Month: December 2010

Credit Card Debt and The Means Test

Credit card debt is frustrating.  You borrow some money, and start paying it back.  If something strange happens, like you forgetting to pay one of your creditors and you are a couple of days late then your credit cards may raise your interest rates substantially.  If...

Driving While Intoxicated at Christmas Time

Happy holidays can become unhappy with the swerve of the wheel.  DWI is prosecuted heavily in Collin County and Dallas County Texas.  There are beefed up efforts to make arrests of those who are driving under the influence (DUI) and DWI.  The police officer only has...

Suit Affecting Parent-Child Relationship

In a Suit Affecting the Parent-Child Relationship in Texas, the Divorce Court retains continuing exclusive jurisdiction for the custody and support and other SAPCR issues until the child turns eighteen. A child is deemed to be emancipated or free whenever they turn...

Management and Control of Property of Spouses

Under the Uniform Marital Property Act a spouse acting alone may manage and control that spouse's property that is not marital property; except as provided in Subsections B and C, marital property held in that spouse's name alone or not held in the name of either...

Uniform Marital Property Act

Section 4 of the Uniform Marital Property Act classifies the property of the spouses.  Under 4a it indicates that all property of the spouses is marital property except that which is otherwise classified by this act.  All property of the spouses is presumed to be...

Avoiding Foreclosure with Bankruptcy

In re: Gonzales, was a Southern District of Texas Case where the debtors who were an above medium income household proposed a Chapter 13 Plan which would cure payment arrearages on their home.  A month later, the debtors decided to surrender their home.  The trustee...

Under Water Vehicles

In re: Steal, was a case out of the Northern District of Texas where within 910 days of the Petition date, the Chapter 13 debtor financed the purchase of a vehicle.  The cash price for the vehicle was $20,800.00 but the total amount financed was $35,000.00.  The...

Bankruptcy Means Testing

A case out of the Northern District of Texas occurred where an unsecured creditor objected to the confirmation of an above medium income debtor's proposed Chapter 13 Plan as failing to satisfy the "projected disposable income" requirement and was not being proposed in...

Loans for Real Estate Taxes

A third party lender, ReTax paid the debtors real-estate taxes and took as consideration a promissory note from the debtor.  ReTax objected to confirmation of the debtor's Chapter 13 Plan.  It argued that the debtor was not entitled to modify the interest rate on the...

Negative Equity in Vehicles

In re: Penrod, was a case with a ninth circuit Bankruptcy Appellate Panel said looking to the Uniform Commercial Code, the panel found the negative equity from a trade and does not constitute a "purchase money security interest" as required by the hanging paragraph. ...

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