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Houston Texas Chapter 13 Bankruptcy

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Houston Texas Chapter 13 Bankruptcy

Houston Texas Chapter 13 bankruptcy is the bankruptcy  for those who desire to save a car or a house and cannot get current under the terms of the original contract.  Others who file for chapter 13 do so because some their property is non-exempt or their income is high enough to trigger a claim of abuse from the trustee or their creditors.

 Do you live within Harris, Austin, Brazos, Colorado, Fayette, Fort Bend, Grimes, Harris, Madison, Montgomery, San Jacinto, Walker, Waller, Wharton, Brazoria, Chambers, Galveston, or Matagorda County within the state of Texas? Or the towns of   Baytown, Bellaire, Bunker Hill, Deer Park, Friendswood, Galena Park, Humble, Jacinto City, Katy, La Porte, Pasadena, Tomball, West University, Cypress, Crosby, Woodlands, Denver Harbor, Spring & Alief

The Law Firm of Busby & Associates’ P.C. , can provide the representation you need if you are considering filing a chapter 13 bankruptcy.  Most cases are filed electronically and everyone has to appear at 515 Rusk Houston Texas for Court.

For those individuals and small business who have missed mortgage, vehicle payments, or a lawsuit has been filed against them, a Houston Texas Chapter 13 bankruptcy allows them to cure, or make up, missing payments. The payment is made through a “wage earner plan” and can run 3 to 5 years. Chapter 13 is also for those who are presumed to be abusing the bankruptcy process under Chapter 7 due to the means test analysis showing a positive income of over $166 per month. During this time, the creditor is NOT allowed to harass the individual or attempt to seize the asset unless the creditor seeks relief from the bankruptcy court. The secured creditor has the right to lift the stay if you are not carrying insurance on the collateral or you have not made your bankruptcy payments.

Eric Southward has filed over 10,000 bankruptcies in the last 14 years for both small business and consumers. The following outlines the process involved, including Chapter 13 bankruptcy requirements for filing with the court:

1. Credit counseling before file Chapter 13 bankruptcy

Before you file bankruptcy you must attend a briefing with an approved non-profit entity which will conduct a budget analysis with you. The cost for said counseling average $50.

2. File Petition, Schedules A-J, Statement of Financial Affairs, Means Test Analysis, and Plan with the Court

Prior to case being filed I will need a comprehensive list of your assets and liabilities. You will need to provide bank statements, pay advices, and tax returns. Some of this information is required to be filed with the court and some must go to your trustee. You have two trustees within the Houston Division of the Southern District, David Peake and William Heikamp.  Both are similar but with small management and/or legal differences of opinion.  Contact information for the court and the trustees are listed below

Once the case has been electronically filed, an injunction goes into effect staying your creditors from taking any further action to collect or recover on any debt you owe without first getting permission from the bankruptcy court. Notice must be given to your creditors, which my firm will do for you. This injunction is called the “automatic stay”. Violations of the automatic stay can be severe. Most of your larger debt collections agencies and mortgage companies will not attempt collection without getting permission from the bankruptcy court. Although some smaller companies who do not have much experience with the power of the bankruptcy judge will attempt collection. Our firm prosecutes violations of the automatic stay through a separate lawsuit called an “Adversary”.

You have 5 Judges in the Southern District of Texas.  Our firm frequently appears in bankruptcy court in front of the all of the judges weekly.  The judges, like the trustees, have different management styles and some differences of opinion as to the interruption of the law.  The differences are slight but could be costly depending on your facts.

Your monthly proposed plan payments are first due 30 days after your case is filed and then continue for the duration of your plan. If you miss any payments required prior to your Plan being confirmed by the court, your case will be dismissed and you will lose the protection of the bankruptcy Stay

3. Your “PLAN” – Chapter 13 Bankruptcy

In Chapter 13, along with all your other papers, you file a “Plan” of repayment to some of your creditors.  The plan payment is determined by the assets you own, the types of debts you have, and your income.  Some of the terms used to determine your payments are outlined below:

A. You are paying ALL of your current monthly income into the plan for a minimum of 36 months, and a maximum of 60 months depending on the facts of your case and your household income. Disposable income is defined as your net income (gross income minus tax withholding) minus your reasonable and necessary living expenses.

