What to Know When Filing for Bankruptcy in Texas

By: Jay Moncliff

Filing for Texas bankruptcy should be standard as it follows regular federal bankruptcy laws and statutes. The only difference may be in the state exemptions. Otherwise, in filing for Texas bankruptcy, be sure that if you are filing the petition yourself, you are updated on current regulations or filing requirements. Even if you are availing of outside legal services (you should), it would be advantageous on your part to know the facts yourself.

Since 2005, there have been additions in the requirements for filing bankruptcies specifically with regards to credit counseling and the Means Test. You are expected to accomplish both should you file for Texas bankruptcy. Credit counseling is required for al all individual debtors who file bankruptcy within six months before filing for bankruptcy. Petitioners are also required to complete a financial management instructional course as well after filing for bankruptcy.

An important step before filing for Texas bankruptcy is the understanding of the Act Means test. This takes into account your financial capability, your expenses and your income all factored into a median which would then determine under what Chapter you must file your petition under based on whether you are above or under the median. If your income is below the median it is recommended that you choose Chapter 7. Averages vary per state, but if you are unable to fork out at least $100 monthly payment to your debts, spread out over the next five years, then you are likely able to file for Texas bankruptcy under Chapter 7. Another basis would be the total value of your unsecured debts such as credit card bills and medical bills. If you are unable to pay at least 25% of that, you can file under Chapter 7. Before filing for Texas bankruptcy, make sure that your petition’s paper work is updated and thorough; gather and collate your financial profile, your current income and its sources, financial transactions entered into for the last 48 months, itemized list of living expenses, debts both secured and unsecured, all viable property and possessions as well as tax income documents and loan or mortgage papers. Once this is completed, you can go through the property or items which you believe should be exempted under Texas exemptions. You or your legal counsel can file the necessary petition at your Texas district bankruptcy court. Your papers and forms will be evaluated and remember that any dishonest or fraudulent items and omissions can be the basis for outright dismissal of your petition. The costs for filing bankruptcy is less than $300 for Chapter 7 and which you can actually pay in installments while the fee for a petition filed under Chapter 13 is under $200.In filing your Texas bankruptcy petition under Chapter 13, remember that you need to submit your repayment plans for your debts. Your repayment plans include the manner on how payment is divided among your different creditors as well as the figure of the amount needed for this, minus your living expenses. Remember that you cannot default on this; you must declare and use all disposable income for the plan at least for the next 3 years. Normally, this process and the validity of your proposal should be approved first by the court. Concurrently, an automatic stay is enforced on all your assets.

Bankruptcy
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 

» More on Bankruptcy