Skilled Austin Bankruptcy Attorneys
Compassionate Legal Representatives Working for Debt Relief in Texas
At The Law Offices of Alex R. Hernandez, Jr. PLLC, our team of seasoned attorneys is committed to using our extensive knowledge of the law to guide clients through each phase of the bankruptcy process so that they can overcome burdensome debts and reframe their financial futures.
We understand that difficult times can force an individual to go into tremendous debt just to stay afloat. From losing your job to having to pay for an expensive medical procedure for a loved one, countless circumstances push people to file for bankruptcy so that they can get their financial affairs back in order.
Our bankruptcy lawyers in Austin believe there is no shame in seeking assistance through bankruptcy in your time of need, so reach out to our firm today at (888) 907-8994 and we will treat you with the kindness and compassion that you deserve as you get your finances back in-line once again.
What is Chapter 7 Bankruptcy?
Clients often come to us thinking they won’t qualify for bankruptcy, however, Chapter 7 bankruptcy is an ideal option if you are in serious debt and earn less than the state median income. Another benefit of filing for Chapter 7 bankruptcy is that it will automatically stay most types of lawsuits filed against you.
When you file for Chapter 7 bankruptcy, the court will send a notice out to all of your creditors informing them to cease any further action against you. It is important to note that you can’t file for Chapter 7 bankruptcy if you have already had a bankruptcy case dismissed within the last 180 days. If you need Chapter 7 bankruptcy services, reach out to us today to discuss your situation in a free consultation.
What is Chapter 13 Bankruptcy?
Chapter 13 bankruptcy is commonly referred to as “wage earners bankruptcy” or “bill consolidation.” While Chapter 7 bankruptcies are intended for debtors of modest means, Chapter 13 bankruptcy is an option that higher-income families can take advantage of if they are overcome with debt or facing foreclosure on their homes.
Do you still earn regular income but you’re drowning in debt? Then you can use Chapter 13 bankruptcy services to renegotiate the terms of certain types of debt that you will eventually repay through a monthly payment plan. This bankruptcy option also prevents debt collectors in Texas from harassing you with annoying calls throughout the day.
Chapter 13 vs Chapter 7 Bankruptcy
One of the main differences between Chapter 7 and Chapter 13 bankruptcy is the treatment of assets. In a Chapter 7 bankruptcy, the debtor's non-exempt assets are liquidated to pay off creditors, while in a Chapter 13 bankruptcy, the debtor is typically allowed to keep all of their assets and pay off their debts over time. Additionally, Chapter 13 bankruptcy may be a better option for individuals who have valuable assets, such as a home, that they want to keep.
Another difference between the two types of bankruptcy is the eligibility criteria. Chapter 7 bankruptcy has a means test that determines whether an individual is eligible to file. The means test looks at the debtor's income and expenses to determine whether they have enough disposable income to pay off their debts. In contrast, there is no means test for Chapter 13 bankruptcy, but the debtor must have a regular income to be eligible.
Why File for Bankruptcy?
Filing for bankruptcy is often seen by people as “the easy way out” or what someone does when they’ve given up. However, this isn’t the case. There are many benefits to filing for bankruptcy. Some of the top reasons why you should consider filing for bankruptcy are:
- It gives you the opportunity to start over if you are in over your head with debt
- It prevents collectors from harassing you or continuing to try to collect on your debts
- It can allow you to protect some of your most important assets rather than having them taken away by collectors or lenders
If you find yourself in more debt than you can handle, don’t be afraid to ask for help. At Alex R. Hernandez, Jr. we believe in second chances, and we’re here to help you fight for your right to start fresh.
How to File for Bankruptcy
Filing for bankruptcy in Texas is a fairly simple process, but it can be beneficial to have a skilled bankruptcy attorney in Austin guide you. By hiring an attorney, you ensure that you are filing the proper paperwork and meeting specific deadlines in order to file for bankruptcy. An attorney can also help give some weight to your bankruptcy case and show lenders that you mean business.
Here’s how to declare bankruptcy in Texas:
- Determine what types of debts you have and whether or not those debts qualify for bankruptcy forgiveness
- Determine what your assets are and whether you will be able to keep them
- Determine which type of bankruptcy is right for you, Chapter 7 or Chapter 13
- Stop paying any debts that qualify to be forgiven
- Enroll in a debt and financial guidance course
- Submit the proper paperwork
- Attend necessary hearings and court proceedings
- Receive your debt discharge ruling
If you’re ready to get started on your bankruptcy case in Texas, reach out to our Austin bankruptcy lawyers today by calling (888) 907-8994.
Our Legal Team Can Guide You Towards a Debt-Free Future
If you would like to discuss which bankruptcy option is best suited for your current situation, please don’t hesitate to get in touch with the skilled attorneys at our bankruptcy law firm so we can devise a strong legal strategy that protects your interests.
When you choose The Law Offices of Alex R. Hernandez to represent you in your bankruptcy matters, you can feel confident knowing that we will stand by your side and guide you through every step of the bankruptcy process to ensure that you make informed decisions.
Are you tired of constantly struggling with debt or worried that you’ll soon be facing foreclosure due to the current economic environment? Then get in touch with us today by calling (888) 907-8994 to schedule a case evaluation so we can discuss what we can do to help eliminate your debt problems.
Mr. Alex Jr. is one of the most passionate attorneys I have ever met, whose concern is mainly about the children. Not sure if ...- Child Custody
He got my case dismissed on a technicality - enough said.- Markus
Knowledgeable about civil procedure rules. I hired him to handle a complicated complex litigation case and he did an ...- Mike
Mr. Hernandez Jr was an excellent lawyer during my time of need. While dealing with a family matter, I contacted Mr. ...- Ryan
Where can I start? I have known Attorney Alex Hernandez since 2005. I have had the pleasure of having him represent me on ...- Elva Hernandez Philp
As a business owner in the community, occasionally I find it necessary to rely on advice of counsel. Contract law is often ...- Construction Client
I have known Mr. Hernandez Jr. for quite a few years and I have used him for family litigation. This man has done great ...- Justin
He is the most enthusiastic and informative lawyer I've ever met that took care of business. Alex is very friendly and ...- Chris