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chapter 13 bankruptcy Archives

Credit card debt in the United States nears $900 billion

U.S. consumers have racked up more than $100 billion in revolving debt since the financial crisis, and at the end of 2018 they owed credit card companies almost $900 billion. These are among the sobering facts that can be found in a recent Consumer Financial Protection Bureau report. The report points out that most of this new debt has been taken on by borrowers who are considered either prime or super-prime by lenders, but it also reveals that credit card spending is rising the fastest among consumers in Texas and around the country with subprime credit ratings.

How bankruptcy may help car owners

Filing for Chapter 13 is one option for a Texas debtor who wants to avoid having their car repossessed. However, an individual would need to remain current on their loan during the proceeding. Furthermore, the past due balance would need to be included as part of the bankruptcy repayment plan. If the car is worth less than what a debtor owes on it, they may want to request a cramdown.

The Texas homestead exemption in bankuptcy cases

People who are struggling with unmanageable financial situations are sometimes reluctant to pursue debt relief because they are worried about losing their homes. While this may be a real concern for people living in some parts of the country, it is something that Texas residents rarely have to worry about. This is because the Lone Star State has some of the nation's most generous bankruptcy exemptions.

Bankruptcy court rejects medical marijuana expenses

People who use medical marijuana in Texas may run into problems in bankruptcy court when it comes time to set up a court-ordered repayment plan. Businesses in the marijuana industry have had trouble seeking bankruptcy protection, even in fully legal states, due to the continuing federal criminalization of cannabis under the Controlled Substances Act. Bankruptcy courts have ruled that they cannot provide relief from debts to companies whose businesses violate federal law despite state legality. While these cases dealt with companies directly involved in the cannabis business, medical marijuana has arisen as an issue in some personal bankruptcy cases.

The process to obtain new debt during a repayment period

In a Chapter 13 bankruptcy case, a Texas debtor can ask to accrue new debt during the repayment period. However, a trustee must review the request, approve it and send a motion to incur new debt to the judge. A copy of the motion will also be sent to creditors. If all parties agree to the request, an order to incur debt will be created. The debtor will then be able to complete the process of applying for a loan.

What to expect in a Chapter 13 case

Individuals who are struggling to pay their bills may decide to file for protection from creditors. Those who want to keep their Texas home or other property will want to file for Chapter 13 bankruptcy. In a Chapter 13 case, debtors make payments to creditors over a period of three or five years. Child support, back taxes and alimony payments are considered priority debts, which means that payments are applied toward those balances first.

Trustee opposes bankruptcy protection for tv star

The television show "American Chopper" attracted many fans in Texas, but one of the reality show's stars has continued the real-life drama in bankruptcy court. Paul Teutul Sr., the famously cranky patriarch of the show, now faces opposition from the trustee of a bankruptcy court. Teutul filed for Chapter 13 bankruptcy protection in February 2018, but the trustee has filed a motion expressing doubts that Teutul can make the payments required by the bankruptcy plan.

Qualifying for Chapter 13 bankruptcy

Filing for bankruptcy isn't an easy decision for anyone in Texas considering this option to manage debt. Once it's decided to explore options with Chapter 13, many people have questions about the details associated with this approach to bankruptcy. With income, there is no limit for filing, nor is there a limit to how much debt someone can have. However, there are limits with secured and unsecured debt: $394,725 and $1,184,200, respectively.

Debt impacts every age group

The acceptance of debt as commonplace in everyday life seems to be a new reality for many Texas residents. According to recent studies, individual debt continues to rise among nearly every age group in the country. An analysis of what kind of debt and how much debt is being acquired by different age groups paints a revealing picture.

Bankruptcy and car loans

Many car owners in Texas face auto repossession when they fall behind on payments. Some consider filing a Chapter 13 bankruptcy to stop a lender from repossessing their vehicle. Before filing for bankruptcy, however, there are several other options to consider.