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Saturday, February 21, 2009

Division of property in Texas

In Texas, the property and debt issues are typically settled between the parties by a signed Marital Settlement Agreement or the property award is actually order and decreed by the District Court within the Decree of Divorce.

The court shall order a division of the following real and personal property, wherever situated, in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage:

1) property that was acquired by either spouse while domiciled in another state and that would have been community property if the spouse who acquired the property had been domiciled in this state at the time of the acquisition; or

(2) property that was acquired by either spouse in exchange for real or personal property and that would have been community property if the spouse who acquired the property so exchanged had been domiciled in this state at the time of its acquisition.

Since Texas is a "Community Property" state, all marital property will be divided in a 50-50 fashion according to the court unless agreed to otherwise by the divorcing spouses. Although this means that everything that is considered "up for grabs" in the divorce, and it will be distributed equally to each spouse, obviously this does not entail splitting a car in half so to speak, but rather each spouse will be rewarded with assets of equal value.

In relation to the debt, it can be used as a bargaining tool or it could be equally distributed to each party, regardless of who created the debt. This is a very common dilemma in almost every divorce case.

Friday, February 20, 2009

Hard economic times

In a week in which massive layoffs have taken place in some of America's biggest industries, three smaller signs of economic downturn: California's tax refunds are on hold, the Post Office is thinking of reducing delivery of mail by a day, and Starbucks is cutting back on decaf.

"This administration continues to strongly believe that a privately held banking system is the correct way to go, ensuring that they are regulated sufficiently by this government," White House press secretary Robert Gibbs said when asked about nationalizing the banks.

If the economy is taking its toll on your finances, and credit card bill collectors are calling you, or if you are facing foreclosure, help is here for you. Under the laws of the Fair Debt Collections Practices Act (FDCPA), creditors and independent collection agencies are under restrictions regarding their practices. If you are being harassed with threatening telephone calls, letters, and personal visits, The Baez Law Firm, P.C. can help.

We are a general practice law firm that handles personal injury, family law, business law, bankruptcy law, consumer law, criminal law and many other areas of law.

Tuesday, February 10, 2009

Texas Family Law

The family code covers most issues pertainting property of the community estate. Here are some of the most common provisions.

Sec. 3.001. SEPARATE PROPERTY. A spouse's separate property consists of:

(1) the property owned or claimed by the spouse before marriage;

(2) the property acquired by the spouse during marriage by gift, devise, or descent; and

(3) the recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during marriage.

Sec. 3.002. COMMUNITY PROPERTY. Community property consists of the property, other than separate property, acquired by either spouse during marriage.

Sec. 3.003. PRESUMPTION OF COMMUNITY PROPERTY. (a) Property possessed by either spouse during or on dissolution of marriage is presumed to be community property.

(b) The degree of proof necessary to establish that property is separate property is clear and convincing evidence.

Sec. 3.004. RECORDATION OF SEPARATE PROPERTY. (a) A subscribed and acknowledged schedule of a spouse's separate property may be recorded in the deed records of the county in which the parties, or one of them, reside and in the county or counties in which the real property is located.

(b) A schedule of a spouse's separate real property is not constructive notice to a good faith purchaser for value or a creditor without actual notice unless the instrument is acknowledged and recorded in the deed records of the county in which the real property is located.

If you are concern that your spouse may take advantage of you, please contact us. We care about your legal needs.

The Baez Law Firm, P.C. is a general practice law firm that is ready to help you during difficult times. We handle bankruptcy, criminal law, personal injury, family law, business law, consumer law, litigation, and appeals.

Saturday, February 7, 2009

Why bankruptcy?

Bankruptcy has been around for over four hundred years. However, what we assume to be bankruptcy, the elimination of debts, is not what bankruptcy started out as or was intended to become.

Bankruptcy has evolved into the complex process that it is now, but still new provisions should protect consumers more. Widespread changes in consumer bankruptcy law took effect on October 17, 2005, with passage of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.

Originally, in 1938, Congress overhauled the bankruptcy laws and created the Chapter 13 plan. Another major overhaul took place in 1978. One feature of the act was the hope that more people would use the Chapter 13 provisions and repay their creditors over a multi-year period. Congress did consider making Chapter 13 mandatory for all filers but later allowed it to be voluntary. In the end Congress simply weakened Chapter 13 protections and made Chapter 7, total discharge of debts, more attractive.

The latest changes to bankruptcy law may be making it harder for some people to file bankruptcy. And a few filers with higher incomes are no longer allowed to use Chapter 7 bankruptcy, but will instead have to repay at least some of their debt under Chapter 13. All debtors now have to get credit counseling before they can file a bankruptcy case -- and additional counseling on budgeting and debt management before their debts can be wiped out.

You need a law firm, capable of handling your case, no matter how complex it may be. We represent business and consumer alike, that are facing financial difficulties due to the economy. If you are facing foreclosure, repossession, or other embarrassing financial misfortune, bankruptcy can be for you.

The Baez Law Firm, P.C. is a general practice law firm that is ready to help you during difficult times. We handle bankruptcy, criminal law, personal injury, family law, business law, consumer law, litigation, and appeals.

Wednesday, February 4, 2009

How to handle your creditor's calls...

During trying economic times, companies and individuals can often find themselves with more debt than can be comfortably handled. Specially during this recession. Here are some tips on how to handle your creditors.

Don't take it personally. It will help you to remember that a collection call, no matter how unpleasant, is a business transaction. Not an assault on your personal character.

Remember that is a frequent practice for collectors to attempt to intimidate and scare you. Collectors are paid based upon what they collect. Keep all conversations to the point, professional, and focused on the debt; not irrelevant matters.

Federal law prohibits collection calls before 8 a.m. and after 9 p.m. Nevertheless, many hard-hitting collectors would like to catch the debtor late in the day or early in the morning when they may be more susceptible to emotional pressure.

Let the answering machine work for you at those times. But, when you're ready, emotionally detached, and prepared to deal with it, return each and every call, even if it's just to say, "I have nothing today. " Not responding to phone calls will escalate your account through the collection process and the situation will quickly become out of control.

Remember your rights. In 1996, the Fair Debt Collection Practices Act (FDCPA) was enacted. It specifies that debt collectors cannot harass you. Specifically collectors cannot: call your office, call your home before 8 a.m. or after 9 p.m., address you in an abusive manner or call family or friends in an attempt to collect the debt.

Get an attorney. If you have an attorney, the collector may not contact anyone other than your attorney. And that is a relieve for you!

The Baez Law Firm, P.C. is a general practice law firm that is ready to help you during difficult times. We handle bankruptcy, criminal law, personal injury, family law, business law, consumer law, litigation, and appeals.

Tuesday, February 3, 2009

Mr. Edgardo Baez rated excellent by AVVO

Our attorneys have been recognized by the legal industry as some of the best. We love the accolade and you can view it with the link bellow.


http://www.avvo.com/attorneys/78213-tx-edgardo-baez-89329.html

The Baez Law Firm, P.C. is a general practice law firm that is ready to help you during difficult times. We handle criminal law, personal injury, family law, business law, consumer law, litigation, and appeals.