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Law Office of Gordon Mosley
A Bankruptcy & Consumer law Firm
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September 2016 Archives

What is the automatic stay in Chapter 11 bankruptcy?

When Texans are having financial issues with a small business, Chapter 11 bankruptcy is always an option. This can help with debt relief, debt reorganization and getting back on stronger financial footing to either move on or restart the business. What is important as part of the process is to understand the various aspects that might arise and could be somewhat confusing. One is the automatic stay. Having a grasp of this can be a key to a successful Chapter 11 filing.

Debtor protections against abuse and harassment in Texas

Texans who are in debt and have no means of paying will have enough on their minds without having to think about the various collection practices that creditors will use to try to collect. Collection companies and creditors are well aware of the reality that overwhelming debt can leave people vulnerable to manipulation and threats. This is why the State has certain rules in place to protect people in debt and stop collectors from engaging in underhanded and abusive practices. Understanding these is a way to avoid them.

State representative files for Chapter 7 bankruptcy

Texans who are dealing with financial challenges might not know where to turn to try and get their problems under control. The concept of a bankruptcy filing is often viewed as an attempt to get away with not paying one's debts. However, for individuals who are struggling with debt, a Chapter 7 bankruptcy is a legal method to clearing one's debts and getting a new start to get back on stronger financial ground.

Understanding a reaffirmation agreement in personal bankruptcy

There are various aspects of personal bankruptcy that Texans might not know about as they consider and move forward with the process. One that is often understated and relatively unknown is the reaffirmation agreement. Knowing what this is and what it entails can be an important factor when seeking debt relief in bankruptcy. With reaffirmation, the debtor has the right to promise to repay a debt even if it has been discharged. There could be numerous reasons for doing this.

What constitutes harassment or abuse in debt collection?

A common fear among Texas residents who are in the midst of financial difficulty is how to deal with pressure from their creditors. Creditors have rights to pursue payment, but that does not mean they can break the law in the process. Under the Fair Debt Collection Practices Act, the creditors are strictly limited in what they can and cannot do. If their activities cross the line into harassment or abuse, then the debtor has certain protections under the law.

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