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:

Your Duties in Chapter 7 Bankruptcy – Part 6

June 26th, 2009 Rich Shea No comments

Personal Bankruptcy in the Southern District of Texas is an important procedure. In order to obtain the discharge that is one of the most important goals of going through bankruptcy in Houston, Conroe, or anywhere in the Southern District you must fulfill your obligations to the Bankruptcy Court. If you do not fulfill your obligations to the Court, your case may be dismissed or some of your debts may not be discharged.

This is Part 6 of my series reviewing your obligations as a bankruptcy filer in Harris County or Montgomery County and the Southern District of Texas. In addition to the obligations we previously discussed, your obligations include:

  1. You are required to appear and attend a Read more…

Your Duties in Chapter 7 Bankruptcy – Part 5

June 17th, 2009 Rich Shea No comments

Personal Bankruptcy in Montgomery County and the Southern District of Texas is an important procedure. In order to obtain the discharge that is one of the most important goals of going through bankruptcy in Montgomery County, you must fulfill your obligations to the Bankruptcy Court. If you do not fulfill your obligations to the Court, your case may be dismissed or some of your debts may not be discharged.

This is Part 5 of my series reviewing your obligations as a bankruptcy filer in Montgomery County and the Southern District of Texas. In addition to the obligations we previously discussed, your obligations include:

  1. You are required to file and complete your statement as to Read more…
Categories: Chapter 7 Tags:

Your Duties in Chapter 7 Bankruptcy – Part 4

June 12th, 2009 Rich Shea No comments

Personal Bankruptcy in Montgomery County and the Southern District of Texas is an important procedure. In order to obtain the discharge that is one of the most important goals of going through bankruptcy in Montgomery County, you must fulfill your obligations to the Bankruptcy Court. If you do not fulfill your obligations to the Court, your case may be dismissed or some of your debts may not be discharged.

This is Part 4 of my series reviewing your obligations as a bankruptcy filer in Montgomery County and the Southern District of Texas. In addition to the obligations we previously discussed, your obligations include:

  1. You must provide written notice to the Trustee of Read more…
Categories: Chapter 7 Tags: