What Are The Other Types Of Bankruptcy In Texas
Besides filing for a Chapter 7, 11, or 13 bankruptcy in Texas, persons or entities can also file for a Chapter 12 bankruptcy. First used in 1980 to reorganize farmers debts, the Chapter 12 bankruptcy petition specifically caters to farmers and fishermen. Eligible persons may file for Chapter 12 bankruptcy to prevent loss of properties and assets.
Your Creditors And Your Bankruptcy
You are required to list all of your creditors and send them a notice that states you are filing bankruptcy at the beginning of your filing. That means that if you owe money to individuals or entities in the community, they will become aware when you file bankruptcy just because you owe them money.
This notice requirement is really for your benefit, however. The automatic stay is only useful if the creditor knows you have filed bankruptcy. That is, a creditor can only be punished for continuing collection activities if it knows that you filed bankruptcy. As a result, it is vital that all of your creditors be made aware that you have filed.
Mail Documents To Your Trustee
Once your case has been filed, a bankruptcy trustee is appointed to handle your case. The trustee will be your primary point of contact during your Texas bankruptcy, especially if youâre filing without a bankruptcy lawyer. The trustee is also the person that will be asking you questions at your 341 meeting.
The Bankruptcy Code requires that you send a copy of your most recent federal income tax return to the bankruptcy trustee before your 341 meeting. Your trustee may also send you a separate letter asking for additional documents or information from you. If you owe child support or alimony and you’re behind on payments, the bankruptcy trustee will need the name and contact information of the recipient.
Since you have to cooperate with the bankruptcy trustee, itâs important to keep an eye out for any correspondence you may receive from them.
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Texas Bankruptcy Lawyer Cost
The average cost of a bankruptcy lawyer in Texas is a little higher than the national average and ranges between $975 – $2,000. Often, lawyers offer free consultations to folks wanting to learn more about their options for Chapter 7 bankruptcy in Texas. It makes sense to take advantage of such a free consultation at a local law office, but make sure you ask how much it will ultimately cost you to hire the attorney.
Researching Filings In Person
Each state has one or more federal districts, each with its own bankruptcy court. You can search the bankruptcy records in person at the relevant bankruptcy court clerk’s office. You can locate the court you need on the United States Courts website. Each bankruptcy court has a clerk’s office, which provides the administrative support for that court. You can review and research bankruptcy filings by visiting the court clerk’s office and requesting to view all the files for a particular bankruptcy case. To do this, you will either need to know the case number of the proceeding or the name of the person or business that filed the bankruptcy petition.
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Search Online Case Data And Documents
Civil case data from June 1986 to present are online, and images of redacted documents from December 2005 to present are online. Redacted images are those that have had personal identifiers blocked from public view. At present, these are stored in two separate databases. However, in the near future, we will combine these options so that will be able to search for data and images from one location.
Hearing dates and times are subject to change and availability, please contact the court to confirm your date and time.
NOTE: Court case data is updated every 24 hours. It takes about 72 hours for newly filed document images to appear online.
Go To Court To File Your Forms
Once youâve printed your bankruptcy forms, your credit counseling certificate and collected your filing fee , youâre ready to file your Texas bankruptcy case. There are four federal districts in Texas and all of them have several offices covering the Lone Star State.
Once you determine what district you live in, check out your filing options. Filers without a bankruptcy lawyer can either drop off their bankruptcy forms in person or mail it to the bankruptcy court. The coronavirus has caused some courts in the United States to change their methods, so be sure to check out your options before heading out. This is especially important if youre trying to stop a foreclosure and have to get your case filed by a certain date.
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What Information Do I Need To Find Out If Someone Filed For Bankruptcy
Very little information is required to start researching whether someone has filed for bankruptcy. Bankruptcy petitions are filed in bankruptcy courts, which are federal courts. Therefore, you need to locate the federal district court where the person you are interested in resides. Then you can call the court and obtain the case number using the persons full name, social security number, or, if you are looking into a business, the tax ID number.
With the case number you can use the PACER system to access additional information online. You can also go to the courthouse in person and access the bankruptcy record there.
Take Bankruptcy Course 2
Every bankruptcy filer has to take a course on financial management after their case is filed. Itâs similar to the course you took before you went to the court to file your bankruptcy forms. This course is intended to teach you how to budget and use your money after your case is filed.
Of course, many folks find themselves filing bankruptcy on account of something entirely outside of their control. Still, everyone who wants to get their debts discharged has to take the course. Even an experienced bankruptcy attorney can’t help you get around it.
As with the first course, itâs important to use an approved provider. Once done, youâll receive a certificate of completion youâll need to submit to the bankruptcy court.
