- Filing bankruptcy in Texas automatically allows you a number of legal protections, including an "automatic stay" that bars creditors from trying to garnish your wages or otherwise contact you, according to the book "How to File for Chapter 7 Bankruptcy." However, you must follow a number of filing guidelines to keep this type of protection and permanently rid yourself of eligible bills such as medical accounts or credit card debt. Also, some people may only qualify for Chapter 13 bankruptcy. This compels those Texans to repay part of their debts under local bankruptcy court supervision.
- Before 2005 federal bankruptcy reform laws changed the scope of filing Chapter 7, Texans ordinarily did not have to pass strict means tests to pursue such debt relief, according to the book "How to File for Chapter 7 Bankruptcy." Texas residents who make more than the state's median income might have to repay at least some of their consumer debts through the Chapter 13 process. As of 2010, the median income for a single earner living in Texas was $38,940; families of four could earn an aggregate total of $66,381 and still be eligible for Chapter 7. Those who make more than the state's median income might be able to file Chapter 7 bankruptcy if they prove through a federal means testing process that they really don't have any disposable income for debt repayment.
(References 1 and 3) - Whether you choose Chapter 7 or Chapter 13, you must complete a credit counseling session before you can file your paperwork, according to the United States Bankruptcy Court Northern District of Texas website. Such sessions must be completed no more than 180 days before your bankruptcy filing and usually last about 60 to 90 minutes. Also keep in mind that the provider must be a federally approved agency.
(Reference 2) - You can opt to hire a qualified lawyer to handle your case, but don't have to, according to the United States Bankruptcy Court Northern District of Texas website. However, debtors without legal representation must prove Texas residency as well as their identities through showing a valid State of Texas photo identification card or driver's license. Also, a copy of a valid Social Security Card as well as an affidavit swearing that that is indeed your Social Security number is required. You should also bring copies of your credit counseling completion certificate and any income documentation to your local court when filing bankruptcy pro se in Texas.
(References 2 and 4)
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