Making Sure Your Filing Runs Smoothly
Faqs About What Happens When You Declare Bankruptcy In Texas
Weve organized answers to some of the questions we hear most often, below, along with links to more information from The Law Offices of Kretzer and Volberding P.C..
The material on our site is for informational purposes only, is general in nature, and is not intended to and should not be relied upon or construed as a legal opinion or legal advice regarding any specific issue or factual circumstance. This information is not intended to create, and receipt of it does not create, an attorney-client relationship between you and The Law Offices of Kretzer and Volberding P.C..
San Antonio Bankruptcy Lawyer
The bankruptcy process begins with providing your San Antonio bankruptcy attorney with financial documents, some of which include tax returns, paystubs, titles and deeds. Once you supply this information your attorney will draft your bankruptcy petition.
You will receive credit counseling from a counseling agency that is approved by the bankruptcy court.
Whether you file a Chapter 7 or a Chapter 13, a bankruptcy trustee will be appointed to your case.
If you filed a Chapter 13, then you will be required to file a Chapter 13 payment plan within 15 days of filing your petition.
For Chapter 7 and Chapter 13 cases, a Section 341 Meeting of the Creditors will take place between 30 and 45 days of filing your petition you are required to attend this meeting. Creditors have up to 60 days to file any objections, but objections are rare especially in Chapter 7 no-asset cases.
Prior to obtaining a discharge, the debtor will need to complete a financial management course, so its a good idea to get this out of the way as soon as possible.
If you filed a Chapter 13, then you will be expected to pay payments on your Chapter 13 payment plan for 3 to 5 years. The length of time for a Chapter 13 payment plan will be dependent upon the amount of debt you have and your monthly disposable income.
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How To File Bankruptcy Yourself In Texas
discover for yourself How To File Bankruptcy Yourself In Texas
Discover A number of Essential Details When scouting for An individual bankruptcy Lawyer
If you are considering employing a bankruptcy lawyer, you have to make certain of some things so that you realize that you get a good choice. After all, it’s not necassary to depart your financial situation within reach of just anybody. Understand a number of particulars that you should look for in the particular company in which handles your situation.
You ought to initial determine whether this kind of issue will be the only 1 managed with the attorney. You will want specialist, certainly not somebody that dabbles in a little bit of almost everything. This means you will want to look for any las vegas bankruptcy laywer in particular, certainly not someone who additionally offers a good deal using family law, defense, or tax laws. You might be surprised what number of legal professionals usually undertake all sorts of situations. Even though it is great so that you can obtain advice on a number of themes at merely one company, it is advisable to locate a specialist since they can perform a good job in your chapter 7 scenario, not merely the alright career upon many circumstances for similar individual. You will discover this particular detail online because most lawful websites talk about that practice locations the particular lawyers are generally informed about.
How To File Bankruptcy Yourself In Texas
Am I Eligible To File Bankruptcy In Texas
All bankruptcy debtors must complete a pre-filing credit counseling course and a post-filing debt management course. Additionally, as mentioned, people who want to claim Texas exemptions must be long-term Texas residents. Federal exemptions have residency requirements as well, but these requirements are usually only a few weeks.
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Qualifying For Chapter 12 Bankruptcy
You as an individual, you and your spouse, or the corporation or partnership in which you are an owner can file a Chapter 12 case only if the individual or business entity filing the case meets the special definitions of a family farmer or family fisherman with regular annual income found in subsections 101 and of the Bankruptcy Code. For farmers and ranchers, here are the qualifications:
- Debt limit: total debt of no more than $3,792,650.
- Farming debt ratio: at least 50% of the total debt of the individuals or business entity is from the farming operation ), excluding the debt on the principal residence .
- Farming income ratio for individuals: more than 50% of the gross income must have been received from the farming operation.
- Ownership: more than 50% of the business ownership must be in one family, or in that family and its relatives.
- Asset ratio: more than 80% of the entitys assets must be from its farming operation.
How To Qualify For Chapter 7
You can qualify to file for Chapter 7 bankruptcy by passing the means test. The means test reviews all aspects of your income to make sure that you are below the median income of the specific state. If you are under the average income, you are probably qualified to file for Chapter 7 bankruptcy. The process begins with the action of filing a petition with the bankruptcy court. Immediately after filing, creditors should cease all debt collection attempts against you. The process takes approximately four months to complete, though the exact amount of time may vary.
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What Is The Means Test
Everyone that files for bankruptcy under Chapter 7 must take a means test. The means test is a formula-based screening tool to see if you qualify for Chapter 7 or Chapter 13 . You dont have to be in poverty to file for Chapter 7. People with higher incomes can qualify if they have high expenses, such as a high mortgage payment.
