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Texas Bankruptcy Law Summaries

"Texas Bankruptcy Forms"

Each court provides free official Texas bankruptcy forms and official instructions. These documents must be prepared in substantially the same format as distributed by the court. Also be aware court instructions are not a substitute for personal legal advice, and that an expansive or restrictive interpretation of law may change requirements dramatically.

Uniform Local Bankruptcy Rule 3 provides, in part, "(a) Duties Prior to Filing Petition and Schedules. Prior to filing the petition and schedules, the attorney for the debtor shall personally review them to determine and insure that: (1) The correct form has been used; (2) The petition has been completed and is accurate; (3) All state and federal exemptions available have been properly claimed with the correct statutory citations; (4) All of the debtor's assets and property have been accurately identified; (5) All lien creditors, their security interests and the collateral have been accurately described; (6) The debtor and the debtor's attorney have signed the petition at all appropriate places; and (7) A notice of alternative chapters under which an individual debtor(s) may proceed, has been properly executed by the debtor(s). It is to be filed with the bankruptcy petition in all individual cases. The official local form may be obtained from the clerk. (8) A schedule of current income and current expenditures has been included in the petition and schedules. 11 U.S.C. 521(1). This rule applies in all Texas bankruptcy cases.

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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