Archive

Archive for the ‘Discharge’ Category

Is Your Debt Presumed Nondischargeable?

November 17th, 2009 Rich Shea No comments

One of the key features in a Chapter 7 Bankruptcy proceeding is the ability to discharge certain debts and provide a meaningful fresh start to an overwhelmed person or family. It is important to understand that not every debt can be discharged in a Chapter 7 bankruptcy. One of the significant exceptions to a discharge order are debts for money, property, services, or an extension, renewal, or refinancing of credit, to the extent obtained by false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor’s financial condition. It may not seem like it at first glance, but some common purchases or debts can easily fall into this exception and end up not being discharged. If you want your bankruptcy attorney to discharge as much of your debt as possible, then keep reading.

As a bankruptcy attorney in the Houston federal court I see this exception to the discharge rule most often come into play in two more specific subcategories. These are: Read more…

Categories: Discharge Tags:

Discover Card Wins $8,000 Default Judgment Against Houston Bankruptcy Filer

July 8th, 2009 Rich Shea No comments

Bankruptcy in Houston is not an automatic procedure. You do not get your debts discharged simply by filing your petition no matter what anyone who is not an attorney may tell you. Bankruptcy is a legal process between you, your creditors, and the bankruptcy trustee. In order to have as many of your debts discharged as possible you must protect your rights. If you do not protect your rights nobody else will. In the case of In Re Crandall the bankruptcy filer did not have a Houston Bankruptcy Attorney, and this is what happened.

Mr. Crandall decided to Read more…

Categories: Discharge Tags:

Non Dischargeable Debts: Divorce and Support

May 22nd, 2009 Rich Shea No comments

The bankruptcy process in Montgomery County and Southern Texas is designed to give people a fresh start by eliminating many debts. Unfortunately there are some debts that Congress has decided should not be discharged and it is impossible for the Bankruptcy Court to discharge those specific debts.

Alimony, maintenance, and child support are common concerns in a bankruptcy procedure. The Bankruptcy Code provides Read more…