Cure & Francis, P.A.Killeen & Temple Car Accident Attorneys | Bell County TX Bankruptcy Lawyers | File for Personal Bankruptcy in Texas<2026-07-01T22:39:18Zhttps://www.cureandfrancis.com/feed/atom/WordPress/wp-content/uploads/sites/1600057/2020/04/apple-touch-icon-75x75.pngOn Behalf of Cure & Francis, P.A.<![CDATA[How do you know if you have a personal injury claim in Texas?]]>https://www.cureandfrancis.com/?p=470642026-07-01T22:39:18Z2026-07-01T22:39:18ZWhat makes a personal injury claim valid?
Most Texas personal injury claims are based on negligence. To recover compensation, you typically must prove four essential elements:
The other party owed you a duty of care.
The other party breached that duty through careless or reckless conduct.
The breach directly caused your injuries.
You suffered measurable damages as a result.
For example, every driver has a duty to follow traffic laws. If a driver runs a red light and causes a collision, that conduct may support a personal injury claim.
What types of accidents may qualify?
Many different accidents can result in a valid personal injury claim when another person's negligence causes the injury. Common examples include:
The key question is whether another party failed to act with reasonable care under the circumstances.
What compensation can you recover?
If you establish a valid claim, Texas law may allow you to recover compensation for both economic and non-economic damages. Depending on your case, you may seek compensation for:
Medical expenses, including future medical care.
Lost wages and diminished earning capacity.
Property damage.
Pain and suffering.
Mental anguish.
Physical impairment or disfigurement.
The amount you recover depends on the severity of your injuries and the impact they have on your life.
Does shared fault affect your claim?
Texas follows a modified comparative fault rule. You can still recover compensation if you were partially responsible for the accident, as long as your share of fault does not exceed 50 percent. However, the court will reduce your compensation by your percentage of fault.
For example, if a court finds you 20 percent responsible for the accident, it will reduce your recovery by 20 percent.
Why legal guidance matters
Insurance companies often investigate personal injury claims aggressively and may dispute liability or minimize your damages. Building a strong case requires evidence, documentation and a clear understanding of Texas law.
An experienced Texas personal injury attorney can evaluate your claim, gather evidence, negotiate with insurance companies and advocate for the compensation you deserve. If someone else's negligence caused your injuries, seeking legal guidance early can help protect your rights and strengthen your case.]]>On Behalf of Cure & Francis, P.A.<![CDATA[What to do after a car accident in Texas]]>https://www.cureandfrancis.com/?p=470632026-06-15T08:29:28Z2026-06-15T08:29:28ZSecure the scene and call for Help
First, assess yourself and everyone else in the car for injuries. If your vehicle is drivable, move it out of traffic, turn on your hazard lights and call 911.
Texas law requires you to stay at the scene, share your information with the other driver and help anyone who is injured. Leaving before you have done that is not just a traffic violation. It can lead to criminal charges.
Document everything at the scene
While you wait for police, taking photographs of both vehicles, any visible damage, skid marks, road signs and your injuries can be helpful. Getting the other driver's name, insurance information, and license plate number is also worthwhile. If there are witnesses, their contact details may be useful later.
The police report is one of the most important documents you will have after a crash. You have the right to request a copy directly from the Texas Department of Transportation (TxDOT).
Seek medical attention right away
Even if you feel fine, seeing a doctor as soon as possible is generally a good idea. The body does not always signal injury immediately. Whiplash, internal bruising and soft tissue damage are common examples of conditions that may only become noticeable days or even weeks later.
Getting checked out early also creates a medical record that connects your injuries to the crash, which can matter a lot if you need to file a claim. That one visit, however, is usually not enough. Injuries from a crash often require ongoing care. Without it, insurance companies may use those gaps in treatment to question the severity of your injuries or whether the crash caused them at all.
Know your rights and your deadlines
Before giving a recorded statement to any insurance company, including your own, it is worth understanding what that involves. Insurers begin evaluating fault quickly, and an offhand comment can work against you.
