Daniel Herrin, Author at Herrin Law
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Author: Daniel Herrin

The reason debt collectors file lawsuits is because they work. Nothing scares a person more than getting served with a lawsuit. There is this fear that if they don’t do anything they could get into serious trouble. Some people falsely believe that they could go to jail or face criminal charges because of the lawsuit. The Debt Collectors do everything they can to stoke the flames of fear. They make misrepresentations about what can happen, they...

When you file bankruptcy, you are required to disclose all of your assets. This includes any inheritance you may receive (even if you have not received it). The most important fact regarding an inheritance is when the person passed away.  If you receive the inheritance before filing, then you should discuss with your attorney on whether to proceed with filing. In most situations, the inheritance will be non-exempt, which  means you won’t be able to...

The idea of bankruptcy is scary. There is a negative stigma associated with it and most people do everything in their power to avoid having to consider it. However, a lot of the fears associated with bankruptcy are unfounded and simply put, are not true. 1. My Credit Will Be Ruined Forever A lot of people believe that they will never recover from filing bankruptcy. They believe that their credit will forever be tarnished. However, the facts...

Outside of Bankruptcy, Creditors have a lot of power. If they file a lawsuit and obtain a judgment, they can severely impact your life and your finances.  The first thing a judgment creditor can do is garnish your bank account. In some situations, depending on where your employer is located, they also may be able to garnish your wages. The Texas Constitution prohibits wage garnishment but if your employer operates in another state that allows...

For most people, considering filing bankruptcy is extremely stressful. You are dealing with creditors calling you, lawsuits being filed against you and your credit score tanking. In addition to that, there is the stigma associated with bankruptcy. Filing bankruptcy for many people feels like they are a complete failure, it’s like they are giving up. This is why I see so many of my clients struggle for years with their finances. They think filing bankruptcy...

You should be talking directly to your attorney about any actions you want to take prior to filing bankruptcy. The court looks closely at any recent transaction and in particular, pays close attention to transactions done within 90 days of filing your bankruptcy. If the Court sees you preferring one creditor over the other prior to your filing, that may create issues in your bankruptcy due to preferential treatment. For instance, if you have credit cards...

In Texas, your primary residence is protected under the homestead exemption. Unlike other states, Texas provides an unlimited homestead exemption. This means if you have $300,000 in equity in your home, it is protected from your creditors and the bankruptcy trustee. However, there are some unique exceptions you must be aware of. The first rule that could impact your homestead exemption is known as the 1215 day rule. This means, if you purchased your home within the...

Exemptions are simply a legal term used to determine if you can protect your property from the bankruptcy process. When you file a bankruptcy, you are required to turnover any NON-EXEMPT property. The good news is that in Texas, most of your property will be exempt. In over 95% of the cases I file, my clients are able to exempt 100% of their property.  Texas is known as an opt-in state, which means you can choose the...

If you are going to have to file bankruptcy, then Texas is the state you want to live in. Texas has the best exemptions in the United States. In addition, Texas allows you to choose between state or federal exemptions. Exemptions are the legal mechanism that allow you to protect your assets. The Texas Homestead exemption is the best in the country. It allows you to protect an almost unlimited amount. It does have an acres limitation...

Most people have a preconceived notion that an estate plan is expensive. This is partly due to some attorneys who choose to use exoctic and complicated estate plans. The more complicated, the more they can charge. For 95% of the people out there, a simple estate plan is all that is needed.  A simple estate plan consists of four core documents: Your WillFinancial Power of AttorneyMedical Power of AttorneyPhysicians Directive (Also known as a Living Will). If you qualify...