The housing market across the United States has taken a turn for the worse in the last several years. Foreclosure rates continue to rise, and people are left with deficiencies left owing on the note after the foreclosure sale. After the sale of the property, the...
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Month: August 2010
High Asset Divorce
On Behalf of Pelley Law Office LLP | Aug 22, 2010 | Divorce
Community property is a difficult concept to understand. Just because something is brought into the marriage does not mean that it will always completely remain separate property. The interest that accrues on a separate property asset is community property. When...
Repossession of your Auto
On Behalf of Pelley Law Office LLP | Aug 22, 2010 | Bankruptcy
There is a difference between a secured creditor and an unsecured creditor. A secured creditor is a creditor that you owe money to who can take property away from you if you fail to pay them what they are owed. Examples are car loans, mortgage loans, and some...
Defenses to Crimes
On Behalf of Pelley Law Office LLP | Aug 22, 2010 | Criminal Defense
First and foremost the best defense to any criminal allegation is that the defendant does not have to play offense. There is a presumption that the defendant is innocent, and the jury will be instructed on the presumption of innocence. The judge also admonishes the...
Who does my child want to live with?
On Behalf of Pelley Law Office LLP | Aug 21, 2010 | Divorce
The current law provides for a child to actually state a preference to his caretaker pursuant to the Texas Family Code Section 153.008. That law allow a child to file his/her preference with the Court, if the child is 12 years of age or older. The statute states as...
Probation Problems
On Behalf of Pelley Law Office LLP | Aug 21, 2010 | Criminal Defense
There are essentially two types of probation. One is regular probation. If the court grants a person probation, then they avoid incarceration altogether as long as county jail time is not a condition of probation. As long as the probationer does not break the law...
Unsecured Debt
On Behalf of Pelley Law Office LLP | Aug 21, 2010 | Bankruptcy
Americans are having a difficult time in this recession. The unemployment rate is sky high, and many are forced to live off of their credit cards. The biggest problem is that when we borrow from our credit cards, the amount that is borrowed is substantially...
Credit Card Debt and Bankruptcy
On Behalf of Pelley Law Office LLP | Aug 20, 2010 | Bankruptcy
Filing bankruptcy can allow a debtor to discharge his or her unsecured non-priority lines of credit and credit card debt. It also can enable someone who is burdened with overwhelming medical bills to receive relief from those debts.In today's economy and recession,...
Fraud on the Community
On Behalf of Pelley Law Office LLP | Aug 20, 2010 | Divorce
In Schlueter v. Schlueter, the question was answered of what remedies are available to a spouse alleging "fraud on the community" committed by the other spouse. In that case, the husband transferred various community assets to his father shortly before he filed for...
Double Jeopardy and False Statements to Obtain Property/Credit
On Behalf of Pelley Law Office LLP | Aug 20, 2010 | Criminal Defense
The Texas Court of Appeals held that pursuant to Tex. Pen. Code 32.32, the gravamen of the offense was the obtaining of credit, and that, ergo, the State could not get a conviction for each of the six false statements (the appellant was convicted six times under the...