When you're filing for bankruptcy, it is critical to understand your legal rights. Bankruptcy laws protect consumers from financial ruin and the potential to be abused by creditors.

By allowing consumers to have their qualifying debts eliminated, bankruptcy offers all Americans a second chance at controlling their debt.

As experienced San Antonio Bankruptcy Lawyers, we have helped thousands of clients throughout Texas reorganize and eliminate debt, saving homes, cars and wages from overly aggressive creditors. We can advise you of all your legal options and help you decide if bankruptcy is the best choice for you. We provide solid legal guidance in the following areas:

• New Bankruptcy Laws
• Chapter 7 Bankruptcy
  
• Chapter 13 Bankruptcy (Small Business and Consumer)
• Debt Settlement/ Creditor Negotiation
• IRS Tax Resolution
• Foreclosure Mediation
• Mortgage Modification Mediation
• Loan Workouts
• Short Sales
• Credit Counseling
• Debt Consolidation
• Petitions
• Adversary Proceedings
  

Vanhemelrijck Law Offices, LP is a Debt Relief Agency with experience helping individuals and families file for relief and protection under the bankruptcy code. At our Firm, you will not be required to sacrifice personalized legal services or attorney availability in order to enjoy the added security and benefits received by the clients of high-volume consumer-debtor practices. Every client is given personalized attorney service, increased attorney availability and increased attorney/client interaction.

At Vanhemelrijck Law Offices:

• You will not be treated like a mere faceless case number, whose only contact with a licensed attorney was at the initial consultation and/or 341 meeting. INSTEAD, your experienced San Antonio Bankruptcy Attorney will be reasonably available to answer your case-related questions and to explain case-related court documents.
• Your case will not be handled by or assigned to a paralegal. INSTEAD, a licensed attorney will handle your case and (if necessary) paralegal staff will be utilized to provide supervised routine clerical and document handling support to your attorney.

You will enjoy access to:

• The vast collective knowledge of a group of experienced bankruptcy attorneys who together have filed over 10,000 bankruptcy cases (including a Chapter 7 Trustee).
• A highly trained paralegal staff, with experience in efficiently managing the document support needs of a high volume consumer-debtors legal practice with over 3,500 open cases on any given month.
  
• An established working relationship with contacts at common national creditors, which reduces the uncertainty that normally involves creditor negotiations, increases the overall success and reduces the amount of time required to settle debt

As respected San Antonio Bankruptcy Lawyers, we have a depth of experience in both Chapter 7 and Chapter 13, and are well-versed in the new requirements of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, enacted on April 20, 2005 and effective on October 17, 2005. While the new law has created new requirements, many of the benefits of bankruptcy still exist. In fact, the change in the law will actually benefit some Chapter 13 filers.

Debt Settlement:  Resolve Debts Without Filing Bankruptcy
You may retain our Firm to negotiate a debt settlement and avoid filing for bankruptcy. For many individuals, filing for bankruptcy may not be the best option. Through debt settlement we can successfully resolve your unsecured debts (i.e., credit cards, collection accounts) for only a percentage of what is owed.

Tax Resolution
Our Firm can also help you reduce or even eliminate your tax debt by negotiating Offers in Compromise with the Internal Revenue Service (IRS). The goal behind offering a Tax Resolution Program is to provide individuals and business owners the opportunity to resolve tax debts and tax liens for only a percentage of what is owed without filing bankruptcy.

If you or someone you know in Texas needs the assistance of an experienced San Antonio Bankruptcy Lawyer, call Vanhemelrijck Law Offices today at 866-737-8596, or complete the contact form provided on this site to schedule your free consultation.

Practice Areas and Legal Definitions

Every year, more than 1,000,000 Americans file for protection under Federal bankruptcy laws. Although some bankruptcy claimants are deemed as credit abusers and/or considered financially irresponsible, many hardworking individuals and businesses can succumb to financial difficulty, and face irreparable economic crisis. Bankruptcy is designed as a legal option to help resolve such a crisis, and act as a financial life preserver for those drowning in debt. To discuss your bankruptcy options, or other areas of recourse that might be available to you, contact a qualified bankruptcy attorney who can advise you of your legal rights as stated under Bankruptcy Law and federal Bankruptcy courts.

