Houston Bankruptcy Attorney
In these hard economic times the individual or small business owner might have to take drastic actions to recover and stay afloat. Do not let creditors harrass and hound you for money. You need a lawyer to represent you in legal and financial matters to protect your livelihood and state of mind.
Weston Legal, PLLC is ready to assist you in your Debt Management issues.
Get a fresh financial start in life...
Houston Consumer Bankruptcy
Chapter 7, 13
Personal bankruptcy is commenced by an individual filing Chapter 7, or 13. The most common is Chapter 7, in which the debtors non-exempt assets are liquidated and unsecured debts are discharged. The debtor is allowed to exempt certain property from liquidation by the trustee. The list of exempt property includes homesteads, household furniture and furnishings, jewelry, clothing, interests in an automobile, tools of the trade, pensions, ect. (for a complete list view our "judgments in Texas" page)
In a Chapter 13, the purpose is rehabilitation of the debtor. Basically, you are given the chance to repay some or all of your debts, but under generally better terms. Rather than having to liquidate assets to pay off debts like in a Chapter 7, this process is designed to allow the debtor to use future income to pay off creditors. Chapter 13 Bankruptcy is essentially an adjustment or reduction of debts for a debtor with regular income.
The "automatic stay" goes into effect immediately upon the filing a bankruptcy. This stay prohibits any act to collect money or take property from the debtor. It stops wage garnishments, foreclosures, repossessions, and the like. The stay generally remains in effect throughout the case
The new Bankruptcy Abuse Prevention laws that went into effect on October 17, 2005 did not destroy personal bankruptcy, it simply put greater restrictions on filing, especially filing chapter 7's. Many people now believe that bankruptcy is gone, this is not true. Once we evaluate your specific situation we will be able advise you on your eligibility to file bankruptcy.
For more detailed information view our "bankruptcy process" page.
Houston Business Bankruptcy
Chapter 7, 11
Chapter 7 Liquidation
If you own a company that simply owes too much money and cannot continue to operate, a Chapter 7 can be filed. Upon filing, the court appoints a trustee. The trustee's primary duty is to sell the assets of the bankruptcy estate and make distributions to creditors. The trustee's commissions and other administrative expenses are paid first, followed by payment of priority debts (often taxes), and then to general unsecured creditors on a pro rata basis.
Houston Chapter 11 reorganization
If you own a company that is simply not making enough money but you would like to keep the company in business with the protection of the bankruptcy court, then a Chapter 11 may be possible. In a Chapter 11, management continues to run the day-to-day business operations but all significant business decisions must be approved by the court.
Pete W. Weston, has practiced in the bankruptcy court for over 20 years and has significant experience with both Chapter 7's and Chapter 11's for businesses.
For more detailed information view our "bankruptcy process" Page.
Houston Consumer Law
All too often creditors and collection agencies cross the line with their predatory collection tactics. If you have been receiving abusive collection calls and threats, then your rights may have been violated.
Federal Fair Debt Collection Practices Act (FDCPA) (for more information see our "we sue debt collectors" page)
Houston Credit Card Lawsuit Defense
Houston Debt consolidation without Bankruptcy
How it works
Essentially, the debt settlement company negotiates upon the borrowers’ behalf with creditors to reduce the overall debts in exchange for an agreement upon regular payments to be made. For the debtor, this makes obvious sense – they avoid the stigma and intrusive court-mandated controls of bankruptcy while still lowering, sometimes by more than 50%, their debt balances. Whereas, for the creditor, they regain trust that the borrower intends to pay back what he can of the loans and not file bankruptcy (in which case, the creditor risks losing all monies owed).
Houston Debt Collection Abuse
• Constantly calling you at work when you have asked/told them not to.
• Revealing your debt to third parties.
• Leaving messages and not revealing they are a debt collector.
• Threatening a lawsuit when they do not intend on bringing one.
• Claiming that you can or will be arrested if you do not pay the debt.
• Claiming that a judgment will occur immediately if you do not pay.
• Claiming that they can garnish your wages if you do not pay.
• Claiming that they will put a lien on your house if you do not pay.
Houston Debt Settlements without Bankruptcy
Bankruptcy is not for everyone. At Weston Legal we offer Bankruptcy alternatives, including debt settlement. We can work with your creditors and attempt to settle your debt for pennies on the dollar. It is dangerous to try and settle a debt without having a written settlement agreement. All too often consumers “settle” debts only to have the debts re-appear years later. If you are interested in trying to settle your debt and you have not been sued, please fill out our debt settlement questionnaire.
Houston Credit Repair
At Weston Legal, we routinely handle a wide variety of probate matters including drafting wills, trusts, directive to physicians, and powers of attorney. The importance of estate planning is greatly underestimated. If you are suddenly hospitalized or struck with a terminal illness, you should decide how you want the situation to be handled by filling out a directive to physicians or medical power of attorney, do not force a family member to make a terribly hard decision. By planning your estate now, you can save your family members from future costs, expenses, and grief. (also see our "do I need a will?" page)
What are your Fees?
We do not have an hourly rate, they should be outlawed. We charge FLAT FEES and we can quote you a flat fee after briefly discussing your situation with you. You will know exactly how much it will cost to hire us for this Houston Student Loan Lawsuit.
We would be happy to answer any additional questions that you may have.
Contact us now for free with no obligation consultation.