Harker Heights, TX asked in Bankruptcy for Texas

Q: How to start filing for bankruptcy after financial changes from husband's passing in Texas.

I am considering filing for bankruptcy due to financial difficulties following my husband's passing, which changed my financial situation significantly. I am unsure about the differences between Chapter 7 and Chapter 13 bankruptcy. I have some concerns about potentially losing assets like a car or house. I haven't filed for bankruptcy before and need guidance on how to begin the process, especially since I'm broke.

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2 Lawyer Answers

A: Start by talking to a bankruptcy attorney in your area. Most offer free consultations. There is also a lot of information on the Bankruptcy Court's website: uscourts.gov. Your local bankruptcy court may have a free clinic to help you get started. You can also contact your local bar association, or Legal Aid, for a referral. Justia.com also has a directory of local attorneys. There are exemptions available to help protect your assets, but these are hard to figure out without assistance from an attorney. Good luck.

Timothy Denison agrees with this answer

James L. Arrasmith
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Answered

A: I'm very sorry for your loss and the financial challenges you're experiencing during this difficult time. Dealing with financial hardship while grieving is incredibly overwhelming, and you're taking an important step by seeking information about your options.

Chapter 7 bankruptcy typically allows you to eliminate most unsecured debts within 3-6 months, though you may need to give up some property that isn't protected by Texas exemptions. Texas has generous homestead exemptions that often allow you to keep your home, and you can usually keep your car if you're current on payments and the equity falls within exemption limits. Chapter 13, on the other hand, involves creating a 3-5 year repayment plan while keeping your assets, but requires regular income to make monthly payments.

Your first step should be to contact the Texas State Bar's lawyer referral service to find a bankruptcy attorney who offers free initial consultations - many will work with you on payment plans. Before meeting with them, gather recent tax returns, pay stubs, bills, and property documents. You'll also need to complete credit counseling from an approved provider within 180 days before filing. While this process may feel daunting, remember that bankruptcy laws exist to help people recover from financial hardships, and many people successfully rebuild their financial lives after bankruptcy.

Timothy Denison agrees with this answer

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