How to File Bankruptcy in Texas

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In Texas, you can apply for both Chapter 7 and Chapter 13 Bankruptcy as an individual consumer.

Pass a means test. Under the test, if you make less than the median income for a Texas family, you may file under Chapter 7.

Undergo credit counseling approved by the state and complete any unfiled tax returns.

File a Statement of Financial Affairs with the court. Your Statement of Financial Affairs will include a list of all your debts, both secured (such as mortgages or car loans) and unsecured (such as credit cards and medical bills). You will also need to include names and contact information for all your creditors and an itemized list of your personal property and assets.

Tips

  • If you own a home or property and file bankruptcy, you will most likely be able to keep it under federal and Texas state exemptions. Keep in mind, however, bankruptcy does not erase mortgages or liens, so if you are behind on your payments, your house may still be foreclosed on.

    If you have extra income that would allow you to repay your debts, you may want to file Chapter 13 bankruptcy. Under Texas Chapter 13 bankruptcy, you will establish a payment plan with the approval of the court.

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