how to file chapter 7 in texas without a lawyer

How to File Chapter 7 Bankruptcy

Without A Lawyer TX Part 1 In order to file for Chapter 7 bankruptcy under BAPCPA, you must pass the Chapter 7 means test, which compares your income to the median income level where you live. If you make substantially more than the median family of your size, youre unlikely to qualify for Chapter 7 protection.

Full Answer

How do I file Chapter 7 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.

Can I file Chapter 7 bankruptcy without an attorney?

The employer is a Many people file for Chapter 7 bankruptcy without an attorney. In fact, in some districts, a whopping 28% of bankruptcy filings were by pro se litigants (the legal term for "filing on your own"). Some people represent themselves because they can't afford the attorney fees.

What happens if I don’t file my Chapter 7 certificate?

Many pro se debtors, confused about these requirements, fail to file the proper certificate, which can result in a dismissal of the case. Most Chapter 7 cases move along predictably: you file for bankruptcy, attend the 341 meeting of creditors, and then get your discharge.

Can I file Chapter 7 and retain all of my property?

Because of the generous dollar amounts attached to the Texas exemptions, it is very likely that you can file for Chapter 7 and retain all of your property. The exemption laws change from time to time, so be sure to meet with an attorney to review your case in detail.

How much does a Chapter 7 lawyer cost in Texas?

between $800 - $20001. Bankruptcy Attorney Fees Texas. A Chapter 7 Bankruptcy is often less expensive than Chapter 13 bankruptcy. Chapter 7 bankruptcy attorneys in Texas can cost between $800 - $2000.

How long does it take to file Chapter 7 in Texas?

four to six monthsA Chapter 7 bankruptcy can take four to six months to do, from the time you file to when you receive a final discharge – meaning you no longer have to repay your debt. Various factors shape how long it takes to complete your bankruptcy case.

What Cannot be included in a Chapter 7?

Filing for Chapter 7 bankruptcy eliminates credit card debt, medical bills and unsecured loans; however, there are some debts that cannot be discharged. Those debts include child support, spousal support obligations, student loans, judgments for damages resulting from drunk driving accidents, and most unpaid taxes.

Can I keep my car if I file Chapter 7 in Texas?

Every state has exemption statutes on property protection during bankruptcy. You can find all Texas exemption statutes here. In regards to vehicles, Texas is generous. The state allows individuals filing for Chapter-7 to keep the entire value of one car for every licensed household member.

How much do you have to be in debt to file Chapter 7?

Again, there's no minimum or maximum amount of unsecured debt required to file Chapter 7 bankruptcy. In fact, your amount of debt doesn't affect your eligibility at all. You can file as long as you pass the means test. One thing that does matter is when you incurred your unsecured debt.

Does Chapter 7 trustee check your bank account?

Your Chapter 7 bankruptcy trustee will likely check your bank accounts at least once during the process of overseeing your filing. They have a right to perform a full audit of your accounts or check them any time it is necessary. However, it is rare for them to keep close tabs on every account.

What debts Cannot be discharged in Chapter 7?

Additional Non-Dischargeable Debts Certain debts for luxury goods or services bought 90 days before filing. Certain cash advances taken within 70 days after filing. Debts from willful and malicious acts. Debts from embezzlement, theft, or breach of fiduciary duty.

What do you lose when you file Chapter 7?

A Chapter 7 bankruptcy will generally discharge your unsecured debts, such as credit card debt, medical bills and unsecured personal loans. The court will discharge these debts at the end of the process, generally about four to six months after you start.

Does Chapter 7 discharge All debts?

An individual receives a discharge for most of his or her debts in a chapter 7 bankruptcy case. A creditor may no longer initiate or continue any legal or other action against the debtor to collect a discharged debt. But not all of an individual's debts are discharged in chapter 7.

Can I keep my cell phone in Chapter 7?

In most cases, clients can keep their cell phones without experiencing any service interruptions. However, if you rent or finance your cell phone instead of owning it outright, you may be asked to surrender it.

How do you qualify for Chapter 7 in Texas?

