San Antonio, Texas Consumer and Small Business Bankruptcy Attorneys

Rosenbaum Law Offices

7330 San Pedro Plaza, Suite 150 San Antonio, Texas 78216 USA

 (210) 344-7716 or (888) 863-6012

www.rosenbaum-law.com
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Law Firm Overview Free Consultation

At Rosenbaum Law Offices, clients have relied upon for advice and representation in Chapter 7 and Chapter 13 bankruptcy cases since 1986. Key features of our practice include prompt and attentive client service, ongoing mastery of bankruptcy law and rules, and painstaking attention to detail.

Our new clients discover quickly that we're just as interested in helping them prevent future credit problems as we are in filing and completing their bankruptcy case. Credit counseling and post-discharge corrections of mistakes on your credit report are important aspects of our service. We work with you as necessary to help you restore good credit and avoid common pitfalls that can lead to further debt problems.

A thorough understanding of the Bankruptcy Code is never enough by itself to assure high quality client service in a Chapter 7 or Chapter 13 case. Problems and opportunities in bankruptcy cases both lie hidden in the details. We work closely with you to make sure that your petition and schedules of assets, debts, income, and expenditures are clear and accurate. Attention to detail on these matters can make the difference between eligibility for Chapter 7 and the need to file under Chapter 13.

If you need advice about your right to protection under the U.S. Bankruptcy Code, contact an experienced San Antonio consumer bankruptcy attorney at Rosenbaum Law Offices for a confidential and free consultation. Paul Rosenbaum and Heidi McLeod are Board Certified in consumer bankruptcy by both the Texas Board of Legal Specialization and the American Board of Certification. We also advise and represent small businesses in Chapter 13 or Chapter 7 cases.

Practice Areas

Practice Areas Description

- Chapter 7 Bankruptcy

When loss of a job, divorce, or a long illness or medical crisis interrupts your income or significantly raises your expenses, Chapter 7 bankruptcy might well be your best option, especially if you need immediate relief from mortgage foreclosure, garnishment of your bank account, or repossession of your car. The automatic stay of bankruptcy will put an immediate stop to virtually every attempt to collect a debt that existed prior to your bankruptcy case, except criminal matters and some child support issues.

- Chapter 13 Bankruptcy

The main distinguishing feature of Chapter 13 is its debt repayment requirement. Chapter 13 debtors must file a plan for paying off debts according to classification — secured, priority unsecured, or general unsecured, for example — and make monthly payments to a trustee, who then distributes the payments to particular creditors. Payments under a Chapter 13 plan continue for a three to five year period, or until the case is completed, dismissed or converted to Chapter 7. A Chapter 13 debtor can dismiss or in some cases convert the case upon motion.

- Automatic Stay

The most obvious and immediate benefit of filing for bankruptcy protection under Chapter 7 or Chapter 13 is the automatic stay of Bankruptcy Code Section 362. The automatic stay goes into effect immediately upon the filing of the bankruptcy petition, and prevents most creditors from doing anything to collect or enforce a prepetition claim against the debtor. For further information about the automatic stay of bankruptcy and how it can relieve debt collection pressure, contact a San Antonio bankruptcy attorney at Rosenbaum Law Offices.

- Creditor Harassment

When an individual files bankruptcy (either Chapter 7 or Chapter 13), an automatic stay goes into effect. An automatic stay prevents most creditors from doing anything to collect or enforce a prepetition claim against the debtor. Collection actions that creditors are banned from doing include: telephone calls, collection letters, filing or continuation of lawsuits, wage garnishment, repossession and home foreclosures.

- Mortgages and Secured Debts

Secured creditors, or those claiming an interest in particular property of the debtor, enjoy additional protection in bankruptcy. If their mortgage or security interest is properly documented, filed, and perfected at least 90 days before bankruptcy, they will be entitled to receive the value of the collateral securing their claim from the debtor, or the collateral itself. If your bankruptcy case is likely to involve mortgage (known in Texas as a deed of trust) or such secured debts as vehicle notes, contact a knowledgeable San Antonio bankruptcy attorney at Rosenbaum Law Offices.

