Texas Bankruptcy Process
The first step in the process of filing for bankruptcy in Texas is deciding which chapter, 7 or 13, is right for you. For more information on chapter 7 vs chapter 13 and which is the best for you, read more here.
Once you have decided which is the best chapter to file under you can proceed with the process, gathering paperwork.
Gathering Paperwork
To begin the bankruptcy process you must provide certain information and documentation to our law firm so that we can draft your legal bankruptcy paperwork. Generally, we will need the following documentation:
- the last two year’s tax returns
- last six months bank statements for all bank accounts
- proof of income for the last six months
- a list of all major financial transactions for the last two years
- a list of your current monthly living expenses
- a list of all your debts, both secured and unsecured
- a list of all your assets and possessions, not just real estate.
Once you have provided all the required information to our firm, the next step is the Means test.
Why Choose The Ciment Law Firm, PLLC?
- Free Consultation – Find out which debt resolution option is best for you during a free consultation.
- Positively Reviewed – Our firm has numerous positive reviews on Google, Avvo, and other websites.
- Options for All Needs – From bankruptcy protection to judgment lien releases and student loan assistance, our firm provides ample options to resolve your debts.
- Experience on Both Sides of the Field – Daniel Ciment started his career at a debt collection law firm and now protects those in debt. His experience on both sides allows him to find solutions for his clients.
- Compassionate and Transparent – Patient and knowledgeable, the team is available to answer all questions and explain the process so that clients can reach their desired outcome.
- Six Office Locations – Schedule your appointment at an office in Katy,
Cloud Title On Homestead
You must have a clear title when refinancing or selling a home, which is why an abstract of judgment is problematic. The judgment lien creates a title defect or a cloud on the title. This means that there is an unresolved issue that must be addressed before making any real estate transactions. Title companies enforce the lien as a way to protect themselves in case the home isn’t eligible for homestead exemption because it’s not your primary residence. If a title company allows the transaction to proceed and the property isn’t your homestead, it has to pay the judgment. Fortunately, a Texas judgment lien release lawyer can remedy this issue.
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Getting A Full Release
In some instances, you have to get a full judgment lien release. This completely releases the judgment, so it isn’t attached to you or your property. There are normally two options for obtaining a full release. First, you can pay the judgment in full. If you don’t have the means to do that, your Texas judgment lien release attorney might be able to negotiate a settlement. If the creditor accepts the settlement, you will receive a full release once it’s paid. Without taking action, the judgment will remain valid for 10 years. It’s important to contact a judgment lien release attorney to go over your options if you need a full release.
Proof Of Homestead
Judgment creditors often require proof of homestead before signing a partial lien release. Your Texas judgment lien release attorney will help you provide the necessary documents. You might need to submit an affidavit that states that the property is your homestead. The creditor also might require a tax certificate that proves you’ve filed for homestead exemption. In addition, the creditor might ask for affidavits from others that state that the property is your homestead, and you live there. In some cases, the creditor can even require the escrow agent to examine the property to ensure it’s your homestead. Due to the complexity of proving homestead, it’s a good idea to get help from a Texas judgment lien release attorney.
