Will I be eligible to file for Chapter 7 bankruptcy in Texas?

Thanks to the bankruptcy reforms of 2005, debtors seeking Chapter 7 protection must deal with the means test. The means test was put in place to make it more difficult to file Chapter 7 bankruptcy when debtors have the disposable income to repay some of their debts. As a result, those earning more than the median income in their state must pass the means test in order to qualify for Chapter 7 bankruptcy.

For a single filer in Texas filing bankruptcy after May 1, 2020 their income must be less than $49,996 or they will have to analyze their disposable income under the means test. For a couple, that number is $65,708.

It is important to remember that the means test calculates median income based on household size, so if your household is larger than a single individual, your median income will be compared against a family with a similar headcount.

A good bankruptcy lawyer can walk you through the means test and help you determine whether you are eligible to file for Chapter 7.

Cost to file chapter 7 in Texas

The chapter 7 filing fees in Texas are $338, but that doesn’t tell the whole story of the real cost to file bankruptcy. Bankruptcy lawyers usually charge between $1,000 and $2,000 to file a chapter 7 case, in addition to the filing fee.

Where is My Local Bankruptcy Court? Where Will My Meeting of Creditors be Held?

Like every other state in the union, Texas contains a series of state and federal courts to serve its residents. Because bankruptcy is a process organized under federal law, Texas bankruptcy courts are part of the federal court system.

Texas is a big state with four federal districts, each with numerous bankruptcy courts. Districts are further divided by division, which include courthouses for local residents. The 341 meeting of creditors usually takes place at the division courthouse nearest to your home. In most cases, bankruptcy filers are not obligated to attend court. The meeting of creditors rarely takes place in an actual courtroom.

The Eastern District of Texas Bankruptcy Court (Main Courthouses: Tyler, Plano, Beaumont)

According to the Eastern District of Texas Bankruptcy Court website, the Court serves the following areas:

The Eastern District of Texas consists of 43 counties in the eastern part of Texas from the Red River to the north to the Gulf of Mexico to the south. Information on counties and their serving offices can be viewed here.

The Northern District of Texas Bankruptcy Court (Main Courthouses: Amarillo, Dallas, Ft. Worth, Lubbock, San Angelo, Wichita Falls)

The official website for the Northern District of Texas Bankruptcy Court can be viewed here.

The Western District of Texas Bankruptcy Court (Main Courthouses: Austin, El Paso, Midland, San Antonio, Waco)

The official website for the Western District of Texas Bankruptcy Court can be viewed here.

The Southern District of Texas Bankruptcy Court (Main Courthouses: Brownsville, Corpus Christi, Galveston, Houston, Laredo, Mcallen, Victoria)

The official website for the Southern District of Texas Bankruptcy Court can be viewed here.

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