introduction to consumer bankruptcy · 2020-06-30 · 2. about us. texas legal services center is a...

William Ritter , Attorney with the Veterans Legal Assistance Program

Introduction to Consumer Bankruptcy

2

About UsTexas Legal Services Center is a statewide

nonprofit organization whose mission is to provide

high quality legal representation, advice,

advocacy, and education at no cost to

underserved people across the state. With more

than a dozen practice areas, our work touches

almost every aspect of civil law that impacts low-

income Texans.

Educating Modern FamiliesWe teach grandparents, aunts, uncles, and older siblings who are raising their relatives' children how to navigate healthcare, human services, and school systems.

Empowering Pro Se LitigantsFor those who must represent themselves in the justice system, we offer advice, court-approved legal forms, and instructions on how to achieve the best outcome.

Engaging with the Greater Public Service CommunityWe work with interrelated organizations to teach the intersections between civil law, public benefits, healthcare, law enforcement, and more.

Intervening in Health-Harming Social FactorsThrough Medical-Legal Partnerships, we disrupt the cycle of returning people to unhealthy conditions that could bring them right back to the clinic or hospital.

Preparing Plans for End-of-Life and Loss-of-HealthWe defend and solidify the wishes of those planning for end-of-life or the loss-of-health.

Our vision is for all Texans to have access to the civil justice system regardless of their income. So how are we doing this?

Advocating for Financial SecurityWe advocate for financial security through our work in pension recovery, occupational drivers licenses procurement, and criminal record expunctions.

Guiding Parents Through Their Legal RightsWe help parents understand their rights surrounding complicated issues like non-custodial parenting and child protective services.

Reforming Law and PolicyWe work to effect systemic changes through pursuing impact litigation and advising on legislative reforms that benefit all low-income Texans.

Standing with Veterans and Their FamiliesAlong with providing broad civil legal assistance for veterans and their families, we handle legal matters unique to veterans—like military discharge upgrades and accessing VA benefits.

Securing Public Benefits for Those Who QualifyWe help families and individuals access public benefits like SNAP, Medicaid, Medicare, SSI, SSDI, and TANF.

Supporting Survivors of ViolenceWe provide crucial legal services to survivors of domestic violence, sexual assault, abuse, and trafficking throughout the state.

“The law in its majestic equality forbids the rich as well as the poor to sleep under bridges, to beg in the streets and to steal bread.”

— Anatole France, The Red Lily

www.teajf.org/index.aspx

mailto:www.teajf.org/index.aspx

www.texasbarcle.com/CLE/OCSearchResults.asp?sSearchAreas=*&sSearchProgram=3726&sSortBy=Program&sCallingPage=OCSEARCH2.ASP

Bankruptcy in a Box Pro Bono Project (Online Class/MP3) MCLE Credit: 3 Hours (includes 0.5 Hours Ethics)

http://www.texasbarcle.com/CLE/OCSearchResults.asp?sSearchAreas=*&sSearchProgram=3726&sSortBy=Program&sCallingPage=OCSEARCH2.ASP

www.probonotexas.org

mailto:www.probonotexas.org

The Legal Aid Attorney’s Role in BankruptcyChampion Consumer Rights

Counsel Financial Distress

Manage Financial CrisisForeclosure, Repossession, Garnishment, IRS, Child Support, Student Loans, Counter Financial Abuse, and Abusive Conduct

Protect Consumer Rights

Provide Financial Assistance and Social Service Resources

Texas Statehouse, Goddess of Liberty —Photo courtesy of The Gilders’ Studio

Consumer Concerns

The Household is an Economic UnityEconomic Actors: Households, firms, governments, and the rest of the worldFactors in Production: Land, labor, capital, and entrepreneurshipTrouble Ahead: Neiman Marcus – S.D. Texas Bankruptcy and J.C. Penney – S.D. Texas Bankruptcy

Common Consumer Household ConcernsHouse · Car · Bank Accounts · Income, Employment, and/or Benefits · Family and Health

“Waiting for the other shoe to drop” in the COVID-19 pandemic.

