Texas Bankruptcy Lawyers - Common Questions& Answers

The most frequently asked questions lawyers receive pertain to discharge, because ultimately, discharge or final release from debts is the primary goal of everyone who files. Discharges are available in both Chapter 7 & 13 cases under different terms and case durations. The phrase "straight bankruptcy" usually indicates Chapter 7 cases, but is an older term which is seldom used. In a Chapter 7 case, all debts are wiped out as if paid in full. No additional payments to creditors are required after filing, and debts become null and void after the court grants discharge.

Chapter 13 cases allow either a full or partial payment plan to creditors. In full Chapter 13 plans, payment amounts are restructured to permit extended payment schedules at lower interest rates. In partial Chapter 13 cases, only a portion of amounts owed are actually repaid, according to the financial ability of the debtors. All remaining balances at the end of plan are discharged similarly as in Ch. 7 proceedings. Litigation of discharge issues is common (contested hearings and adversary proceedings), especially in larger cases or when creditors are inexperienced.

• What is a discharge in Texas bankruptcy?
• When does a bankruptcy discharge occur?
• How can I get a Texas bankruptcy discharge without a lawyer?
• What happens if creditors try to collect while a Texas bankruptcy case is pending?
• Are all debts discharged in bankruptcy?
• Can creditor lawyers object to a Texas bankruptcy discharge?
• How many times can I file Texas bankruptcy?
• Can a Texas bankruptcy discharge be revoked?

Texas Bankruptcy Lawyers - FAQ

Special financial issues are subject to extensive regulation. Liability for amounts owed to government departments or created without actual consent of others receive a greater level of scrutiny by the Courts, Trustees and lawyers representing creditors who may seek to prevent discharge. For additional information, see:

• Taxes
• Alimony
• Child Support
• Student Loans
• Civil & Criminal Fines
• Fees

Most lawyers and law firms that specialize in consumer cases provide free initial consultations to anyone with legitimate questions. These meetings serve several purposes and create an extraordinary opportunity for debtors seeking answers. Potential clients normally may ask an unlimited number of personal legal questions, negotiate attorney fees and limit costs, as well as evaluate the suitability of a particular lawyer. Be aware, during these meetings, lawyers also evaluate potential clients. Lawyers may be liable for a debtor's misrepresentation of facts and intent, and also consider the time and difficulty required to represent each person. Similarly, lawyers avoid potential clients who may potentially create liability for misrepresentation, attempt bankruptcy fraud, or violate any number of a wide assortment of legal disclosure requirements.