If your total monthly income over the course of the next 60 months is less than $7,475 then you pass the means test and you may file a Chapter 7 bankruptcy. If it is over $12,475 then you fail the means test and don't have the option of filing Chapter 7.

Can I exclude a credit card from Chapter 7?

While a person cannot exclude a credit card from their bankruptcy petition, they can reaffirm their debt to improve their chances of being able to keep their card.

File Bankruptcy In Texas With Help From Leinart Law Firm

If youre interested in filing for Chapter 7 or Chapter 13, the bankruptcy attorneys at Leinart Law Firm are here to guide you through the process or help you seek an alternative debt relief solution if bankruptcy isnt right for you.

Get A Fresh Financial Start

If there are no issues with your bankruptcy, your debts will be discharged in Chapter 7 or you will begin to repay your debts according to the terms of your Chapter 13 plan. If you have any debts that were not eligible to be included in your bankruptcy, make sure to speak to those creditors to work out a payment plan or settlement agreement.

Figuring Out If Youre Eligible For Chapter 13

You may qualify for Chapter 13 bankruptcy if you have a steady income and your debts are worth less than the dollar amounts set by federal bankruptcy law. In 2019, the amounts are:

More About Online Bankruptcy

If bankruptcy is in your future, there are tools online to help you find your way through the maze.

Explore Your Bankruptcy Options

At Leinart Law Firm, our overriding goal is to provide you with top-notch legal advice and help you obtain financial freedom. We utilize bankruptcy laws to help you stop collections, harassment, foreclosures, repossessions and wage garnishments. Our compassionate, competent team knows that the burden of insurmountable debt can be overwhelming.

Take A Debtor Education Course

Before the court will grant your bankruptcy discharge, you must complete a debtor education course from an approved provider.

Deciding When Bankruptcy Is Your Best Option

It can be difficult to decide whether to move forward with a bankruptcy filing in Texas. Attorney Erin B. Shank can help you analyze your situation and give you solid advice regarding all your financial questions.

What Is The Downside Of Filing For Bankruptcy

There are several disadvantages to filing for bankruptcy. Although the bankruptcy system provides respite to persons with heavy debt, interested petitioners should be mindful of the following downsides.

Is Chapter 7 Bankruptcy Right For You

Make sure you know the difference between Chapter 7 bankruptcy vs Chapter 13 bankruptcy. Chapter 7 makes sense when:

Whats The Difference Between Chapter 7 And Chapter 13 Bankruptcy

The major difference is time Chapter 7 takes 4-6 months Chapter 13 takes 3-5 years and money. You can have most, or all your unsecured debt discharged in Chapter 7 bankruptcy. In Chapter 13, some of your debt is forgiven, but only if you meet the conditions approved by the trustee and bankruptcy judge.

You Cant Afford The Attorneys Fees Required To File Chapter 7 Bankruptcy

Unfortunately, because of certain BAPCPA-mandated changes to bankruptcy law, attorneys fees, administrative fees and new requirements cost bankruptcy petitioners more than ever before. If you cant afford the more than $1,000 in costs associated with a bankruptcy case, it may not work for your situation.

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.

Official Instructions And Committee Reports

Instructions are easier to come by than they used to be. The official U.S. Court website now offers instructions with these forms.

The Most Common Chapter 7 Exemptions

Even though every state will handle Chapter 7 bankruptcy exemptions a little differently, there are some common types of property that are usually protected. For example, your car, home, and clothes are usually protected. However, collectibles, investments, and vacation homes are less likely to be exempt.

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 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 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.

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 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 the second part of the bankruptcy test?

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.

Why is the means test put in place?

The means test was put in place to make it more difficult to file Chapter 7 bankruptcy when debtors have the disposable income to repay some of their debts. As a result, those earning more than the median income in their state must pass the means test in order to qualify for Chapter 7 bankruptcy.

How many acres can you homestead in Texas?

For example, the Texas homestead exemption allows debtors to protect an unlimited amount of value in their home provided the property does not exceed 10 acres in a city town or village or 100 acres elsewhere.

What does discharge mean in bankruptcy?

The discharge eliminates debts in a similar fashion regardless of the city or state you file in . Having said that, each state as well as the federal government has enacted legislation that dictates what property debtors can keep through the Chapter 7 bankruptcy process .

