Lynn Carroll Lawfirm

Mom vs Dad

admin — Thu, 19 Nov 2009 04:37:40 +0000

One of the most common questions that I get is what are the chances of my winning custody as a man from the children’s mother? Contrary to popular myth, in Dallas county, courts tend to decide custody based on who the Judge believes will be the better parent. The Judge may name either parent as the primary parent depending on their work schedule, their abilities, their alcohol or drug usage, and a multitude of other things.

In my own cases, I have found that if a man wants custody of his children, he is slightly more likely to win than the woman. This may be because a lower percentage of men fight for primary custody of their children and when they do there tends to be more evidence to support their position.

Mortgage Reduction

admin — Thu, 19 Nov 2009 04:35:51 +0000

Congress is currently debating a bill in congress that

Would allow a bankruptcy judge to reduce the amount owed against a house based on the current market. If you are upside down in your house, listen for news about this possible change in the law.

Cramdown Lien Stripping Cars

admin — Thu, 19 Nov 2009 04:33:20 +0000

Under current bankruptcy law, some car loans can be stripped down or removed based on how long it has been since the car was financed/purchased and the value of the car. This comes in really handy when a car has been financed at ridiculous rates and the amount owed is higher than normal.

As an example, if a car was purchased in 2005 and there is still $10,000 owed on it, but it has a value of only $5,000, the amount owed against it can be reduced in a Chapter 13 bankruptcy to $5,000. Be sure to talk to your lawyer about this if you have an old car that still has a loan against it.

Chapter 13 vs Chapter 7

admin — Thu, 19 Nov 2009 03:20:32 +0000

All over this country people are facing hardship and deprivation. It may be due to a loss of job, a reduction in their normal income, credit card bills that have gotten out of control, etc. Whatever the reason, it can mean that you or some member of your family is having to face the possibility of repossession or foreclosure. For some of those people, the answer will be bankruptcy. No one really wants to file for bankruptcy, but sometimes it is the best solution. It can literally wipeout or reduce your debts and give you and your family the chance to start over without the sleepless nice that go with mountains of bills that you can’t afford to pay, or the strain of having to figure out how you are going to survive another month.

Some people choose to file what is referred to as a Chapter 13 bankruptcy. Chapter 13 cases save your home and cars, at least to a degree, and still require you to make payments on at least some of your debts. Some people feel better about this kind of bankruptcy. However, as the bankruptcy Trustee tends to tell the people that show up for their first bankruptcy hearings, there is a problem. The problem is that approximately two out of three of the people who file Chapter 13 bankruptcies won’t be able to afford, over a long term, to make the payments that are required by the Chapter 13 Trustee. They may pay for a while, but then they will not have enough or get behind, etc. Then their case will be dismissed, and their creditors will be able to come after them again.

Consequently, I think that Chapter 7 bankruptcy is a better route for most people. It really does remove the burden and the stress by wiping out those medical bills you can’t afford, or the old repossession that has sat on your credit report for years, or those credit card bills that have just gone crazy with late fees and interest.

If you find yourself in this situation, come in and talk to me or some other attorney before you proceed.