Chapter 7 & 11 Bankruptcy Lawyers - Nick Davis Law

Although both The Woodlands and Houston fall under the jurisdiction of the Southern District of Texas bankruptcy courts, the local courthouses assigned to your case may vary based on your specific location. The process itself remains the same, but court locations, hearing schedules, and trustee assignments may differ slightly. Nick Davis Law can help guide you through the specific procedures for your area, ensuring you meet all local requirements and deadlines without confusion or unnecessary delays.

Once you file for bankruptcy, the automatic stay goes into effect, which immediately halts creditor harassment, including phone calls, lawsuits, and wage garnishments. If creditors continue to contact you, they are violating the automatic stay, and you may be entitled to take legal action. Your attorney can file a motion with the court to stop the harassment and seek damages for violations. Nick Davis Law will ensure that you understand your rights and take appropriate steps to stop illegal creditor behavior.

Yes, individuals who own small businesses can file for Chapter 7 bankruptcy if they qualify under the means test. The business itself may also file for Chapter 7 if liquidation is necessary. If the business is a sole proprietorship, business and personal debts are treated as one, meaning both could be discharged. However, if your goal is to keep the business operational, you may want to consider Chapter 11 bankruptcy instead. Nick Davis Law will help assess whether Chapter 7 or Chapter 11 is the best option based on your business structure and financial goals.

Chapter 11 bankruptcy allows businesses to continue operating while reorganizing their debts. For small businesses in The Woodlands and Houston, this process can be streamlined under Subchapter V, designed specifically for small businesses with manageable debt levels. Chapter 11 can help you renegotiate contracts, reduce debt obligations, and improve cash flow while maintaining control of daily operations. Working with an experienced bankruptcy attorney is crucial to crafting a reorganization plan that meets the unique needs of your business and ensures creditor approval.

Yes, filing for bankruptcy in Texas will stop foreclosure proceedings through the automatic stay. This stay halts all foreclosure actions immediately after your bankruptcy petition is filed, providing you time to either discharge the debt in Chapter 7 or reorganize your mortgage payments under Chapter 13 or Chapter 11. For homeowners in The Woodlands, Houston, and surrounding areas, the Texas homestead exemption provides strong protection for your primary residence, helping you keep your home during and after the bankruptcy process.

In Texas, bankruptcy may allow you to discharge certain older tax debts, provided they meet specific criteria. Income taxes that are more than three years old, were properly filed, and are not tied to fraud or tax evasion may be discharged in bankruptcy. However, recent tax debts and payroll taxes are generally non-dischargeable. In Chapter 11 or Chapter 13, you can create a repayment plan to pay off tax debts over time. Nick Davis Law can evaluate your situation and advise whether your tax liabilities can be included in your bankruptcy case.

When you file for bankruptcy, the automatic stay protects you from creditors, but it does not always extend to co-signers on your loans. In Chapter 7 bankruptcy, creditors can still pursue co-signers for repayment of the debt. In Chapter 13 or Chapter 11, co-signers may receive some protection if the debt is included in your repayment plan. If protecting co-signers is a priority, your attorney can help you explore strategies to minimize their liability, such as reaffirming the loan or negotiating directly with creditors.

To qualify for Chapter 7 bankruptcy in Texas, you must pass the means test, which compares your household income to the median income for a family of the same size in Texas. If your income is below the median, you qualify for Chapter 7. If it is above the median, you may still qualify by demonstrating that you do not have enough disposable income to repay your debts. Nick Davis Law will help you complete the means test accurately and determine whether Chapter 7 or an alternative option, like Chapter 13 or Chapter 11, is best for your situation.

If you fail to list a creditor in your bankruptcy filing, the debt owed to that creditor may not be discharged, especially if it’s an asset case in Chapter 7. If the omission was unintentional, you can typically amend your filing to include the creditor, but this should be done as soon as possible to avoid complications. If you are in Chapter 13 or Chapter 11, missing a creditor could affect your repayment plan. Working with Nick Davis Law helps ensure that all creditors are properly listed and no debts are left out of your bankruptcy petition.

Yes, you can file for bankruptcy more than once in Texas, but there are restrictions on how frequently you can file. If you have received a discharge in a previous Chapter 7 case, you must wait eight years before filing another Chapter 7 bankruptcy. If you are switching from Chapter 7 to Chapter 13, you must wait four years. If you’ve filed Chapter 13 previously, you must wait two years before filing another Chapter 13. Nick Davis Law will help you understand the timing rules and whether filing again is in your best interest.

If you are leasing a vehicle and file for bankruptcy in Texas, you can choose to assume or reject the lease. If you want to keep the vehicle, you must continue making payments under the original lease terms. If you no longer want or can afford the vehicle, rejecting the lease allows you to return it without further financial obligation, though the lessor may file a claim for damages. Nick Davis Law will help you decide the best course of action regarding your vehicle lease based on your financial situation and bankruptcy goals.

Filing for bankruptcy can help address overdue utility bills by discharging them or reorganizing payments. However, utility companies can require you to make a deposit to continue or restore services after filing. The automatic stay prevents utility companies from disconnecting your services immediately after you file for bankruptcy, but you will need to work with them to ensure continued service. If utility debts are a concern, Nick Davis Law can help you include these in your bankruptcy plan and avoid service interruptions.

Medical debts are considered unsecured debts, and they can be fully discharged in a Texas Chapter 7 bankruptcy. In Chapter 13 or Chapter 11, medical debts can be included in your repayment plan, allowing you to pay off a portion over time, with the remainder discharged at the end of the plan. For many Texans facing overwhelming medical bills, bankruptcy provides relief from this financial burden. Nick Davis Law will help you assess how bankruptcy can alleviate your medical debt and protect you from further collection actions by healthcare providers.

Yes, past-due rent can be included in your bankruptcy filing. In Chapter 7, unpaid rent can be discharged, freeing you from the obligation to pay past-due amounts. However, if you want to remain in your rental property, you must continue paying rent after filing. In Chapter 13, back rent can be included in your repayment plan, allowing you to catch up over time. Nick Davis Law can help you navigate landlord-tenant issues during bankruptcy and ensure your housing situation is stabilized throughout the process.