Earlier this week it was reported that a woman from the state of Arkansas pled guilty to forging a bankruptcy judge's signature so she could move forward with purchasing a used Ford Mustang.

Allegedly, Terah M. Mamau admitted that she had forged the signature of Judge Richard Taylor.  She manufactured a fake order in order to discharge her Chapter 13 bankruptcy case so she could purchase the used vehicle.

Prosecutors say that not only was the signature fake, but the judge who she listed on the order was not overseeing her case.  In February 2009, Mamau files for Chapter 13 and Judge James G. Mixon was assigned to her case.   A year ago, Mixon dismissed the bankruptcy because Mamau failed to make required payments to her creditors. 

Now, she is facing up to five years in jail and a $250,000 fine for her offense.

Need help filing for Chapter 13 bankruptcy?  Contact us to work with a San Antonio bankruptcy attorney.

When people are considering filing for bankruptcy in the state of Texas, they often wonder why they need to enlist the services of a San Antonio bankruptcy lawyer.

While you can certainly file for Chapter 7 or Chapter 13 bankruptcy on your own, it is important to know that the legal system is comprised of importance laws, rules, and regulations. For this reason, it is very easy to make huge mistakes while filing for consumer bankruptcy. Such mistakes may lead to the denial of your bankruptcy petition or delay the process entirely.  When you choose to work with a bankruptcy attorney, you will have a legal professional on your side who understands U.S. bankruptcy and this will expedite the bankruptcy process.

Finally, as you go through bankruptcy you will have to work with your creditors, which is scary for many people. However, when you have an attorney, he or she can negotiate with your creditors on your behalf.  This often makes the process less stressful.

Contact the Malaise Law Firm to learn how we can help you file for bankruptcy with ease.

After people have filed forChapter 7 or Chapter 13 bankruptcy, the United States Bankruptcy Code requires that they have a three for one hearing. During the hearing, people who are filing for bankruptcy are examined by a Trustee.

The 341 hearing is held 30 to 45 days after people have filed for bankruptcy. In most cases, the hearing will last around 10 minutes and attendance is absolutely mandatory.

During the 341 hearing, people's appointed Trustees will review bankruptcy paperwork, asked questions related to people's financial situations and decide whether an objection should be filed against their cases.  It is important to note that Trustees are not judges, rather they report into judges.

At the time of the 341 hearing, people may bring their bankruptcy attorneys with them and creditors may also appear to ask questions about their assets or money that may not have been revealed in their filed Schedules.

Do you have additional questions about the bankruptcy process in Texas?  If so, contact us to speak with a San Antonio bankruptcy attorney.

If you believe that you are on the verge of bankruptcy and you know that your debt has gotten out of control, you may wonder what you can do to avoid filing for Chapter 7 or Chapter 13.  This is understandable as bankruptcy can be frightening.  Below, our San Antonio bankruptcy law office has provided a few tips which may help you:

1.  Create a monthly budget and stick to it.  Many people struggle with debt because they do not have an established budget.  Take the time to review your income and expenses and then create a feasible financial plan.  Once that plan has been drafted, stick to it as much as possible.

2.  Consider starting an emergency fund.  Life always throws unexpected circumstances our way and sometimes, those circumstances drain our finances.  If possible, try to add money to an emergency fund which can be utilized if, for example, your car breaks down and needs repairs.

3.  Start paying off your debt.  The quicker you can pay off your debt, the less interest, late fees and over the limit fees you will accumulate.

Should you have additional questions about bankruptcy or filing for bankruptcy, the best thing you can do is to speak with a San Antonio bankruptcy lawyer by contacting the Malaise Law Firm.

Did you know that each year, the number of consumer bankruptcies filed in the United States has increased.  This fact is especially true in large cities, like San Antonio.  In 2009, approximately two million people filed for Chapter 7 and Chapter 13, which means that debt is a serious problem for many Americans.

