AndersonClements, PLLCAndersonClements, PLLC2025-03-31T13:35:42Zhttps://www.andersonclements.com/feed/atom/WordPress/wp-content/uploads/sites/1503829/2023/11/cropped-AC_FAV-32x32.pngOn Behalf of AndersonClements, PLLC<![CDATA[3 common misconceptions about Chapter 13 bankruptcy]]>https://www.andersonclements.com/?p=473582024-11-13T22:42:20Z2024-11-13T22:42:20ZPersonal property could be at risk
Chapter 13 bankruptcy does not involve any sort of asset liquidation. Chapter 7 bankruptcy occasionally requires the liquidation of assets if people cannot exempt their resources. No exemptions are necessary in a Chapter 13 case because asset liquidation is not part of the process. People who have paid off their homes or who own highly valuable personal property may choose to file Chapter 13 bankruptcy because it protects their personal assets.
Repayment plans are impossible to fulfill
Chapter 13 bankruptcy usually takes multiple years to complete. The filer must fulfill a repayment plan. Some people wrongfully claim that repayment claims are impossible to follow. However, many people do complete their plans. The filer works along with their attorney, the trustee appointed by the courts and representatives from their creditors to establish that repayment plan. While people do have to commit most of their disposable income to their repayment plan, it is possible to maintain a balanced budget while subject to that three- to five-year plan. They can even modify the plan if their financial circumstances change.
Chapter 13 bankruptcy doesn't discharge debts
Some people think that the repayment plan means there are no discharges in Chapter 13 filings. In a Chapter 7 filing, individuals go from requesting bankruptcy protection to discharging their financial obligations in a matter of months. The process is substantially longer in a Chapter 13 filing. However, discharge is still the ultimate goal in a Chapter 13 bankruptcy case. The repayment plan can pay down or even eliminate certain debts. Any remaining balance due on eligible debts could be subject to discharge if the filer completes the repayment plan and follows the right process.
Most people, including successful professionals and small business owners, can qualify for Chapter 13 bankruptcy. Learning more about the process can help people feel more confident about taking control of their debt via personal bankruptcy.]]>On Behalf of AndersonClements, PLLC<![CDATA[How do I navigate a divorce when there are kids involved?]]>https://www.andersonclements.com/?p=473572024-09-17T15:05:58Z2024-09-17T15:05:58ZFind ways to cooperate, if possible
The more that parents work together and demonstrate sharing the same expectations for the children, the easier it is for the children to adjust to the new arrangement. Especially when initially telling the children about the upcoming changes, demonstrating that the parents still intend to work cooperatively is of the utmost importance.
Parents may need to establish numerous rules ahead of time including expectations for communication and the academic performance of their children. They need to be ready to answer difficult questions about the divorce and the impact it could have on the children's lives.
Shield the children from conflict
Research consistently shows that fights between parents are a big part of what makes divorce so damaging for children. The fewer conflicts the children witness, the easier it may be for them to accept the new reality and heal.
Parents should try to remain positive about one another when talking to the children and should encourage the children to spend as much time with each other as possible. They should avoid airing their grievance about one another with others in front of the children whenever possible.
Prioritize consistency and predictability
Children thrive when they understand the rules and have a regular routine. The more that parents can synchronize their routines and standards between households, the easier it is overall for the children to adjust to the new arrangement.
Trying to be flexible with one another as both parents try to adapt to viewing each other as co-parents rather than romantic partners can be challenging in the early stages of a divorce. Parents who keep the focus on their children can use them as motivation to cooperate with one another, if possible and appropriate.]]>On Behalf of AndersonClements, PLLC<![CDATA[How do I prove myself innocent of a Texas DWI charge?]]>https://www.andersonclements.com/?p=473502024-07-19T12:14:34Z2024-07-19T12:14:34ZDWI convictions can result in incarceration, financial penalties and driver's license suspension. How can someone wrongfully arrested on DWI allegations work to prove their innocence?
