Austin Texas Bankruptcy Lawyer
Texas Bankruptcy Attorney
What is redemption?
Redemption allows an individual debtor, not a partnership or a corporation, to keep tangible, personal property intended primarily for personal, family, or household use, and must pay the lien holder a fixed amount of the secured claim on the property. Otherwise, in order to retain the property, the debtor would have to pay the entire amount of the secured creditor`s debt, do a reaffirmation agreement, and become legally obligated to the debt again. The property redeemed must be claimed as exempt or abandoned. With redemption, a debtor can often get liens released on personal household possessions for much less than the underlying debt on those secured possessions. Unless the creditor consents to periodic payments, redemption must generally be made in one lump sum payment to the creditor.
What does it mean if a case is dismissed?
A dismissal order ends the case. Upon dismissal, the automatic stay ends and creditors may start to collect debts, unless a discharge is entered before the dismissal and is not revoked. An order of dismissal itself will not free the debtor from any debt. Often, a case is dismissed when the debtor fails to do something that is required, such as show up for the creditor's meeting, answer the trustee`s questions honestly, produce books and records the trustee requests, etc. Unless the debtor appeals the order or seeks reconsideration of the order within ten (10) days after entry of the order, the Clerk will automatically close the case.
What can I do if a creditor keeps trying to collect money after I have filed bankruptcy?
If a creditor continues to attempt to collect a debt after the bankruptcy is filed, you should immediately notify the creditor in writing that you have filed bankruptcy, and provide them with either the case name, number and filing date, or a copy of the petition. If the creditor still continues to try to collect, the debtor may be entitled to take legal action against the creditor to obtain a specific order from the court prohibiting the creditor from taking further collection action. If the creditor is willfully violating the automatic stay, the court can hold the creditor in contempt of court and punish the creditor by fine or incarceration. Any legal action brought against the creditor will be complex, and will normally require representation by a qualified bankruptcy attorney.
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Additional Questions or need further information?
Michael PledgerMichael J. Pledger
Austin, Texas:
701 Brazos, Suite 500
Austin, TX 78701
Telephone: 512-441-1027
Fax: 512-597-0726
San Antonio, Texas:
1100 N.W. Loop 410, Suite 700
San Antonio, Texas 78213
Call: 210-366-9961
Fax: 210-568-1585
Houston, Texas:
14090 Southwest Freeway, Suite 300
Sugar Land, Texas 77478
Call: 713-526-1639
Fax: 832-565-1585