Galveston County Bankruptcy Attorney

Direct Access to a Board Certified Bankruptcy Lawyer with
35 Years of Experience

Foreclosure. Collection calls. Lawsuits. Layoffs. Times are tough in the Galveston County, Friendswood, Houston, and Pearland areas. What people, families, and business need during these times is real help, not promises. We've had enough of those.

Debt reduction? Consolidation? Mortgage modification? More promises. What you need are real answers from a qualified bankruptcy attorney in Galveston County. At John E. Smith & Associates, we have offered real help to real people facing debt for more than 30 years. Our goal is to answer your questions and give you the information you need to make the right choices. We always work to provide answers to questions about bankruptcy in a way that non-lawyers can understand.

John Smith is an experienced attorney who is Board Certified in Consumer Bankruptcy Law by the Texas Board of Legal Specialization. He has practiced in the Houston area since 1981 and in that time, has helped thousands of individuals and small businesses get out of debt and get their lives back.

We will take the time to answer your bankruptcy and foreclosure questions. This includes:

• When should you file?
• What happens during the bankruptcy process?
• What is the means test?
• Is Chapter 7 or Chapter 11 better for your situation?
• What is Chapter 12 bankruptcy?
• Can my business benefit from Chapter 13?

At John E. Smith & Associates, we file bankruptcy for individuals and small businesses. We serve clients throughout Galveston County, Friendswood, Houston, and Pearland and bankruptcy is all we do, and have been doing, since 1983.

Types of Bankruptcy

We practice only consumer and small business bankruptcy. Several options are available depending on your unique situation.

Chapter 7: When the problem is simply more credit card and unsecured debt than can be repaid under the current budget, a Chapter 7 may be the right option. A Chapter 7 is officially called a Liquidation. It is designed to “discharge” (best thought of as a “forgiveness”) debt while allowing a debtor to keep the house and car. Debt such as the house and car must be current. Neither the Court nor the creditors can take these exempt assets as long as payments to the lienholders are paid. It is important to properly prepare a budget and review issues of transfers and fraud prior to filing a Chapter 7. If filed incorrectly, a case might be dismissed, have the discharge blocked, or in some cases criminal charges investigated.

Chapter 13: In other cases, a reorganization is in order. A bankruptcy reorganization is used to pay debts that cannot be discharged in a chapter 7, such as many IRS taxes. Also, it is used to give debtors time and ability to catch up arrears on secured debts such as cars and homes. This bankruptcy calls for monthly payments to a court-appointed Trustee which are then distributed to creditors. The Plan of repayment can extend payouts, lower interest rates, and even lower the total amount to be paid. A Chapter 13 Plan may last from 36 to 60 months. Unsecured debt may be paid as little as 1% or as much as 100%.

Many small businesses need help with bank loans, equipment loans, taxes, and vendor. Often, a Chapter 13 reorganization can give the business enough breathing room to survive. Business Chapter 13 cases can be complicated. They need the attention of an experienced attorney.

Chapter 12: Family farmers and family fishermen (which encompasses shrimp fishing) may file for reorganization under Chapter 12. Our Galveston County bankruptcy attorney has filed more Chapter 12 cases than any other attorney in the Southern District of Texas.

Chapter 11: This is a reorganization for both individuals and businesses that cannot fit into the limits or requirements of Chapter 12 and 13. Chapter 11 is designed for larger cases and can be more time-consuming and expensive than the other reorganizations.