Bankruptcy: What is a Motion for Relief from Stay?

When a bankruptcy petition is filed a federal injunction automatically goes into place which prevents creditors from attempting to collect debt that was incurred prior to the bankruptcy filing. This injunction is called an automatic stay. The automatic stay doesn’t last forever. It ends naturally when the bankruptcy case is finished and can be lifted… Read More »

Chapter 13 Bankruptcy: Motion to Dismiss

A motion is a document filed with a court requesting an order. Motions can be filed for all sorts of reasons including requests to dismiss Chapter 13 cases. In Chapter 13 bankruptcy cases motions to dismiss are usually filed by the trustee. A trustee may file this type of motion for several different reasons. The… Read More »

Chapter 13 Bankruptcy: Objections to Confirmation

In Chapter 13 bankruptcy debtors propose a plan to repay all or part of their debt. The plan states the names of the creditors, the amount owed on the claim, the interest rate, value of the collateral securing claims, and the treatment the creditor will be provided in the bankruptcy case. Secured creditors, priority creditors,… Read More »

Strategic Default Under Texas Law

A strategic default is when the owner of real property intentionally stops making mortgage payments and allows the property to be foreclosed. The benefits of doing this depend on the state in which the property is located. Each state has laws which govern a mortgage lender’s ability to collect a deficiency following foreclosure of property.… Read More »