Texas also has a firm deadline for filing a personal injury lawsuit. Generally, there is a two-year window from the date of the accident to take formal legal action. Missing that deadline can permanently bar a claim, no matter how strong the evidence against the other driver may be.
If you are unsure about your situation, speaking with a personal injury attorney sooner rather than later can help clarify your options. The sooner you understand where you stand legally, the better positioned you are to make decisions that can protect your health, your finances and your future.
]]>On Behalf of Cure & Francis, P.A.<![CDATA[When should you consider Chapter 7 bankruptcy?]]>https://www.cureandfrancis.com/?p=470502026-05-19T11:08:45Z2026-05-19T11:08:45ZIf you are drowning in unsecured debt
Chapter 7 bankruptcy primarily addresses unsecured debts, such as credit cards, medical bills and personal loans. If you are juggling multiple creditors and can barely make minimum payments, it might be time to explore your options. When your debt-to-income ratio makes it impossible to pay off what you owe within a reasonable timeframe, bankruptcy could offer a fresh start.
You should also consider whether your debt is growing faster than you can pay it down. If interest and fees keep piling up despite your best efforts, you might be fighting a losing battle. Chapter 7 can potentially discharge many of these debts and give you breathing room to rebuild your financial life.
If your income is insufficient to meet basic needs
Another factor to consider is whether your current income allows you to cover both your debts and essential living expenses. If you are constantly choosing between paying creditors and buying groceries or keeping the lights on, that is a red flag. Chapter 7 bankruptcy has income requirements, and if you earn below your state's median income, you might qualify.
Additionally, if you are facing wage garnishment or creditor lawsuits that are making your financial situation even more difficult, bankruptcy could provide immediate relief through an automatic stay. This legal protection stops most collection actions while your case is being processed.
Making the decision
Before moving forward with any bankruptcy filing, you should carefully evaluate your complete financial picture. You may want to take time to understand all available options, including debt consolidation, credit counseling and different types of bankruptcy beyond Chapter 7.
When debt becomes truly unmanageable and other solutions have not worked, it might be the right path toward financial recovery.]]>On Behalf of Cure & Francis, P.A.<![CDATA[3 key protections chapter 13 bankruptcy can provide]]>https://www.cureandfrancis.com/?p=470492026-04-17T14:29:55Z2026-04-17T14:29:55ZFinancial strain can build slowly or arrive all at once, and debt becomes overwhelming despite steady effort to stay afloat. Chapter 13 bankruptcy offers a structured course of action, not by erasing responsibility but by creating a manageable plan to regain control. Understanding what it can protect may help clarify whether it is a viable option. Here are three important protections chapter 13 may offer.
1.Stops foreclosure and allows time to catch up
One of the most immediate protections under Chapter 13 is the automatic stay. This legal safeguard takes effect as soon as a case is filed, putting a stop to most collection efforts, including foreclosure proceedings, wage garnishments and persistent creditor calls. For many Texans, this shift is felt right away. The constant pressure from overdue notices, phone calls and threats of legal action can ease, allowing space to focus on next steps without daily disruption.For homeowners, the automatic stay can be especially significant. It can pause a scheduled foreclosure sale, giving families time to reassess their situation. Instead of facing sudden displacement, filers gain breathing room to review their finances and work toward a solution that addresses missed payments.
2. Protects assets while reorganizing debt
Unlike Chapter 7, which may involve liquidating nonexempt assets, Chapter 13 focuses on reorganization. This means individuals can often keep valuable property, including a home, car or other essential assets. Texas has strong exemption laws, and Chapter 13 works alongside them by allowing debts to be repaid in a structured way. As long as the repayment plan meets court approval and remains on track, creditors cannot seize protected assets.
3. Consolidates debt into a single manageable plan
Juggling multiple payments with varying interest rates can make financial recovery feel impossible. Chapter 13 simplifies this process by consolidating eligible debts into one monthly payment. This payment is based on income, expenses and the type of debt owed. In many cases, unsecured debts such as credit cards or medical bills may be reduced, with only a portion repaid. This structure offers predictability and can ease the stress of constant creditor contact.These provisions offer more than temporary relief. They create a framework for stability, accountability and long-term recovery.