A reasonable doubt is all a defendant needs
Proving the absence of illegal activity is all but impossible. Thankfully, that is not the task imposed on criminal defendants in Texas. Instead, they only need to raise a reasonable doubt about their guilt. Doing so is often possible with the assistance of a criminal defense attorney. Lawyers can use many strategies to raise questions about the validity of DWI charges.
Test results may not be reliable
There have long been questions about the overall trustworthiness of chemical breath tests. There are also many reasons why people might fail field sobriety tests that don't involve chemical impairment. Lawyers fighting DWI charges often ask questions about the maintenance and calibration of testing units. They can also present evidence of medical conditions that may have produced false positive results on tests.
A traffic stop may have been illegal
Police officers need to have a reasonable justification to conduct a traffic stop. Texas is one of a few states that generally does not permit sobriety checkpoints or mass screening efforts to catch DWI offenders. Police officers generally need a legal justification to initiate a traffic stop and must follow certain protocols during the traffic stop. In cases involving clear violations of someone's rights or the law, an attorney can question the legality of the traffic stop. They might be able to suppress any evidence gathered during the traffic stop.
Technical errors, medical issues and rights violations are among the top defense strategies used by those facing DWI charges. Reviewing the state's evidence with a skilled legal team can help people trying to develop a defense strategy for pending DWI charges. A proactive defense can potentially help someone avoid criminal penalties and secondary consequences associated with a DWI conviction.]]>On Behalf of AndersonClements, PLLC<![CDATA[When can you avoid probate in Texas?]]>https://www.andersonclements.com/?p=473492024-05-29T22:43:35Z2024-05-29T22:43:35Zkeep your estate out of probate court if you set them up properly.
Establishing living trusts
A living trust is a legal arrangement where you transfer ownership of assets into the trust during your lifetime. The trust is managed by a trustee for the benefit of the beneficiaries. When you die, the assets in the trust are distributed directly to your beneficiaries according to the terms of the trust. This method can save time and reduce the costs associated with probate. Additionally, living trusts can offer privacy because the details of the trust aren’t made public.
Utilizing non-probate assets
Certain assets can bypass the probate process through beneficiary designations or other arrangements that automatically transfer ownership upon death. These non-probate assets include:
Joint tenancy with right of survivorship: Property owned jointly with another person, such as your spouse, with the right of survivorship automatically passes to the surviving joint owner upon your death.
Payable-on-death (POD) accounts: Bank accounts and other financial accounts can be designated as payable-on-death, allowing you to name a beneficiary who will receive the funds directly upon your death.
Transfer-on-death (TOD) designations: Similar to POD accounts, securities and brokerage accounts can have transfer-on-death designations, enabling the assets to transfer directly to the named beneficiary without going through probate.
Life insurance and retirement accounts: Life insurance policies and retirement accounts, such as IRAs and 401(k)s, allow you to name beneficiaries who will receive the proceeds directly upon your death.
In Texas, married couples can hold property as community property with right of survivorship. This designation ensures that upon the death of one spouse, the deceased spouse's interest in the property automatically transfers to the surviving spouse without the need for probate.
Creating an estate plan that makes it as easy as possible for your beneficiaries to receive what they’re due can give you greater peace of mind. Discussing your situation with a legal representative sooner rather than later can help you to get started.]]>On Behalf of AndersonClements, PLLC<![CDATA[3 tips for driving during bad weather in Abilene]]>https://www.andersonclements.com/?p=473362024-03-28T16:48:12Z2024-03-28T16:48:12ZUse your headlights correctly
Even during the day, when conditions are less than optimal, it’s wise to keep your headlights on – not just your automatic running lights. Anything that helps you be seen better by other drivers and helps you see improves your safety. Don’t use your brights unless you’re in a remote area with little or no traffic. That’s a sure way to blind other drivers. They’re typically not recommended for poor weather conditions.