B. Certain creditors must be paid 100% through your Plan, so you must have sufficient disposable income to be able to do this in the required time frame. Examples of creditors needing to be paid 100% are: Mortgage and vehicle arrearages, taxes less than 3 years old, past due child support or alimony and others.

C. Your unsecured creditors will receive a percentage on the dollar. The percentage will be determined by how must money is left over after you pay certain bills

4. Section 341 Meeting of Creditors

This occurs within the first 45 days of the case. It is often referred to as the section “341(a) Meeting.” The Trustee will review your bankruptcy papers and the information contained therein. The trustee wants to make sure you understand the process and are aware of your duties and responsibilities. In Houston, Texas the trustee will usually recommend confirmation of your plan at this meeting if your paperwork is in proper order. If so, then you may not have to come back to court for the confirmation hearing.  Attendance of creditors at this meeting is infrequent and the meeting is quick if you paperwork is in good order.  The location is 515 Rusk 3rd floor of the federal courthouse buildings

The Trustee’s role in a Chapter 13 bankruptcy case is at first to make sure that you are filing your case in “good faith” and that your monthly plan payment is as high as possible, so as to maximize the benefit to your creditors. Once your Plan is confirmed by the court, however, the Trustee generally wants to see you succeed because that’s how the Trustee and creditors get paid.

5. Objections and Claims Litigation

Your creditors are able to object to your plan on the grounds set forth above, as well as others (if they can show it wasn’t proposed in good faith, the amounts are insufficient, etc.). Creditors are required to file “proofs of claim” with the court in order to be paid from your Plan. As you might imagine, these claims may be for higher amounts than you put in your bankruptcy papers. This can often cause your proposed plan to become infeasible and necessitates that your attorney object to these claims (assuming grounds exist for doing so).

Also, creditor may file a claim that is time barred in state court. This debt is often referred to as “Zombie Debt,”. The creditor is required to attach something to the claim indicating indebtedness and when was the last charge or payment on the account. Should this not be done then this is grounds to object to the claim and have the claim disallowed. Texas has a four year statute of limitations on breach of contract. If the last charge or payment was more than 4 years prior to the filing of the bankruptcy, this claim may be denied. At the same time the creditors are required to file their claims within 90 days of the creditor’s meeting and late claims can be denied as well. It is not wise to attempt to have a mortgage or a vehicle claim denied on being late as the lien still survives the bankruptcy. But with unsecured debts, having late claims denied can result in you paying a higher percentage to your other creditors while still discharging the late claims. This can also result in getting out of bankruptcy quicker as your total gross plan payments have been reduced by the disallowance of late or time barred claims.

6. Plan Confirmation Hearing and Plan Payments

Several weeks after your creditors meeting, the court will hold a hearing on confirmation of your Plan. This is a graduating event which you want to occur as soon as possible.  The trustee starts to make disbursements to your creditors after the order of confirmation is signed. Attendance is not necessary if the trustee is recommending that your plan be approved.

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7. Modification or Conversion

Modification to confirmed plans is common place. If you fail pay tax debt that is incurred after the filing or lose your job while you are in bankruptcy them it is possible to revisit your confirmed plan and attempt a second bite at the apple. You generally must have a good reason for failing behind and a solid plan to catch up. If you are unable to catch up, you may consider converting the case to chapter 7. It would be as if you filed a chapter 7 case in the first place. You will need to provide an updated budget and will have to attend a new 341 meeting of creditors with your chapter 7 trustee. If you cannot get current then this is sometimes your best option but you will likely lose the property you were attempting to cure in the chapter 13 bankruptcy.

8. Discharge

The entry of the discharge order requires a 2nd class and a motion.  Mr. Peake teaches this class and there is no charge to attend his course if he is your trustee. You will need to review and sign the motion for entry of discharge. Once the discharge is entered you should be current on your mortgage and have paid your vehicle in full. The legal effect of the discharge is that a creditor cannot file suit in a court to attempt to force you to pay.  While the IRS and other creditors would not be able to execute on the debt or judgment if the debt or judgment was perfected prior to the commencement of the bankruptcy. The term “discharge,” does not extinguish the debt or obligation.  It discharges the creditor’s ability to legally collect the debt or obligation.  The next step is to update your credit report by following our post discharge section.

