How To File Bankruptcy for Free in Texas

How To File Chapter 7 Bankruptcy for Free in Texas

Bankruptcy has helped millions of people find their way out of debt and into a fresh start. And more good news is that thousands of people each year file Chapter 7 bankruptcy in Texas without hiring a lawyer. You may even be able to file for free using fee waivers and Upsolve’s online filing tool.

Upsolve’s free filing tool walks you through the process step by step. We’ve helped over 17,000 people wipe out over $700 million in credit card debt, medical bills, and other debt.

Check your eligibility now or read on to learn about the steps of the Chapter 7 filing process and what you can expect along the way.

Collect Your Texas Bankruptcy Documents

First, you’ll need to gather certain documents to prepare your case. This is true whether you’re using Upsolve’s free filing tool, handling your case on your own, or hiring an attorney.

These documents are required by the bankruptcy court or the trustee:

• Paystubs or a printout from your employer showing your gross pay, deductions, and take-home pay for the past 60 days.

• A recent bank statement

• Tax returns for the past two years

It can also be helpful to have these documents at hand when filling out your forms:

• Bills, collection letters, account statements, and documents from debt-collection lawsuits (if applicable)

• Bank statements for all your checking and savings accounts for up to six months

• Pay stubs for up to six months

• A recent credit report from one or more of the major credit bureaus (TransUnion, Experian, or Equifax)

💻 Tip: If you’re using the Upsolve web app, Upsolve will pull your credit report for you.

You’ll use these documents to fill out the bankruptcy forms accurately. The forms will ask about your income, expenses, debts, and assets. Essentially, they give the bankruptcy court a picture of your financial situation.

Take a Credit Counseling Course

Next, you have to complete a credit counseling course from a state-approved provider. 

🗓️ You need to take this course sometime in the 180 days (six months) before you file your bankruptcy case.

The course explains your debt relief options and can help you decide which is best for you. It is required for everyone, even if you’re filing with an attorney. 

Most providers offer the course online, by phone, or both. Some providers offer an in-person option as well. 

💰 The cost of the course usually ranges from $10 to $50. You can apply for a course fee waiver if you need it. Many filers qualify based on their income. 

When you finish the course, you’ll get a certificate. You need to file this certificate with the court when you file the rest of your bankruptcy forms. 

Complete the Bankruptcy Forms

There are a lot of required bankruptcy forms. They’re available for free as fillable PDFs online from the U.S. Courts website. The court website also has an official instruction guide that may be helpful if you’re filing on your own.

✨ If you’re using Upsolve’s app, you don’t need to find or download any forms. Instead, you’ll answer questions in the app, and Upsolve will use the information to prepare your bankruptcy petition (aka paperwork) for you. 

If you’re working with a bankruptcy attorney, you’ll usually fill out a detailed questionnaire. Your lawyer’s office will use the information and documents you provide to complete your bankruptcy forms.

Get Your Filing Fee

The filing fee for a Chapter 7 bankruptcy is $338. But many Chapter 7 filers qualify for a fee waiver. If you’re trying to get the fee waived, be sure to submit the fee waiver application when you file your bankruptcy papers with the court. 

👇 Fee waiver eligibility is based on income. Check the Texas Fee Waiver Eligibility table below to see if you qualify.

If you're in a rush to file, you can apply to pay the court filing fee in installments instead of all at once. This may be a good option for those facing wage garnishment or car repossession. As soon as you file, a powerful protection called the automatic stay begins. This protects your bank accounts and property from debt collectors while your case is in progress.

But be careful: If you miss a payment, the court can dismiss your case. That’s why many people try to save up the full fee before they file, if they can.

Print Your Bankruptcy Forms

When you’re ready to file your case, print your completed bankruptcy forms on regular, letter-size (8.5 by 11 inches) white paper. Sign your forms using blue or black ink, in every place where a signature is required. 

⚠️ Don’t print double-sided, use colored ink, or staple any of your forms together. 

If you’re using Upsolve’s free filing app, we’ll send you a packet with your completed forms. This includes dividers that flag each signature page.

File Your Forms With the Texas Bankruptcy Court

Filing your forms at the courthouse is a big step! Before you can file, you’ll need to know which court to file your case in and how you’re allowed to file it. This varies by district in Texas, which has four different districts. Every district allows you to file in person at the courthouse. 