A steady step toward financial recovery
Chapter 13 bankruptcy is not a quick fix, but it can be a meaningful step toward regaining financial footing. Each situation carries unique factors, from income levels to the type of debt involved. Speaking with a qualified bankruptcy attorney can provide clarity on available options and help determine the best course of action for lasting financial health.]]>On Behalf of Cure & Francis, P.A.<![CDATA[Understanding the first 3 steps of the Texas probate process]]>https://www.cureandfrancis.com/?p=470472026-03-06T08:09:57Z2026-03-06T08:09:57ZA death in Texas triggers probate when the deceased leaves property titled only in their name. This legal process validates a will or identifies heirs if no will exists. It ensures that the right people receive assets and that creditors receive payment according to state law. While the process feels heavy during a time of grief, following a clear path helps you regain control.
Locate the original will and vital records
First, you must find the original written will. Texas courts typically require the physical document rather than a copy to move the case forward. Gather other essential items like the death certificate and property deeds. Having these records ready allows your attorney to assess the estate's complexity without delay.
Secure and catalog all estate assets
Next, you must protect the deceased person’s property. This includes physical items like vehicles and jewelry along with bank accounts and investments. Change the locks on a vacant home if necessary to prevent loss. Taking these actions protects the inheritance before the court officially appoints an executor to manage the distribution.
File the application with the county court
The final initial step involves filing an application for probate in the county where the deceased lived. This action starts the mandatory waiting period required by the Texas Estates Code. Once you file, the court clerk posts a public notice to alert potential creditors or interested parties about the proceedings.
Why precision protects your family
Dealing with courtroom rules and strict filing deadlines while grieving the loss of a loved one can be overwhelming. A single mistake in a court filing can delay the transfer of property to your family for many months. An experienced attorney ensures you meet every legal requirement while treating your family with the respect you deserve during this transition.
]]>On Behalf of Cure & Francis, P.A.<![CDATA[What is a small estate affidavit, and when can it help?]]>https://www.cureandfrancis.com/?p=470462026-02-06T09:17:05Z2026-02-06T09:17:05ZA small estate affidavit is a simplified probate tool
This legal document gives you a way to collect estate property without going through formal probate, but only if the estate qualifies under strict rules. In Texas, the estate’s total value must fall below $75,000, excluding the homestead and certain exempt assets, and there can’t be a valid will. Courts only allow this option when the estate is small, uncontested and straightforward enough that a drawn-out process isn’t necessary.
The estate is worth $75,000 or less, not counting the homestead, exempt property or non‑probate assets.
The estate’s assets are worth more than its debts (secured debts on exempt property don’t count).
The only real property involved is the decedent’s homestead.
The homestead passes only to a surviving spouse or minor child who lived there at the time of death.
All heirs sign the affidavit, or someone with legal authority signs for them.
There is no pending request to appoint an executor or administrator.
The estate does not need formal administration.
Even when an estate qualifies, the affidavit still has to meet court and filing requirements—just having the right facts on paper doesn’t guarantee approval.
Mistakes can still cause delays or rejection
Even though this process skips a formal probate case, it doesn’t eliminate legal standards. If you miss a required signature, misreport the value of property or list an asset that doesn’t qualify, the court or financial institutions can reject the affidavit outright. Once rejected, you may have to start from scratch with full probate, turning a shortcut into a setback.
Choosing the right probate path from the start
If you're trying to move an estate forward and think a small estate affidavit might apply, don’t rely on guesswork. Getting early clarity on what qualifies and what doesn’t can help you avoid avoidable delays and keep you from heading down the wrong legal path.]]>On Behalf of Cure & Francis, P.A.<![CDATA[Chapter 7 or Chapter 13 bankruptcy? Ask these 3 questions]]>https://www.cureandfrancis.com/?p=470452026-01-12T15:29:20Z2026-01-12T15:29:20ZDebt problems often build quietly, then reach a point where ignoring them is no longer possible. Missed payments, collection calls and growing balances can make it difficult to plan or feel financially secure. Bankruptcy exists to offer relief, but choosing between Chapter 7 and Chapter 13 can feel confusing without a clear starting point.
