General Bankruptcy Information

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The United States Bankruptcy Code allows individuals to receive a fresh start from their debts.  It is a protection provided for by the United States Constitution.  Bankruptcy allows you to receive a forgiveness of your unsecured debts and forces your Creditors to cease any and all collection efforts against you.  If your Creditors violate the protections provided for by Bankruptcy, you can sue them in federal court and receive monetary damages.

 

There are several different types of bankruptcy, but the two types that most consumers file are Chapter 7 and Chapter 13.  A link to a detailed explanation of each choice can be found from our main page.  In short, Chapter 7 discharges your unsecured debts, such as credit cards, medical bills and repossessions.  It does not help you if you are behind on your mortgage or car payments.  In a Chapter 13, a consumer can pay mortgage and vehicle arrears (missed payments) over a period of 3 to 5 years.  Unsecured creditors will receive a percentage of what is owed to them through the Chapter 13.

 

A Trustee is assigned to administer each Bankruptcy Case.  The Trustee, or one of his staff, will preside at a Meeting of Creditors, will distribute non-exempt assets and will provide payments, if any, to the Creditors.  Each person who files Bankruptcy must attend a Meeting of Creditors 4 to 6 weeks after filing.  This is not a scary experience.  The Trustee will simply review your identification to ascertain that you are the person who filed, then ask you some simple questions about your case.  Most of these meetings last approximately 5 minutes.  Don’t worry, we will be there to help you each and every step of the way.

 

For individuals living in the Harris, Fort Bend, and Montgomery counties, you must file your Bankruptcy case in the Southern District of Texas, Houston Division.  The Federal Courthouse is located in Downtown Houston at 515 Rusk (corner of Rusk and Smith).

 

There are five Bankruptcy Judges assigned to cover these areas:

• Judge Karen K. Brown, Chief Bankruptcy Judge

• Judge Leticia Clark

• Judge Wesley Steen

• Judge Marvin Isgur

• Judge Jeff Bohm

 

There are three Chapter 13 Trustees assigned to the Greater Houston area:

• William E. Heitkamp

• David G. Peake

• Daniel E. O’Connell

 

There are twelve Chapter 7 Trustees assigned to this same area:

• Lowell Cage

• David Askanase

• Janet Casciato-Northrup

• Ben Floyd

• Ken Havis

• Joseph Hill

• Pamela Johnson

• W. Steve Smith

• Ronald Sommers

• Rodney D. Tow

• Robbye Waldron

• William West

• Randy Williams

 

Please refer back to our main page to find out more information about our Services and our Firm.