how to file chapter 13 bankruptcy in texas without a lawyer

Step 1: Collect your documents. Step 2: Analyze your debt. Step 3: Take inventory of the property you have. Step 4: Create a budget and figure out the status of your income. Step 5: Take the first credit counseling course. Step 6: Fill out and complete your bankruptcy forms. Step 7: File your Chapter 13 Bankruptcy petition and pay the filing fee.

Full Answer

How do you file for Chapter 13 bankruptcy?

• Priority debt. Your Chapter 13 plan must pay certain debts—called priority claims —in full. ...
• Secured debt. If you want to keep a car or house, you’ll have to continue to pay your regular payment on the car loan or mortgage. ...
• Unsecured debt. ...
• Value of nonexempt property. ...

What are the rules for Chapter 13 bankruptcy?

• Chapter 13 Bankruptcy rules state that the debtor must list all of his or her property and list of all monthly expenses incurred, including monies spent on clothing, shelter, utilities, taxes, transportation, food etc.

How to file for Chapter 13 bankruptcy?

Yet bankruptcy is filed by consumers hundreds of thousands of times per year. Here’s a step-by-step process for individuals interested in filing Chapter 7 or Chapter 13 bankruptcy. Bankruptcy is governed by the United States Bankruptcy Code, a federal ...

What happens when you file bankruptcy in Texas?

When you file for bankruptcy in Texas, you need to collect pertinent documents such as:

• List of current income sources
• Major recent financial transactions
• Monthly income
• Monthly budget
• Secured debts
• Unsecured debts
• Asset List
• Tax returns for the last 2 years
• Deeds
• Title documents

How do I file bankruptcy myself in Texas?

Steps in a Texas Bankruptcylearn about Chapters 7 and 13.check whether bankruptcy will erase debt.find out if you can keep property.determine whether you qualify.consider hiring a bankruptcy lawyer.stop paying qualifying debts.gather necessary financial documents.take a credit counseling course.More items...

What debts Cannot be discharged in Chapter 13?

Debts not discharged in chapter 13 include certain long term obligations (such as a home mortgage), debts for alimony or child support, certain taxes, debts for most government funded or guaranteed educational loans or benefit overpayments, debts arising from death or personal injury caused by driving while intoxicated ...

Do you get out of all debts if you declare bankruptcy?

While the goal of both Chapter 7 and Chapter 13 bankruptcy is to put your debts behind you so that you can move on with your life, not all debts are eligible for discharge.

Can my Chapter 13 be denied?

Chapter 13 Can Be Denied if the Bankruptcy Process is Not Followed. Under relevant bankruptcy law, a debtor should enroll and successfully finish a credit counseling course from an institution approved by the United States Trustee's Office. Otherwise, it is likely the bankruptcy case will not push through.

Does Chapter 13 wipe out all debt?

In a Chapter 13 bankruptcy, you must repay some debts in full through your Chapter 13 plan. Most debtors pay unsecured, nonpriority creditors in part through the plan, and then the remainder of the debt is discharged at the end of the bankruptcy.

Does Chapter 13 trustee check your bank account?

Does Chapter 13 Trustee Check Your Bank Account? Yes, it's highly likely that your appointed trustee will check both your personal bank accounts and any business-related bank accounts which you may have under your name.

What will I lose if I file bankruptcy?

Filing Chapter 7 bankruptcy wipes out most types of debt, including credit card debt, medical bills, and personal loans. Your obligation to pay these types of unsecured debt is eliminated when the bankruptcy court grants you a bankruptcy discharge.

What gets wiped out in bankruptcy?

Bankruptcy Can Wipe Out Credit Card Debt and Most Other Nonpriority Unsecured Debts. Bankruptcy is very good at erasing most nonpriority unsecured debts other than school loans. For instance, you can discharge unsecured credit card debt, medical bills, overdue utility payments, personal loans, gym contracts, and more.

What can you not do after filing bankruptcies?

After you file for bankruptcy protection, your creditors can't call you, or try to collect payment from you for medical bills, credit card debts, personal loans, unsecured debts, or other types of debt.

How long does it take for a Chapter 13 to be confirmed?

Time: Varies, but approximately 60-70 days after filing if no objection. If no objection to the original Chapter 13 plan is filed, the plan is usually confirmed within 30 days after the first meeting of creditors. If an objection is filed, the time for confirmation varies wildly.

What happens if my income increases while in Chapter 13?

An Increase in Income During Chapter 13 You can use Chapter 13 to retain some of your assets, but discharge all or a lot of your debts. The court will give you three to five years to pay your debts on a set schedule rather than the original rate determined.

What happens if a creditor objects to Chapter 13?

If a creditor objects to your valuation of an asset, your attorney may provide additional information to the creditor or trustee supporting the listed value, or the parties may agree to split the difference or to hire an appraiser to settle the dispute.

Income Forms

Chapter 13 debtors must file either one or two forms that together determine the duration and available income for a Chapter 13 repayment plan.

Chapter 13 Plans

Once the income and expense calculations have been made and the commitment period has been determined, a payment plan can be calculated. The payment plan will include amounts for

Article Sources

United States Courts. “ Bankruptcy Basics ,” Pages 25-26. Accessed Accessed April 3, 2020.

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.

Disadvantages To A Chapter 13 Bankruptcy Payment Plan

You create a payment plan where you use your post-bankruptcy income. This ties up your cash over the Chapter 13 plan period.

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.

Benefits Of Chapter 12 For Family Farmers And Fishermen

Bankruptcy laws provide debt relief options for a variety of situations. Chapter 7 helps people or businesses seeking a fresh start. Businesses that need to reorganize their debts while continuing to operate can do so under Chapter 11. Chapter 13 offers individuals the chance to create a repayment plan to get out of debt.