Instead of focusing on legal terms, it helps to ask practical questions about income, property and long-term goals. Here are three questions to ask to help you choose the option that makes the most sense.
1. How stable is my income right now?
Income plays a major role in how bankruptcy works because each chapter is designed for different financial situations. Chapter 7 bankruptcy is intended for people who cannot realistically repay their debts. For that reason, many filers must meet income limits under a means test that compares their earnings to state standards. Chapter 7 is for you if you need immediate relief through debt discharge rather than repayment.Chapter 13 bankruptcy, on the other hand, requires regular income because it is built around a court-approved repayment plan that lasts three to five years. Steady income shows the court and creditors that monthly payments are realistic and sustainable over time.
2. Am I trying to protect important assets?
Property concerns often play a central role in deciding which type of bankruptcy makes sense. Chapter 7 may require the sale of nonexempt assets to repay creditors, which can feel risky if you own property beyond basic necessities. While many filers keep essential assets through state and federal exemptions, Chapter 7 works best when there is little property at risk or when a faster discharge outweighs those concerns.Chapter 13 takes a different approach by allowing you to keep your assets while addressing missed payments over time. This can be especially valuable if you have fallen behind on a mortgage, car loan or other secured debt but want to avoid foreclosure or repossession. By spreading overdue payments across a three- to five-year plan, Chapter 13 offers time and structure to regain financial control while preserving property that supports daily life and long-term stability.
3. Do I need quick relief or long-term structure?
Chapter 7 often appeals to those seeking a faster resolution. Many cases conclude within months, which can provide immediate financial breathing room.Chapter 13 focuses on longer-term stability. It can address debts that Chapter 7 cannot fully discharge and offers predictable monthly payments. This distinction matters because the right option depends on whether speed or ongoing structure better supports your financial recovery.Taken together, these questions show how income, assets and goals shape the bankruptcy decision.
Finding the right support for your next step
Bankruptcy is a legal process, but it is also a personal decision with lasting effects. A knowledgeable bankruptcy attorney can review your finances, explain how each option applies to your situation and help you move forward with a better understanding. Legal guidance can help shape a decision that reflects your needs and supports a healthier financial outlook.]]>On Behalf of Cure & Francis, P.A.<![CDATA[Filing for bankruptcy? 5 things to know about Chapter 13]]>https://www.cureandfrancis.com/?p=470442025-12-15T15:59:18Z2025-12-15T15:59:18ZLife can take unexpected turns, and suddenly, bills start piling up and the stress feels impossible to manage. The thought of filing for bankruptcy can be frightening, even overwhelming. But Chapter 13 is actually a way to take back some control, protect what matters most and find a more stable path forward. Knowing how it works can ease some of the uncertainty and help you make decisions with confidence. Here are five things you need to know about filing for Chapter 13 bankruptcy.
1. Chapter 13 is about repayment, not instant elimination
Unlike Chapter 7, which can wipe out certain debts immediately, Chapter 13 focuses on a court-approved repayment plan. Typically lasting three to five years, the plan allows you to repay part or all of your debts in manageable installments while avoiding foreclosure or repossession.
2. You can keep more of your property
Chapter 13 often allows you to retain your home, car and other valuable assets. Following the repayment plan generally protects these possessions from creditors, making it a good option for homeowners or anyone with important property to safeguard.
3. Income determines eligibility
Chapter 13 is designed for individuals with a regular income who can make monthly payments under a structured plan. Courts review your income, expenses, and debt level to ensure the plan is realistic. If your income is too low or your debts too high, other options may be more suitable.
