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AV Preeminent Peer Rated Attorneys
San Antonio Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
San Antonio Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • San Antonio, TX 78212-9207

  • 8118 Datapoint Drive, San Antonio, TX 78229-3218

  • 1401 W. Martin, San Antonio, TX 78207

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  • 924 McCullough Ave., San Antonio, TX 78215

  • 1902 Edgehill Dr., San Antonio, TX 78209-2022

  • 719 S. Flores St., San Antonio, TX 78204

  • 11550 IH 10 W, Ste. 180, San Antonio, TX 78230

  • 7800 IH-10 West, Suite 525, San Antonio, TX 78230

  • San Antonio, TX 78279-0091

  • 325 S. Flores St., San Antonio, TX 78204

  • 4 Dominion Dr., San Antonio, TX 78257

  • 12451 Starcrest Drive, Suite 205, San Antonio, TX 78216

  • 900 Isom Road, Suite 300, San Antonio, TX 78216-4155

  • 6800 Park Ten Blvd., Ste. 261S, San Antonio, TX 78213-4204

  • 1777 N.E. Loop 410, Ste. 600, San Antonio, TX 78217

  • 13526 George Rd., Ste. 107, San Antonio, TX 78230

  • 66 Granburg Circle, San Antonio, TX 78218

  • 213 Yale Avenue, San Antonio, TX 78201

  • 111 Soledad, Ste. 1350, San Antonio, TX 78205-2805

  • 110 E. Nueva, San Antonio, TX 78204

  • 7300 Blanco Rd., Ste. 301, San Antonio, TX 78216

  • 5825 Callaghan Rd., Ste. 207, San Antonio, TX 78228

  • 1718 San Pedro Ave., San Antonio, TX 78212-3615

  • 2515 Broadway, San Antonio, TX 78215

  • 45 NE Loop 410, Ste. 206, San Antonio, TX 78216

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Commonly Asked Bankruptcy Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

What is dismissal of bankruptcy

Answered by attorney Mark J Markus
Bankruptcy lawyer at Law Office of Mark J. Markus
A dismissal of bankruptcy means you are no longer in bankruptcy and did not receive a discharge of debts.  Thus, you still owe the balance remaining to any of your pre-bankruptcy creditors and if you were curing a default on your mortgage, the default is still there and they can now foreclose. Your options now are to either file a Motion for Reconsideration or to Set Aside the Dismissal if you have appropriate facts to do so (which you might), or file a new Chapter 13 case. A lot of times claims are filed which need to be paid in full, so the payment you were originally making might not have been sufficient to cover all the necessary claims.  Without reviewing your entire case file I couldn't tell you what the situation is in your case.  Your attorney should have been monitoring that and taking steps to modify your plan payments if necessary.  But I'm just speculating as to what may have happened. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  
A dismissal of bankruptcy means you are no longer in bankruptcy and did not receive a discharge of debts.  Thus, you still owe the balance remaining to any of your pre-bankruptcy creditors and if you were curing a default on your mortgage, the default is still there and they can now foreclose. Your options now are to either file a Motion for Reconsideration or to Set Aside the Dismissal if you have appropriate facts to do so (which you might), or file a new Chapter 13 case. A lot of times claims are filed which need to be paid in full, so the payment you were originally making might not have been sufficient to cover all the necessary claims.  Without reviewing your entire case file I couldn't tell you what the situation is in your case.  Your attorney should have been monitoring that and taking steps to modify your plan payments if necessary.  But I'm just speculating as to what may have happened. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  
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Mortgage co. bankrupt

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Answered by attorney Phong Thanh Tran (Unclaimed Profile)
Bankruptcy lawyer at Law Office of Pho Ethan Tran, PLLC
Its not going to change your ownership of the property. The account will probably be transferred or bought by another lender.
Its not going to change your ownership of the property. The account will probably be transferred or bought by another lender.

Should i file for bankruptcy?

Answered by attorney Mark J Markus
Bankruptcy lawyer at Law Office of Mark J. Markus
A chargeoff is merely a bookkeeping entry.  It has nothing to do with whether or not you still owe a debt, or whether the creditor can take collections actions on it. Student loans are generally not dischargeable in bankruptcy.   You can seek an "undue hardship" discharge of the student loans by filing a complaint in your bankruptcy case, but the criteria you need to prove for this is very difficult. There are also non-bankruptcy alternatives, such as doing income-based repayment plans, but you have to get your loans out of default first in order to take advantage of such programs. I suggest having a consultation with a bankruptcy attorney in your area who is experienced with student loan litigation, to evaluate your options more fully. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  
A chargeoff is merely a bookkeeping entry.  It has nothing to do with whether or not you still owe a debt, or whether the creditor can take collections actions on it. Student loans are generally not dischargeable in bankruptcy.   You can seek an "undue hardship" discharge of the student loans by filing a complaint in your bankruptcy case, but the criteria you need to prove for this is very difficult. There are also non-bankruptcy alternatives, such as doing income-based repayment plans, but you have to get your loans out of default first in order to take advantage of such programs. I suggest having a consultation with a bankruptcy attorney in your area who is experienced with student loan litigation, to evaluate your options more fully. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  
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