Graham Legal, PLLC

A lender who has repossessed a vehicle has to give you notice before they sell the vehicle at auction. The vehicle continues to be the property of the borrower until it is sold at auction. If you file a Chapter 13 bankruptcy case before the vehicle is sold, then you can demand return of the vehicle, and satisfy the note through your Chapter 13 plan.

Here is a very simplified description of the Chapter 7 bankruptcy process. A petition is filed which lists all of your property. We use exemptions to protect that property. Any property that cannot be protected by the exemptions may be liquidated by a trustee and the proceeds paid to the creditors. In exchange for giving up your nonexempt property, you get a discharge that wipes out many types of debts. Texas has very generous exemptions. Most people that file bankruptcy get to keep all of their stuff, meaning that none of their property is liquidated by the bankruptcy trustee. Texas has the most generous homestead exemption in the nation, which means that if you are living in the house when you file the case, then your home will most likely be 100% protected from liquidation by the bankruptcy trustee. There are a few exceptions to this rule, but an experienced bankruptcy attorney can help you avoid those pitfalls.

It depends on whether the first case resulted in a discharge or dismissal and which bankruptcy chapter was filed. If the case was dismissed without a discharge then you can probably refile immediately, assuming there isn't a court order requiring a delay before refiling. If you received a discharge under Chapter 7 and want to refile another Chapter 7 case then you have to wait eight years from the filing date in the first case. There are shorter delays for refiling if the prior case was a Chapter 13 case, or if you are considering one now. For more information, be sure to speak with an experienced bankruptcy attorney.

Student loans can be discharged in bankruptcy if the case meets very special requirements. Under the Brunner Test, bankruptcy courts consider three different factors. First, the borrower must show that if they are required to pay back any portion of the student loans, then they could not provide a minimal standard of living for their family. Second, the current financial situation is likely to continue for the duration (or at least a large part) of the repayment period. Third, the borrower has made a good faith effort to repay the student loans. This is a very difficult burden to meet in most cases. Courts are reluctant to discharge student loans in bankruptcy, and federal student loans often have different types of payment plans that make payment of these loans very affordable. However, if you are struggling with paying your student loans, it doesn't hurt to ask a knowledgeable bankruptcy attorney their thoughts on dischargeability of the loans.

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