Jump to Navigation

Houston TX Bankruptcy Law Blog

Credit card debt cut last month, many still struggle

Since the start of the financial crisis over three years ago, Americans have been working hard to get out of debt. America's financial mentality has shifted from how can I have fun with my money to how can I save for a rainy day. Last month credit card debt was reduced 8 percent on average in America. It was also the first month since April 2011 that the average credit score in America went up.

Although credit card debt decreased last month, debt continues to be a major hurdle for many people across the country. People face debt for various reasons, sometimes for reasons that are completely unavoidable such as an emergency hospital stay, emergency trip to visit a sick relative, or an unexpected car repair.

Chapter 7 may affect your property ownership

Lately, it seems that personal financial hardships go hand-in-hand with mortgage payments and foreclosure. Many people have gotten into mortgages that they can't handle, which coupled with unemployment has led many people to consider filing for bankruptcy. While filing for bankruptcy is a way to give someone a clean break from their creditors, it can be a scary process for many.

People often wonder if they file for bankruptcy if the bank will take their home. This is a legitimate concern, and it often depends on a few different variables. You can lose your home in a number of different ways, including while in Chapter 7 bankruptcy.

Personal bankruptcy might be option for employees with lost retirement

The financial crisis has taken a toll on many Americans as well as many companies, large and small. Sometimes, as in the case of Kodak, which recently filed for bankruptcy protection, employees pensions or retirement accounts might be tightly linked or invested in that companies stock or performance. When a company files bankruptcy, it is likely their stock will drop significantly.

If this drop in stock price results in lowering an employee's personal retirement account, that person may be faced with financial hardship as they work to regain their retirement and protect themselves from further loss of income. A personal bankruptcy might be one way to get a new start in place of a financial situation that involves out of control debt.

Credit cards to pay medical bills: a growing trend

Put it on my card. That's what more and more Americans are now saying to healthcare facilities. A new report found that Americans are seeking ways to pay off their medical bills and credit cards are becoming more widely used to pay for their medical treatments.

Increasing medical costs in the United States are outpacing wage increases and inflation, causing companies to look for ways to cover the cost of health insurance for their employees. This most often leads to passing the cost on to employees. About one-quarter of Americans have troubles paying medical debt and two-thirds of that group is insured, according to one study.

Chapter 7 bankruptcies might rise in 2012 despite drop last year

Experts are not rejoicing the drop in bankruptcies last year just yet. Many people in Houston are still hovering on the financial brink, despite the national drop in Chapter 7 and Chapter13 bankruptcies in 2011, and predictions for this year are bleak. Although there was a drop in bankruptcies for the year overall last year, November and December showed the number of people seeking protection from their creditors increase, suggesting an increase in filings in 2012.

Creditors don't back off just because a national trend suggests less people are seeking protection. Every person's financial situation is different. Just because your neighbor is not filing for bankruptcy doesn't mean you won't have to look at an option to help you get out of debt.

New year, new you: how Houston can get out of credit card debt

This year, people may set a personal goal of getting out of debt. In a post last week we told you about how people in Houston are making New Year's resolutions to get out of credit card debt, and stay out of debt. In fact, it ranked second in people's financial resolutions for 2012.

The task of getting your credit cards paid off can seem daunting to many people. Taking a step back and organizing your approach can help you succeed at getting out of debt.

People in Houston hope to pay off credit card debt in 2012

Everyone loves their New Year's celebration. It's a time for people to get together with close friends and family, and celebrate the past year and look forward to what's to come. Gym memberships spike, new diets begin, and now, people in Houston are making resolutions to pay off debt, especially credit card debt.

According to an annual survey, paying off debt has made it into the top three New Year's financial resolutions of people in the Houston area. It ranked second only to saving more money. Spending less money ranked third in the survey. Of the people who participated in the financial resolutions survey, 50 percent said they would like to pay off debt in 2012.

Creditors Can Object to Debt Dischargeability

When you file a bankruptcy petition you are seeking a discharge of your liability on debts that you owe. However, creditors may object to the dischargeability of your debts for multiple types of misconduct. Some types of misconduct include: embezzlement or larceny; fraud; any willful of malicious injuries you have caused; concealment or destruction of property or financial records; false statements; withholding information; failing to explain losses; or failure to respond to material questions.

The bottom line is that the bankruptcy process requires you the Debtor to truthfully disclose your assets and debts. In the event a creditor may object and assert that you have engaged in any of the types of misconduct discussed above, then there is a chance that one of your debts may be non-dischargeable. And you will remain liable for a debt after obtaining your bankruptcy discharge.

A free consultation with our attorneys can help you determine whether you will face any of these dischargeability issues regarding your debts. Remember when you file bankruptcy, your creditors have lawyers too, and you surely do not want to litigate a dischargeability issue on your own.

Please have a happy and safe new year!

Personal bankruptcy does not always stop creditor harassment

It's finally over. That's the thought you might have once your debts are discharged through personal bankruptcy. Although you typically should be able to breathe a sigh of relief, some creditors continue to harass customers well after their bankruptcy proceedings.

Creditors are not allowed to try to collect on debts that are discharged through bankruptcy and doing so might be illegal. People across the country are running into this problem, mainly with Capital One. Now people are fighting back, filing lawsuits against the company to prevent it from trying to collect debts that are no longer owed.

Bankruptcy is a Court Supervised Process

When you choose to file personal bankruptcy you are embarking on a process that is court supervised. This supervision allows for the court to ensure that all parties involved are treated accordingly to their respective rights under the Bankruptcy Code. This supervision is good because it provides a stable environment for people to get their finances back on track.

We have posted information on alternative debt relief options. With these options should come a warning of "buyer beware!" Not all debt relief options are the same and you could become the victim of a scam.

As the article below shows, some debt relief options, such as delaying a foreclosure, may be fraudulent and unbeneficial for all parties involved.

Read more at Texas Man Sentenced in Connection With $1.6 Million Foreclosure Prevention Scam

Frank Maida is Board Certified
Board Certified in Consumer Bankruptcy by the Texas Board of Legal Specialization

  • Board Certified Texas Board Of Legal Specialization
  • National Association Of Consumer Bankruptcy Attorneys

Contact Form

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close
Subscribe to This Blog's RSS Feed

Practice Areas

Maida Law Firm, P.C.
4320 Calder Avenue
Beaumont, TX 77706

Telephone: 409-291-5117
Fax: 409-898-8400
Beaumont Law Office

Houston office
Maida Law Firm, P.C.
Wedge Tower,
1415 Louisiana Street, Suite 1575
Houston, TX 77002
Phone: 713-987-3910
Fax: 409-898-8400
Houston Law Office

FindLaw Network