruptcy and receiving a “discharge” of your debt removes the majority of your debt forever. The discharge is a Federal Court Order and if the creditor reports a discharged debt on your credit report or attempts to collect the debt, you may be able to file a lawsuit against them. Some debt, like taxes, child support, student loans, court restitution, and mortgage can be included in bankruptcy but may not be fully discharged upon completion of the plan.
No. This not true. Bankruptcy allows you to get rid of certain debts without ever having to pay for them. This means only creditors and people you tell will ever know you filed for bankruptcy.
No, you will not lose everything you have. In fact, most people who file for bankruptcy will not lose anything. In most states, there are exemptions that safeguard houses, cars, household furnishings, wages, retirement plans, and personal injury claims.
Yes. There are no restrictions or laws that state you are not allowed to purchase homes, household goods, furnishings, or cars one you receive your discharge in bankruptcy.
Research shows you will be more likely to get credit after you have filed bankruptcy than if you do not file at all. This is because bankruptcy removes the debts you cannot afford to pay. This allows you to be in a position to take on more credit while paying off any leftover debts on time. In addition, having less debt to pay makes you look more appealing to lenders.
This is a common misconception. In most cases, bankruptcy is reported on your credit report for 10 years. However, because something is reported on your credit report does not mean it will have a negative effect on your standing.
Many people fear the thought of bankruptcy because they think it is difficult to accomplish. However, an experienced bankruptcy attorney can make the process as seamless and comfortable as possible. They can explain what will happen, what you can expect, and how they can help you and your family achieve a happier future as soon as possible.
No, it is unlawful to do so. According to laws, you must list all debts and properties. A skilled Dallas bankruptcy lawyer can explain how this can actually help you rebuild a better life.

Due to the complexities of such a matter, it is important that individuals considering bankruptcy seek experienced legal advice as soon as possible. The Dallas bankruptcy lawyers at Allmand Law Firm, PLLC understand the stresses that come from bankruptcy worries and concerns. For this reason, our bankruptcy attorneys are available to help you and your family achieve financial freedom. Here at our firm, we do not believe that bankruptcy defines a person.

We work hard to show you the various options that are available for your specific needs and will stand by our clients throughout the entire process.

To discuss your case,contact our firm today! You are not alone. Allmand Law Firm, PLLC is here.

Debt settlement programs rarely work as advertised and forgiven credit card debt is treated as an income by the IRS so, you might end up having to pay taxes on it.

Bankruptcy can help reduce or eliminate penalties and interests associated with outstanding tax debt.  

With bankruptcy, discharged debts have no income tax consequences and it is excluded from gross income. With other debt relief programs you risk the possibility of receiving a tax bill after your debt has been canceled, but that’s not the case with bankruptcy.

Without doubt you should still file your taxes. Even though you aren’t able to make payments, filing your taxes and not paying immediately will put you in a much better position than if you don’t file at all.

Taxing authorities must immediately stop garnishing your wages as soon as they receive the notification of bankruptcy, no matter the type of tax that you owe.

They are not obligated to ensure that you received the Notice. It is possible that the Notice was mailed to your previous mailing address.

Yes, they’re permitted to send the notice to your home or work place.

The IRS first has to send you a Notice and Demand for Payment. If you refuse or neglect the notice, they’ll then issue a Final Notice. 

No, it would be against the law. Your employer was sent an official notice giving them the amount to hold back and cannot refuse the garnishment.

Yes, it is legal for the IRS to garnish your wages due to taxes owed. According to federal law, the payments are limited by 25% of your income. However, they’re permitted to continue garnishing your wages until the entire debt is paid in full.


 

If your case is dismissed, it’s not the end of your bankruptcy process. You really need to come to our office and explore your legal options. The reason being, after you filed a bankruptcy case regardless of whether it’s discharged or dismissed, it’s still gonna show up on your credit. There are some options regarding refiling your case, if you need some eligibility requirements which allow you another crack at the process to be able to get your relief from your creditors and complete a successful case. Or there’s an option in Chapter 13 to convert over to a Chapter 7. You may have to surrender some collateral like a house or car but at least you’ll be able to get a discharge of all your unsecured creditor. So you can at least get somewhat a fresh start going forward after the dismissal.

 

 

 

 


 

 

 

 

 

 


If you’ve retained our office to file a Chapter 7 Bankruptcy case and you’ve been making your minimum payments in order to take care of our attorney’s fees so that we can file your case but somehow you’re fall behind on the payments of your car and that threatening to repossess, you must immediately call our office and schedule an appointment to come in. At Chapter 7 Bankruptcy case will allow you to discharge all unsecured debt but it won’t let you save a car if you fall behind your payments. Instead, you would need to file a Chapter 13 Bankruptcy case so we can pay back that car over 3 or 5 year repayment plan so you’d be able to save the car and not have it repossessed.

Once you decide that you retained a bankruptcy attorney and you’re going to file a Chapter 7 Bankruptcy case in the near future, you cannot use your credit cards. And the reason is if you’d continue to use your credit cards and you have no intentions of paying them back that is bad faith. Every single credit card company does a check and reviews their files when someone files for bankruptcy. If you have a Visa card and 3 months before filing the bankruptcy case you exhaust the limit and you charged a 7000$ or 8000$ of purchases on there and turn around and file a bankruptcy case, you can guarantee that it’s going to draw some red flags by your Visa company and they’re going to send you a notification that they want you to pay that back or object to your Chapter 7 Bankruptcy discharge. So it’s a good rule of thumb that if you do not intend to repay it, and you know that you’re gonna be filing bankruptcy don’t make the charge.

Not every one is eligible to file a Chapter 7 Bankruptcy. Some of the eligibility requirements to file a Chapter 7 Bankruptcy case is that you must have not filed a Chapter 7 and received a discharge in the prior 8 years before filing of the current case. You cannot also have received a Chapter 13 discharge within 6 years of filing the current case. Those are basic requirements as far as filing. Also, we have to look at your income and your expenses. In 2005 Congress changed the bankruptcy law to make it more standardized and we have to fill out a form, it’s called a B22 form where we list your 6 months of gross income as well as income and expenses associated with your family size, and where you live. And after we do that, if you’re below a certain level, you’re eligible to Chapter 7 Bankruptcy. The theory behind this is, if you can afford to pay something back towards your unsecured debt, then the Courts and the Congress want you to go instead with a Chapter 7 to a Chapter 13 Bankruptcy plan which is a repayment plan.

 


 


 

When you file for bankruptcy, there are several tests that you must meet in order to complete a successful Chapter 13. Number one is Feasibility . What that means is when you file the case and we say,”We wanna pay back these creditors and we’re gonna make a payment of 1000$ a month we have to demonstrate to the trustees and the court that you have resources and the funds to make that 1000$ payment. And when we look at your income and your expenses and we show that you can only make a 500$ payment that’s gonna trigger a feasibility objection. So in order to pay the creditors you want to pay and keep the property that you want to keep, you’re gonna need to find another way to make up that income. There’s a couple of ways to do that: Number one is you can get another or second job or another source of income whether it’s from employment or whether some contribution from a family member or a friend who’s willing to make those payments toward you to make up the difference or you’re willing to reduce some expenses to you’ll have necessary surplus of a 1000$ to make your plan payment. Another test that you have to file when you file for bankruptcy is disposable income. What that means is if you have a lot of income, more income that you need to get caught up on the things that you want to pay for. We look at your income and expenses and devote a certain amount of your monthly surplus towards your unsecured creditors and if we’re not devoting enough where the trustee objects then we have to prove that up and pass that test. There’s one other additional test and it’s called the best interest of your creditors. And that means if you file a Chapter 13 bankruptcy case and you have some investment property or you have some stocks or bond that are above the standard amount that we can accept, you could liquidate that property and pay back your creditors therefore you have the opportunity to either convert and file a Chapter 7 bankruptcy case, liquidate that property and pay your creditors or stay in the 13 and pay back the difference that the creditors would have received if you had liquidated it.

