how to file chapter 13 in texas without an attorney

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.

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How does Chapter 13 bankruptcy work in the state of Texas?

Sep 01, 2021 · Filing without an attorney the information on this page is provided for individuals filing bankruptcy without attorney representation . The trustee is also the person that will be asking you questions at your 341 meeting. Whether filing on your own will make sense will likely depend on: The trustee will be your primary point of contact during your texas bankruptcy, …

Can I file Chapter 13 bankruptcy without a lawyer?

Eastern District of Texas Local Rules. Bankruptcy Filing Checklists for Chapter 7, 11, 12, and 13. Bankruptcy Forms. Application to Pay Filing Fee in Installments (NOTE: Only if not able to pay the fee in full) Application to Have the Chapter 7 Filing Fee Waived. Please note that income must be less than 150% of Federal Poverty Guidelines.

Do I need a bankruptcy attorney to file Chapter 7 in Texas?

Feb 29, 2016 · The first form is the Chapter 13 Statement of Your Current Monthly Income and Calculation of Commitment Period, Official Form B122C-1. This calculates your average monthly income and uses that figure to determine whether your case should last three years or …

Can I represent myself in Chapter 13 bankruptcy?

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 …

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 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.

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 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 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 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 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 do you need to file Chapter 13?

In Chapter 13, along with all other required papers, you need to file a “Plan” of repayment to some of your creditors. The plan payment is determined by the assets you own, the types of debts you have, and your income. Some of the terms used to determine your payments are outlined below:

What happens if you don't pay taxes in Chapter 13?

You generally must have a good reason for falling behind and a solid plan to catch up. If you are unable to catch up, you may consider converting the case to chapter 7. It would be as if you filed a chapter 7 case in the first place. You will need to provide an updated budget and will have to attend a new 341 meeting of creditors with your chapter 7 trustee. If you cannot pay your current payments then this is sometimes your best option but it is quite likely that you will lose the property you were attempting to cure in the chapter 13 bankruptcy.

What is Chapter 13 bankruptcy?

The chapter 13 bankruptcy is for those who desire to save their car or house and cannot pay the current amount under the terms of the original contract. Others who file for chapter 13 do so because some of their property belongs to non-exempt category or their income is high enough to trigger a claim of abuse from the trustee or the creditors.

How many pages are there in the FICO booklet?

Your credit score (FICO) and how high you can get it after bankruptcy are important. We recommend that you download FICO’s 17-page booklet called Understanding Credit Reports and Scores. You can find it on FICO’s web site at www.myfico.com/CreditEducation/.

Can creditors object to a bankruptcy plan?

Your creditors have the legal right to object to your plan on the grounds set forth above, as well as others (if they can show it wasn’t proposed in good faith, the amounts are insufficient, etc.). Creditors are required to file “proofs of claim” with the court in order to be paid from your Plan. As you might imagine, these claims may be for higher amounts than you put in your bankruptcy papers. This can often cause your proposed plan to become infeasible and necessitates that your attorney objects to these claims (assuming grounds exist for doing so).

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.

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.

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.

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 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 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.

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 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 Northern District of Texas?

The Northern District covers 100 counties in north-central Texas and is divided into 7 divisions. The bankruptcy court has offices in Amarillo, Dallas, Fort Worth, and Lubbock. The Northern District has its own verification for the list of creditors everyone filing Chapter 7 bankruptcy in Texas has to provide to the bankruptcy court. In addition, this district has a form request for a 30-day extension if you’re unable to complete the required credit counseling course due to an emergency.

What to do if you file Chapter 13?

If you filed Chapter 13 to take advantage of legal strategies such as lien stripping or cramdown, or to combine it with a mortgage modification, you will need to file the appropriate motions with the court and attend hearings.

What happens if you don't file Chapter 13?

If you are not successful, the court will dismiss your Chapter 13 case. If this happens, at best, you are back in the same spot you were before you filed. But you could also end up in a worse position: With the passing of time, additional interest and late charges will accrue and sometimes creditors are angry about the delay.

What is the role of a trustee in Chapter 13?

When you file for Chapter 13, a trustee is appointed but the trustee is not your lawyer. In fact, the trustee is prohibited from providing you ...

How long can you stay on a bankruptcy?

But even then, you have another hurdle because the automatic stay that you rely on to stop collection actions while your bankruptcy is pending may be limited to 30 days or not available at all without filing motions and convincing the judge to continue or impose the stay.

Can a trustee be a lawyer?

When you file for Chapter 13, a trustee is appointed but the trustee is not your lawyer. In fact, the trustee is prohibited from providing you with legal advice and is rarely, if ever, able to respond to calls or emails requesting help with your case. The Chapter 13 bankruptcy trustee will likely notify you if your plan is not in compliance ...

Can a lawyer represent you in Chapter 13?

The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties. Hiring an attorney to represent you in a Chapter 13 bankruptcy can be expensive.

What can you do with Chapter 13?

You can use Chapter 13 to prevent a house foreclosure ; make up missed car or mortgage payments; pay back taxes; stop interest from accruing on your tax debt (local, Texas state, or federal); keep valuable non-exempt property (see Texas exemptions ); and more.

What is Chapter 13 bankruptcy?

A chapter 13 bankruptcy allows them to make up their overdue payments over time and to reinstate the original agreement. Where a debtor has valuable nonexempt property and wants to keep it, a chapter 13 may be a better option.