What happens if you file Chapter 7 bankruptcy?

From Alabama to California to Michigan, filing Chapter 7 bankruptcy will stop foreclosure, phone calls, lawsuits and other harassment by debt collectors. Similarly, Chapter 7 will discharge your unsecured debts such as medical bills and credit card debt.

How long do you have to live in Texas to file for homestead?

According to legalconsumer.com: Under the new bankruptcy law, you must have lived in the state for at least 40 months ( three years and four months) before you can claim any homestead protection greater than $146,450.

How long do you have to live in Texas to be eligible for homestead exemption?

Since the Texas homestead exemption allows for protection greater than $146,450, you must have been living in Texas for 40 months before the law applies.

How much does a lawyer charge for Chapter 7?

An average attorney’s fee for Chapter 7 case can range between $900-$2,000 depending on the complexity of the case. There is a common misconception in the public that filing for bankruptcy is just “filling out some forms.”.

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.

What is the form 122A-1?

Most individual debtors filing for bankruptcy relief are required to complete either Official Bankruptcy Form 122A-1 or 122C-1 (Statement of Current Monthly Income and calculations). Bankruptcy Form 122A-1 is the form chapter 7 debtors will complete for "means testing" purposes; Form 122C-1 is the form chapter 13 debtors will complete.

How to advise on bankruptcy?

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. Advise of the tax consequences of filing.

How long does it take to pay a court filing fee?

If your application to pay in installments is approved, you will be permitted to complete payment of the fee over the course of three months.

What time does bankruptcy lawyer work?

If you are unable to afford an attorney, you may qualify for free legal services. 8:30 A.M.. – 4:30 P.M.. Monday through Friday.

What is a pro se litigant?

Assist you with most aspects of your bankruptcy case. Pro se litigants are expected to follow the rules and procedures in federal courts and should be familiar with the United States Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and the local rules of the court in which the case is filed.

What is the Social Security number for 121?

Social Security Card and 121 - Statement of Social Security Number (s) is required at the time of filing. If you do not have a Social Security Card, contact your local Social Security Office. Locations, phone numbers, and office hours for the Social Security Office are available at: www.socialsecurity.gov or (800) 772-1213.

Can a bankruptcy preparer enter information into a bankruptcy form?

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.

What do you need to do before filing for bankruptcy?

In Chapter 7 and Chapter 13 bankruptcy filers must receive credit counseling from an approved provider before filing for bankruptcy, and complete a financial management course before getting a discharge.

What is the best bankruptcy for a home?

For most consumers, the logical choices are Chapter 7 bankruptcy and Chapter 13 bankruptcy. Each type has specific benefits that solve particular problems. Also, property is treated very differently in each chapter. For example, if you want to save your home from foreclosure, Chapter 13 might be your best bet.

What to do if you decide to file for bankruptcy on your own?

If you decide to file for bankruptcy on your own, find out what services are available in your district for pro se filers. Some bankruptcy courts hold pro se clinics where an attorney describes the bankruptcy options and process. Others can connect you with legal aid organizations that do the same.

What happens in Chapter 7?

Motions or Adversary Actions. Most Chapter 7 cases move along predictably: you file for bankruptcy, attend the 341 meeting of creditors, and then get your discharge. But, that's not always the case. Other, more complicated issues can arise that most pro se filers aren't prepared to handle.

Can bankruptcy attorneys meet with you?

And most bankruptcy attorneys will meet with you for free for an initial consultation. That might be enough for you to learn that bankruptcy is not for you, to determine which chapter is best for you, or to discover that you have some issues that might mean going it alone is a bad idea.

Do you have to file for bankruptcy if you are self represented?

Many self-represented bankruptcy debtors don't file all of the required bankruptcy documents , which, if not remedied, will result in a dismissal of the case.

Can you lose everything in bankruptcy?

You don't lose everything in bankruptcy. Property exemptions play a vital role in protecting property in both Chapter 7 and Chapter 13 bankruptcy. But, many pro se filers don't list the proper exemption to keep an item of property, and, as a result, risk losing it. If you stand to lose valuable property (like your home or car) ...