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Define: Texas Bankruptcy Filing Fee

Texas Bankruptcy Law Summaries

"Texas Bankruptcy Filing Fee"

In all Texas bankruptcy cases, a filing fee must be paid before the clerk will accept the petition. The only exception is allowed for debtors who can not afford the fee and submit an application for permission for payment of the fee in installments. Failure to pay installments will result in dismissal. After the clerk accepts the filing fee and petition, a file stamp includes the case number used in future dockets.

The Uniform Local Bankruptcy Rules, under Rule 6 (b)(1) provide "Every petition shall be accompanied by the prescribed filing fee except as provided in subdivision (b)(2) of this rule. [See Rule 1006, Federal Rules of Bankruptcy Procedure and schedule of fees in 28 U.S.C. 1930(a), as amended.] The clerk shall collect such filing fees as well as all other statutory fees and charges provided by Chapter 123 of Title 28, United States Code.

Texas bankruptcy courts provide free forms to debtors upon request. Also, clerks may provide a package of documents including instructions for filing. Usually, these packets include: 1) an official form for the petition, 2) a current fee requirements and options, 3) instructions for preparing a mailing matrix, 4) debtor rights for discharge, and 5) a glossary of common bankruptcy terms. Be aware, forms provided and instructions may not include all necessary documents throughout the completion of the case. Texas bankruptcy courts allow pro se debtors to file paper forms. Also, Texas courts permit emergency filing after hours online. To file online, attorneys must apply for approval and receive a personal account before filing. Payment of filing fees online may be provided by credit card.

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