Archive for the 'bankruptcy' Category

5th Circuit: No Student Loan Discharge When IBR = $0

Wednesday, August 4th, 2021

The Supreme Court recently finally resolved a Texas student loan discharge adversary which started in 2016. The court by denying a writ of certiorari in June of 2021 in Thelma McCoy v. U.S., 2021 WL 2519193. This is one of those “bad facts make bad law” cases. (In the interest of full disclosure, I have […]

Foreclosure and eviction moratoriums expiring

Thursday, July 29th, 2021

Guest blog by Megan Baumer Federal moratoriums on evictions and foreclosures on federally backed mortgages are currently scheduled to end on July 31, 2021.  However, the White House held meetings with local officials from across the country on July 21st to discuss ways to keep people in their homes and to avoid a nationwide eviction […]

Will I be able to buy a house after filing bankruptcy?

Sunday, July 25th, 2021

The answer depends on what you do post-bankruptcy. Rebuild your credit You’ll need to build a positive payment history after the bankruptcy and raise your credit score. If you have secured debt (house note, car notes)  that you continue to pay on time after the bankruptcy, the payments will be reflected on your credit report […]

Supreme Court: Creditor retention of vehicle after bankruptcy filing does not violate automatic stay

Thursday, June 17th, 2021

The “automatic stay” is imposed when someone files a bankruptcy case. Sec. 362(a)(3) prohibits “any act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate.” [Emphasis added.] If the person filing bankruptcy owns a vehicle on the date of the bankruptcy […]

Federal Tax Liens in Chapter 13

Monday, September 26th, 2011

I recently filed a Chapter 13 case and had an issue arise which I see occasionally that I thought might be of interest to the consumer debtor bar. In my case, the debtor lived in Travis County and owed the IRS taxes for several years, all but one of which would be dischargeable as “stale” […]


Wednesday, May 11th, 2011

The Fifth Circuit recently held that private employers may discriminate in hiring based on a bankruptcy filing. In re Burnett, 635 F.3d 169 (5th Cir.2011). The court distinguished between public employers which may not discriminate in hiring and private employers which may. Neither public nor private employers may discriminate with respect to persons who are […]

Assigned Ad Valorem Tax Claims in Chapter 13

Monday, July 20th, 2009

The following is a recent article published in the State bar of Texas Bankruptcy Law Section Newsletter. It is primarily of interest to consumer bankruptcy law attorneys practicing in Texas. Chapter 13 debtors whose taxes are not escrowed will occasionally resort to one of the property tax payment services which pay the taxes and take […]

The Future of Chrsyler

Wednesday, June 24th, 2009

On Father’s day morning I watched the McLaughlin Group as I do most Sunday mornings. (Although I frequently turn off the sound while they shout over each other.) At the end of the show, John invites his guests to make a prediction and he makes one, too. John predicted that Chrysler will produce a car […]


Friday, June 12th, 2009

The news since May 1, 2009. GM is closing 11 plants, “idling” 3 more, and closing 3 parts distribution facilities. Fiat/Chrysler is probably closing plants, but there is no official word yet. GM will layoff 21,000 (more) employees. Fiat/Chrysler will layoff more employees, but we don’t know how many yet. GM will reportedly terminate somewhere […]

Chrysler Chapter 11 email to Texas Bankruptcy Bar

Thursday, June 4th, 2009

The following is an email I sent to the Bankruptcy Section of the Texas Bar on May 14, 2009. Dear Readers: All of us who know a little about how bankruptcy really works have been amused and/or bemused by the whole notion that Chrysler would go through a “surgical bankruptcy” that would be completed within […]

by Michael Baumer