 

 

 

Bankruptcy cost depending on each individual situation. I have a post in my office that we do not quote attorney’s fees over the phone. That’s not what usually happens with most of my competitors. They will have somebody call up to their office and say “How much you charge for Chapter 7?” or “How much you charge for Chapter 13?” and give them a quote. My theory behind that is, I wanna quote the correct amount of attorney’s fees based on the individual situation of my clients. If somebody has a very easy case with relatively low work, I’m gonna quote them a low fee. If they have a complicated case, I’m gonna quote them a higher fee in order to make sure that I get all the work that needs to be done, Done. My theory is that if somebody quotes fees on the phone, there’s only two things that are happening. 1. They are either charging not enough which means that they are going to resent the work that they’ve done on your file and try to cut corners potentially or 2. They charge you with way too much. And if they charge you too much, they’re basically ripping you off. So that’s why I visit with every single client individually. I write an action plan that what needs to happen in your case and quote you fee that is custom to your actual individual bankruptcy case.

 

 

 

 

 

 

 

 

 

 

 

Question

Once you file for bankruptcy you are not able to use credit until after your bankruptcy case is completed. This is very important. You need to list everyone that you owe money too, you put them all on your bankruptcy schedules, you cut up all your cards and you start to use cash to make your purchases.

Answer

After your bankruptcy case is complete you are going to be surprised about how many offers of credit that you will receive. When you receive those new offers then you want to read the terms, you find the one that has the most favorable terms possible and you use it responsibly. If you have any more questions regarding bankruptcy, feel free to call Allmand Law Firm PLLC at 214-884-4020 or go to our website at – https://allmandlaw.com/.

 

Question

I Cannot Find My Tax Returns. What Can I Do?

Answer

If you can not find your tax returns it is necessary that we provide these to the Chapter 13 trustee. However were able to have you feel out an IRS form called 4506T and what this does is it allows us to have a limited power of attorney, to go directly to the IRS and get a tax transcript. I have that necessarily registration with the IRS so I am able to get you to sign that form. I will send it to them, I will call up there hotline, and I will have them send me those transcripts. Even if you don’t have a copy anymore as long as it is filed I will able to get the information needed. If you have any more questions regarding bankruptcy, feel free to call Allmand Law Firm PLLC at 214-884-4020 or go to our website at – https://allmandlaw.com/.

 

Question

I Want To Transfer An Automobile To My Children. Can This Be Done?

Answer

If you file for bankruptcy and you are currently are in a case where you exempted the vehicle and it is fully exempt, and you need to transfer it. You will need to call our office and we will tell you the best way to go about transferring that property. If you have any more questions regarding bankruptcy, feel free to call Allmand Law Firm PLLC at 214-884-4020 or go to our website at – https://allmandlaw.com/.

Question

If I Am On Someone Else’s Credit Card, Will it Hurt Them?

Answer

If you file for bankruptcy and you have a credit card, and on that credit card there is another party who is a co debtor on that card, who is not filing bankruptcy . It will not effect them negatively that you filed for bankruptcy. What I mean by that is it will not show up on that persons credit that you filed. However since they are a co debtor the bankruptcy will only discharge the debtors obligation, and the creditor can still go to the co debtor to seek repayment. If you have any more questions regarding bankruptcy, feel free to call Allmand Law Firm PLLC at 214-884-4020 or go to our website at – https://allmandlaw.com/.

Question

I Am Set Up On An ACH With A Creditor, What Should I Do?