We cover additional filing options by district later in this article.

Mail Documents to Your Trustee

After you file your Chapter 7 case, the bankruptcy court will automatically assign it to a bankruptcy trustee. 

If you file your case in person, the court clerk will give you a notice telling you your trustee’s name and contact information when you file your forms. If you file by mail, the court will send this notice to you via mail.

The trustee’s job is to review your bankruptcy forms to be sure they’re complete and to verify that the information is accurate. To do that, they’ll require that you send them:

• A bank statement that includes the date you filed your bankruptcy case 

• Pay information or pay stubs (sometimes called “pay advices”) for the 60 days before the date you filed your case 

• Your two most recently filed federal income tax returns

⏱️ You must send these documents to your case trustee at least seven days before your 341 meeting (more about that a little later in this guide).

Some trustees also request additional documents. If your trustee needs more information, they’ll usually send a letter requesting it and explaining where to send it. Be sure to follow the trustee’s instructions or your case can be delayed.

Take the Required Debtor Education Course

After you file your case, you’ll need to take a second required class called a debtor education course. It’s also referred to as the financial management course because it teaches basic money management so you can make the most of your fresh start.

You must take the course from a state-approved provider. Most providers offer the course by phone, online, or both. 

You must complete the course within 60 days of your 341 meeting. Most people do it right after filing so they can get it out of the way.

📄 After you complete the course, you'll receive a certificate of completion. The court needs a copy of this certificate. Some course providers will file it with the court for you, but others may require that you file it yourself.

Attend Your 341 Meeting

At this point you’re close to the finish line! But first you’ll have to attend a meeting called the 341 meeting or meeting of creditors. The meeting is overseen by your bankruptcy trustee, not a judge. It won’t take place in a courtroom. In fact, most are held virtually these days. You’ll receive a notice from the court with your meeting’s date, time and location.

At your 341 meeting, you’ll meet with your trustee, confirm your identity, and take an oath that the information in your bankruptcy forms is true and correct to the best of your knowledge. The meeting is also a chance for the trustee to clear up any questions they might have about your case.

👥 Creditors are allowed to attend this meeting, but they rarely do.

Be sure to have a valid photo ID and proof of your Social Security number with you to the meeting. The trustee will use it to verify your identity. It may also help to bring a copy of your bankruptcy forms with you in case the trustee has any questions.

⌛ 341 meetings in Chapter 7 cases usually take less than 10 minutes, although you may have to wait for your case to be called. After the meeting, the court will usually grant your discharge within 60–90 days.

Deal With Your Car

In many places in Texas, a car or truck is essential. The good news is that you have options to keep your vehicle even if you file for bankruptcy.

If you have a loan on the car and you want to keep it, you can either reaffirm the loan or redeem the car for its current fair market value. Here’s what each means:

• Reaffirming the loan means you agree to keep paying on the loan as usual. To do this, you usually have to be current with your payments. Many lenders will also require you to sign a reaffirmation agreement.

• Redeeming the loan means you agree to pay the lender the fair market value of the loan in one lump sum. After you do, you own the car free and clear. This can be helpful if you’re underwater on the loan but want to keep the car.

If you own the car free and clear and want to hang onto it, you’ll first need to know your car’s current fair market value. You can check that on a site like Kelley Blue Book or Edmunds. Then see if this amount is covered by Texas’s personal property exemption. In Texas, this is quite generous! There’s a $50,000 exemption (for single filers) for all personal property, including a vehicle.

If you’re leasing your car, learn about your options in our guide to leasing during bankruptcy.

Texas Bankruptcy Means Test

Not everyone can file for bankruptcy. You have to meet certain income requirements.

To see if you qualify, you’ll use something called a means test. It’s called a means test because the court wants to see if you have the means, or ability, to repay any of your debt. 

If you make less than the median income for a household of your size in Texas, you pass the means test and qualify to file Chapter 7.

If your income is higher, it doesn’t mean you don’t qualify. It just means you’ll need to complete the next part of the test. The second part of the test accounts for your expenses. It can get complicated, so it’s usually best to speak with a bankruptcy attorney if this applies to you. Upsolve can connect you with a local attorney for a free consultation.

