Who can file for bankruptcy in Texas?

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Question:

Who can file for bankruptcy in Texas?

Answer:

To file bankruptcy in Texas, you must meet a few requirements:

  • You must have been a resident of Texas for an appropriate length of time to use the Texas exemptions and Texas bankruptcy laws. This period of time is 2 years, so if you have not lived in Texas for this length of time, you cannot use Texas state's bankruptcy law to file
  • You must qualify for the chapter of bankruptcy you are filing under. This means that to file a chapter 7 bankruptcy, you must either make below the median income level for Texas individuals or you must pass a means test. Otherwise, you must file for a chapter 13 bankruptcy

To begin the process of filing bankruptcy, you must fill out all of the appropriate forms and documents in Texas. For a chapter 13, this means creating a 3-5 year repayment plan. For a chapter 7, this means listing of all assets and accounting for those assets so that non-exempt assets can be sold.

To determine the specific requirements you must fulfill and to get help determining if you can apply for bankruptcy in Texas, you should strongly consider speaking with an experienced bankruptcy attorney within the state. 

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