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Supreme Court Bans Lien Stripping of Underwater Junior Liens In Ch. 7 Cases

The Supreme Court has decided that “[a] debtor in a Chapter 7 bankruptcy proceeding may not void a junior mortgage lien under §506(d) when the debt owed on a senior mortgage lien exceeds the current value of the collateral if the credi­tor’s claim is both secured by a lien and allowed under §502 of the Bankruptcy Code.” Bank of America, N. A. v. Caulkett, 13–1421 (6/1/2015). Ponder whether the Caulkett ruling will be extended to Chapter 13, and … [Read more...]

Abby’s Client Testimonial

My most prized client testimonial.  It came today, unsolicited, from Abby, a client's granddaughter.  Click the title to see the image.         … [Read more...]

How to Circumvent McCoy – The Back Door Approach

By: William D. Weber (post script to "Fifth Circuit Judicially Eliminates 2 Year Filing Rule" - dated June 26, 2012) Introduction The McCoy decision is still binding precedent in every federal court located in the Fifth Circuit (all court’s in Texas, Louisiana and Mississippi). Under McCoy, federal income taxes can never be discharged in bankruptcy if the taxpayer files his return late. However, the IRS does not follow the McCoy decision, … [Read more...]

Houston Bankruptcy Attorney Indicted for Bankruptcy Fraud

On February 14, 2014, Houston Attorney Calvin Braun was indicted by a federal grand jury on one count of bankruptcy fraud and 3 counts of fling false bankruptcy declarations.  If convicted on any one of these charges, the penalty is a maximum prison sentence of 5 years, a fine of $250,000, or both. Braun was arrested four days later on February 18, 2014. He was released after posting a $25,000 bond which conditioned his release on his promise … [Read more...]

Bankruptcy Disclosure Audits Resume on March 10, 2014

William D. Weber / March 1, 2014 As part of the bankruptcy process, debtors are required to disclose all of their assets, creditors, income, expenses and financial history.  The filing of accurate financial disclosures has always been very important.  These disclosures are made under penalty of perjury.  The filing of inaccurate disclosures can result in criminal prosecution for bankruptcy fraud and filing false statements under oath.  A … [Read more...]

McCoy – Fifth Circuit Judicially Eliminates the 2 Year Filing Rule

Prior to January 2012, the rules relating to the discharge of tax debts in bankruptcy cases were relatively straight forward. Bankruptcy Code §§ 507(a)(8) and 523(a)(1) provide that income tax debts can be discharged in bankruptcy if the tax in question meets the following requirements: Three Year Age Rule. More than 3 years must elapse between the bankruptcy filing date and the date the income tax return was last due, including all … [Read more...]

Local Bankruptcy Filings Up 9.7% But Texas State and Local Bankruptcy Filings Still Rank the Lowest in the Country

A common client question is: Are bankruptcy filings increas­ing as a result of the downturn in the economy? The normal assumption is that bankruptcy filings must be increasing because of all of the national media reports about unemploy­ment, the inability for businesses to obtain loans, and the general downturn in the economy.The clear answer for Houston bankruptcy filings is "yes" - bankruptcy filings in the Greater Houston area have spiked … [Read more...]

Activity Depicted in Operation Repo is Illegal in at Least 49 States; Regaining Possession In Chapter 13 Bankruptcy

The Misconception About Repossession. Several popular realty television shows depict creditor attempts to repossess collateral after a consumer defaults in repaying the loan. One example is Tru TV’s "Operation Repo" which stars thug like characters repossessing vehicles through coercion, violence and physical confrontation. These shows leave the public and consumers with the impression that a creditor may legally engage in virtually any type of … [Read more...]

Excellent Chapter 13 Attorney

I received excellent representation from a board certified bankruptcy attorney in thorny Chapter 13 Bankruptcy case.
- C McDonald
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Made My Bankruptcy Simple

Like most folks, I was scared about the process of filing bankruptcy. Mr. Weber made what seemed to be an incredibly complex process simple to understand. His ability to walk me through every part of the filing, and his quick turn around in answering any questions I had, continued throughout the entire five years of my Chapter 13 plan. I HIGHLY RECOMMEND Mr. Weber if you ever get in the position of needing to file for bankruptcy.
- Matthew Berg
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Strongly Recommend Mr. Weber

Mr. Weber helped me file for Ch. 13 bankruptcy. He was very nice to me and helped me through the entire process. I recommend him strongly.
- Lucia Valdez
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Find out why thousands trust us to help them through their bankruptcy. From following the best strategy in your particular case, to understanding how to use the system for best results, call Weber Law now for your free consultation.