If you make too much money to qualify for Chapter 7, you may still be eligible for Chapter 13 bankruptcy. Chapter 13 allows you to repay your debts and catch up on secured debts like a mortgage or car loan with a 3–5-year repayment plan. It’s important to be aware of the pitfalls of filing for Chapter 13 though.

Data on Median Income Levels for Texas

Data on Poverty Levels for Texas

Texas Districts & Filing Requirements

Texas is home to four federal judicial districts, each with its own separate bankruptcy court system. The county you live in determines which district handles your bankruptcy case. Each district has its own local rules, forms, and requirements for filers as explained in the following sections.

Eastern District of Texas Requirements

The Eastern District of Texas Bankruptcy Court serves 43 counties in the eastern part of the state. 

The district is further divided into six divisions: 

The Bankruptcy Court has three primary locations: 

• Beaumont, which serves the Beaumont and Lufkin divisions.

• Plano, which serves the Sherman and Texarkana divisions.

• Tyler, which serves the Marshall and Tyler divisions. 

The court occasionally holds hearings in secondary locations, but there is no bankruptcy court staff at these locations.

Local Rules & Requirements: Eastern District

Some noteworthy requirements from the Eastern District’s local rules include:

• On the bankruptcy forms where you list creditors (Schedules D and E/F), your creditors must be listed in alphabetical order.

• You must send a copy of your valid, government-issued photo ID, enlarged to 150% of actual size, to your case trustee along with your other documents at least seven days before your 341 meeting. 

• You must create a creditor matrix and file it along with your other bankruptcy forms. A creditor matrix is a list of all your creditors’ names, in alphabetical order, and their mailing addresses. You must use the court’s specific formatting requirements. You must complete and sign a Verification of Matrix form and attach it as the last page of your creditor matrix.

The Eastern District has the following additional local requirements:

• Filing methods: You can file online, in person, or by mail.

  • The preferred filing method in this district is through its unique Electronic Self-Representation (eSR) portal. The court’s site provides detailed information about how to use eSR. 

• Installment payments: If you’re paying your filing fee in installments, you must submit an initial payment of at least $75 when you file your bankruptcy forms. 

• Payment methods: The court accepts cashier’s checks or money orders made payable to “Clerk, U.S. Bankruptcy Court.” The court also accepts cash payments.

• The court’s website has basic guidance to help debtors who are filing pro se (without a lawyer).

Northern District of Texas Requirements

The Northern District of Texas Bankruptcy Court serves 100 counties in northern and central Texas. The district is further divided into seven divisions: Abilene, Amarillo, Dallas, Fort Worth, Lubbock, San Angelo, and Wichita Falls. To figure out which court serves your county, check the Northern District’s website.

The Bankruptcy Court has four primary locations: 

• Amarillo, which serves the Amarillo Division.

• Dallas, which serves the Dallas and Wichita Falls divisions.

• Fort Worth, which serves the Fort Worth Division.

• Lubbock, which serves the Abilene, Lubbock, and San Angelo divisions. 

The court occasionally holds hearings in secondary locations, but there is no bankruptcy court staff at these locations.

Local Rules & Requirements: Northern District

Some noteworthy requirements from the Northern District’s local rules include:

• You must bring a copy of your Social Security card and a valid photo ID issued by the state of Texas with you and present it to the clerk when you file your bankruptcy forms. 

  • If you’re filing by mail, include copies of these documents with your forms.

• You must create a creditor matrix and file it along with your other bankruptcy forms. A creditor matrix is a list of all your creditors’ names and mailing addresses, in alphabetical order. You must use the court’s specific formatting requirements. 

  • You must complete and sign a Verification of Matrix form and attach it as the last page of your creditor matrix.

The Northern District has the following additional local requirements:

• Filing methods: You may file your forms in person or by mail.

• Installment payments: If you’re paying your filing fee in installments, you must submit an initial payment of at least $50 when you file your bankruptcy forms. You must complete all payments within three months after you file your case. 

• Payment methods: The court accepts cashier’s checks or money orders made payable to “Clerk, U.S. Bankruptcy Court.” The court also accepts cash. 

• The court's website has basic guidance for pro se filers.