David Wojnarowicz's Untitled (Buffaloes)

Telling Your Client's Story

CARES Act Treatment

How Bankruptcy Can Help

Protecting Cars in Bankruptcy

Protecting Homes in Bankruptcy

Utility Shutoffs and Public Housing Evictions

Domestic Violence Survivors

Financial Assistance and Support

Heroes and Aid

What We Will Cover

Bankruptcy Basics

The Automatic Stay

Discharge of Debts

Exemptions and Property of the

Estate

Avoidance Powers

Filing and Handling the Case

Automatic Stay · Discharge · Exemptions · Avoidance Powers

Bankruptcy Basics

The Automatic Stay

Discharge of Debts

Exemptions and Property of the Estate


Avoidance Powers


CARES Act





Means Test and Projected Disposable Income



Heroes and Aid

Filing a bankruptcy petition invokes the “automatic stay.”

The automatic stay prohibits most attempts to collect pre-petition debts, including by judicial proceedings, creating liens, taking possession of property, or setting off debts.

11 U.S.C. 362(a)

Exceptions to the stay include criminal proceedings, domestic relations (other than equitable division of estate property) and repeat bankruptcy filings within one year.

11 U.S.C. 362(b)

The Automatic Stay

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

Actions taken in violation of automatic stay are generally void

Debtor may recover actual damages, including attorneys’ fees, if willful violation

Willful: Act done intentionally with knowledge of the filing

The Fifth Circuit has not yet adopted a precise standard for awarding emotional distress damage.

Punitive damages may be recovered in “appropriate” circumstances

11 U.S.C. 362(k)

Violation of the Automatic Stay

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

Courts may terminate, annul, modify, or condition the stay.

For cause, including lack of adequate protection (not making post-petition mortgage payments, no insurance, etc.)

Lack of equity and property not necessary for effective reorganization (the stay serves no bankruptcy purpose)

As to real property, if filing of the petition was part of a scheme to delay, hinder, or defraud creditors that involved either:

Transfer of all or part ownership of, or other interest in, such real property without the consent of the secured creditor or court approval; or

Multiple bankruptcy filings affecting such real property.

11 U.S.C. 362(d)

Motion for Relief from Stay

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

The Fresh StartBankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

Pre-petition Debts

Post-petition Debts

Included in discharge

NOT included in discharge

Petition Date

Bankruptcy can eliminate legal obligation to pay most or all debts (even if debt has become a court judgment)

Discharge operates as an injunction preventing creditors from attempting to collect discharged debts in the future as personal liability of debtor

Violations of the discharge injunction may be punished by contempt

11 U.S.C. § 524(a)

Discharge of Debts

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

Student loans, unless the debtor can prove to the court that repaying them will be an “undue hardship”

Debts incurred by driving while intoxicated

Debts the debtor has formally agreed to repay by entering into a reaffirmation agreement

11 U.S.C. § 524(a)

Exceptions to DischargeDebts that are not dischargeable:Most taxes

Debts the debtor failed to list in the schedules (unless creditor had notice, or no-asset case)

Domestic support obligations (child support and alimony)

Most fines and penalties owed to government agencies

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

Debts potentially non-dischargeable if a timely adversary proceeding is filed:

Debts incurred by fraud – 523(a)(2)

Fraud as fiduciary, embezzlement, larceny – 523(a)(4)

Willful and malicious injury to person or property (applicable only in chapter 7 cases) – 523(a)(6)

Creditor must bring a timely adversary proceeding to have the debts declared non-dischargeable. 523(c)(1); Bankruptcy Rule 4007(c)

Exceptions to Discharge

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

The Bankruptcy Estate: 11 U.S.C. § 541

Generally, all property interests, unless exempt, are included in estate unless/until abandoned by the trustee.

Exemptions:

Texas Property Code

11 U.S.C. § 522

Schedule C – 100% of FMV

If properly scheduled, then absent an objection the debtor retains the exempt property.

Exemptions and the “Bankruptcy Estate”

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

How to avoid Judicial Estoppel problems:

— Schedule all potential claims and exempt as fully as you can

— Due diligence

— Amendments

Exemptions and the “Bankruptcy Estate”Judicial Estoppel Problems

What if potential legal claim and/or recovery — a potential personal property interest — is not listed on A/B and/or exempted on C?