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What Is Chapter 7 Bankruptcy In Texas
In Texas, Chapter 7 bankruptcy is a series of legal steps in which the court liquidates a debtors assets to settle debts owed to creditors. Bankruptcy courts in Texas appoint a bankruptcy trustee responsible for selling the debtors assets and distributing the proceeds of the liquidation to creditors. Chapter 7 bankruptcy is one of the most common types of bankruptcy since it enables debtors to discharge unsecured debts, such as medical bills, income tax debts, and personal loans. More so, individual debtors can also discharge student loan debts if the court finds sufficient evidence of undue hardship. However, filing a chapter 7 bankruptcy in Texas does not exempt debtors from the following debts:
- Spousal support
- Personal debts incurred from accidents caused by intoxication
- Court fees and penalties.
Under Chapter 7 Bankruptcy rules, not all properties or assets are liquidated to pay creditors. For instance, Texas bankruptcy exemptions allow debtors to keep the following assets and properties:
- Homesteads less than one acre in any location. Also, the sales proceeds from the landed property are exempt from liquidation Property 41.001, 41.002
- Personal properties, such as sports and athletic equipment, burial plots, and church benefits
- Insurance-related benefits include Texas employee uniform group insurance and life insurance of which the debtor is a beneficiary. Insurance 3.50-4
Who Can File For Bankruptcy Chapter 11 In Texas
Individuals and entities can voluntarily file for a Chapter 11 bankruptcy when they do not want to liquidate their assets or when the debt profile is above the requirement under a Chapter 13 bankruptcy. On the other hand, creditors can also force a company or individual to file for chapter 11. Under 11 U.S.C. §§ 109, 362-, bankruptcy courts can force a debtor to file for bankruptcy if three or more creditors petition the court. In addition, bankruptcy court prevents creditors from taking possession of a debtors properties after filing for bankruptcy – this provides debtors with enough time to develop a debt repayment plan.
What Are The Benefits Of Filing A Chapter 11 Bankruptcy In Texas
Filing a chapter 11 bankruptcy in Texas comes with the following upsides:
- Business debtors get to remain in operation and maintain their customer base
- Debtors can obtain lower rates on previously-high interest loans after filing a Chapter 11 bankruptcy
- Under the Chapter 11 bankruptcy process, debtors can extend unsecured debt payments up to five years
How To File Bankruptcy For Free In Texas
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In a Nutshell
If youâre looking at your debt relief options, youâre probably worried about how much the bankruptcy process will cost you. The good news is that you donât have to hire a bankruptcy attorney to file Chapter 7. Keep reading to learn how to file Chapter 7 bankruptcy in Texas on your own!
Written by Attorney Andrea Wimmer.
Everyone knows that you don’t mess with Texas and a bankruptcy filing can help you make sure your creditors can’t mess with you either. Seeking protection from the Texas bankruptcy courts allows you to focus on what matters most: making sure you have a roof over your head and food on the table for you and your loved ones.
Sometimes life happens in a way that is unexpected and U.S. bankruptcy laws exist to give honest folks who find themselves in unfortunate situations a fresh start. Thereâs no shame in getting debt relief through bankruptcy.
In short, it’s important to remember that filing bankruptcy is not a reflection of who you are as a person. If youâre struggling with credit card debt, a Chapter 7 bankruptcy may be the best way to get back on your feet and take care of yourself and your family.
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How Do You Qualify For Bankruptcy In Texas
Persons or entities can qualify for bankruptcy depending on the type of bankruptcy case. For example, the 11 U.S.C. § 109 enables debtors to file for Chapter 13 bankruptcy if their secured and unsecured debts are less than $1,184,200 and $394,725, respectively. Note that the amounts may differ with respect to changes in the Bureau of Labor Statisticsconsumer price index.
On the other hand, debtors can file for Chapter 7 bankruptcy in Texas if their disposable income falls below the median income for the state. Debtors must take a means test to determine their disposable income level. In contrast, there is no limit on the amount of debt before a debtor can file for Chapter 11 bankruptcy in Texas.
Will Filing Bankruptcy In Texas Erase My Debts
Bankruptcy wipes out many bills, like , overdue utility payments, medical bills, personal loans, and more. You can even get rid of a mortgage or car payment if you’re willing to give up the house or car that secures the debt.
But you can’t discharge all debts. Nondischargeable debts, like domestic support arrearages and recent tax debt, won’t go away in bankruptcy, and student loans aren’t easy to wipe out . You’ll want to be sure that bankruptcy will discharge enough bills to make it worth your while.
