How to File a Bankruptcy & Adversarial Proceeding in Texas
- 1). Determine if bankruptcy is the right option for your situation by seeking the advice of an experienced Texas bankruptcy attorney. It is common to assume that filing bankruptcy will be beneficial when you are deep in debt; however, the bankruptcy law is constantly changing, making the income and debt requirements for filing complicated. An attorney can help guide you through the complex bankruptcy laws to determine if bankruptcy is the correct option for your situation, the correct type of bankruptcy to file and which Texas bankruptcy court district to file your case in.
- 2). Obtain a credit counseling certificate from a credit counseling center that is approved by your court district. You can obtain a list of credit counseling providers from the clerk of the court at no charge. Once you complete the credit counseling class, you will be issued a certificate that you will need to file with your bankruptcy petition as evidence that you have completed the class.
- 3). Gather all of the documentation that is required to initiate the Texas bankruptcy process. This includes proof of identification, income verification, a list of your creditors, a list of your debts, credit counseling certificate, a list of assets and your bank statements. It is a good idea to maintain your originals and make photo copies of your paperwork to be used in court unless original documentation is required.
- 4). Fill out your bankruptcy petition as neatly and accurately as possible using black ink. You will need to use some of the financial documentation that you have gathered to fill out your bankruptcy schedules. Be sure that the information provided on your Texas bankruptcy petition matches what is in your documentation to avoid incurring difficulties with the U.S. Trustee or your creditors.
- 5). Bring your bankruptcy petition, documentation and filing fee to the bankruptcy court in your Texas district. You will need to give your paperwork to the clerk of the court, who will give you a receipt for your bankruptcy filing fee. It is a good idea to request a copy of the stamped bankruptcy petition to use as proof of bankruptcy filing for your creditors and so that you have a copy of your file number for your records.
- 6). Draft your adversarial proceeding using the guidelines mandated by your local Texas district. Place your bankruptcy case number on the adversarial proceeding so that the court is aware that the adversarial proceeding is a case related to your bankruptcy filing. There are no filing fees required for adversarial proceedings that are filed by debtors in active bankruptcy.
- 7). Bring your adversarial petition to the bankruptcy court so that it can be filed. You will need to request an adversarial cover sheet from the clerk and fill it out before you can file the adversary. File your petition and adversarial cover sheet with the clerk of the court. Your adversarial case number will be assigned by the clerk upon filing.
- 8). Keep track of upcoming appearance dates and filing deadlines to ensure that your bankruptcy and adversarial proceeding are not dismissed by the court. The adversarial proceeding is a separate case from the lead bankruptcy case and has different requirements and deadlines. It is a good idea to write down important deadlines in your calendar to ensure that your case is managed properly.
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