Answer

If before filing bankruptcy you made payment arrangements for one of your creditors to allow access to your bank account to draft funds, my advise is to close that bank account and set up a new bank account. Even though in the bankruptcy AI can discharge the debt in full. If you authorized a draft it is part of commercial paper that they are able to go ahead and execute that draft. The only way to prevent it is to set up a new bank account. If you have any more questions regarding bankruptcy, feel free to call Allmand Law Firm PLLC at 214-884-4020 or go to our website at – https://allmandlaw.com/.

Question

I have things in storage and I wanted to include the balance in my bankruptcy?

Answer

If your filing for bankruptcy and you have storage fees associated with some belongings that you have in storage. You are able to list those obligations for that lease. To get current on that you will have to resume making those regular payments as long as you want to keep the storage lease. If you have any more questions regarding bankruptcy, feel free to call Allmand Law Firm PLLC at 214-884-4020 or go to our website at – https://allmandlaw.com/.

Question – Can I Buy a House or a Car While I’m in Bankruptcy?

Answer – Yes you can. If you need to purchase a house or a car you have to file a motion with the bankruptcy court to approve that purchase, and the terms of those purchases. We will be able to assist you with that process. There are additional attorney fees that are involved, so you should call our office to discuss that. If you have any more questions regarding bankruptcy, feel free to call Allmand Law Firm PLLC at 214-884-4020 or go to our website at – https://allmandlaw.com/.

I want to know how much and when my trustee payment is due?

Question

I am Considering Divorce While Involved in the Bankruptcy Case. Will this Negatively Impact My Case?

Answer

If you go through a divorce after your bankruptcy is filed you are required to file a motion with the bankruptcy court to lift the bankruptcy stay, to divide the community property associated with your bankruptcy divorce. During that process you are probably represented by a family law attorney. They should file this motion with the court, and if they have any questions they can contact our office at questions@allmandlaw.com If you have any more questions regarding bankruptcy, feel free to call Allmand Law Firm PLLC at 214-884-4020 or go to our website at – https://allmandlaw.com/.

 

 

Question

Can I Reduce Trustee Payments After I Reduced My Income?

Answer

If your income has dropped since you have filed the case, what I will need to see is pay stubs, a cover letter stating what the differences are, and you will need to email those to my office at questions @allmandlaw.com. In most situations I am not able to change your bankruptcy plan payment. The reason is because you are probably already paying the minimum payment needed to catch you up on a house or pay for a car. In most cases the unsecured debts like medical bills or credit cards are not receiving any funds. So if you are still not going to b able to make that payment, you know that your wages are permanently reduced, you should come into our office and visit with us about long term solutions to your financial problem. If you have any more questions regarding bankruptcy, feel free to call Allmand Law Firm PLLC at 214-884-4020 or go to our website at – https://allmandlaw.com/.

Question

Can I Get an Extension on the Notice of Default?

Answer

If you are behind on your mortgage and we did a agree to order to catch you up and after that you defaulted again and there is a notice of default that is filed with the court, we will not be able to reverse that unless we have compelling facts of why you were in default. For example if they day that you missed a mortgage payment and you have proof that you did make it we can then file a motion with the court to reconsider that. If you were behind and you do not dispute the claims or you can’t prove that you did make the payments, then the notice of default will stand. If you have any more questions regarding bankruptcy, feel free to call Allmand Law Firm PLLC at 214-884-4020 or go to our website at – https://allmandlaw.com/.

Question – Can I Make My Mortgage Payment Late if I am Under an Agreed Order?

Answer – Once you are under an agreed order you can not make payments late, or you can not skip payments. It is the absolute final chance that you have in the bankruptcy process. If you are not able to do that then you should meet with our office to discuss other options regarding your mortgage. If you have any more questions regarding bankruptcy, feel free to call Allmand Law Firm PLLC at 214-884-4020 or go to our website at – https://allmandlaw.com/.

Question

What Happens When I Enter an Agreed Order to Add My Mortgage Arrears to my Bankruptcy?

