Chapter 13 in Texas

: Chris Lee Law Firm

  Filed under: Chapter 13

TexasIn each state, filing for Chapter 13 bankruptcy protection is a slightly different process. This is because bankruptcy is a state issue, not a federal one, and each state is of course a separate government entity with separate rules. In general, the main process is the same, but there are some differences you may want to be aware of depending on which state you live in. For example, here are some differences unique to filing Texas bankruptcy.

Texas Bankruptcy: Chapter 13

Chapter 13 filing in Texas follows many of the same basic rules as filing Chapter 13 in other states. First, you will be required to complete a credit counseling course within the 180 days prior to filing, whether it be Chapter 7 or Chapter 13. In Texas, you must also take a second course called a Debtor Education course after you file, before your Chapter 7 or Chapter 13 bankruptcy can be discharged. The Debtor Education course is similar in many ways to credit counseling, but is not required in all states.

Probably the biggest thing unique to Texas bankruptcy laws is the amount of exemptions one can claim. You can either claim the federal list of exemptions, or the Texas state list of exemptions – though note, you cannot mix and match exemptions; you must choose one or the other. There are many specific exemptions to Texas bankruptcy involving things like livestock and firearms, so it would behoove you to take note of these exemptions before deciding which list to choose for your Chapter 13 filing.

Texas also has a lengthier list of documents that must be filled out than do most other states.

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