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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)
- Credit Card Lawsuit Defense
(We FIGHT junk debt lawsuits)
- Debt consolidation without Bankruptcy
- Debt repayment without Bankruptcy
- Texas Deceptive Trade Practices Act (DTPA)
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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.
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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.
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 board certified experience with both Chapter 7's and Chapter 11's for businesses.
For more detailed information view our "bankruptcy process" Page.
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Probate
At Weston & Associates, 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)
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Weston & Associates, PLLC
3100 Weslayan, Suite 250
Houston, Texas 77027
713.623.4242
mail@westonlegal.com
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