Often asked: How To File Bankruptcy In Texas?

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

If you take no actions on your car loan when you file for bankruptcy, you are technically relieved of your obligation to repay your car loan afterward, but bankruptcy cannot remove the right of the lender to repossess your property. You can keep your vehicle if you either reaffirm or redeem your car.

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

There is no minimum amount of debt you must have in order to file for bankruptcy relief. While the amount of your debt is an important factor to consider, there are other more important factors to take into account in determining if a bankruptcy filing is in your best interest.

What is the difference between Chapter 7 and Chapter 13 bankruptcy in Texas?

In a Chapter 7 bankruptcy, the court makes an order saying that certain debts do not have to be paid back. Chapter 13 is a reorganization bankruptcy. It allows a person to make a plan to pay some debts over a period of time. When the payment plan is completed, the remaining debts are discharged.

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Can you file bankruptcy without going to court?

However, when you file for bankruptcy, you never really have to go to court. The only appearance you are required to make is attending the 341(a) Meeting of Creditors. The 341(a) Hearing is held around 30-35 days after your bankruptcy case is filed.

How much cash can you keep when filing Chapter 7 in Texas?

This means that if you can drive a car, you have a right to protect one car through the Chapter 7 bankruptcy process in Texas. Texas bankruptcy law also allows for debtors to protect $50,000 of personal property for a single filer or $100,000 of personal property for a family.

Can I keep my cell phone in Chapter 7?

As long as you are up to date with paying your bill or even if you can bring it current, you will be able to continue the cell phone contract without issue. Once you have decided whether you want to keep your cell phone contract or use bankruptcy in order to terminate it, your bankruptcy lawyer can help you do so.

What is the income cut off for Chapter 7?

If your annual income, as calculated on line 12b, is less than $84,952, you may qualify to file Chapter 7 bankruptcy. If it’s greater than $84,952, you’ll have to continue to Form 122A-2, which we’ll review in the next section. It should be noted that every state has different median income calculations.

What is the downside to filing bankruptcy?

The potential disadvantages of bankruptcy include: Loss of credit cards. Many credit card companies automatically cancel any cards you hold when you file. You will probably receive numerous offers to apply for “unsecured” credit cards after filing.

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Is it better to file Chapter 7 or 13?

In many cases, Chapter 7 bankruptcy is a better fit than Chapter 13 bankruptcy. For instance, Chapter 7 is quicker, many filers can keep all or most of their property, and filers don’t pay creditors through a three- to five-year Chapter 13 repayment plan.

Can I keep my car if I file bankruptcy?

If you file for Chapter 7 bankruptcy and local bankruptcy laws allow you to exempt all of the equity you have in your car, you can keep the vehicle—as long as you’re current on your loan payments. They may also give you the option to pay off the equity at a discount in order to keep the car.

At what point should I file bankruptcy?

If you have large debts that you can’t repay, are behind in your mortgage payments and in danger of foreclosure, are being harassed by bill collectors—or all of the above—declaring bankruptcy might be your answer.

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

In both cases, the bankruptcy court can discharge certain debts. Once a debt has been discharged, the creditor can no longer take action against the debtor, such as attempting to collect the debt or seize any collateral. Not all debts can be discharged, however, and some are very difficult to get discharged.

How can I file bankruptcy with no money?

Learn more about how to file bankruptcy with no money.

  1. Take Advantage of Free Consultations.
  2. Use Your Tax Refund.
  3. Stop Paying Your Credit Cards.
  4. Ask Family or Friends for Help.
  5. Get Your Bill Collectors to Pay.
  6. Reduce Expenses.
  7. Work With Your Attorney.
  8. Ways to Get Low-Cost or Free Help.

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