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J. Todd Malaise
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Qualifying For Bankruptcy

Whether you qualify for bankruptcy is not necessarily the right issue, rather, do you even need to file?  There are few individuals that don't qualify for some type of bankruptcy filing, but this is not always what everyone needs in order to handle a debt situation.  With our extensive experience in handling credit issues for our clients, we find that only about fifty percent of the people with whom we meet need to file.

Although legislation passed in 2005 was meant to make it more difficult to file for bankruptcy, our office has seen that about 95% of individuals who would have qualified to file a Chapter 7 still are able to.  Those that do not qualify for Chapter 7 are able to file a Chapter 13.  The question of which bankruptcy chapter is right for you depends entirely factors specific to your case and can only be answered after a full, free and confidential consultation with an experienced Houston bankruptcy attorney.

What's the Difference?

Whether you qualify for Chapter 7 or Chapter 13, a knowledgeable bankruptcy lawyer can help you determine the correct strategy for you.  When filing a Chapter 7, an individual normally does not have the means to repay their debt, therefore some of their assets will be liquidated to repay some of the creditors.  The remaining debt will be discharged through the bankruptcy procedure.  With a Chapter 13, if you have a steady income but cannot meet your monthly expenditures each month, this type of filing with enable you to restructure your debt to a more manageable level that can be repaid within 3 to 5 years.  This filing type allows you to keep your assets.

With the help of the Malaise Law Firm, we will review your financial position at length and help you determine which course of action is best for you.  Our staff may find that you don't need to file at all, with debt settlement perhaps being your best option.  With over 40 years experience in helping residents of Houston, our attorneys are highly skilled in providing you the best advice and solutions possible. 

Find out more about qualifying by contacting a Houston Bankruptcy Attorney at our law offices.
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Houston Office

720 N. Post Oak Rd
Suite 365
Houston, Texas 77024
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Phone: 800-BANKRUPT
Fax: 713-782-7451
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