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How To Access Texas Bankruptcy Records
28th September 2018
Filed under: bankruptcy
There are several reasons an individual or organization would want to access Texas bankruptcy records. Perhaps youre a person who is currently engaged in a Chapter 7 or Chapter 13 bankruptcy process and want to know the current status of your case. You may be an HR administrator who is conducting a financial background check of a new potential hire. You might even be conducting research on bankruptcy attorneys in Houston, TX or another city in Texas. Whatever the reason, bankruptcy filings are made public record by the US Bankruptcy Courts in Texas, and thus can be viewed by anyone.
Public Access to Electronic Records
The Public Access to Electronic Records, or PACER, system is the most widely used method of reviewing Texas bankruptcy records. The PACER case locator allows you to search for US district, bankruptcy, and appellate cases. PACER does require that you register for the site and provide billing information as the site charges you to access case information at the rage of $0.10 per page.
Justia Dockets & Filings
Justia offers access to Texas bankruptcy records in all four district courts, although you may not find the most up-to-date records. The information is rather limited with Justia as well. In order to inquire further into information such as case summaries, docket reports, and related transactions, Justia refers users back to the PACER system.
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Older, Closed Texas Bankruptcies
What Is The Income Cut Off For Chapter 7
If your annual income, as calculated on line 12b, is less than $84,952, you may qualify to file Chapter 7 bankruptcy. If its greater than $84,952, youll have to continue to Form 122A-2, which well review in the next section. It should be noted that every state has different median income calculations.
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What Are The Benefits Of Filing A Chapter 7 Bankruptcy In Texas
Individuals who file a chapter 7 bankruptcy in Texas state may gain the following benefits:
- Under a Chapter & bankruptcy, the courts prevent creditors from possessing the debtors assets and properties.
- Chapter 7 bankruptcy cases have a 94.3 percent success rate, as opposed to other types of bankruptcy claims
- Debtors and creditors can get verdicts and settlements within three to six months
- There is no minimum debt requirement when filing for a chapter 7 bankruptcy.
Avalanche Of Business Bankruptcies Has Arrived In Texas
The Texas Lawbook
More Texas corporations filed for bankruptcy during the first six months of 2020 than in any period in the states history.
The number of businesses that filed to restructure between Jan. 1 and June 30 in the Southern District of Texas, which includes Houston, more than tripled from a year earlier, according to new data provided exclusively to The Texas Lawbook by Androvett Legal Media research.
In fact, the new data shows that a pair of bankruptcy judges in the Southern District have handled more complex commercial restructurings of large companies than any other federal district in the U.S.
And legal experts predict that just as many companies are likely to declare bankruptcy during the second half of this year because of the COVID-19 pandemic and the historically low oil and gas prices.
We are still in the early onslaught of this wave, said Munsch Hardt shareholder Kevin Lippman. The companies with the tightest liquidity have filed so far.
The uniqueness about this bankruptcy wave is the breadth of it, Lippman said. It is hitting every business sector energy, retail, hospitality, real estate, airlines. And it is hitting everywhere it is not isolated to one or two regions of the country.
While all parts of Texas are experiencing economic pain for businesses, no region is being hit harder than Houston.
A Second Blitz Coming
But the mega-cases get the attention.
The article can be accessed in full here.
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How Are Chapter 13 Conduit Plans Being Handled During Covid
A conduit plan payment has the trustee collect the mortgage payment from the debtor. The trustee then pays the mortgage company.
The Eastern District does not feature a conduit plan, but all other bankruptcy districts om Texas have adopted the conduit mortgage procedure. Generally, there is one standing chapter 13 Trustee appointed by the U.S. Trustee to handle each bankruptcy division of each District .
Each trustee has its own policy for handling increases and decreases in mortgage payment as it affects the plan payment.
To date, there have been no announcements concerning whether COVID mortgage payment forbearance relief will be honored by the trustee.
Take A Debtor Education Course
Before the court will grant your bankruptcy discharge, you must complete a debtor education course from an approved provider. The purpose of this course is to help you learn how to manage your finances better and may include information about budgeting, interest rates, using credit cards and how you can begin to rebuild your credit for a successful financial future.
After the course is finished, youll file a form 423 and certificate showing that you completed the course. If you file for Chapter 7 bankruptcy, you must submit your certificate from this course no later than 45 days after the date of your meeting of creditors. You may even take the course before the meeting if you wish.
If you file for Chapter 13, you have until the date you make your last payment to submit your certificate from your debtor education course. However, taking the course early on can help you learn budgeting and money management skills that can benefit you throughout the repayment period.
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