If you're suffering through a financial crisis, the first thing to do is understand your options. Chapter 7 bankruptcy can be confusing for Texas filers, especially in that Texas has some unique bankruptcy laws and exemptions. By the end of this article, you'll have a better grasp of both how to successfully file and how to discharge the most debt.
Research the Basics
In short, Chapter 7 bankruptcy is a liquidation. And by "liquidation" it has some downsides immediately: you stand to lose some assets. That makes filing correctly - and with legal help - very important. But first, in order to maximize the benefits, you have to understand the laws. For example, if you make more than the Texas median income, you may not be eligible for Chapter 7. On the other hand, if your income is lowering, you might still be eligible given several months time. Also, a Chapter 7 bankruptcy cannot discharge all debts, just the big ones for many of us. You can't discharge taxes, child support, alimony, and some luxury debts. For example, if you buy $1,000 in jewelry the day before you file, you would still owe that money. That is a brief overview, but not the complete story. The best resource for Texas Chapter 7 bankruptcy is a lawyer.
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Get the Right Legal Help
Who you hire is important. Hire someone with experience, with proof of helping others like you. Hire a lawyer with the time to actually help you. Hire someone can help you plan for a successful bankruptcy. You have many options in Texas, but not all lawyers are equally capable of helping you. If you are still unsure of how to hire a lawyer, focus on relevant experience, affordability, his or her ability to communicate with you, and how busy they are. Worst case, you hire the wrong one, but you fire him or her and try again.
File Correctly
If you are going to file bankruptcy, file correctly. Know your options. Know how much you stand to save. If your debt is minor, and your main problem is creditor harassment, it's much smarter to handle that matter outside of a bankruptcy. What debts are minor? Any debt you can pay for in a year or less is a debt you may consider simply paying on. First, you can negotiate with the creditor and set up a payment plan. Second, if you are experiencing creditor harassment, you do have rights, and you can stop this by writing a letter asking them to stop contacting you.
If, on the other hand, you have debts you simply cannot pay - say a $50,000 medical or credit card bill - filing Chapter 7 bankruptcy can be quite effective. Losing that much debt can change your life for the better.
Timing
Finally, you file at the correct time. If you file before a bill comes to you, you likely won't be able to pay it. Say you have that $50,000 bill coming in the mail. Until you get the bill, wait to file bankruptcy. Once you get it, you can honestly discharge it in a Chapter 7 bankruptcy. If you file too late, that can also be dangerous. File at the time where you stand to receive the most protection and benefits. Instead of waiting until a foreclosure notice comes in the mail or they're taking your car, start consulting with a lawyer early.
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