Answer

If you fall behind on your mortgage payments after we file your bankruptcy case there are several options that we can develop. We can provide that those bankruptcy mortgage payments be added to your bankruptcy so that we can spread out that arrears over a extended period of time, or we can get you up on a repayment plan, where you are going to make your regular mortgage payment and a catch up payment to catch those up. Regardless you are going to have to enter into a agreement with a creditor and that agreement will provide that bankruptcy was your second chance, and the fact that you fell behind again on your mortgage is going to mean that you are going to have to stay current, going to have to make the payment when it is due on the note. So if your payment is due on the first you have to make it on the first. The fact that you have a 15 day grace period before you get late charges does not change your due date, does not change your plan payment amount or where you need to send it. If you default on that the terms of your agreement will provide what happens. In several situation or the majority of them you are able to get a couple default notifications that you are in default. If you receive that and you do not cure it then the bankruptcy protection will be removed and the mortgage company will foreclose on you even while you are in bankruptcy. If you have any more questions regarding bankruptcy, feel free to call Allmand Law Firm PLLC at 214-884-4020 or go to our website at – https://allmandlaw.com/.

Question – What Happens if the Stay Terminates on My Home?

Answer – If the bankruptcy stay terminates on your home that means that even though your in bankruptcy, your creditor can pursue all there legal remedies they can pursue if you were not in bankruptcy. This includes foreclosure, and having your house sold and evicting you from your house. If you have any more questions regarding bankruptcy, feel free to call Allmand Law Firm PLLC at 214-884-4020 or go to our website at – https://allmandlaw.com/.

 

Question – Why Do I Need to Submit a New Wage Order When I Modify My Plan?

Answer – When we modify your bankruptcy plan we are changing your plan payments. This means that we have to get with your employer and change the terms and amount of your wage order. The only way we can do that is by filling out a new wage order form. If you have any more questions regarding bankruptcy, feel free to call Allmand Law Firm PLLC at 214-884-4020 or go to our website at – https://allmandlaw.com/.

Question

I am taking the credit counseling and I do not know all of the amount that I owe. Is it necessary?

Answer

When you are completing the credit counseling course you are supposed to do it to the best of your knowledge. If you do not know exact dollar amounts you can always do your best approximate estimate of your expenses and your income. If you have any questions about it or you are not sure, you can list your best guess and then when you talk to a counseling agent they will be able to answer your questions and explore that and still get you your certificate. If you have any more questions regarding bankruptcy, feel free to call Allmand Law Firm PLLC at 214-884-4020 or go to our website at – https://allmandlaw.com/.

Question

My car creditor keeps calling me. Can I tell them we have retained an attorney to handle this matter or do I just need to let you guys handle them?

Answer

After you decided you are going to file a Chapter 13 bankruptcy case and your strategically waiting a few weeks to come up with the funds or the time the filing where it is going to be the most convenient for you, it is my advice not to tell your car creditor that you intend to file for bankruptcy. Under state law if your behind on your car note the creditor is within their rights to go and repossess your car at anytime. So that it why I tell you to just delay you never want to deceive, but put off the car creditor, proceed with the bankruptcy and allow us to notify them as soon as the bankruptcy case is on file. If you have any more questions regarding bankruptcy, feel free to call Allmand Law Firm PLLC at 214-884-4020 or go to our website at – https://allmandlaw.com/.

Question

I Do Not Have My Paperwork for the Bring Back Appointment Completed. Can I Reschedule?

Answer

When you retain our office we give you a packet of information that we need you to fill out and bring back to you. It is a form you feel out with certain information so that we know about your property, some yes or no questions (to get a feel about your financial situation). As well we give you a list of documents that we you need to bring in with you. This is quite a bit to come up with, and we try to schedule that appointment where it will be convenient for you. Once you make that commitment to schedule that appointment, we ask that you show up, you bring the most documents that you have and filled out to the best of your ability. We are here to help, so we will help you fill out that form. Will complete the appointment. If we have enough information will schedule a follow where you will send in the missing documentation. You can fax those or drop those off to our offices. However you must attend that appointment in order for us to honor the low fees that we are quoting you up front. If you reschedule that takes up additional resources and time in our office, and we want to pass those savings on to you because we know that you are in a tough financial situation. If you have any more questions regarding bankruptcy, feel free to call Allmand Law Firm PLLC at 214-884-4020 or go to our website at – https://allmandlaw.com/.