— Typical situations

— Judicial estoppel is an equitable doctrine under which a party is precluded from asserting a claim in a legal proceeding that is inconsistent with a claim made in a previous proceeding.

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

PreferencesSimilarly situated creditors should take equally among themselves by right

transfer or payment made to a creditor within 90 days of filing***one (1) year for insiders***

Fraudulent TransfersActual fraud:

transfer is made within one year before the date of the filing;intent to hinder or defraud a creditor

Constructive Fraud:less than “reasonably equivalent value”unable to pay debts either at the time the transfer was made

or as a result of the transfer itselfcompleted or “perfected” within a year of filing

Trustee Avoidance Powers

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

Chapter 7 – Liquidation

Chapter 11 – Businesses and High Wealth Individuals

Chapter 12 – Family Farmers

Chapter 13 – Adjustment of Debts of an Individual with Regular Income

Consumer Relief Under the Bankruptcy Code

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

Things to consider:

1. Whether to file a bankruptcy petition2. Which chapter to file and where3. Whether debts are dischargeable4. Whether or not you will be able to keep your home, car or

other property after you file5. Whether you should continue to pay your creditors6. Bankruptcy law governing preferential treatment of creditors

and/or insiders and fraudulent transfers7. Tax consequences of filing

Initial Consultation

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

After the initial consultation:

Bankruptcy Questionnaire

DocumentsIdentification documentsBank statements (12 months)Income tax returns (2 years)Pay advices (last 6 months with year-to-date)Proof of income (benefit award letter)

ROAMCounty Appraisal DistrictPACERCredit Report

Due DiligenceBankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

Filing the Case

PACER ECF – Electronic Case Filing

Everything is filed electronically; and everything else filed in the case will be received electronically

Case Filing

Filing Fee: Application for Fee Waiver or Pay Filing Fee Credit Counseling Course (First Course): Certificate of CompletionSchedules, Statements and Required DocumentsOriginal “Wet” SignaturesECF Declaration

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

Chapter 7 Means Test

The Means Test was introduced in 2005 as part of the Bankruptcy Abuse Prevention and Consumer Protection Act (“BAPCPA”)

It was designed to prevent abuse by implementing a standardized calculation to determine those that may be eligible for relief under Chapter 7. Those with disposable income sufficient to repay a “substantial portion” of their debt would have to file under Chapter 13.

The calculation involves IRS National and Local Collections Standards. The Local Standards are for Allowable Housing and Utilities, and Transportation Expense. The National Standards are for Allowable Food, Clothing, Other Household Goods, and Out of Pocket Health Care Costs,

Calculation also involves actual secured debt expenses and priority expenses and various necessary expenses, such as health insurance, and other expenses not easily classifiable such as protection against family violence and care for elderly dependents.

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

Chapter 7 Means Test

You may also seek a deduction for special circumstances — such as no longer employed or overstated income due to bonuses or other expenses not captured on the form.

The first test is whether you are above or below median income for your household size.

Second Test: 60-month disposable income” is less than $7,475.

Third Test: 60-month disposable income” is more than $7,475 and less than $12,475 - pass if it is less than 25% of total unsecured debt

FAIL: 60-month disposable income” is more than $12,475

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

Chapter 7 Statement of Intention

A debtor must declare his or her intention with regard to treatment of secured claims

Options:1. Surrender2. Reaffirm3. Redeem

A debtor must also state his or her intention with regard to executory contracts and leases.

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

Chapter 13 Projected Disposable IncomeAnd Chapter 13 Plan Treatment

Secured and Priority Creditor Claim Treatment

Applicable Commitment Period

Projected Disposable Income – Like Chapter 7 Means Test DI

Additional deduction:

PDI may be reduced by ongoing 401k and retirement plan contributions.

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

Chapter 7 Case Procedure

Filing Date

(30-45 days)

341 Meeting

(60 days)

Deadline to Object to Discharge (7)

(0-10 days)

Discharge and Close

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

Chapter 13 Case Procedure

Filing Date

(30-45 days)

341 Meeting

(60 days)

Plan Confirmation Hearing

(0-10 days)

Claim Filing Deadlines

Trustee Report Recommendations Concerning Claims Filed

(ACP or Plan Payment Completion)

Discharge and Close

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

Tell Your Client’s Story in the Schedulesand Statements

The schedules and statements are forms, they all look the same.