New Bankruptcy Laws:
Bankruptcy is a federal court process designed to help individuals and businesses eliminate their debts or repay them under the protection of the bankruptcy court. Bankruptcies can generally be described as liquidation or reorganization. Under a liquidation bankruptcy (Chapter 7), a claimant files to eliminate debt through the bankruptcy court. Under a reorganization bankruptcy (Chapter 13), a claimant files a plan with the bankruptcy court proposing how to repay creditors.

As of October 17, 2005, the requirements under which a debtor may file Chapter 7 bankruptcy changed with the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act.  Debtors are now required to seek budget and credit counseling within six months of filing, financial “testing” is required to determine the debtor’s capacity for debt repayment, Chapter 7 cannot be filed if the household income is greater than the median household income as deemed by the state, and state exemptions cannot be applied unless the debtor has resided at current residence for over two years.

Due to the imposed requirements for Chapter 7 bankruptcy as set forth by the new laws, debtors who were eligible to file under Chapter 7 will now have to file under Chapter 13 bankruptcy instead, in which individuals and creditors agree to a court-imposed plan that requires some or all debts be repaid over five years, with an appointed trustee assigned to monitor the repayment process. Bankruptcy filings will continue to be recorded on an individual’s credit report for seven years in the case of Chapter 13, and up to ten years for Chapter 7.

Chapter 7:
Chapter 7 cases are commonly referred to as straight bankruptcy or liquidation cases, and may be filed by an individual, corporation, or a partnership. A Chapter 7 bankruptcy case does not involve the filing of a plan of repayment as in Chapter 13. Instead, the bankruptcy trustee gathers and sells the debtor's nonexempt assets and uses the proceeds of such assets to pay holders of claims (creditors) in accordance with the provisions of the Bankruptcy Code. Part of the debtor's property may be subject to liens and mortgages that pledge the property to other creditors. In addition, the Bankruptcy Code will allow the debtor to keep certain "exempt" property; but a trustee will liquidate the debtor's remaining assets. Accordingly, potential debtors should realize that the filing of a petition under Chapter 7 may result in the loss of property.

Chapter 13:
A Chapter 13 bankruptcy is also called a wage earner's plan. It enables individuals with regular income to develop a plan to repay all or part of their debts. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years. Chapter 13 permits individuals to keep their property by repaying creditors out of their future income.  It is not available to corporations or partnerships. After completion of payments under the plan, Chapter 13 debtors receive a discharge of most debts.

Foreclosure:
Foreclosure is the legal proceeding in which a bank or other secured creditor sells or repossesses a parcel of real property (immovable property) due to the owner's failure to comply with an agreement between the lender and borrower called a "mortgage" or "deed of trust". Commonly, the violation of the mortgage is a default in payment of a promissory note, secured by a lien on the property. When the process is complete, it is typically said that "the lender has foreclosed its mortgage or lien".

A Foreclosure by Sale ends in the posting of a sign advertising the auction of your home on the sale date. The only ways to stop a foreclosure are full payment of the arrearage, or the filing of a Chapter 13 bankruptcy. Full Payment: If you are able to obtain and tender the full amount of your arrearage, including fees and costs, you can stop the foreclosure of a standard residential mortgage. Most people lack the money to make full payment. This process stops the foreclosure and allows you to repay your arrearage over a three-to-five year period. The arrearage is paid through a court-appointed official, while you resume your regular monthly payments to the bank in order to keep your home. A Chapter 13 can be filed at any time prior to the law day or sale date, and it is often the only avenue to save your home.

Bankruptcy Fraud:
Bankruptcy fraud is a business crime of filing for bankruptcy with criminal intent, that is with the intention of evading payment for goods even though the buyer has funds that could be used to pay for them, or accepting payment for goods or services but not supplying them. Common types of bankruptcy fraud include petition mills, false oath, concealment of assets, and fraudulent conveyance. Multiple filings are not per se fraudulent; as with all things in the law, it depends on the circumstances. Bankruptcy fraud should be distinguished from strategic bankruptcy, which is not a criminal act (but may prejudice a judge against the filer if there is evidence that bankruptcy is being used strategically).

