Month: September 2010

Reaffirmation Agreements

A secured creditor is a creditor that if you did not pay them, they could take something away from you.  A good example of that is a home mortgage creditor, or the bank that holds the note on a vehicle.  An unsecured creditor is a creditor who would have to sue you...

Divorce in Texas

Texas is a community property state much like most of the rest of the southwest.  That means that technically it is also a separate property state.  All assets that are brought in to the marriage are separate property assets which means that if there is a divorce then...

Collin County Divorce

McKinney is the county seat of Collin County.  There are several different types of courts.  There are municipal courts where traffic tickets are heard along with very small civil suits.  There are county courts at law where misdemeanor cases and mid range civil suits...

The different chapters of bankruptcy

Chapter 7 bankruptcy is the chapter that we typically recommend if you are eligible because it is the quickest, the easiest, the cheapest and it generally does the most for you.  If you have a secured creditor (someone that if you did not pay them they could take...

Criminal Probation Violations

Article 42.12 of the Texas Code of Criminal Procedure section 5(a) does not require a trial judge to inform a defendant prior to entering an open plea of guilty or nolo contendere about the possible consequences of a probation violation.Because community supervision...

Arrest

Texas Code of Criminal Procedure Article 14.04 has four basic requirements that must be met to make an arrest without a warrant for an offense not committed within the presence of an officer:  (1) the person who gives the information to the peace officer must be...

Chapter 13 and the Means Test

In re Kagenveama, was a 9th Circuit case where there was an appeal of an order confirming the debtor's plan of reorganization, the parties disputed the meaning of two phrases contained in section 1325 of the Bankruptcy Code:  "projected disposable income" and...

Grandparent Access and Mother’s Obstruction

In the Interest of J.R.D. was a Dallas case where the grandparent's filed a suit for grandparent access.  The trial was to the bench.  At the conclusion of the case, the mother moved for a directed verdict arguing that the grandparents had failed to meet their...

Undersecured vehicles in Chapter 13

In Capital One Auto Finance v. Osborn, the 8th Circuit heard a case where the Chapter 13 debtors objected to an unsecured deficiency claim filed by the purchase-money motor vehicle lender, and the lender objected to the provision in the debtors' proposed plan that...

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