How to File for Bankruptcy in Amarillo, Texas
If you are drowning in debt, bankruptcy may be your best option. Texas follows federal bankruptcy rules and procedures. If you live in Amarillo, you must file for bankruptcy with the Northern District court. Consider bankruptcy an absolute last resort, as bankruptcies stay on your credit report, limiting your financial freedom for up to 10 years.
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Instructions
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Complete credit counseling. You must use a government-approved credit counseling service and complete this requirement prior to filing your petition for bankruptcy with the Northern District Texas Bankruptcy Court. The U.S. Department of Justice maintains a list of approved credit-counseling resources for each state on its website.
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Hire an attorney if you want professional help with your bankruptcy case. Texas law does not require you to have an attorney, but court clerks and other court employees cannot aid you in filling out needed paperwork.
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Download the petition for bankruptcy and schedules from the Texas Northern District Bankruptcy Court website. Alternately, request copies of the paperwork in person at the district court, or request information on further alternatives by phone. Print the paperwork and fill it out using a black or blue pen.
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Complete the petition. If you and your spouse are filing jointly for bankruptcy, include her name and Social Security number on the first page of the petition. Indicate whether you intend to file for Chapter 7 or Chapter 13 bankruptcy. Chapter 7 bankruptcy requires you to liquidate all your assets to pay off your debts, with the possible exception of your house and car, while Chapter 13 requires you to set up a structured repayment plan to resolve your debts. On the third page, make sure to check the box next to Exhibit D. If you have an attorney, she must also sign a statement on this page. Provide information about the nature of your debts on page 4 and sign the petition. If you are filing jointly, both spouses must sign.
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Sign Exhibit D, stating that you obtained credit counseling within the 180 days prior to filing for bankruptcy
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Fill out paperwork requesting you pay the filing fee in installments if you cannot pay it all at once. As of 2010, the filing fee for Chapter 7 bankruptcy is $299 and the filing fee for Chapter 13 bankruptcy is $274. If you cannot pay the fee at all and your income is at 150 percent of the poverty level, you may apply for a waiver of the fee instead.
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Complete schedules A through J, which report your income, assets and debts. List all financial information on these schedules. Complete the summary sheet if you primarily owe consumer debt. Put your name at the top of each schedule but leave the case number blank. Sign schedules if required to do so.
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Complete a statement of financial affairs. All debtors must respond to questions 1 through 18 on this sheet. Debtors who own a business must also respond to questions 19 through 25. Joint filers may fill out one statement listing both partners' financial affairs. Sign and date this form.
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Complete a statement of intention and calculation of means test if filing Chapter 7. These forms list your property and what you intend to do with it as well as checking whether you qualify for Chapter 8 bankruptcy.
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Attend a course in financial management and fill out the proof of attendance form. You must use a government-approved course. This is different than the credit counseling you attended earlier.
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List all the documents in your petition package on the declaration and signature of non-attorney bankruptcy petition preparer.
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Create a typed mailing list of all your creditors. Attach it to your petition and schedules along with the verification of mailing list form.
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Sign the certification of notice to consumer debtors.
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Make a copy of all your paperwork. Bring your originals to the Northern District Texas Bankruptcy Court. Pay the fee unless you are requesting a waiver when you file the paperwork.
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Check your mail for the court's response. The court will appoint a bankruptcy trustee and schedule a meeting with creditors. Send copies of your most recent tax return and pay stubs to your trustee as well as to any creditors who request them prior to attending the meeting.
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Attend the meeting. Answer any questions your trustee asks you. After the meeting, wait for the court's response in the mail. If you file for Chapter 7, you will get a letter of discharge stating your debts have been discharged. If you file for Chapter 13, you will receive approval for your restructured payment plan. Make all payments on time to discharge your debt.
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