How do you file bankruptcy in Dallas, TX? When you file a bankruptcy case in Dallas, TX, you will first need to complete credit counseling administered by a government-approved agency. The reason why this is a mandatory condition of bankruptcy filing is that it provides debt relief alternatives to the filer. After completing your credit counseling, you must receive a certification from the agency that served you describing what counsel was given. This certification will be attached to your Statement of Compliance and submitted to the bankruptcy court.
There is an official court form to be used for credit counseling certification. Government-approved agencies are usually displayed on your bankruptcy court’s website. Many agencies offer online counseling, and many of them will reduce or waive the associated fees for indigent bankruptcy filers.
You Must Complete Credit Counseling Before You File Bankruptcy
It is important to obtain credit counseling prior to filing your bankruptcy claim. If not, the court may dismiss your case, and you may lose any filing fees you’ve already paid. Even if you get a refund, you may still compromise your bankruptcy rights and not be able to prevent creditors from collecting on current debts. When you file later, you will have to pay the filing fees again. Please note that credit counseling fees can only be waived in very specific circumstances. Therefore, speak to an experienced lawyer about bankruptcy in Dallas, TX, and make sure you meet all of these requirements before you file.
File a Petition
Before filing bankruptcy in Dallas, TX, you must file a petition with the bankruptcy court in the federal judicial district where you live. The petition includes a request for relief under one of the chapters in the bankruptcy code. You must file a statement regarding your financial matters, disclosing all creditors and assets on forms called „Schedules.“ A debtor must also fill out a form showing whether or not he or she should file under Chapter 13 rather than under Chapter 7, given the amount of money that is left over each month after deducting reasonable household expenses. This form is called the „Means Test“ form.
Most debtors filing bankruptcy are required to pay a filing fee upfront. The amount of this initial fee will depend on which kind of bankruptcy case you are filing. You may pay your filing fee in cash, with a money order, or via certified check. In some instances, filers may be permitted to pay their filing fee in four monthly installments. If you do not file the appropriate documents or pay the filing fee, the court may dismiss your case.
Get Legal Help for Your Bankruptcy Case
As you can see, there are several steps in the bankruptcy filing process. Filing bankruptcy in Dallas, TX doesn’t have to be difficult. You can partner with a seasoned bankruptcy lawyer who can advise you, explain everything to you, protect your rights, make sure all filings are done in a timely and comprehensive manner, and protect your case from being damaged or thrown out. Contact Allen Stewart P.C. today to schedule your free bankruptcy consultation.