Is There An Income Limit For Chapter 7 Bankruptcy
To automatically qualify for Chapter 7, your disposable income must be below the median level for your state. That number varies from state-to-state. If your disposable income exceeds the median in your state, you still may be able to qualify through a means test that includes looking at your income and reasonable expenses to see if you can get that number under the median income for your state.
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Attend The Meeting Of Creditors
The 341 meeting of creditors and the hearing where all debtors must attend in a bankruptcy proceeding. The meeting often occurs between 21 and 50 days after filing the petition. It generally takes 10 to 15 minutes. The meeting is a recorded conversation between the trustee, your bankruptcy attorney, and yourself about the paperwork you filed. The bankruptcy trustee will ask questions to ensure that you understand the bankruptcy process.
Do Creditors Show Up?
Understand Texas Court Locations
Many 341 meetings of creditors have been over the phone or over Zoom due to the pandemic. That said, you may want to see where the courthouse is in Texas if there are any meetings that need to take place in person. Below are the court locations for filing bankruptcy based on the bankruptcy district.
- 341 Pine Street, Room 2008Abilene, TX 79601
- 205 SE 5th Avenue, Room 133Amarillo, TX 79101-1559
- 1100 Commerce Street, Room 1452Dallas, TX 75242
- 501 West 10th Street, Room 310Fort Worth, TX 76102-3673
- 1205 Texas Avenue, Room 209Lubbock, TX 79401-4091
- 33 E. Twohig Avenue, Room 202San Angelo, TX 76903-6451
- 1000 Lamar Street, Room 203Wichita Falls, TX 76301
- 1701 W. Business Hwy 83McAllen, TX 78501
- 312 S. Main, Room 406Victoria, TX 77901
- 300 Willow Street Suite 104Beaumont, Texas 77701
- 100 East Houston Street Room 125Marshall, Texas 75670
- 500 North State Line AvenueTexarkana, Texas 75501
- 211 West Ferguson Street Room 106Tyler, Texas 75702
Bankruptcy Requirements In Texas
Filing for bankruptcy falls under federal laws, but for the state of Texas there are additional requirements that you may need to meet, as well as exemptions that apply strictly to residents of the state. Below are listed some of the unique requirements for filing for Chapter 7 bankruptcy in the state of Texas.
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How To File For Bankruptcy In Texas
Finding the debt relief option thats right for you can be daunting. Speaking with a seasoned bankruptcy attorney can help you discover how to file for bankruptcy and which options will best suit your circumstances and financial goals. At Leinart Law Firm, our Dallas bankruptcy lawyers have more than 15 years of experience serving clients throughout north Texas. Understanding the different types of bankruptcies and how they work can help you make well-informed decisions that address your specific needs.
Filing For Bankruptcy Ohio Legal Help
To file for Chapter 7 bankruptcy, your household income must be below the median Bankruptcy is complicated and difficult to handle without a lawyer,
Most people filing bankruptcy file under Chapter 7 or Chapter 13. it can be very difficult to go through bankruptcy without an attorney.
Some of the bills you must pay include a petition filing , court fees and attorney fees
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Entities That Cannot Be Debtors
The section of the Bankruptcy code that governs which entities are permitted to file a bankruptcy petition is 11 U.S.C. § 109. Banks and other deposit institutions, insurance companies, railroads, and certain other financial institutions and entities regulated by the federal and state governments, and Private and Personal Trusts, except Statutory Business Trusts, as permitted by some States, cannot be a debtor under the Bankruptcy Code. Instead, special state and federal laws govern the liquidation or reorganization of these companies. In the U.S. context at least, it is incorrect to refer to a bank or insurer as being bankrupt. The terms insolvent, in liquidation, or in receivership would be appropriate under some circumstances.
Determine Whether You Need Help To File Bankruptcy In Texas
Did you know that some people file for bankruptcy without an attorney? Many people prefer using a bankruptcy lawyer given the complexity of filing bankruptcy, but it is possible to often file Chapter 7 bankruptcy without an attorney. Filing Chapter 13 without an attorney may be much more challenging.
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What Does The Simplest Chapter 13 Case Look Like
When youre filing Chapter 13 bankruptcy in Texas, you and your attorney propose a payment plan based on your ability to pay. Through this plan you usually pay back only part of your debts, and sometimes only a little to some of your creditors.