Disadvantages To A Chapter 7 Bankruptcy

You lose your non-exempt property which is sold by the trustee. If you want to keep a secured asset, such as a car or home, and it is not completely covered by your Texas bankruptcy exemptions then Chapter 7 is not an option.

The Texas Homestead Exemption

Texas is one of a small handful of states which provide an unlimited homestead exemption for your home, meaning that it does not matter how much it is worth or how much equity you have in it. Most states have a maximum amount you can protect, and after that it could be sold to pay your creditors. Not in Texas. Theres no limit.

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.

What to do with your car when filing bankruptcy in Texas?

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.

What is a 341 meeting?

Attend Your 341 Meeting. The 341 meeting is a meeting with the Chapter 7 trustee that is handling your case. It’s called a 341 meeting because it is required by Section 341 of the Bankruptcy Code. Everyone filing Chapter 7 in Texas must attend a 341 meeting.

How long does it take to get credit counseling in Texas?

Completing the credit counseling typically takes a couple of hours or less, and most providers offer it online and by phone.

What is the bankruptcy course?

Take Bankruptcy Course 2. Every bankruptcy filer has to take a course on financial management after their case is filed. It’s 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.

How to file for bankruptcy in Texas?

Everyone who wants to file Chapter 7 bankruptcy in Texas has to make sure they are eligible to do so. The first step is to compare your household income to the median household income of the same size in your state. If your household income is greater than this limit, the second part of the bankruptcy means test determines whether your income is enough to meet your reasonable and necessary living expenses and fund a repayment plan in a Chapter 13 bankruptcy. If not, you’re eligible to file a Chapter 7.

What information is needed for Chapter 7 bankruptcy in Texas?

Some of the information required for the bankruptcy forms to be ready for filing Chapter 7 in Texas is general in nature. Where you live now and where you've lived in the last 3 years, who your employer is and how much you’ve earned in the last couple of years, your monthly expenses, a list of your debts and a list of your assets. When listing your unsecured debts, make sure to include your student loans. Even though they're not dischargeable, they still have to be listed.

How many counties are there in the Southern District of Texas?

The Southern District spans 43 counties and serves nearly 8.6 million people over 44,000 square miles. The county you live in determines which of the 7 divisions in this district will handle your Texas bankruptcy case. This district has a wonderful resource, especially for folks filing without a bankruptcy attorney, that includes detailed descriptions of a debtor's duties and responsibilities when filing Chapter 7 bankruptcy in Texas posted on its website.

What is a non-attorney petition preparer?

Non-attorney Petition Preparers. If you file bankruptcy pro se, you may be offered services by non-attorney petition preparers. By law, preparers can only enter information into forms. They are prohibited from providing legal advice, explaining answers to legal questions, or assisting you in bankruptcy court.

How to help a bankruptcy lawyer?

The following is a list of ways your lawyer can help you with your case. Advise you on whether to file a bankruptcy petition. Advise you under which chapter to file. Advise you on whether your debts can be discharged. Advise you on whether or not you will be able to keep your home, car, or other property after you file.

What do petition preparers do?

A petition preparer must sign all documents they prepare for you; print their name, address and social security on the documents; and provide you with a copy of all documents. They cannot sign documents on your behalf or receive payment for court fees.

Can I file for bankruptcy without an attorney?

Individuals can file bankruptcy without an attorney, which is called filing pro se. However, seeking the advice of a qualified attorney is strongly recommended because bankruptcy has long-term financial and legal outcomes. Filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal issues.

Can you file bankruptcy under Chapter 7?

Filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal issues. Misunderstandings of the law or making mistakes in the process can affect your rights. Court employees and bankruptcy judges are prohibited by law from offering legal advice.

Why is Chapter 7 bankruptcy important?

Arguably, Chapter 7 bankruptcy gives you the biggest benefit because it allows you to wipe away your debts completely without having to repay any amount to your creditors. Even still, your goals and personal circumstances may not warrant filing a Chapter 7 bankruptcy.

What is Chapter 13?

A Chapter 13 allows you to avoid the the potential of having your unprotected property sold by the trustee, as you'll be paying your creditors the value of your unprotected property over the duration of the Chapter 13 plan.

What is considered unsecured debt?

Unsecured debts include credit card debts, medical bills, payday loans, and any other debt not attached to a specific piece of property. The next step in analyzing your debts is to determine which debts are priority debts and which debts are non-priority debts.

How long does a Chapter 7 bankruptcy last?

Another major difference between a Chapter 7 bankruptcy and a Chapter 13 is the duration of the case. A Chapter 7 case generally lasts for about 4 to 6 months, whereas a Chapter 13 case lasts for 3 to 5 years. During the 3 to 5 years you are in a pending Chapter 13 case, you will be making monthly payments to your assigned trustee.

How to get a credit report for a new home?

In addition to obtaining your credit report, you will need the following documents: 1 Tax returns for the past 4 years 2 Paystubs or other proof of income for the last 6 months before filing 3 Bank account statements from the past 3 to 6 months 4 Recent mortgage statement (s) and real estate tax bills 5 Residential lease agreement – if applicable 6 Recent retirement account or brokerage account statements 7 Valuations or appraisals of any real estate you own 8 Recent car loan statement (s) 9 Any other documents relating to your assets, debts, or income.

What is Chapter 13 bankruptcy?

Chapter 13 bankruptcy is often referred to as a “wage earner’s bankruptcy” or a “reorganization”. In contrast to a Chapter 7 bankruptcy, a Chapter 13 requires you to repay a portion, or all of your debts back in order to successfully complete your case and receive a full discharge.

How long does it take to get a credit counseling certificate for Chapter 13?

The course takes approximately one hour and can be completed online or by telephone.