• Midland vs. Johnson

      An opinion was issued by the Supreme Court of the United States last week in a case that bankruptcy lawyers, trustees and judges had been anxiously following. The question was whether the act of a creditor filing a ‘stale’ proof of claim in a Chapter 13 bankruptcy violated the Fair Debt Collection Practices Act (FDCPA).

      Dove Bankruptcy Law- 15 readers -
    • Hurricane Harvey and your Mortgage Payments

      As the flood waters begin subsiding over the next few days and recovery begins, we wanted to share a few important points about what happens if you are unable to make payments to your mortgage company, car lender, credit card companies, student loans, etc., due to Harvey: 1. A declaration of a disaster zone does not automatically suspend payments owed to lenders.

      Dove Bankruptcy Law- 23 readers -
  • Tips to Help You Build a Successful Relationship With Your Lawyer/Potential Lawyer.

    People looking for lawyers are often stressed, confused and afraid that someone may try to take advantage of them. Because of this, sometimes potential clients say or do things that concern the lawyer they’re talking with. Lawyers sometimes refer to these concerning actions from potential clients as ‘red flags’ – and if a potential client raises too many red flags, that may e ...

    Dove Bankruptcy Law- 12 readers -
  • The Problems With Tax Returns

    It is that time of year again! Your federal tax returns are due in a few weeks. In my line of work I frequently see incorrect returns or returns with questionable information. This blog post is a summary of common mistakes I see – usually created by tax preparers who lack knowledge of the tax laws, ethics or both.

    Dove Bankruptcy Law- 17 readers -
  • How to Choose a Bankruptcy Lawyer or Debt Defense Lawyer in Houston, Texas

    Facing a legal issue is stressful. Choosing the right lawyer to help you can almost be as stressful as handling your legal issue. This blog post is my opinion of the do’s and don’ts of picking a lawyer to help you. Below are 10 tips important to selecting the lawyer that is right for you. Communication and Promptness: I sometimes receive telephone calls from people who have ...

    Dove Bankruptcy Law- 42 readers -
  • New Means Test Numbers Effective November 1, 2015

    Periodically, the ‘median income’ numbers are adjusted by the U.S. Census Bureau and published by the office of the United States Trustee. Median income is roughly the amount of money that an average family makes annually on a state-by-state basis. The numbers in Texas will be increasing as of November 1, 2015, as shown on the below chart: Median Income Figures for Texas Ho ...

    Dove Bankruptcy Law- 36 readers -
  • Your Exempt Property Is Safe In A Bankruptcy, Or Is It?

    There have been some drastic changes over the interpretation of the laws called exemptions in the Fifth Circuit over the last few years. These changes have been even more pronounced in the Southern District of Texas (which covers Houston). If you are a lawyer, you should be aware of these cases.

    Dove Bankruptcy Law- 31 readers -
  • What It Means To Be Sued For an Unpaid Debt in Houston

    Many of the telephone calls we receive are because people have been sued for an unpaid credit card or medical bill, either by the original issuer or by a debt buyer. The first indication a consumer may have that they have been sued is when they receive advertisement letters from lawyers telling the consumer that a lawsuit has been filed.

    Dove Bankruptcy Law- 30 readers -
  • Common Questions and Misconceptions About Debt Collections in Texas

    I am often asked the same questions by folks who have fallen behind on paying a debt such as a credit card. The questions sometimes center around articles that people have read on the internet, as if a loophole has been found preventing the creditor from collecting on the debt that is owed. I will address a few of these questions and misconceptions about debt collection in this post.

    Dove Bankruptcy Law- 15 readers -
  • Debt Solutions Explained

    People on websites like Avvo.com often ask questions about companies offering ‘debt consolidation,’ ‘debt management,’ ‘credit repair’ or ‘debt settlement.’ These questions are asked so frequently that I am writing this blog to share helpful information. Both consumers and companies use many of these terms interchangeably. Each term, however, refers to a specific type of debt resolution.

    Dove Bankruptcy Law- 37 readers -
  • Can a Student Loan Be Discharged In Bankruptcy?

    Yes, but very rarely. Federal law currently does not allow for the discharge of student loans in bankruptcy except in extreme circumstances. Absent a physical or mental inability to support yourself or a showing that repaying the student loans would take food off the table, a student loan survives bankruptcy. An attempt to discharge student loans is an uphill battle.

    Dove Bankruptcy Law- 37 readers -
  • Why Making Small Monthly Credit Card Payments Is Not Helping Get You Out Of Debt

    It is admirable to want to repay your debts. The majority of your creditors, however, do not make it easy for the average consumer who is struggling financially to repay debts. If you are struggling financially, your credit card interest rates are probably 25% (or higher). The credit card companies may lower your limit and will charge ‘over limit fees’ if your balance goes over that amount.

    Dove Bankruptcy Law- 26 readers -
  • I’ve Filed a Bankruptcy in the Past. Can I File Another Bankruptcy?

    You can usually file another bankruptcy, but in order to receive a discharge in your second bankruptcy there may by a minimal amount of time that must have passed between the cases. The time between filing bankruptcies to receive a discharge runs from the date of the filing of your previous bankruptcy to the date of the filing of the new bankruptcy.

    Dove Bankruptcy Law- 24 readers -
  • I’ve Filed a Bankruptcy in the Past. Can I File Another Bankruptcy?

    You can usually file another bankruptcy, but in order to receive a discharge in your second bankruptcy there may by a minimal amount of time that must have passed between the cases. The time between filing bankruptcies to receive a discharge runs from the date of the filing of your previous bankruptcy to the date of the filing of the new bankruptcy.

    Dove Bankruptcy Law- 27 readers -
  • Do I Need An Attorney To File Bankruptcy?

    While it is possible for a lay person to file bankruptcy without the help of a lawyer (this is called filing a bankruptcy ‘pro se’), it is not advised. Even simple bankruptcies are laden with required forms and deadlines, and failing to file the correct forms or to meet deadlines can result in the bankruptcy being dismissed without a discharge. In fact, an article on the U.S.

    Dove Bankruptcy Law- 29 readers -
  • How To Stop A Wage Garnishment Or Bank Levy

    Having a paycheck garnished in Texas for a debt like a credit card or medical bill requires a very unique set of circumstances and is quite rare. Your wages can, however, be garnished for unpaid student loans, unpaid taxes or domestic support obligations. The easiest and most direct way to end a wage garnishment is to enter into a payment agreement with the creditor, where yo ...

    Dove Bankruptcy Law- 38 readers -
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