Describe claims in the asset schedules A/B to tell your client’s story.

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

The Role of the Chapter 7 Trustee

The Chapter 7 Trustee is assigned from a panel of trustees that serve the district. He or she is an agent of and supervised by the United States Trustee.

The Chapter 7 Trustee administers the liquidation proceedings under Chapter 7. Those assets that are not exempt from creditors are collected and liquidated (reduced to money) and the proceeds distributed to creditors.

The Chapter 7 Trustee may stand in the way of an eligible debtor from receiving a "discharge" from his or her debts. Failure to accurately identify and disclose all financial information may result in adverse consequences to your client.

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

The Role of the United States TrusteeThe primary role of the U.S. Trustee Program is to serve as the "watchdogover the bankruptcy process

The United States Trustee Program is a component of the Department ofJustice that seeks to promote the efficiency and protect the integrity of the Federal bankruptcy system.

To further the public interest in the just, speedy and economical resolution of cases filed under the Bankruptcy Code, the Program monitors the conduct of bankruptcy parties and private estate trustees, oversees related administrative functions, and acts to ensure compliance with applicable laws and procedures.

It also identifies and helps investigate bankruptcy fraud and abuse in coordination with United States Attorneys, the Federal Bureau of Investigation, and other law enforcement agencies.

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

4/7/2020

NOTICE TO CHAPTER 7 AND 13 TRUSTEES REGARDING RECOVERY REBATES PAID TO CONSUMER BANKRUPTCY DEBTORSUNDER THE CARES ACT OF 2020

The federal government will soon begin issuing recovery rebates to qualified individuals under the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 (the “Act”). The rebates total at most $1,200 per individual or $2,400 per married couple filing jointly, with an additional $500 paid for each qualifying child under the age of 17. The rebates are payable in full to qualifying individuals earning less than $75,000, $150,000 per married couple filing jointly, or $112,500 for heads of household, and decrease by 5 percent of income exceeding those thresholds until completely phased out. Two bankruptcy questions have arisen about whether the rebates: (1) should be included in the calculation of current monthly income or projected disposable income; and (2) are property of the bankruptcy estate.

The UST Position on CARES Act Stimulus Payments

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

The Act explicitly answers the first question. Under Sec. 1113(b)(1) of the Act, which amends 11 U.S.C. §§ 101(10A)(B)(ii) and 1325(b)(2), “payments made under Federal law relating to the national emergency declared by the President under the National Emergencies Act (50 U.S.C. § 1601 et seq.) with respect to the coronavirus disease 2019 (COVID-19)” are excluded from the statutory definitions of current monthly income and disposable income. Accordingly, recovery rebates received within six months before the filing of the petition should not be included in calculating a debtor’s currently monthly income in a chapter 7 or 13 case, and further should be excluded from projected disposable income available to pay creditors through a chapter 13 plan.


Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

The Act is silent as to whether the recovery rebate is property of the estate. In chapter 7 cases, the “property of the estate” issue will only arise in cases filed after March 27, 2020, the effective date of the Act. Regardless of whether the rebate is property of the estate, the United States Trustee expects that it is highly unlikely that the trustee would administer the payment after consideration of all relevant circumstances, including: the modest amount of the recovery rebate; the applicability of state and federal exemptions; any interest of a non-debtor spouse in the recovery rebate; the cost to the estate of recovering and administering the recovery rebate, including litigation with debtors who may seek a judicial determination; and the extent to which recovering the recovery rebate will enable creditors to receive a meaningful distribution.


Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

Stop debt collection harassment

Stop garnishment of wages or a bank account (and get back money taken in the 90 days before filing, or possibly longer)

Prevent government agencies from collecting overpayments (such as Social Security), unless the overpayment was obtained by fraud

Avoid judicial liens and non-purchase security interests on household good

Help with Debt Collection

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

In personum jurisdiction

Venue and service requirements

May avoid arbitration clauses

Faster resolution

May be more favorable forum (less concern about voiding liens, etc.)