- Credit Card Debt

Holders of credit card debt can and sometimes do object to the discharge of obligations that amount to credit card abuse, fraud, or that reflect unusually high activity shortly before filing for bankruptcy. Most of our clients have nothing to fear in this regard. More typically, their access to credit was terminated long before they started thinking seriously about bankruptcy, with a substantial portion of the balance reported on their debt schedules reflecting late fees and over-limit charges. In this more typical situation, credit card debt is subject to discharge to the same extent as any other unsecured claim. In a Chapter 7 case, some unsecured debts may be wiped out or non-exempt property may be liquidated to pay unsecured debt. In a Chapter 13 case, token payments to unsecured creditors are included in the payment plan, and holders of credit card debt will share those payments proportionally with other unsecured creditors.

- Bankruptcy Exemptions

At various times and places--not here and not recently--bankruptcy consisted of gathering the debtor's property and dividing it on a proportionate basis among his creditors. Stripped of everything, the debtor would try to begin a new life from a starting point of having nothing at all. Over the years, especially in the United States, it came to be recognized that certain possessions, such as clothing, tools, and livestock, are essential to the debtor's ability to resume meaningful participation in society and the economy. Property that cannot be taken from a debtor to satisfy creditors' claims is regarded as exempt property, and today's bankruptcy system has continued and refined the concept of exemptions.

- Dischargeability

Many of our clients have non-dischargeable debt listed on their schedules. Especially in Chapter 13 cases, favorable arrangements can be negotiated and incorporated in the payment plan. Examples of non-dischargeable debts include: Government Guaranteed Student loans; recent taxes, or taxes for which returns have not been filed; child support or alimony obligations; criminal fines for DUI; credit card debt involving fraud or recent abuse; loans obtained under fraudulent circumstances; and punitive damages in drunk driving accidents Although a few of these debts can be discharged under certain narrow circumstances involving hardship and good faith efforts for repayment, you should assume that any debt on this list will not be discharged in bankruptcy until you have the opportunity to discuss your situation with a lawyer experienced with dischargeability issues and litigation on objections to discharge.

- Debt Consolidation

Both debt consolidation agencies and bankruptcy law firms are designated as "debt relief agencies." This is where the similarities stop. See comparison chart at Debt Consolidation. One of the dangers of working with a debt collection agency is the fact that most of your payments go to the agency — and not toward settling your debt. In contrast, in bankruptcy, you are paying the U.S. government. Debt negotiation/consolidation only settles unsecured debt. So, big-ticket items like your mortgage or car loan cannot be consolidated. Bankruptcy, by contrast, can stop foreclosure and repossession. One of the main benefits of bankruptcy is that it stops creditor harassment. When bankruptcy is filed, an automatic stay goes into effect, banning all collection actions by creditors. With debt consolidation, you will not be immune from harassing phone calls, letters and other creditor actions.

Attorneys

	Mr. Michael K Mayer Attorney Bankruptcy, Debt Relief, Insolvency		Mrs. Heidi McLeod Attorney Bankruptcy, Debt Relief, Insolvency
	Mr. Paul W Rosenbaum President / Owner Bankruptcy, Debt Relief, Debtor and Creditor, Insolvency, Consumer Bankruptcy Law

More Information on Rosenbaum Law Offices

San Antonio, TX Chapter 7 Bankruptcy Law Firm
Bankruptcy Automatic Stay Lawyers in San Antonio, TX
San Antonio, Texas Secured Debts Attorneys
Credit Card Debt Relief Lawyers in San Antonio, TX
Bankruptcy Exemptions Lawyers in San Antonio, Texas
San Antonio, TX Dischargeability Lawyers
San Antonio, Texas Debt Negotiation Attorneys
San Antonio, TX Debt Consolidation and Relief Lawyers
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