 

9.  Updating Your Credit Report

 

Your credit report should show your discharged debt with a ZERO balance.  If it does not say this, then go to the all of the bureau’s websites to  “DISPUTE,” the balanced showed.  Just click on the creditor you are disputing and it will being up a box of reasons why you are disputing that debt. All you need to do is click the reason “Was included in my bankruptcy filing.” It’s that easy.

 

In about 45 days, the agency will update your report showing the debts being reported correctly. Do not delay in updating your credit file.

 

IMPORTANT: Make sure that your Credit Report is UPDATED and CORRECTED PRIOR to getting any type of financing. Especially if you are buying a house or car!

 

RECOMMENDATIONS:

Your credit score (FICO) and how high you can get it after bankruptcy are important. We recommend that you download FICO’s 17-page booklet called Understanding Credit Reports and Scores. You can find it on FICO’s web site at www.myfico.com/CreditEducation/.

Bankruptcy Resources for Houston Texas Chapter 13 bankruptcy are listed below:

 

William E. Heitkamp, Chapter 13   Trustee

9821 Katy   Freeway,Suite590

Houston,TX 77024

(713) 722-1200   Phone

(713) 722-1211   Facsimile

Website Access for Debtor B/K   Case www.13datacenter.com

 

 

Trustee   Payment Address:

(PUT   CASE #)

Do send   certified funds- money orders or cashier’s checks

Do not send   cash or personal checks.

William E.   Heitkamp, Chapter 13 Trustee

P.O.     Box   740

Memphis,Tennessee 38101-0740

 

 

Support staff   that assist at 341 is:

DebtorDepartment   341 Desk

Barbara barbara_w@ch13hou.com Ext.3421

On   Going Mortgage/WAGE Order/ACH Department:

Michael (Dept   Supervisor) michael_h @ ch13hou.com Ext.3428

Michelle michelle_d @ ch13hou.com Ext .3438

Shirlie shirlie_w @ ch13hou.com Ext.3439

Jadie jadie_g @ ch13hou.com Ext.3417

Wage   Orders

Barbara barbara_w@ch13hou.com Ext.3431

ACH/EFT

Mary mary_i@ch13hou.com Mary mary_i@ch13hou.com Ext.3421

Technical   Support:

Angelique angelique_h@ch13hou.com Ext.3435

Southern   District (ECF Help Desk)

1-866-358-6201

H-3   Judge Paul   Courtroom 401

341   Meeting of Creditors held every Wednesdays of the month (3rd floor  suite 3401).

Confirmation   Hearing is held every Thursday of the month.

Dismissal   Hearing is held every Thursday of the month.

The   deadline to Modify in a dismissal hearing is a day prior of the dismissal   hearing.

Pre-Confirmations

Judge Paul (H-3)

Dawn   H. (Dept Supervisor) dawn_h@ch13hou.com Ext..3422

Karen                                   karen_o@ch13hou.com Ext. 3458

Casey                                   casey_w@ch13hou.com Ext. 3425

Stacey                                  stacey_c@ch13hou.com Ext.3426

Rosie                                    rosie_p@ch13hou.com     Ext.3423

rspport:                   Post-Confirmation   Motion to Dismiss

Judge Paul (H-3)

Janet   janet_w@ch13hou.com Ext.3437

Modifications

Judge Paul (H-3)

April    april_j@ch13hou.com  Ext.3451

 

————————————————

H-5   Judge Brown   Courtroom 403

341   Meeting of Creditors held every Wednesdays of the month (3rd floor  suite 3401).

Confirmation   Hearing is held every 3rd week of the month (Tuesday).

Dismissal   Hearing is held every 2nd week of the month (Tuesday).

The   deadline to Modify in a dismissal hearing is a day prior of the dismissal   hearing.