People often ask "are there signs that I am headed for bankruptcy?"  While there are no fool-proof signs, people may find that they are headed toward bankruptcy if:

§  They have problems sticking to a budget or have not created a budget

§  Lack control over their spending or are chronic over spenders

§  They have not established an emergency fund

§  They have a house that is expensive and they are finding it difficult to pay their mortgage

§  They have excessive credit card debt and continue to add to that debt

Finally, it is important to know that many people who have to file for bankruptcy do so because of unexpected life circumstances, such as a serious illness in the family or unexpected job loss.

If you are thinking about filing for bankruptcy in San Antonio, it is advised that you meet with a San Antonio bankruptcy attorney as soon as possible.  Contact the Malaise Law Firm now!

If you are filing for chapter 13 bankruptcy or chapter 7, there are several things you can do to ensure a fresh start post-bankruptcy.  Below, our legal team has provided 5 tips:

1.  Take the time to meet with your lawyer.  This will ensure that you understand what your options are post-bankruptcy.

2.  Review your credit report.  If you filed for Chapter 7, you will want to make sure that your report indicates discharging of debt you owed to creditors.

3.  Stick to a monthly budget.  When filing for bankruptcy, you probably received insightful advice about creating a feasible budget.  It is advised that you follow this budget and live within your means.

4.  Start saving.  It is always a wise idea to start saving a percentage of your paycheck in case emergencies arise. 

5.  Learn from your prior financial mistakes.  Maybe you overspent or maybe you fell behind on your bills.  Whatever mistakes may have led up to your bankruptcy, try to learn from them so you can avoid repeating them.

Planning to file for bankruptcy in San Antonio, Texas?  If so, take the time to meet with a San Antonio bankruptcy lawyer at the Malaise Law Firm.  Contact us now!

After people have filed their Chapter 7 or Chapter 13 bankruptcy petitions, a bankruptcy trustee will be appointed to their cases.  Essentially, a bankruptcy trustee is designated to oversee people's bankruptcy proceedings.

Chapter 7
When people file for Chapter 7, a trustee will be selected from a random panel of lawyers.  During liquidation, the trustee will sell property and give the proceeds to people's creditors.  The trustee will also sit down with bankruptcy petitioners during a 341 meeting to ask questions about their income, debts and overall finances.  After the 341 meeting, the trustee reviews the bankruptcy paperwork and asks questions about nonexempt property. 

Chapter 13
When people file for Chapter 13, the bankruptcy trustee will still have a 341 meeting and discuss people's assets and finances.  However, instead of taking assets and going through the liquidation process, the trustee will assess people's repayment plans to see if it meets requirements and is feasible.  The trustee may also offer financial counseling or financial management services.

Are you filing for Chapter 7 or Chapter 13?  If so, contact the Malaise Law Firm  and speak with a San Antonio bankruptcy lawyer.

When it comes to the topic of consumer bankruptcy, there are many statistics that are surprising.  Below, we have listed statistics that were compiled by Harvard Professor Elizabeth Warren.  The study is named The Fragile Middle Class: Americans in Debt and surveyed bankruptcy debtors:

§  In the United States, the average age of bankruptcy filers in 38.

§  Two thirds of all people who file for bankruptcy have lost their jobs.

§  91% of all bankruptcy filers chose to pursue bankruptcy due to job loss, divorce or medical events.

§  Of the people filing for bankruptcy, 44% are couples, 30% are single women and 26% are single men.

§  An alarming 40% of bankruptcies are filed after people have gone through some sort of medical crises.

§  90% of people who pursue bankruptcy have a mortgage, an average of $2,500 in debt and two car payments.

It is plain to see that people file for bankruptcy for many different reasons and that it is more common than most would think.  If you are planning to file for consumer bankruptcy in Texas, contact the Malaise Law Firm to set up a consultation with a San Antonio bankruptcy attorney.

In the United States, consumers may file for chapter 13 bankruptcy if they:

§  are a U.S. resident

§  have a source of proven, regular income

§  owe less than $290,525 in unsecured debts

§  owe less than $872,550 in secured debts

Often times, people who choose to file for chapter 13 do so for two reasons.  The first reason people consider chapter 13 is because they make too much to file for chapter 7 according to the means test.   Anytime people choose to pursue bankruptcy, they must take the means test.  This test determines which type of consumer bankruptcy people may file for. 