Question

I Can’t Make a Payment Today What Do I Do?

Answer

If you know that you are not going to be able to make a trustee payment (the next one that is due) you need to contact our office to discuss your options. In addition if you know that you are not going to be able to make your monthly mortgage payment you should also discuss different options with us at that time. There must be some underlying reason why you are not able to make that payment, and that is what we know. We need to determine if this is going to be a short or long term issue. Wanting to have additional funds to buy your children a gift, or to account for the holidays, or to take a vacation. These are things that we are not going to be able to help you with. However if you are not able to make your payments because you have had a reduction in income, or a medical situation had arose, we need to know about that so that we can help you as much as we can. If you have any more questions regarding bankruptcy, feel free to call Allmand Law Firm PLLC at 214-884-4020 or go to our website at – https://allmandlaw.com/.

Question

How Do I Obtain My Balance of Attorney Fees?

Answer

If you are curious about how much you still owe on the attorneys fees in order to get your case filed, you are able to look up your most recent invoice or your retainer agreement and reference how much you have paid in versus how much is still owed. If you are getting very close to having paid off your entire attorneys fees that you are required to pay to file your case, then you can call our office and get that amount, and we will make sure that you pay the exact amount needed to get that bankruptcy case filed. If you have any more questions regarding bankruptcy, feel free to call Allmand Law Firm PLLC at 214-884-4020 or go to our website at – https://allmandlaw.com/.

Question

What is a Chapter 7 Bankruptcy?

Answer

A Chapter 7 bankruptcy is a form of bankruptcy that a consumer can file. Basically what a chapter 7 is, is that it allows you to discharge all of your unsecured debt. In order to qualify you can not have filed chapter 7 bankruptcy case in which you received a discharge in the prior 8 years. You also have to pass an income test. If you do both of those things we are able to get your chapter 7 filed, and liquidate all of your unsecured debt in approximately 4-6 months. If you have any more questions regarding bankruptcy, feel free to call Allmand Law Firm PLLC at 214-884-4020 or go to our website at – https://allmandlaw.com/.

Question

Do I Need to File All of My Tax Returns?

Answer

When you file for bankruptcy you are required to have filed all of your tax returns that were outstanding that you have not filed. Often times there are people that are not required for various reasons. For example you may not have made enough income to require filing. You may be receiving social security benefits that are below a certain threshold requiring it. However if you were required to file taxes and you have not you should take this opportunity to get all of those filed and receive advise from us on which taxes. If you do have tax liability we’re able to discharge and which ones we are not. Because bankruptcy after all is about a fresh start and you want to make sure that all of your financial issues are up to date, you are able to get that fresh start on your debt as well as not have any IRS issues lingering after the case is filed. If you have any more questions regarding bankruptcy, feel free to call Allmand Law Firm PLLC at 214-884-4020 or go to our website at – https://allmandlaw.com/.

Question

What is Chapter 13 Bankruptcy and How Does it Work?

Answer

A Chapter 13 bankruptcy is a type of bankruptcy in which you make payments every month. Often times chapter 13 are filed by clients who are not eligible to file a Chapter 7 bankruptcy because they need to pay something back toward their creditors. Also by people who are facing foreclosure, who are behind on their mortgage payments, behind on there car payments and they want to take the opportunity to get current or re structure their car note in bankruptcy to more favorable terms. People who are behind on IRS taxes. One of the biggest benefits of a chapter 13 bankruptcy case for taxes is as soon as we file the case is freezes all penalties and all interest as well as certain tax years are discharged without you having to make any payments back toward them. So a chapter 13 is the most powerful consumer credit consolidation that you could ever hope for. It has the federal law behind it and it is able to get caught upon the things that you want to get caught up on and to discharge the things that you need to discharge.

