Many people seek protection under the bankruptcy code because they have been sued. If you default on a credit card debt or unsecured line of credit then the creditor can sue you. Also, you can be sued on the deficiency of a repossessed or foreclosed secured loan....
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Month: July 2010
341 Hearing
On Behalf of Pelley Law Office LLP | Jul 23, 2010 | Bankruptcy
The 341 Hearing is named the First Meeting of Creditors. However, that name is a bit of a misnomer for 2 reasons. One, it implies there will be a second meeting. There is rarely a second meeting, especially during a Chapter 7 case. Two, it implies that the creditors...
Child Support Modification
On Behalf of Pelley Law Office LLP | Jul 23, 2010 | Divorce
It is possible to file a Motion to Modify in the original divorce court which has continuing exclusive jurisdiction in any SAPCR (Suit Affecting Parent Child Relationship) when situations change. The modification can be either to increase or decrease the amount that...
Medical Bills
On Behalf of Pelley Law Office LLP | Jul 22, 2010 | Bankruptcy
Many bankruptcies are closely tied to medical complications. When you get critically ill, there really is not a decision to make. You don't consider the ramifications that the medical bills are going to have on your financial future, because sometimes if you don't...
Theft
On Behalf of Pelley Law Office LLP | Jul 22, 2010 | Criminal Defense
Theft is a dangerous allegation. It is considered a "crime of moral turpitude." It is very easy to be charged with a theft allegation and it is a technical area of criminal law. There is a difference in threshold amounts for a Class B misdemeanor: $20 is the...
Robbery
On Behalf of Pelley Law Office LLP | Jul 22, 2010 | Criminal Defense
Someone commits robbery in Texas when they take or try to take something and either cause or threaten to cause the person bodily injury to someone. It is typically indicted as a 2nd degree felony and usually has a range of punishment of 2-20 years in prison and up to...
Small Business Debtor Cases
On Behalf of Pelley Law Office LLP | Jul 21, 2010 | Bankruptcy
The purpose of the creation of the small business case was to reduce delay and cost in uncomplicated business reorganization cases according to a case out of Colorado back in 1995. Whether the purpose of the small business amendments has been met has been much...
Credit Scores and Bankruptcy
On Behalf of Pelley Law Office LLP | Jul 21, 2010 | Bankruptcy
A credit scoring system is one that numerically weighs some or all of the factors considered in the underwriting process. Factors are developed based on data about past borrowers from their files at consumer reporting agencies and sometimes from other sources....
Pre-Bankruptcy Credit Counseling Class
On Behalf of Pelley Law Office LLP | Jul 20, 2010 | Bankruptcy
President Bush signed the BAPCPA legislation changing the law 6 months before it went into effect on October 17, 2005. As part of that new bankruptcy law, debtors are now required to take a pre-bankruptcy credit counseling class and obtain a certificate that proves...
Who should I pay first?
On Behalf of Pelley Law Office LLP | Jul 20, 2010 | Bankruptcy
Typically yourself, unless you have credit card debt. Although the answer to that question might be different for one family than it is another, and it is certainly a case-by-case basis type question.It is often wise to contribute to an IRS qualified retirement plan...