Debt Consolidation:
Contrary to popular belief, debt consolidation is not a loan. Debt consolidation is a process in which debt is restructured into one low monthly payment. It further enables a consumer to reduce the amount owed and thereby eliminate interest. Very often a consumer can detect warning signs of being in too much debt long before any collection notices are received. If more than two of the following signs apply to you, you are probably in too much debt:

• You have begun charging to your credit card essential expenses like food and daily expenditures
• You are making only the minimum payments on your credit cards each month
• You are near the limit of your credit cards
• You have too many credit cards
• You are unsure how much money you owe creditors

If you or someone you know in Texas needs the assistance of an experienced San Antonio Bankruptcy Lawyer, call Vanhemelrijck Law Offices today at 866-737-8596, or complete the contact form provided on this site to schedule your free consultation.

If you or someone you know in Texas needs the assistance of an experienced San Antonio Bankruptcy Lawyer, call Vanhemelrijck Law Offices today at 866-737-8596, or complete the contact form provided on this site to schedule your free consultation.

ADDRESS OF THE FIRM:
Vanhemelrijck Law Offices, LP
1100 N.W. Loop 410, Suite 700
San Antonio, TX 78213
Telephone: 866-737-8596
Fax: 866-732-8799

MEMBERS OF THE FIRM:

J. Robert Vanhemelrijck

• Founding and Managing Partner of Vanhemelrijck Law Offices, LP.
• Provides Bankruptcy Litigation Support to Koffel and Jump, Attorneys, in Columbus, Ohio.
• Formerly, worked for Koffel and Jump, Attorneys, where he was responsible for managing all mortgage and lien avoidance matters. Also, while working for Koffel and Jump, Attorneys, he provided litigation support to W. Mark Jump and Christal Caudill (a Chapter 7 Trustee), on cases involving Bankruptcy and Tax issues.
• Assisted a United States District Judge from the Southern District of Texas, Brownsville Division, with the writing of Court orders and/or decisions.
• Assisted a United States Bankruptcy Judge from the Southern District of Ohio, Eastern Division (Columbus), with the writing of Court orders and/or decisions.
• Provided substantial assistance with the drafting and preparation of three (3) Continuing Legal Education (CLE) Presentations, which were used to teach bankruptcy practitioners about the effects of the 2005 amendments to the Bankruptcy Code.
• Member of the Texas State Bar Association.
• Member of the American Bar Association.
• Member of the Federal Bar Association.
• Graduate of The Ohio State University Moritz College of Law (Columbus, Ohio), where he received his Juris Doctor degree and earned the "Excellence for the Future Award."
• He received his undergraduate degree from Texas State University (San Marcos, Texas). His major was in Political Science (B.A.) and his minor was in Business Administration. He graduated summa cum laude.
• He is a fluent Spanish speaker and writer.
• He is an animal lover, with two dogs, one of which was rescued from a San Antonio humane society called The Animal Defense League.
• Community service includes serving as a volunteer at the Political Asylum Project of Austin, Texas.

W. Mark Jump

• Considered by his peers and the legal community as one of the best in his profession.
• Included in the 2007 edition of Best Lawyers in America.
• Named a Rising Star by Ohio Super Lawyers Magazine.
• Listed and BV rated by Martindale-Hubbell, one the highest ethical ratings.
• Member National Association of Consumer Bankruptcy Attorneys (NACBA).
• President and former Trustee of the Creditor Education Coalition (CEC) where he has been featured as a speaker and panel member at numerous seminars alongside Judges and Trustees.
• Sits on Consumer Bankruptcy Law Committee of American Bankruptcy Institute (ABI).
• Member Columbus Bar Association (CBA), where he has been featured as a speaker and panel member at numerous seminars alongside Judges and Trustees, including teaching new practitioners the fundamentals of consumer bankruptcy.
• Authored articles “Consumer Debt: Easy to Get Into, Hard to Get Out ,“ Summer 2003, and “ Bankruptcy Reform: The new Long and Winding Road out of Debt,” Fall 2005; both articles published in Columbus Bar Briefs, a quarterly legal publication for members of the Columbus Bar Association and Columbus legal and business community.
• Member Ohio State Bar Association (OSBA).
• Member American Bar Association (ABA).
• Seminar Speaker for the National Business Institute.
• Has been turned to as a leader in the field by others and interviewed and/or featured by numerous news broadcasts and publications, including: Channel 6 News, 610 WTVN Radio, Business First, The Columbus Dispatch.
• He is a graduate of Capital University Law School where he received the Dean’s Award.
• He received his undergraduate degree from Miami University in Business Administration, including a summer abroad studying and living at Regents Business School in London, England.
• Married, with two daughters.