Claims may be asserted by way of recoupment even if SOL has expired

Litigation Advantages

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

Turnover

A car that was repossessed but not disposed of prior to the petition date must be turned over to the trustee upon request. In a chapter 13, generally returned directly to debtor.11 U.S.C. § 542(a)

Stay Violation:

Prepetition: Some courts have found refusal to turn over a vehicle repossessed prior to the petition date to be a violation of the stay.

Post-petition: Repossession after the bankruptcy filed is void, even if repossessed without knowledge of the case.11 U.S.C. § 362

Repossessions

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

Three Options: Retain or Surrender?

Debtor can surrender car and discharge deficiency.

If retaining, debtor can:

Reaffirm the debt (sign a new agreement that survives the discharge);

Redeem the car by paying “replacement value” lump sum;

“Other”: e.g., “retain and pay” (if current).

11 U.S.C. §§ 362(h); 521(a)(2)(B); 521(a)(6)

Dealing with Cars in Chapter 7

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

Plan must provide for treatment of secured claims:

If debtor does not wish to keep the car, plan may provide for its surrender; creditor can liquidate and file unsecured deficiency claim.

If debtor wishes to keep the car, the car claim can generally be “crammed down” — plan provides for payment of replacement value at “prime plus” interest rate for 3-5 years.

Creditor retains lien until payment of debt or discharge

Exception: PMSI on cars purchased within 910 days. Can still reduce interest rate.

11 USC § 1325(a)(5)

Dealing with Cars in Chapter 13

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

A title pawn is a short-term, nonrecourse loan secured by a car title. Often have exorbitant interest rates excepted from usury statutes. Routinely “flipped” into new loans if not paid.

As a right to payment against property of the estate, it is a secured claim. 11 U.S.C. § § 101(5), 502, 506

Some courts have held that failure to redeem within the time period set under state law (as extended under § 108(b) for an additional 60 days after the petition is filed) means the car is no longer property of the estate. 11 U.S.C. § 541(b)(8) – 11th Circuit, Chapter 13 case.

Title Pawns

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

For most mortgages secured by the debtor’s principal residence, options are limited.

Generally entitled to what they are owed under contract and state law.

Except: Stripping off totally unsecured junior mortgages

Still, chapter 13 provides great benefits:

Stop foreclosure (automatic stay, immediate upon filing)

Cure arrearage through the chapter 13 plan

Maintain ongoing payments – either directly to the creditor or through chapter 13 plan (depends on local practice)

Mortgage Secured by Principal Residence: Cure and Maintain

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

Important: Debtor must be able to make regular periodic mortgage payments going forward, plus the chapter 13 plan payment!

Alternative: Seek a loan modification while bankruptcy is pending

11 USC § 1322(b)(5)

Mortgage Secured by Principal Residence: Cure and Maintain

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

Tax liens can be paid through the plan like any other secured claim if they have not been foreclosed on prepetition. (See Section 511 for determining tax rate).

If foreclosure has taken place, is there a redemption period?

Some courts have permitted the redemption amount to be paid through the plan.

Other courts have held that failure to redeem within the time period set under state law (as extended under § 108(b) for an additional 60 days after the petition is filed) means the home is no longer property of the estate. 11 U.S.C. § 541(b)(8)

Courts have held strict foreclosures are constructively fraudulent transfers that can be avoided. 11 U.S.C. § 548

Dealing with Tax Foreclosures

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

Exception to stay for evictions under 11 U.S.C. § 362(b)(22) for prepetition judgments of possession or 11 U.S.C. § 362(a)(3) for evictions based on illegal drugs or endangerment to the property.

However, governmental units including housing providers may not discriminate on the basis of a bankruptcy filing. 11 U.S.C. § 525(a)

Rent arrearages

Admissions

Private subsidized?

Public/Subsidized Housing, Evictions, and Section 525

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

11 U.S.C. § 366: No utility may “alter, refuse, or discontinue service or discriminate against” the debtor based on an unpaid prepetition debt or the filing of a bankruptcy case.

Prohibits utility shut off in the first 20 days after filing

Adequate assurance can be required by utility company to continue service

What if utility is already shut off?

What if utility is a governmental unit?

