San Antonio Bankruptcy Attorney

What Are the Laws for Filing Multiple Bankruptcies?

2026-06-16 00:27:07

Filing for bankruptcy once is a big decision. Filing more than once raises a lot of questions. There are some important legal limits to filing for bankruptcy twice that you need to understand before you move forward.

The good news is that filing for bankruptcy more than once is legal. But there are waiting periods between filings. Those waiting periods depend on which type of bankruptcy you filed before and which type you want to file now.

If you are dealing with debt problems and you have been through bankruptcy before, our New Braunfels bankruptcy attorney can tell you what you need to know.

Is It Legal to File for Bankruptcy More Than Once?

Nothing in federal bankruptcy law says you can only file once. Many people who file a second or even third time are not doing anything wrong. They may have faced a new financial crisis years after their first case closed, such as a serious illness, job loss, or divorce. Life is unpredictable, and Congress built the bankruptcy system with that in mind.

The Difference between a True Lease and a Secured Purchase

2026-06-07 00:00:00

When you sign a lease agreement, you probably assume you're renting. But in bankruptcy, what a contract is called doesn't always match what it actually is. Some agreements labeled as "leases" are actually disguised purchase contracts, and that distinction changes how your bankruptcy case can handle the debt.

If you're thinking about filing for bankruptcy in Texas, a New Braunfels bankruptcy attorney can help. We can figure out whether your "lease" is really a lease or something else entirely, and how it fits into your broader bankruptcy case.

What Is the Difference Between a True Lease and a Secured Purchase?

A true lease means you're paying for the right to use property for a set period of time. When the lease ends, you give the property back. A secured purchase, by contrast, means you're buying the property over time, and the seller holds a security interest until you've paid in full.

What Is a Chapter 20 Bankruptcy?

2026-05-27 00:24:34

You've probably heard of Chapter 7 and Chapter 13 bankruptcy. But there's a third strategy that combines both, and it goes by an unofficial name: Chapter 20 bankruptcy. It's not a real chapter in the bankruptcy code. But it is a real strategy that Texas residents use to get out from under debt that Chapter 7 and Chapter 13 can’t solve on their own.

If you’re interested in filing for bankruptcy and wondering what the best approach for your case might be, our San Antonio bankruptcy lawyer can help.

What is "Chapter 20" Bankruptcy?

Chapter 20 bankruptcy isn’t a real legal term. Instead, the name comes from simple math: 7 plus 13 equals 20. Courts and bankruptcy attorneys across Texas recognize it as a possible option, even though you won't find it written in federal law. To understand Chapter 20, you need to understand what Chapter 7 and Chapter 13 do on their own, and why each one sometimes falls short of a real person’s needs.

Suing a Creditor in Bankruptcy

2026-05-16 08:00:00

Most people think about bankruptcy as a purely defensive process. You file for bankruptcy, the process immediately offers certain protections, and eventually your debts are wiped out or affordably restructured. What many people don't realize is that bankruptcy also gives you real tools to go on the offense when creditors step out of line or when a debt's status is genuinely unclear.

If you are dealing with a creditor who won't follow the rules or a debt that isn't clearly covered by your discharge, you may have the right to sue that creditor directly in bankruptcy court. This might sound intimidating, but bankruptcy court is actually one of the most practical places to resolve these issues. You also already have a Texas bankruptcy attorney on your side who knows your situation and whether credit card companies are doing things they shouldn’t.

"Pre-Petition" and "Post-Petition" Debts in Chapter 13

2026-05-07 00:00:00

If you are filing for bankruptcy in 2026, or if you are already in the middle of a Chapter 13 case, you may have heard the terms "pre-petition" and "post-petition" debts. These are legal terms that describe when a debt was created, either before or after you filed for bankruptcy. The difference is important in Chapter 13, because the two types of debts are treated very differently and it’s better to know what they are beforehand. Understanding how each type is handled can help you avoid surprises and make better decisions throughout your case.

If you have questions about Chapter 13 bankruptcy and how it works in Texas, call the Law Offices of Chance M. McGhee at 210-342-3400 for a free consultation with a New Braunfels bankruptcy attorney.

What Does "Pre-Petition" Debt Mean in a Chapter 13 Case?

The word "petition" refers to the document you file with the bankruptcy court to officially start your case. A pre-petition debt is any debt you owed before you filed that petition. These are the debts your Chapter 13 repayment plan is built to handle.