 

 

 

 

Dallas Bankruptcy Lawyer Reed Allmand discusses vehicle repossession and how it is a common reason for bankruptcy filings. If you are facing auto repossession or other debt-related problems, Allmand Law Firm, PLLC is available to help you learn more about your rights and available options! If you have any more questions regarding bankruptcy, feel free to call Allmand Law Firm PLLC at 214-884-4020 or go to our website at – https://allmandlaw.com/

Question

I have Parking, Speeding and other Municipal/ County Violations. Can These be Discharged?

Answer

Other types of violations that are under state statutes and state law and federal law, the actual liability can be discharged in bankruptcy. However you should still pay that debt back because bankruptcy will not stop them from being able to take criminal action against you in the form of suspended licenses, or jail time, or other criminal violations. If you are required to pay criminal restitution or you have a ticket or any other type of criminal sanction, we should take care of those , and we can instruct you how to structure those in a bankruptcy case. If you have any more questions regarding bankruptcy, feel free to call Allmand Law Firm PLLC at 214-884-4020 or go to our website at – https://allmandlaw.com/.

Question

What is my Case Number?

Answer

When you file for bankruptcy the court issues you a case number. When they start the year they have a chronological system of providing those case numbers. It is important that you use those case numbers. Number one to notify your creditors, so that if they contact you you can notify them that you are in bankruptcy and you can give them your case number so that they can look up your case on line so they can see how they are being treated. In addition if you are making trustee payments you will need to include this case number on there. So it is very important to get familiar with your case number, write it down and keep it in a safe spot so that you can refer back to it later. If you have any more questions regarding bankruptcy, feel free to call Allmand Law Firm PLLC at 214-884-4020 or go to our website at – https://allmandlaw.com/.


Question

Did You Receive My Fax?

Answer

When you are a client of ours we provide you with several fax numbers. One is to are direct fax line, and two there may be additional people who have direct faxes. All faxes that come in are directly scanned and put into your client file. If you receive a confirmation from a fax number that we provided to you, you can be assured that number was received by our system and saved in the file. If we did not receive it and it is something that we need to present to the court or the trustee we will notify you again and ask you about its whereabouts. If you have any more questions regarding bankruptcy, feel free to call Allmand Law Firm PLLC at 214-884-4020 or go to our website at – https://allmandlaw.com/.

Question

I Received a Letter in the Mail. What Does it Mean?

Answer

When you are in bankruptcy it is very important that you keep us up to dat on your current address and phone numbers, and email address so that we can stay in communication. If you receive a notification that’s been filed by the bankruptcy court, or by a creditor. We also receive that notification as well. If it is some thing that requires action on your part you will be hearing directly from our offices. If you receive something from our office, you are to read it several times. See if you understand and if you don’t you can follow back up with us at questions@allmandlaw.com State your questions and we will be happy to provide you with additional information to clear up any type of confusion. If you have any more questions regarding bankruptcy, feel free to call Allmand Law Firm PLLC at 214-884-4020 or go to our website at – https://allmandlaw.com/.


Question

Can I Stop Paying Alimony After I Receive My Chapter 7 Discharge?

Answer

You are not allowed to stop paying alimony or child support at any time. In the bankruptcy code these things fall under one term and its called domestic support obligation. They are given extra status in Chapter 7 bankruptcy though you are required in order to complete a successful Chapter 13 bankruptcy. Any current obligations for child support or alimony must continue to be paid every single month while you are in bankruptcy and after your bankruptcy is complete I would also advise you to continue making those payments. If not you could be in violation of a court order and subject to being thrown into jail. If you have any more questions regarding bankruptcy, feel free to call Allmand Law Firm PLLC at 214-884-4020 or go to our website at – https://allmandlaw.com/.