Pre-Confirmations

Judge Brown (H-5)

Dee   (Dept Supervisor) dee_w@ch13hou.com  Ext.3430

Jillian                           jillian_o@ch13hou.com   Ext.3429

Loretta                          loretta_a@ch13hou.com Ext.3432

Leticia                          leticia_a@ch13hou.com Ext.3427

David                           david_f@ch13hou.com Ext.3450

rspport:                   Post-Confirmation   Motion to Dismiss

Judge Brown (H-5)

Missie   missie_s@ch13hou.com Ext.3444

Modifications

Judge Brown (H-5)

Maria   maria_b@ch13hou.com-Ext.3446

 

H-2   Judge Jones   Courtroom 400

341   Meeting of Creditors held every Wednesdays of the month (3rd floor  suite 3401.

Confirmation   Hearing is held every3rd week of month (Thursday).

Dismissal Hearing is held every 1st week of month   (Thursday).

The   deadline to Modify in a dismissal hearing is prior to the dismissal hearing   with the exception of debtors that have not made any payments for 3 months   straight.  If no payment is made has   been made, in the past 3 months or debtor has made an attempt to make any   kind of payment the case will be dismissed.

 

Pre-Confrimations

Judge Jones Docket Supervisor                L CHECKS(H1 & H2)

Viviene McBayneVMcBayne@Peakech13trustee.com      128  (A-F)

H1   Case Analyst

Julie   Sosa JSosaPeakech13trustee.com              116  (G-L)

 

SuePitts@Peakech13trustee.com -104

Wage Orders (H1   & H4)

Karyn   Osborne  kOsborne@Peakech13trustee.com -146

H-1 Judge Isgur Courtroom 404

341   Meeting of Creditors held every Friday of the month (3rd floorsuite 3401).

Confirmation   Hearing is held every 3rd week of month (Tuesday).

Dismissal   Hearing is held every 2nd week of month (Wednesday).

The   deadline to Modify in a dismissal hearing is prior to the dismissal hearing   with the exception of debtors that have not made any payments for 3 months   straight.  If no payment is made has   been made, in the past 3 months or debtor has made an attempt to make any   kind of payment the case will be dismissed.

On Going Mortgage/ ACH Department:

Judge Isgur Cases

Labresha Haskins LHaskins@Peakech13trustee.com -153

Danny   Lei       DLei@PeakeCh13trustee.com -129

Pre-Confrimations

Judge Isgur Docket Supervisor                L CHECKS(H-1)

Viviene McBayneVMcBayne@Peakech13trustee.com      128  (A-F)

H1   Case Analyst

Julie   Sosa JSosaPeakech13trustee.com              116  (G-L)

Theresa   McKinney TMckinney@peakech13trustee.com  131    (M-R)

Stacey   Bauer          SBauer@Peakech13trustee.com           105  (S-Z)

Debtor   Counselor Supervisor (H1 Modification/Post Conf. Dismissal)

Leticia   ChavezLChavez@Peakech13trustee.com -124

Debtor   Counselor Supervisor (H-4

Post-Confrimation   Motion to Dismiss

Judge Bohn-H4

Barbara   Stewart BLake@Peakech13trustee.com -151

Staff Attorneys:

Judge Bohm Cases

Richard   Aurich RAurich@Peakech13trustee.com -156

 

 

H-2 Judge Jones Courtroom 400

341   Meeting of Creditors held every Friday of the month (3rd floorsuite 3401).

Confirmation Hearing is held every 3rd week of   month (Thursday).

Dismissal Hearing is held every 1st week of month   (Thursday).

The   deadline to Modify in a dismissal hearing is prior to the dismissal hearing   with the exception of debtors that have not made any payments for 3 months   straight.  If no payment is made has   been made, in the past 3 months or debtor has made an attempt to make any   kind of payment the case will be dismissed.

On Going Mortgage/ ACH Department:

Judge Jones Cases

Labresha Haskins LHaskins@Peakech13trustee.com -153

Danny   Lei       DLei@PeakeCh13trustee.com -129

Pre-Confrimations

Judge Jones Docket Supervisor                L CHECKS(H-2)

Viviene McBayneVMcBayne@Peakech13trustee.com      128  (A-F)

H1   Case Analyst

Julie   Sosa JSosaPeakech13trustee.com              116  (G-L)

Theresa   McKinney TMckinney@peakech13trustee.com  131    (M-R)

Stacey Bauer          SBauer@Peakech13trustee.com           105  (S-Z)Theresa   McKinney TMckinney@peakech13trustee.com  131    (M-R)

