Texas is an Attractive Refuge for Those Seeking to File for Bankruptcy Protection


America’s economy seems to being taking a continuing freefall, including new home foreclosures and layoffs that are reported by the media every day.  With this unfriendly economic environment, there should be no surprise in learning that Chapter 7 bankruptcy, Chapter 13 bankruptcy, and Chapter 11 bankruptcy filings are also increasing throughout the country, particularly in Austin, San Antonio and Houston.  People are finding themselves stuck with homes on which they owe more than the structure is worth.  Moms and dads are using credit cards to pay for monthly utilities and other living expenses.  Billionaire CEOs are asking for bailouts from the federal government to keep their companies afloat and save thousands of jobs.  When the decision comes that bankruptcy must be filed, where are many of these people deciding to come?  Right here in our good ole Lone Star State of Texas!

Texas has some of the friendliest bankruptcy laws for people who want to escape their burdensome debt but still maintain a lot of their personal wealth.    In fact, no state is more generous in letting you hold onto your own stuff even if creditors are calling from every direction looking for their checks.  In Texas, generally you cannot lose your pension, life insurance, annuities, and up to $240,000 per child in a college savings account.  Also under Texas law, you can opt to keep a primary residence of up to 10 acres in a city and 200 acres in a rural area and up to $60,000 in personal property.  Combine these lenient allowances with the strong job market as compared to other states (Texas added 229,000 new jobs in the twelve months leading up to November 2008, accounting for 71% of all new jobs in the country) and the Lone Star State becomes an appealing relocation point for those in economic distress.

Not surprisingly, our Austin bankruptcy attorneys, Houston and San Antonio bankruptcy lawyers have been receiving an increased volume in calls regarding both consumer (Ch. 7 and Ch. 13) and business bankruptcy (Ch. 11 and adversary proceedings) laws during recent months.  At Bertolino LLP, we have experienced bankruptcy attorneys in Austin, San Antonio and Houston who can guide you through this difficult process with an in-depth knowledge of both Texas and federal bankruptcy laws.  If you are ready to file for Chapter 7, Chapter 11 or Chapter 13 bankruptcy, or just have questions about what this step might mean for you, please contact one of our Houston bankruptcy lawyers, San Antonio or Austin bankruptcy attorneys today.  http://www.belolaw.com

 

Tony R. Bertolino is the managing partner at Bertolino LLP with law offices located in Austin, Houston and San Antonio, Texas. A member of the Trial and Appellate Litigation Team, Mr. Bertolino

5 things you shouldn’t forget to ask when you file bankruptcy


If you have too much of debt and there’s no income as such to support your debt payments, bankruptcy filing may be the only option for you.

However, you need to get an idea as to what bankruptcy is all about and how it can affect you once you file it. Given below are the 5 things you should surely ask before you file bankruptcy.

How Long Does It Take To File Bankruptcy


The time it would take for you to file bankruptcy depends on which type of bankruptcy you choose to file.

Can I File Bankruptcy Again?


If you have filed bankruptcy in the past, and you

Bankruptcy In Florida-What To Do If You Have To File For Bankruptcy In Florida


If you are ready to file for bankruptcy in Florida, there are some very important points you need to be aware of.

As many people are becoming farther and farther behind in paying off their bills nowadays, filing for bankruptcy is an all too common occurrence, and if you find yourself in this situation, keep in mind that you definitely aren’t alone.

Many people have to do this painful process everyday. The good news is, you are in some very elite company. You see, the average millionaire has had to file for bankruptcy three times in their lifetime, so you are actually on the right track, assuming you learn form it and don’t make the same mistakes again.

Therefore, making mistakes is actually beneficial, because it’s something you can learn from and make different decisions the next time. Here is some important information to help you sort through the clutter and know what to do when you file for bankruptcy in Florida.

First of all, there are basically three different chapters of bankruptcy you can file for, depending on whether you are filing on a personal or business status. If you are filing for personal bankruptcy, you will need to file for either chapter 7 or 13, depending on your income level.

If you are filing for business bankruptcy in Florida, you have the additional option of filing for chapter 11 if you are a business or a high debt individual, which is probably the best way if you can get it, albeit it a more expensive alternative.

While there are many logistical rules to keep in mind about all of them, the most important facts to know is that chapter 7 requires you to give up your personal assets to pay off your debts, whereas chapters 11 and 13 do not.

Chapters 11 and 13 require you to follow a 3-5 year plan to pay off your creditors, and while your debt is not discharged, you can keep possession of your belongings, which chapter 7 does not allow you to do.

Note that this might or might not be a bad thing. For example, if many of your assets are exempt, this means they are not subject to be taken away, and therefore you don’t have to worry about losing them in the bankruptcy process.

If you don’t know which assets are exempt and non-exempt, don’t worry-your lawyer will be able to help you sort through this process. Just keep this in mind.

However, if your income is over a certain point, your only options are to file for either chapters 11 or 13. Most times, you want to do this, as you aren’t at risk for losing your possessions, and again, which one you decide to go with depends on whether you are filing for personal bankruptcy or business bankruptcy.

Keep this in mind-all the bankruptcy chapters will damage your credit, so there really isn’t an easy way out as far as this.

Your lawyer will be able to help you sort through all this. So now comes the tough part: finding a good lawyer to help you cut through the clutter of filing for bankruptcy in Florida.

Want to know how to file for bankruptcy in Florida? If so, check out onlinebankruptcytips.com, a popular site that covers the subject of bankruptcy in depth.