Question

What if a Creditor is Calling Me After My Bankruptcy?

Answer

If you are still continuing to receive calls from your creditors, you need to contact our office. However when you file your bankruptcy case what we do is if it is a mortgage company or a car creditor who is very aggressive about taking back the collateral, we will call them and let them know that you filed for bankruptcy and give them the case number.

Everyone else receives a paper or electronic notification of bankruptcy. Within the first 2 or 3 weeks of your bankruptcy case being filed its going to take time for it to filter down to the correct departments. If it is not abusive and you feel like if it is in this time period that you can just wait, you can also give them the case number. However if you are continually being called and asked to pay on a debt.

This is a violation of federal law and you need to keep records of every single time who calls, what time they call, what they wanted, what they are calling about, and we are able to establish a pattern of abuse. We can sue the creditor and recover monetary damages.

If you have any more questions regarding bankruptcy, feel free to call Allmand Law Firm PLLC at 214-884-4020 or go to our website at – https://allmandlaw.com/.

Question

Will I still be required to pay my past due taxes after I receive my chapter 7 discharge?

Answer

When we file your bankruptcy case we will analyze your tax situation and will tell you which types of tax debt will be dischargable in bankruptcy and which isn’t. If you file a bankruptcy case it is possible that some of those taxes will be discharged, or that some of them or all of them will not be. You will continue to have to be responsible for them after the filing. However hopefully the reduction of all of your other debt will free up additional resources to take care of those IRS taxes and get them promptly resolved and paid in full.

If you have any more questions regarding bankruptcy, feel free to call Allmand Law Firm PLLC at 214-884-4020 or go to our website at – https://allmandlaw.com/.

Question

I Do Not Get Paid Until After The Trustee Payment Is Due. Can I Get My Payment Moved Back Until After I Am Paid?

Answer

Once your bankruptcy case is filed that determines your bankruptcy plan payment. If you file on the first of the month your payment is due thirty days after that. So your payment is going to be due on the thirty first or thirty days after the filing every single month thereafter. you are not able to change your bankruptcy plan payment.

However if you go under a wage directive then every time your wages are garnished it’ll come directly out of your wages and be sent to the trustee. So it’s very important to get that first received payment in on time, and then going forward if you’re having your bankruptcy payment deducted from your paycheck you’ll be able to pay that on different dates but your plan payment will not change.

If you have any more questions regarding bankruptcy, feel free to call Allmand Law Firm PLLC at 214-884-4020 or go to our website at – https://allmandlaw.com/.

Question

Can I Stop Paying Student Loans After Chapter 7 Bankruptcy Discharge?

Answer

Student loans are not exemptible or dischargable in Chapter 7 bankruptcy. When you file your bankruptcy case we will list your student loans. They are not allowed to garnish your wages or garnish your tax refund, or try to collect from you while your bankruptcy case is active.

However once you receive your discharge and complete your bankruptcy case the debt is still there and you will be required to continue making payments to them and satisfy that obligation in full.

If you have any more questions regarding bankruptcy, feel free to call Allmand Law Firm PLLC at 214-884-4020 or go to our website at – https://allmandlaw.com/.

Question

Can I Speak Directly to a Bankruptcy Attorney?

Answer

When you retain our office you are retaining our entire team of bankruptcy attorneys. We have about 8-9 bankruptcy attorneys that are all working on your file as well as some very qualified paralegals. If at any point you feel like it’s an issue that you want to take up directly with your attorney we will be happy to schedule you an appointment to come into our office and get direct one-on-one advice.

However we do have people that are available and experienced to give you administrative answers to questions when they come up, on a very timely basis. We suggest taking advantage of your entire team of people at our law firm that are helping you, and if you do feel like it’s something that you have to speak directly with your attorney about we will be happy to arrange that.

If you have any more questions regarding bankruptcy, feel free to call Allmand Law Firm PLLC at 214-884-4020 or go to our website at – https://allmandlaw.com/.

Go to Top