Stacey   Bauer          SBauer@Peakech13trustee.com           105  (S-Z)

Post-Confrimation   Motion to Dismiss

Judge Jones(H-2)

Marcus   Teel   CHenry@Peakech13trustee.com -141

Modifications

Judge Jones(H-2)

Casey   casey_w@ch13hou.com Ext.3425

David G. Peake, Chapter 13 Trustee

9660   Hillcroft,Suite   430

Houston,TX 77096

(713)   283-5400 Phone

(713)   852-9084/85 Facsimile

(888)   283-2459 Toll Free Number

Website   Access for Debtor B/K Case www.13datacenter.com

 

 

Trustee   Payment Address:

(PUT CASE #)

Do send   certified funds- money orders or cashier’s checks

Do not send   cash or personal checks.

David   G. Peake, Chapter 13 Trustee

P.O. Box2158

Memphis,Tennessee38101-2158

 

Support   staff that assist at 341 Meeting of Creditors is:

Administrative   Department:

Operations Manager                                      

Denise   Bostic  DHB@Peakech13trustee.com -109

DebtorDepartment   341 Desk

Sara   Contreras SContreras@Peakech13trustee.com -115

Cecilia   Martin   CMartin@Peakech13trustee.com– 103

Sue   Pitts

Post-Confrimation   Motion to Dismiss

Judge Isgur-H1

Marcus   Teel   CHenry@Peakech13trustee.com -141

Staff Attorneys:

Judge Isgur Cases

Dinorah   Gonzalez DGonzalez@Peakech13trustee.com -139

 

H-4   Judge Bohm   Courtroom 600

341   Meeting of Creditors held every Friday of the month (3rd floorsuite 3401).

Confirmation Hearing is held every 3rd week of   month (Monday).

Dismissal Hearing is held every 2nd week of month   (Monday).

The   deadline to Modify in a dismissal hearing is a day prior of the dismissal   hearing.

On Going Mortgage/ ACH Department:

Judge Bohm Cases

LorraineHernandez LHernandez@Peakech13trustee.com -143

Ashley Tu ATu@peakech13trustee.com -140

Pre-Confrimations

Judge Bohm Docket Supervisor          (H4)

Rita Sanchez RSanchez@Peakech13trustee.com-112

H4   Case Analyst

Gladys   Saucedo GSaucedo@Peakech13trustee.com -158

Marie Le MLe@peakech13trustee.com -108

Modification/Post   Conf. Dismissal)

Joel Pena JPena@Peakech13trustee.com -130

Post-Confrimation   Motion to Dismiss

Judge Jones(H-2)

Marcus   Teel   CHenry@Peakech13trustee.com -141

 

 

 

 

 

Debtor   Counselor Supervisor (H-2 Modification/Post Conf. Dismissal)

Leticia   ChavezLChavez@Peakech13trustee.com -124

Staff Attorneys:

Judge Jones Cases

Dinorah   Gonzalez DGonzalez@Peakech13trustee.com -139

 

Our toll-free telephone number is at 1-866-912-9832. You need to learn about all of your options including information about credit, debt, bill consolidation services and federal bankruptcy law.  Please call us at 1-866-912-9832 so that we can discuss your case. You can also visit our web site: www.busby-lee.com. Our attorney fees are reasonable, competitive, and court- approved.   It is important that you call us soon. Our office is conveniently located near the Galleria and Highway 59 on Hillcroft between Richmond and Westheimer. Call us toll-free at 1-866-912-9832 for directions to our office.

We provide bankruptcy services in the greater Houston metro area including the cities of Katy, Sugarland, Pearland, Friendswood, Clear Lake, Bellaire, Bunker Hill, Deer Park, Denver Harbor, Galena Park, Cypress, Jacinto City, Jersey City, La Porte, Missouri City, Pearland, Sea Brook, Stafford, Alief  and Galveston. We also handle cases from The Woodlands, Spring and Tomball and cases in Baytown and Channelview.

We handle bankruptcy cases in all of these counties: Brazoria, Chambers, Galveston, Matagorda, Austin, Brazos, Colorado, Fayette, Fort Bend, Grimes, Harris, Madison, Montgomery, San Jacinto, Walker, Waller, Wharton

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