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March 2011 Archives

Bankruptcy Hearings

Many times bankruptcy hearings are informal.  The First Meeting of Creditors is codified in section 341 of the Bankruptcy Code and is called the "341 hearing."  That name is very appropriate, although the title named to that section is typically misleading.  It is also known as the "First Meeting of Creditors."  True, the creditors are entitled to attend that 341 meeting, but they rarely do.  Secondly, there is rarely a second meeting of creditors.

Small Franchisees and Bankruptcy

Many people have big ideas and a hopeful opportunity about starting a franchise such as a branch of a restaurant.  Maybe there is a large parent corporation, but the individual or husband and wife are offered a franchise and they take a chance.  Their very own restaurant to nourish, work their fingers to the bone, and watch grow.

Foreclosure and Loan Modification

The Obama home loan modification plan turned out to be a disaster.  Far too often, the banks told people that they needed certain documentation in order to qualify for a home loan modification.  However, once the homeowner would send that documentation off to the bank or credit union, they would only be told in the upcoming days that they needed to send off documentation.

Driving While Intoxicated in Texas

Driving While Intoxicated in Texas (or DWI) is probably one of, if not the most arrested offenses in the State.  In order for the police officer to make an arrest, the cop only has to have probable cause in order to take you to jail.  In other words, the cop has to be able to testify that he probably believed that you had lost the normal use of your mental or physical faculties (i.e. that you were intoxicated).

Cram Downs in Bankruptcy

Congress changed the bankruptcy laws in 2005 about six months after George W. Bush signed them into law.  For all bankruptcies filed after October 17, 2005, every debtor has to complete a Means Test analysis to determine what their "disposable income" is on a monthly basis to repay back to their unsecured creditors over a 60 month time period in a Chapter 13 bankruptcy.

Texas Drunk Driving Laws

If you are pulled over in Collin County or Grayson County, or virtually and other county in North Texas and the police officer smells alcohol on your breath there is a better than not chance he or she is going to do an investigation as to whether they can find probable cause that you are intoxicated.  Why?  Well, some officers have good intentions to try to keep the roads safe.  

Avoid Foreclosure in North Texas

North Texans have had a real struggle in many cases in keeping up with their mortgage payments after the recession resulted in thousands of lost jobs.  Many Texans were forced to file for unemployment with Texas Workforce Commission.  Sometimes that just wasn't enough to juggle all of the bills, and keep up on the mortgage.

Bankruptcy and Credit Card Debt

Credit card debt can literally wear you out.  The debt isn't so bad, but ridiculous interest rates and over the limit fees and late payment penalties can make you feel like even if you are trying your best, all of your efforts are in vain.  Most people turn to the Bankruptcy Code for debt relief if a major life event has occurred which has forced them to seek their debt relief options.

Bankruptcy Hearings

Typically, there is no hearing in front of a judge or jury in bankruptcy court.  In the normal Chapter 7 Bankruptcy case a 341 meeting, or First Meeting of Creditors is held around 45 days after the date the case is filed.  Ordinarily, there are no creditors that appear.  Usually, there is no second meeting. 

Allen DWI

If you are pulled over for an offense and an officer smells alcohol on your breath in Allen, Texas then there is a good chance that the officer will ask you to submit to some Standardized Field Sobriety Tests.  Those tests are for the officer to be able to justify that he had probable cause in order to arrest you for DWI.

Collin County Bankruptcy

Many people in Collin County are having to seek their debt relief options due to the recent recession and awful employment rates.  Often people who previously had a mid to high paying job were forced to take a pay cut or were even laid off.  If they were previously able to service their debt repayment plan, they may no longer have the ability to do so with their reduction in income.

Chapter 13 in McKinney, Texas

Chapter 13 bankruptcy has helped many McKinney citizens save their homes when they thought all hope was lost.  The benefit of a Chapter 13 bankruptcy is that even when you do not have a lump sum of money to become current on your mortgage, Chapter 13 can buy you five years (60 months) to pay back the arrears.  Of course, you still have to make your regular monthly payments, but the arrears do not have to be found immediately. 

Constitutional rights and personal rights

In State v. Williams, the Houston Appellate Court heard an appeal from a case where the pills fell from the defendant's bra when the officer requested that she pull her bra away from her body and the evidence was suppressed.  According the the officer, "because the defendant was relatively well endowed, the officer was concerned she may have concealed the steak knife in her bra."  Nevertheless, the officer's concern did not allow the officer to broaden the scope of a pat-down search.  The male police officer's reluctance to perform a pat-down on the female defendant provided insufficient justification for his requesting that the defendant pull her bra away from her body, even though the officer obtained information that the defendant could be armed with a steak knife and way concerned for his safety.  The court emphasized that the officer was not told, specifically, that the steak knife was hidden in the defendant's bra.

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