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West Houston Bankruptcy Attorneys

Frequently Asked Questions (FAQ)

What is bankruptcy?

Bankruptcy is a court process based of federal statutes which allow both individuals and businesses the opportunity to discharge or consolidate their debt under the protection of bankruptcy court.

Are there different kinds of bankruptcy?

Yes. The two most common forms of bankruptcy are Chapter 7 and Chapter 13. Chapter 7 is typically referred to as "liquidation" wherein eligible assets are liquidated in order to pay off creditors, and then any remaining debt is discharged. Chapter 13 is a "reorganization" wherein debts are consolidated into one low monthly payment that the debtor pays over a period of 3 to 5 years.

How do I know which form of bankruptcy is right for me?

A West Houston bankruptcy attorney can meet with you to review your financial situation, answer your questions and discuss your particular goals in order to help determine which form of bankruptcy you may qualify for and which is best for your future.

Will I lose my home?

Under Texas law, your home may be exempt regardless of how much equity you have, depending upon the size. Your homestead cannot be more than one acre in town or more than one hundred acres out of town. However, there are qualifications and important factors which must be addressed in order to help ensure that your home is protected during Texas bankruptcy proceedings.

How do I know if I should file for bankruptcy?

Just because you are facing overwhelming debt, this does not necessarily mean that filing for bankruptcy is the right option for your particular case. At the Law Office of Corey L. Mills, we believe in providing our clients with the information and guidance they need to effectively evaluate their financial situations and make the right decisions about filing for bankruptcy. There are a number of advantages and disadvantages that should be considered. By talking to a West Houston bankruptcy attorney at our firm, you can learn more about your unique case.

I am constantly being harassed by a debt collector. Is it possible to sue?

Depending on the situation, it may be that a debt collector has committed unlawful acts in harassing or threatening you in relation to attempting to collect an unpaid debt. You may be able to sue the debt collector for damages. A lawyer can review your case and determine whether you may be entitled to financial compensation.

How can an attorney protect my rights as a consumer?

Under Texas law, consumers are provided protection from unfair debt collection, deceptive trade practices, bad faith insurance practices, defective products, and more. Some of these laws provide for financial remedies for consumers whose rights have been violated. An attorney can help by asserting your rights under state and/or federal law in order to take action against the person or entity that committed the violation. You may be able to recover financial compensation for any injury or losses you have suffered.

I was sued over an old credit card. What should I do?

If you were sued over a credit card, you should seek legal representation quickly. Time is of the essence in answering a lawsuit of this type, therefore you should move quickly to protect your rights. Even if you borrowed money on a credit card, they may be suing you for more than you owe. They may have violated a debt collection law, or it could be a third party that does not even own the debt trying to sue you. Just because you think "there is nothing I can do. I owe it", please talk to an attorney because you might not actually owe the debt. Yet, if you fail to respond correctly to the lawsuit and discovery, you will more than likely have a judgment entered against you and it will be much more difficult to fight it if that happens.

Can filing for bankruptcy stop creditor harassment?

Yes. Once you file for bankruptcy, creditors can no longer call or contact you in any way in an attempt to collect the debt they are owed. This includes filing a lawsuit or continuing an ongoing lawsuit against you.

Will all of my debts be discharged?

There are specific debts which cannot be dischargeable under Chapter 7 or Chapter 13 bankruptcy proceedings, and these include: child support, alimony, student loans, traffic tickets or court-ordered fines. A lawyer can help you understand what debt is dischargeable and can help ensure that as much debt as possible is discharged in your bankruptcy proceedings.

Is bankruptcy the only alternative if I have debt?

No, bankruptcy is not the only alternative. In fact, in some situations, it does not make sense to file bankruptcy. Sometimes settling with your creditors or fighting a lawsuit if you are sued over a debt makes more sense, and yet sometimes bankruptcy is the best legal alternative. We take pride at our firm for looking at your entire financial situation and not trying to use a one size fits all approach to solving your financial problems. Every client's debt and financial problems are different and that is why we offer a number of solutions to your debt problems. Call today and set up an appointment to find out what your legal options are!

I have been sued over a debt. What should I do?

When you have been sued over a debt, time is very important. Call or contact a West Houston debt suit defense attorney today. We will look at your entire financial situation to determine the best course of action for you. Sometimes fighting the lawsuit makes the most sense, sometimes settling the debt or even filing bankruptcy is your best alternative. Set up an appointment today and let us analyze your financial health and hear what options are available to you.

Need assistance with a legal matter? Contact a lawyer at the Law Office of Corey L. Mills for a free case evaluation!