4. It can help rebuild credit over time
While bankruptcy initially impacts your credit, completing a Chapter 13 plan demonstrates financial responsibility. Over time, this can help you rebuild credit, qualify for loans, and regain financial stability.
5. Professional guidance matters
Navigating Chapter 13 requires meeting strict deadlines, filing paperwork and negotiating with creditors. An experienced bankruptcy attorney can make the process smoother, avoid common pitfalls and ensure your repayment plan fits your unique situation.By understanding these key factors, you can approach Chapter 13 with a clearer sense of what it involves and how it can help you regain control over your finances.
Finding a path to stability
The notion of filing for bankruptcy can feel daunting, but it provides a structured path toward stability and peace of mind. Every financial situation is different, so consulting a qualified attorney is essential. Legal guidance can help you create a plan that meets your needs and maximizes your chances for long-term financial recovery.]]>On Behalf of Cure & Francis, P.A.<![CDATA[Can I use my parent’s properties during probate?]]>https://www.cureandfrancis.com/?p=470432025-11-20T14:48:55Z2025-11-20T14:48:55ZWhen a parent passes away, their home and other properties enter a legal limbo during the probate process. Can you continue to use, live in or maintain these properties while probate is ongoing? The answer depends on several legal considerations that affect your rights and responsibilities as an heir or executor.
The executor’s authority
Immediately upon your parent's death, the law views all their assets as belonging to a separate entity: the estate. The court-appointed executor, also called the personal representative, steps into a crucial legal role.Texas law requires the executor to take possession of all property and hold it in trust for distribution. They must protect the assets, pay debts and ensure the estate's value remains high for all beneficiaries and creditors.This means even if you are the sole heir, the property is not technically yours until the probate process is complete and the court issues an order of distribution.
Real estate and the homestead right
The family's homestead, the primary residence, often presents the biggest question mark for adult children. A minor child or a surviving spouse has an immediate right to live there, regardless of what the will says.If you are an adult child who was not living there before your parent's death, the executor must officially grant you permission to use the property. Without this consent, you could violate the executor's fiduciary duty to preserve the asset. The executor may even charge you rent to cover ongoing estate expenses and ensure fairness to other heirs.
Personal property and unauthorized use
The same rules apply to personal belongings, such as vehicles, investment properties and business assets. The executor controls these assets and decides on appropriate use during probate. Using these assets without proper authorization could result in claims against you for damages or misuse.
Seeking clear legal authority is key
Any use of estate property before the final distribution requires transparent communication and formal approval from the executor. If the will does not name an independent executor with broad powers, the executor may need to get approval from the probate court for certain actions, including allowing a beneficiary to occupy the home. Taking possession early may create unnecessary conflict and expose both you and the executor to legal risks.]]>On Behalf of Cure & Francis, P.A.<![CDATA[What documents will one need to begin the probate process in Texas?]]>https://www.cureandfrancis.com/?p=470412025-10-14T11:50:33Z2025-10-14T11:50:33ZThe original will
You need the original will. This document is central to the entire probate process as it outlines the deceased’s wishes for their estate. The court verifies its validity and ensures compliance with its instructions.
Certified death certificate
A certified copy of the death certificate is essential. This document officially confirms the individual’s death. It serves as a prerequisite for initiating any estate proceedings. It provides necessary details such as the date and cause of death.
Inventory of assets and debts
An itemized list of all assets and debts is crucial. The executor must compile this inventory, which includes real estate bank accounts investments and any outstanding financial obligations. This helps the court understand the estate’s full scope for proper distribution and debt settlement.
Beneficiary details
Complete information about all beneficiaries named in the will is a requirement. This includes their full legal names, current addresses and relationships to the deceased. Accurate beneficiary data ensures proper notification and distribution of assets.
Preparing for probate
Dealing with an estate after a loved one’s passing can be overwhelming. A skilled attorney ensures you gather all necessary documents to proceed with the probate process. With proper guidance, you guarantee every detail is correct, providing peace of mind during a difficult time.]]>