Keep your distance
That three-second rule for following behind other vehicles needs to be modified to at least four or five seconds in the rain. All vehicles need more time to stop if they have to, and large vehicles like buses and commercial trucks need even more time than cars. Increasing your following distance also helps prevent water from being splashed up on your windshield and limiting your vision if the car in front of you goes through standing water.
Try to avoid driving through water
Speaking of standing water, you want to steer clear of it. What looks like a puddle could be much deeper water. Driving through that could cause you to hydroplane and lose control. It can also seriously damage your vehicle. If you can’t avoid standing water, proceed slowly.
Of course, some drivers don’t take these (or seemingly any) precautions regardless of the weather. Poor weather is no excuse for causing a crash. If you’ve suffered injuries caused by another driver’s negligence, don’t settle for less than the compensation you’re due for medical bills and other expenses and damages.]]>On Behalf of AndersonClements, PLLC<![CDATA[What are the benefits and disadvantages of Chapter 13 bankruptcy?]]>https://www.andersonclements.com/?p=473312024-01-31T23:41:55Z2024-01-31T23:41:55ZThe benefits of Chapter 13 bankruptcy
There are numerous aspects of a Chapter 13 bankruptcy that make it a good choice for people and a variety of circumstances. The first is how accessible it is. A Chapter 7 bankruptcy requires that someone complete a means test. The person filing for bankruptcy has to adjust their gross income for certain allowable expenses and compare it to the evening income for households of the same size in their state.
No such testing is necessary in Chapter 13 bankruptcy, making it accessible even to those with above-average income. Additionally, there is no liquidation process in a Chapter 13 bankruptcy. People do not have to worry about selling off their most valuable assets. They receive the same automatic stay as anyone else filing for bankruptcy which protects them from collection activity. If they complete the process, they can discharge the remaining balances due on their eligible debts.
The disadvantages of a Chapter 13 filing
There are certain elements of a Chapter 13 bankruptcy that make it less-than-ideal for some people. The first is the lengthy repayment plan. The person filing has to negotiate a repayment plan with a trustee from the courts and representatives from their creditors.
They then need to make monthly payments for anywhere from 36 to 60 months. If someone has any other financial setbacks during the bankruptcy process, they must move quickly to adjust their repayment plan or risk becoming ineligible for a discharge. Typically, people have to commit the vast majority of their disposable income toward their monthly payments, meaning that their household budget might be incredibly tight until they complete the bankruptcy process.
Depending on someone's income level and personal assets, a Chapter 13 bankruptcy could very well be the best option available. Learning more about the process of a Chapter 13 bankruptcy may help people determine if it is the right choice, given their situation.]]>On Behalf of AndersonClements, PLLC<![CDATA[Which types of debts can be discharged in Chapter 13 Bankruptcy but not in Chapter 7?]]>https://www.andersonclements.com/?p=473112023-12-03T01:00:22Z2023-12-03T01:00:22ZDifferent debts can be addressed
Because these options work so differently, there are some types of debt that can be included in a Chapter 13 filing, per the terms of a filer’s repayment plan, but that wouldn’t be allowed in a Chapter 7 liquidation plan. Some examples include:
Debts stemming from non-dischargeable tax obligations and back taxes that have gone unpaid
Debts due to willful and malicious injury
Debts that are connected to divorce cases, such as property settlements or debts from a court order during the divorce
Essentially, Chapter 7 would eliminate these debts entirely, which may not be fair to the other party, such as a former spouse who needs that financial support, given that their right to funds has been established by a court order. But that debt may sometimes still be included in a Chapter 13 filing, which can help to ensure that the other party gets what they are owed – it may just take time. As a result, this kind of debt can be restructured via Chapter 13 but not Chapter 7.
Working through the process
Are you considering bankruptcy and looking into your various options? The process can be complicated, but seeking legal guidance can help to better ensure that you know what steps to take and how to get your bankruptcy filing underway.]]>