The second reason people may choose to file for chapter 13 is because they wish to repay the debt they owe instead of simply having it discharged.  People who file for this type of bankruptcy will have 3 to 5 years to repay the debt that they owe to their creditors.

If you have additional questions about chapter 13 or bankruptcy eligibility requirements in Texas, contact the Malaise Law Firm and speak with a San Antonio bankruptcy attorney from our team.

One question that people commonly have when they are considering filing for consumer bankruptcy is "what is liquidation?" and "what assets can be liquated?"  These are normal questions and people should always seek answers before their commit to filing for bankruptcy.

Liquidation is a process that occurs when people file for chapter 7 bankruptcy.  During the liquidation process, creditors gain possession of people's assets and try to sell the assets for a profit.  The profit is then used to repay debt that people owe to their creditors.

Property that can be liquidated may include:  homes, vacation homes, land, vehicles, boats and other types of valuable material assets.  In order to avoid the liquidation process, people can file for chapter 13 bankruptcy or try to prevent liquidation by working with a bankruptcy attorney.

If you have additional questions about liquidation or bankruptcy, do not hesitate to contact the Malaise Law Firm and speak with a San Antonio bankruptcy lawyer.

People who choose to file for consumer bankruptcy, whether it is Chapter 7 or Chapter 13, often feel bittersweet.  That is normal and to be expected.  Anytime we have to confront our finances, it can be nerve wrecking.  However, when we don't have the financial means to pay our bills and are waist deep in debt, we must remember that filing for bankruptcy is a responsible choice. 

If you are thinking about filing for bankruptcy in San Antonio, you do not have to go through the process on your own.  Instead, work with a San Antonio bankruptcy attorney and you will receive the help you need.  Here are three ways a bankruptcy lawyer can be of assistance:

-  A bankruptcy lawyer can help you with all of your bankruptcy related paperwork and take this stress off of your plate.

-  A bankruptcy attorney can provide you with continual support so you do not feel alone or abandoned during the bankruptcy process.

-  A bankruptcy lawyer can put an end to persistent phone calls from collectors and creditors so you can focus on completing your bankruptcy without being harassed.

Contact the Malaise Law Firm to learn how we can help you!

According to news sources, the number of bankruptcies filed in the city of San Antonio decreased in the month of April by 2.7% compared to April of 2009. 

This past April, the U.S. Bankruptcy Court for the Western District of Texas in San Antonio announced that 433 people had filed for bankruptcy.  In 2009, that number was 421.  In March of 2010, San Antonio had 452 bankruptcy filings.

Further statistics revealed that 13 people filed for Chapter 11 in April, which is an increase from last year.  The number of Chapter 13 filings fell by 221 compared to the same time period in 2009 and the number of Chapter 7 bankruptcies filed decreased by 15. 

Planning to file for bankruptcy in San Antonio?  If so, now is the time to speak with a San Antonio bankruptcy lawyer at the Malaise Law Firm.  You can contact us to set up an initial consultation by calling 1-800-BANKRUPT.

If you are one of the millions of Americans facing foreclosure, you should take a moment to contact a Dallas bankruptcy attorney at the Malaise Law Firm about ways to fight foreclosure. While there are many alternatives to foreclosure, one of the most effective ways of fighting foreclosure is by filing for Chapter 13 bankruptcy.

Chapter 13 gives people struggling with debt the opportunity to reorganize their debts and finances without the pressure of banks, lenders, or creditors breathing down their necks. During a Chapter 13 bankruptcy the debtor not only is given the opportunity to reorganize his or her finances, but also works out a plan with the bankruptcy court to repay their debts over the course of three to five years. Sometimes the court will agree to let the debtor include mortgage debt as part of the repayment plan, thus saving the debtor from losing their home in foreclosure. Once the repayment plan has been approved, an automatic stay will be imposed that will stop any foreclosure action from moving forward.

The threat of foreclosure is a frightening thing to face. If you are interested in learning more about ways you can fight foreclosure, consider contacting a knowledgeable and highly experienced Dallas bankruptcy lawyer at the Malaise Law Firm today. We look forward to speaking with you and helping you save your home!