Texas Chapter 7 Debtors Duties and Responsibilities

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Texas
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TX-515
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Chapter 7 Debtors Duties and Responsibilities
Texas Chapter 7 Debtors Duties and Responsibilities can be divided into two categories: pre-bankruptcy and post-bankruptcy. Pre-bankruptcy Duties and Responsibilities: 1. Attend a credit counseling session within 180 days of filing: In Texas, debtors must attend a credit counseling session with an approved provider prior to filing for bankruptcy. 2. Complete a Means Test: Debtors must complete a Means Test to determine their eligibility to file for Chapter 7 bankruptcy, and submit the results to the court. 3. Obtain and submit a Certificate of Credit Counseling: Debtors must submit proof of attending a credit counseling session to the court. 4. File all necessary forms and schedules: Debtors must fill out and submit all necessary forms and schedules, including a “Statement of Financial Affairs” and a “Statement of Intention for Individuals Filing Under Chapter 7”. Post-bankruptcy Duties and Responsibilities: 1. Attend a Debtor Education Course: Once the bankruptcy is filed, debtors must attend a debtor education course with an approved provider. 2. Cooperate with the Bankruptcy Trustee: Debtors must cooperate with the bankruptcy trustee throughout the process, including providing all necessary documentation and attending all meetings. 3. Submit Final Discharge Documents: Once the bankruptcy is complete, debtors must submit the final discharge documents to the court. 4. Make payments on loans or debts not discharged: Debtors must make payments on any loans or debts not discharged through the bankruptcy.

Texas Chapter 7 Debtors Duties and Responsibilities can be divided into two categories: pre-bankruptcy and post-bankruptcy. Pre-bankruptcy Duties and Responsibilities: 1. Attend a credit counseling session within 180 days of filing: In Texas, debtors must attend a credit counseling session with an approved provider prior to filing for bankruptcy. 2. Complete a Means Test: Debtors must complete a Means Test to determine their eligibility to file for Chapter 7 bankruptcy, and submit the results to the court. 3. Obtain and submit a Certificate of Credit Counseling: Debtors must submit proof of attending a credit counseling session to the court. 4. File all necessary forms and schedules: Debtors must fill out and submit all necessary forms and schedules, including a “Statement of Financial Affairs” and a “Statement of Intention for Individuals Filing Under Chapter 7”. Post-bankruptcy Duties and Responsibilities: 1. Attend a Debtor Education Course: Once the bankruptcy is filed, debtors must attend a debtor education course with an approved provider. 2. Cooperate with the Bankruptcy Trustee: Debtors must cooperate with the bankruptcy trustee throughout the process, including providing all necessary documentation and attending all meetings. 3. Submit Final Discharge Documents: Once the bankruptcy is complete, debtors must submit the final discharge documents to the court. 4. Make payments on loans or debts not discharged: Debtors must make payments on any loans or debts not discharged through the bankruptcy.

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FAQ

The main cons to Chapter 7 bankruptcy are that most unsecured debts won't be erased, you may lose nonexempt property, and your credit score will likely take a temporary hit. While a successful bankruptcy filing can give you a fresh start, it's important to do your research before deciding what's right for you.

Most debts are discharged under a Chapter 7 bankruptcy. The discharge of debt will release the debtor from any personal liability for payment. Once a deficit is discharged under Chapter 7, the creditor may no longer seek future restitution from the creditor.

There are no debt limits for Chapter 7 cases, and this form of bankruptcy may allow all unsecured debts to be completely eliminated. However, a debtor will likely need to turn over certain non-exempt assets to the bankruptcy trustee, who will liquidate these assets and make payments to creditors.

Most consumer debt is dischargeable in bankruptcy. Chapter 7 bankruptcy wipes out medical bills, personal loans, credit card debt, and most other unsecured debt.

Liquidation under Chapter 7 is a common form of bankruptcy. It is available to individuals who cannot make regular, monthly, payments toward their debts. Businesses choosing to terminate their enterprises may also file Chapter 7.

Q 3.4 What are the debtor's immediate duties? To obtain relief under the Bankruptcy Code, a debtor must initially do three things, in this order: (1) obtain a pre-petition credit counseling briefing; (2) file a petition that comports with Official Form 1; and (3) pay the filing fee.

The Chapter 7 Discharge. A discharge releases individual debtors from personal liability for most debts and prevents the creditors owed those debts from taking any collection actions against the debtor.

The primary role of a chapter 7 trustee in an asset case is to liquidate the debtor's nonexempt assets in a manner that maximizes the return to the debtor's unsecured creditors.

More info

In bankruptcy, you're faced with a laundry list of duties. Ignore them at your peril.Complete an approved debtor education course and provide the certificate of attendance to your attorney for filing. "Collecting property of the estate is a Chapter 7 trustee's first duty. The debtor must cooperate with the trustee in that pursuit. The trustee's duty is to the creditors as a whole. Responsibility. UNLESS THE COURT ORDERS OTHERWISE: I. Before the case is filed, the attorney for the chapter 7 debtor shall, at a minimum:. These payments start the month of the case filing. In a Chapter 7 bankruptcy, the assets of a business are liquidated to pay its creditors, with secured debts taking precedence over unsecured debts. Because the duties of the Chapter 13 trustee are more limited, a single standing trustee will often serve an entire judicial district.

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Texas Chapter 7 Debtors Duties and Responsibilities