The current economy has made it difficult for families and businesses to keep up with paying their debts. For some, the debt becomes too much and family or business is no longer able to keep up with their bills. The Law Office of Glen L. Work can provide counsel and advice about the options available under Texas law and Chapters 7, 11, and 13 of the federal Bankruptcy Code.
The current economy has made it difficult for families and businesses to keep up with paying their debts. For some, the debt becomes too much and family or business is no longer able to keep up with their bills.
In Chapter 7 bankruptcy, a Bankruptcy Court appoints a Trustee to sell all non-exempt assets and distribute the proceeds to the creditors.
For individuals and families, Chapter 7 bankruptcy affords a chance to make a “fresh start” in which most types of debt are discharged, and all non-exempt property is turned over to a Trustee. Texas law and federal law define what property a debtor is allowed to keep, and what property a debtor must turn over to a Trustee. In many cases, a debtor is allowed to keep all their property as exempt. However, an experienced bankruptcy attorney should help you identify which assets and property you are entitled to keep and which assets must be surrendered.
Additionally, secured debts such as a mortgage or car loan must be reaffirmed if a debtor wants to keep the collateral, e.g. the house or car. An experienced bankruptcy attorney should help you negotiate all reaffirmation agreements.
Chapter 13 bankruptcy can help a debtor overcome an otherwise unmanageable debt without forfeiting non-exempt property. A Chapter 13 bankruptcy takes between three and five years and is available for individuals and sole proprietorship businesses.
If a person is behind on paying a secured debt, such as a mortgage or car payment, a Chapter 13 plan can sometimes allow that person to catch up those missed payments and avoid foreclosure or repossession.
In Chapter 13 bankruptcy, under a plan of reorganization approved by a Bankruptcy Judge, all debt payments are combined into one monthly payment. The payment is made to a Chapter 13 Trustee, who then distributes it to the creditors. At the end of the plan, most debts are discharged.
Chapter 11 bankruptcy is a complex process that requires an attorney experienced in handling the different issues of a Chapter 11 bankruptcy. In a Chapter 11 bankruptcy case, no Trustee is appointed. The Chapter 11 business acts as its own Trustee. Only in extremely unusual cases is an independent Trustee appointed. Businesses in Chapter 11 bankruptcy need an experienced attorney to guide the business through the reorganization process of developing a Plan of Reorganization. A Chapter 11 Plan of Reorganization, which details how the different debts will be paid, and in what percentage, is presented to creditors for approval. The creditors then vote on whether or not to accept the Plan. Once the Plan is accepted, it becomes binding on creditors and the Chapter 11 business.
If the creditors do not accept the Plan, either a new Plan can be proposed, the bankruptcy court can impose the plan on the creditors, or the negotiations may simply end up failing. A bankruptcy attorney with experience in developing a Plan and negotiating creditors’ acceptance is crucial to the success of the Chapter 11 bankruptcy case.
Under the U.S. Bankruptcy Code and Texas law, creditors have specific rights with regard to the debtor; however, the correct procedures must be followed in order to exercise those rights. If a debt was obtained fraudulently, or with the intent to hinder, delay, or defraud creditors, the U.S. Bankruptcy Code allows the creditor to request that the debt be found non-dischargeable. In extreme cases, the debtor may be denied a discharge entirely. If you or your business is a creditor in a Chapter 7, 13, or 11 bankruptcy case, an experienced attorney can ensure that your rights are protected as much as possible.
One particular section of the U.S. Bankruptcy Code can seem extremely unfair to creditors. Section 547 of the U.S. Bankruptcy Code gives Trustees the power to recover payments made to creditors, called preferences or preferential payments, if certain conditions are met.
Additionally, under Texas law, if a debtor gives valuable property to someone else, or sells it for far less than it is worth, a creditor can sue to have the property returned. An attorney experienced in fraudulent transfer litigation can help recover valuable property that otherwise might be lost. The Law Office of Glen L. Work is experienced in litigating lawsuits defending creditors’ rights, and can assist your business in identifying and pursuing defenses that will minimize your loss.
- Power of Attorney
Families today come in all variations. Whether the issue is divorce, adoption, child custody or support, the Law Office of Glen L. Work can represent families in working through their various legal issues.
- Child Custody
- Child Support
- Community and Separate Property
- Domestic Violence
- Prenuptial Agreements
- Protective Orders
- Visitation Rights
No one plans on getting arrested. Unfortunately, sometimes it happens. The Law Office of Glen L. Work can represent you and make sure your rights are upheld, that you are treated fairly under Texas law, and if possible, make sure that any record is sealed or expunged.
Order of Nondisclosure
In certain cases, Texas law allows criminal records to be sealed by judicial order. Obtaining an Order of Nondisclosure may be possible if prosecution or judgment was deferred, and the period of Deferred Adjudication or Deferred Prosecution was completed successfully. However, certain crimes cannot be the subject of an Order of Nondisclosure, even if prosecution or conviction was deferred.
Criminal records subject to an Order of Nondisclosure cannot be accessed or viewed by the general public; only specific law enforcement and regulatory agencies may access them. An attorney experienced in drafting and obtaining Orders of Nondisclosure can help get criminal records sealed.
Only in very rare cases can criminal records be expunged. Expunction, sometimes incorrectly referred to as expungement, is available only in limited circumstances such as being acquitted at trial or receiving a pardon after conviction. Contact the Law Office of Glen L. Work to see what options are available to you.
DWI / DUI
Being charged with DWI or DUI can be a confusing and disorienting experience. DWI is a serious crime with serious, far-reaching consequences. If you are charged with DWI or DUI, your license will be suspended unless you or your attorney takes immediate affirmative action to request a hearing. Knowing the procedural requirements and the necessary steps is difficult, if not impossible without hiring an attorney. The Law Office of Glen L. Work can effectively represent you to ensure that you get the best possible result.
Business / Corporate
- Business Entity Formation / Corporate Formalities
- Creditors’ Rights
- Fraud and Fraudulent Inducement
- Fraudulent Transfers
- Breach of Fiduciary Duty
- Breach of Contract
- Employment Disputes
- Business-related Torts
- Insurance Disputes and Bad Faith Claims