Your plan states how much you pay each month almost always much less than you were paying before. You pay that amount for a period usually covering three to five years, and at the end of that time you no longer owe any debts, except long-term ones like your home mortgage, if you so choose, and student loans. The rest of the unpaid debts are discharged, or legally written off, and you are debt-free.
Your proposed plan is built around a detailed set of laws about how you must treat each kind of debt. If you have certain kinds of special debts called priority debts such as newer income taxes or any child support arrearage those would have to be paid in full over the life of your plan.
Secured debts, like your mortgage, vehicle and furniture loans, are treated in a special way, whether these are paid in full or in part depending on many factors. Debts that are neither priority nor secured are called general unsecured debts, and are generally paid only to the extent that there is money left over to pay them most people do not have to pay any of these amounts back. Especially with priority and secured debts, Chapter 13 usually gives you significant advantages over how these creditors are handled compared to Chapter 7.
Chapter 12 Bankruptcy For Texas Farmers And Ranchers
Chapter 12 of the U.S. Bankruptcy Code is a specialized type of bankruptcy designed for family farmers, ranchers, dairy owners, poultry and livestock producers, as well as family fishermen. It helps you save your farm and business by allowing you to reorganize your finances, reducing and restructuring your debt.
If you qualify, Chapter 12 provides some very important benefits, often better than those available in either Chapter 13 or Chapter 11, the other two possible options for reorganizing a business.
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Estimate Whether You Will Qualify For Chapter 7 Bankruptcy In Texas
As stated above, you often have to qualify to file Chapter 7 bankruptcy. Qualification is based on US means testing. The means testing is based on the household income and size of the household for Texas.
Bankruptcy Means Test In Texas
The bankruptcy means test in Texas often changes every 6 months. To help, we built the following bankruptcy means test calculator to help you estimate qualification, understand the cost and compare bankruptcy alternatives.
Texas Chapter 7 Bankruptcy Income Limits
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Understand The Costs Of Filing Bankruptcy In Texas
When you file for bankruptcy, you need to understand the cost and affordability of bankruptcy. The costs primarily consist of the filing fee and the attorney fee . Firstly, most attorneys offer payment plans. Some also offer $0 down payment options. The cost of the attorney can be variable based on such factors like your location and the difficulty of the case.
We built this Texas attorney fee calculator to help you estimate costs based on your specific zip code.
If you cannot afford a payment plan, you may also look at the legal aid options in your state and also how the filing fee waiver works.
Legal Aid In Texas
There are certain situations where you could get help through legal aid. Please note that each legal aid may have criteria set for who they will help. Here are legal aid option in Texas.
Filing Fee Waiver in Texas
Theres a filing fee to file bankruptcy. You can check the Texas filing fee waiver requirements to see whether you may be eligible for the filing fee waiver.
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Dealing With Your Car
How to deal with your car or truck when filing Chapter 7 bankruptcy in Texas is one of the most important questions folks usually have. After all, you need your car to get around, go to work, pick up kids from school and do all those things that make the Lone Star State great.
If your vehicle is paid for, itâs yours to keep as long as you are able to claim an exemption for its full value. If you still owe on a car loan, which is considered a secured debt, a Chapter 7 bankruptcy allows you to keep the car by entering into a reaffirmation agreement. Of course, if the car loan balance is much higher than the value of the vehicle, you can surrender the car. Unlike a repossession outside of bankruptcy, youâll not have to pay the unsecured portion of the loan – thatâs discharged. Finally, if youâre able to raise some funds to buy your vehicle for its current value, you can do that as well.
Where Is My Local Bankruptcy Court Where Will My Meeting Of Creditors Be Held
Like every other state in the union, Texas contains a series of state and federal courts to serve its residents. Because bankruptcy is a process organized under federal law, Texas bankruptcy courts are part of the federal court system.
Texas is a big state with four federal districts, each with numerous bankruptcy courts. Districts are further divided by division, which include courthouses for local residents. The 341 meeting of creditors usually takes place at the division courthouse nearest to your home. In most cases, bankruptcy filers are not obligated to attend court. The meeting of creditors rarely takes place in an actual courtroom.
Do you find yourself in a situation where you are considering filing for Chapter 7 bankruptcy? This option can provide some debt relief in times of financial instability and you are not alone in considering this path. However, one of the most common concerns of homeowners is What will happen to my home if I file bankruptcy, and will I be able to sell it afterward?
In this article, we will go over the process for Chapters 7 filings and explain why it is one of the most commonly utilized by bankruptcy filers. We will also cover useful information about bankruptcy laws in the state of Texas, what are the necessary steps to ensure you keep ownership of your home, and what are your sale options once the process is complete.