Bankruptcy May Be Better Than Consolidation

2026-04-30 00:49:11

When people feel like they’re drowning in debt, two options come up more than any other: debt consolidation and bankruptcy. Debt consolidation is heavily marketed as the responsible, respectable choice. It feels like the path that avoids the stigma of bankruptcy while still getting your finances under control.

But consolidation is not always what it promises to be. Many consolidation options amount to nothing more than a scam that can make debt problems even worse. For many people, bankruptcy is the smarter, faster and more honest path forward.

If you are considering filing for bankruptcy in Texas in 2026, our San Antonio consumer bankruptcy lawyer can help you work through your options without a sales pitch.

Surrendering a Vehicle in a Chapter 13 Case

2026-04-16 00:00:00

If you are struggling to keep up with a car payment and considering bankruptcy in 2026, you have more options than you might think. Chapter 13 bankruptcy doesn’t just help you keep your car – it can also give you a structured and legally protected way to give one up without being buried in debt.

Our Boerne, TX consumer bankruptcy lawyer can help you understand how vehicle surrender and repossession work under Chapter 13 so you can make a smarter decision for your financial future.

What Is a Deficiency Balance?

When most people think about surrendering a car to a lender, they assume handing over the keys ends the financial relationship. Unfortunately, that is not usually how it works outside of bankruptcy.

Here is what actually happens. After you surrender a vehicle you can’t afford, the lender sells it, usually at a wholesale auto auction where prices run well below market value. Then they apply whatever they receive from that sale to your loan balance. Whatever is left over after the sale proceeds, plus the lender's fees for storage, transportation, and auction costs, is what you still owe. That remaining amount is called the "deficiency balance."

Creditor's Failure to File a Proof of Claim in Chapter 13

2026-04-05 00:00:00

When you file for Chapter 13 bankruptcy, every creditor you list receives official notice of your case. They are then required to submit a document called a "proof of claim." This is a formal statement of what you owe and what kind of debt it is.

Creditors don’t always meet the deadline to submit a proof of claim. If you are filing for Chapter 13 bankruptcy in 2026, a creditor missing that filing window could have a real impact on your finances. In some situations, a missed proof of claim can even lower your monthly payments, reduce your total repayment, or even shorten how long you are in your plan. Our San Antonio Chapter 13 bankruptcy lawyer explains.

What Is a Proof of Claim in Chapter 13 Bankruptcy?

A proof of claim is the way a creditor tells the bankruptcy court that you owe them money and asks to be paid through your repayment plan. Under 11 U.S.C. § 501, creditors have the right to file this document, but they have to be proactive; it doesn’t happen automatically. Under Federal Rule of Bankruptcy Procedure 3002, most creditors have 70 days from the date of your bankruptcy filing to submit their proof of claim. If they miss that window, they generally receive nothing from your Chapter 13 case.

"Property of the Estate" Includes an Inheritance

2026-03-26 00:00:00

Most people filing for bankruptcy in 2026 are focused on what they already owe and what they already own. An inheritance is probably the last thing on their mind. But if there is any chance you could inherit money or property in the months before or after you file, there are specific rules under federal bankruptcy law that you need to understand before you make any decisions about timing.

Getting this wrong can cost you far more than you expect. If you find out you’re going to receive an unexpected inheritance and you’re in the process of filing for bankruptcy, our Schertz, TX bankruptcy attorney can help.

What Is "Property of the Estate" in a Chapter 7 Bankruptcy Case?

When you file for bankruptcy, a legal concept called the "bankruptcy estate" is created the moment your case is filed. Everything you own at that moment becomes property of the estate. Under 11 U.S.C. § 541, this includes:

Preparing for Your Chapter 7 Bankruptcy 341 Meeting of Creditors

2026-03-16 03:35:20

When you file for Chapter 7 bankruptcy, most of the process involves paperwork. But there are a few steps that require you to show up in person, on the phone, or on a video call. You will need to complete a financial education course before you file and another one after. You will also need to attend something called a 341 Meeting of Creditors.

For most people filing bankruptcy in 2026, the 341 meeting is the part they are most nervous about. But the meeting is almost always shorter and less stressful than people expect — especially when a San Antonio bankruptcy attorney helps you know what is coming. Here is everything you need to know to walk in prepared.

What Actually Happens at a Chapter 7 341 Meeting of Creditors?

First, you should know what the 341 meeting is not. It’s not a court hearing and there is no judge. You will not be sitting in a courtroom or being interrogated. In most cases, the meeting takes place in a simple conference room or over the phone and lasts about 15 minutes. It rarely goes longer than half an hour.