James Douglas Uloth's Answers

Assessemnt lien

There are several aspects to your question. The treatment of an assessment lien filed by a homeowners’ association depends, among other factors, on whether the property subject to the association’s claim is worth more than the debt owed to a lender holding a mortgage on the house and, if the case is a Chapter 13 case, how the debt is treated under a plan and whether the creditor had actual notice of the case before the plan was confirmed even if you did not list the association. If the claim...

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I am now a creditor in a bankruptcy for contract labor...what do I do?

As part of the filing of a Chapter 7 case, the person filing the case is required to identity everyone to whom he owes money, and state their address on a creditor list (called the “creditor matrix”). The court clerk then mails out a document entitled “Notice of Chapter 7 Bankruptcy Case, Meeting of Creditors, & Deadlines.” If this is not the letter you received, you will need to obtain a copy of this notice from the court clerk or the Debtor’s attorney. The Notice will contain a section...

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Bankrutcy

Texas allows the protection, or exemption, of certain assets, from the collection efforts of creditors. It is important to remember that the exemptions are designed to protect individuals only from involuntary creditors, such as those obtaining a judgment. The exemptions do not protect against debts incurred voluntarily that relate to the specific item of property, such as the lender holding a note on a car or house. A hidden example of this type of debt arises in connection with the...

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Termination

Unless there is a contract between the employer and employee, the general rule in Texas is that private employment is “at will,” for either the employer or employee. This means that an employee may quit, and that an employer may terminate an employee for any reason other than race, national origin, or the employee's refusal to engage in criminal conduct. Depending on the size of your company, state and federal law add additional exceptions to the general rule permitting termination that...

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Chapter 13 bankruptcy

The efforts of the homeowner’s association to collect a debt outside of the bankruptcy process is likely a violation of the automatic stay put into effect on the filing of the case under Bankruptcy Code § 362. If they are aware of the bankruptcy case, such collection efforts can lead to liability under Bankruptcy Code § 362 for any damages which you incur as a result of the collection effort. However, you should also be aware that depending on the documents setting up the homeowners...

Debt affecting new spouse

Debt which you undertook prior to a marriage will remain your debt, and does not become a direct liability of a spouse. However, because Texas is a community property state, after marriage, the analysis becomes more complex. While a spouse may not be personally liable for a debt incurred by the other spouse prior to marriage, the interest of spouse (that did not incur the debt) in property acquired after marriage may be subjected to such a debt under certain circumstances. Further, if you...

In a chapter 11 bankruptcy of a mall can a tenant with a long lease (10 yrs) have that lease taken away?

A lease of non-residential real property is considered an executory contract in the bankruptcy of the landlord. (An executory contract is basically a contract where both parties still have obligations at the time the bankruptcy case is filed). Bankruptcy Code Section 365 allows a debtor in bankruptcy to make an election to assume executory contracts, such as leases, or reject them. If the lease is assumed, the debtor landlord must: 1) cure any defaults or provide assurance that the default...

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Real Estate Law - Escrow

You should first make sure that the actual title company, as opposed to a parent holding company, has filed bankruptcy. Bankruptcy Code §109(b) excludes domestic insurance companies from the type of business eligible to file bankruptcy. This prohibition would include title companies unless there is something unusual about the manner in which California regulates this industry. If it is the holding company rather than the title company itself in bankruptcy, your ability to recover money place...