Utility Service in Bankruptcy Cases

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

A sub-study within the Consumer Bankruptcy Project, the leading national study of consumer bankruptcies, found that among partnered women filing bankruptcy, 17.8% (or nearly 1 in 5) reported experiencing domestic violence within a year before filing bankruptcy. Some of the debt may be itself abuse — using debt as a means of exercising abusive control — a concept termed “coercive debt.”

Special Considerations for Domestic Violence Survivors

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

Special considerations when counseling and representing domestic violence survivors:

Safety planning

Intersection with family/domestic relations court

If revealing their address puts the survivor at “undue risk of unlawful injury,” they can ask the court to excuse them from listing her address on publicly filed documents. See 11 U.S.C. 107(c)

Resource: Center for Survivor Agency and Justice Guidebook

Special Considerations for Domestic Violence Survivors

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

https://csaj.org/Guidebook

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

COVID-19 has caused an increase in domestic violence and abuse, with coerced debt and other financial abuse repercussions as families struggle to make ends meet.

Please join us for a webinar on Wednesday, May 27 from 1pm-2pm.

The webinar will:• Offer an overview of coerced debt and how the pandemic will likely affect financial abuse of DV survivors

• Share information on legal protections for victims of coerced debt

• Provide tips on how DV survivors can protect themselves from coerced debt during the COVID-19 health and economic crisis

• Explore strategies for addressing coerced debt, by working through specific scenario

We hope you can make it. Click here to register!

Speakers Include:Prof. Angela Littwin, University of Texas School of LawCarla Sanchez-Adams and Stephanie James, Texas RioGrande Legal AidAnn Baddour, Texas Appleseed

Email [email protected] if you have any questions.

Texas Coalition on Coerced DebtTexas RioGrande Legal Aid · Texas Appleseed · Texas Council on Family Violence · Texas Legal Services Center

https://urldefense.proofpoint.com/v2/url?u=https-3A__us02web.zoom.us_webinar_register_WN-5FGazlvoeZSoahCsXAWejkAQ&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=BNHsUO1hR828rhaMIJNQ7OJiW6LQfDOFUqDZ3Xomxo0&m=4a-EtjTbGHexbd8b661ysfTtBSt0A47XYpBuAaFbsSI&s=bI60Xe1JceHMXtVszELXN6mFfJKc23tispKo7VnLMY0&e=

mailto:[email protected]

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

www.yourtexasbenefits.com

mailto:https://www.yourtexasbenefits.com/Learn/Home

Life After Bankruptcy

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

Consumer Financial Protection Bureau (CFPB)

Department of Justice

Federal Case Law

Federal Laws

Federal Trade Commission

Library of Congress

Securities and Exchange Commission (SEC)

The White House

Government Websites

Thomas (Jefferson)

US Federal Courts

US Government Accounting Office (GAO)

US House of Representatives

US Senate

Washington Post Federal Internet Guide

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

Consumer Financial Protection Bureau (CFPB)

Department of Commerce

Department of Defense

Department of Education

Department of Energy

Department of Health & Human Services

Department of Housing & Urban Development

Department of the Interior

Department of Justice

Department of Labor

Department of State

Department of Transportation

Department of the Treasury

Department of Veterans Affairs

Environmental Protection Agency

Federal Reserve System

Federal Bureau of Investigation

Federal Communications Commission

Federal Trade Commission

Securities and Exchange Commission

Small Business Administration

Social Security Administration

United States Postal Service

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

Consumer Bankruptcy Law and Practice (Print and Digital)

Bankruptcy Basics

The Automatic Stay

Discharge of Debts



Avoidance Powers


CARES Act








Heroes and Aid

www.txstatelawlibrary.net

The State Law Library is a public law library. We help serve the legal research needs of all Texans. We are not attorneys and cannot provide legal advice, but we can help you find answers to your legal questions.

The library is open from 8:00 a.m. to 5:00 p.m. but our e-books (legal practice guides, practice manuals, annotated codes) remain available at all times to patrons with active library accounts.

https://www.txstatelawlibrary.net/

http://overdrive.sll.texas.gov/

William RitterTexas Legal Services Center

Veterans Legal Assistance Program

[email protected]

mailto:[email protected]