Brian Allen James Attorney

Add to Favorites

Add Hours

Add Website

More Info

AKA: James Brian Allen Attorney
Categories: Bankruptcy Law Attorneys, Attorneys, Bankruptcy Services, Child Custody Attorneys, Divorce Attorneys, Family Law Attorneys, Foreclosure Services, Personal Injury Law Attorneys

Be the first to add a photo!

Hi there!
Be the first to review!

Click to Rate

Phone: (903) 885-2712

Address: 101 Bill Bradford Ste 25B, Sulphur Springs, TX 75482

Divorce
Child Support
The amount you pay these creditors is based on your disposable income and after paying secured creditors in your Chapter 13 Plan. Secured creditors are paid after the balance of my attorney’s fee is paid in most cases. Also, general unsecured debts are paid after you Chapter 13 Plan pays back child support, IRS taxes and property taxes. Like Fresh Start Bankruptcy under Chapter 7, general unsecured debts are discharged, after completing plan payments. Practically, credit cards, medical bills, signature loans, finance company loans, collection agencies, bank overdrafts and deficiencies are paid less than 1% of the amount they claim to be owed. In other words, if you owe $100,000 for example only, you pay $100 total and discharge or wipe out $99,900!

Personal Injury
Debts that will not be discharged can include debts secured by property that an individual or husband and wife want(s) to keep. In most cases, individuals or husbands and wives want to keep their home, car, furniture, and continue paying for these debts. Other kinds of debts that are not discharged in most cases is child support and student loans. Although, student loans can be discharged if an undue hardship exist on the debtor(s) or the debtor(s)’ dependent(s). Taxes, property settlement obligations, fines, penalties, and criminal restitution debts are not dischargeable. The most important thing to remember is to list all debts in a Chapter 7. Debts not listed are not dischargeable. In some cases an special proceeding may be filed in a Chapter 7 bankruptcy to have the Court or Judge determine as a matter of law if a specific debt is dischargeable or discharged. This special proceeding is called an adversary proceeding. Finally, debts for death or personal injury caused by operating a motor vehicle, vessel, or aircraft while intoxicated from alcohol or drugs are not discharged.

Bankruptcy
A Fresh Start Bankruptcy Discharge takes 3-4 months after the individual or joint debtors’ case is filed. A Discharge of the debtor’s debt means the legal obligation of the debtor is wiped out or eliminated. A creditor or entity who the debtor owes cannot legally require a debtor to satisfy a debt that has been discharged in a Chapter 7 Bankruptcy. Types of debts that are discharged can include
Foreclosure
Yes. Upon the proper filing of a Chapter 13 case, and by giving actual notice the affected creditor, a foreclosure on your home or real estate is stopped. The missed payments are included in a Chapter 13 Plan over 60 months. Likewise, repossession of your car is stopped. Under Chapter 7 and Chapter 13, collection efforts by Creditors are stopped immediately upon the filing of the Bankruptcy case. Also, filing a Bankruptcy case will stop most civil lawsuits and IRS proceedings. However, a Bankruptcy case will not usually stop divorce or criminal proceedings.

Provided by