Southern District of Texas Requirements

The Southern District of Texas Bankruptcy Court serves 43 counties in central and western Texas. The district is further divided into seven divisions, with court locations in each division: Brownsville, Corpus Christi, Galveston, Houston, Laredo, McAllen, and Victoria. 

Local Rules & Requirements: Southern District

Some noteworthy requirements from the Southern District’s local rules include:

• On the bankruptcy forms where you list creditors (Schedules D and E/F), your creditors must be listed in alphabetical order. 

• You must bring a copy of your valid, government-issued photo ID with you and present it to the clerk when you file your bankruptcy forms. 

  • If you're filing by mail, include a copy with your forms. 

• You must send bank statements for the 60 days before you filed your case, as well as the statement that covers the date of filing, to your trustee. 

  • You must send your documents to your trustee at least 10 days before your 341 meeting (instead of seven days before). 

  • If you don’t get pay stubs, you must complete a declaration form and send it to your trustee along with your other documents.

• You must create a creditor matrix and file it along with your other bankruptcy forms. 

  • A creditor matrix is a list of all your creditors’ names and mailing addresses, in alphabetical order. You must use the court’s specific formatting requirements. 

The Southern District has the following local requirements:

• Filing methods: You may file your forms in person or by mail.

• Installment payments: This district’s local rules don’t specify any minimum payment amount at the time you file your bankruptcy forms.

• Payment methods: The court accepts cashier’s checks or money orders made payable to “Clerk, U.S. Bankruptcy Court.” The court also accepts cash. 

• The court's website has some guidance to help pro se filers.

Western District of Texas Requirements

The Western District of Texas Bankruptcy Court serves 68 counties in central and western Texas. The district is divided into five divisions: Austin, El Paso, Midland, San Antonio, and Waco. The court has staffed locations in each division except Midland. Midland cases are handled at the Austin office.

Local Rules & Requirements: Western District

Some noteworthy requirements from the Western District’s local rules include:

• You must bring (or mail) one original and one copy of the bankruptcy forms you file with the court.

  • The court has detailed filing requirements for your forms.

• You must complete a Pro Se Questionnaire and file it along with your other forms.

• You must create a creditor matrix and file it along with your other bankruptcy forms. 

  • A creditor matrix is a list of all your creditors’ names and mailing addresses, in alphabetical order. You must use the court’s specific formatting requirements. 

  • You must complete and sign a Verification of Matrix form and attach it as the last page of your creditor matrix.

The Western District has the following local requirements:

• Filing methods: You may file your forms in person or by mail.

• Installment payments: If you’re paying your filing fee in installments, you must pay at least 50% of the filing fee ($169) within seven days after the date you file your bankruptcy forms. 

• Payment methods: The court accepts cashier’s checks or money orders made payable to “Clerk, U.S. Bankruptcy Court.” The clerk’s office in the San Antonio division accepts cash, but you must have exact change. Cash isn’t accepted at the Austin, El Paso, or Waco offices.

• The court provides basic guidance for pro se filers

Texas Bankruptcy Exemptions

In bankruptcy, you can use exemptions to protect all or some of your property. If property is exempt, the trustee can’t sell it to pay your debts. 

📚 Exemptions can be used to help protect everything from your car, home, and personal property to your retirement accounts.

If you’ve lived in Texas for at least the past two years, you can choose to use either the federal exemptions or the Texas state exemptions. 

📅 If you’ve lived in Texas for less than two years before you file your bankruptcy case, you must use the federal exemptions.

Should You Use State or Federal Exemptions?

Most filers choose whichever set best protects the property that’s most important to them. You must choose one set of exemptions or the other, though — you can’t mix and match.

Here’s a quick comparison of the most popular exemptions and how Texas’s exemptions compare to federal exemptions:

Texas Bankruptcy Lawyer Cost

You don’t have to hire an attorney to file Chapter 7 successfully in Texas, but sometimes an attorney can be helpful. This is especially true if you own a home or if you want to see whether Chapter 7 or Chapter 13 is a better fit for you.

If you decide to hire a bankruptcy attorney to handle your case, you’ll probably be charged a flat rate for their services. The average rate for a Chapter 7 bankruptcy lawyer in Texas ranges from $975 to $2,000. The fee will depend on the lawyer’s expertise and the complexity of the case. 

A lawyer’s fee is an important consideration, especially in a Chapter 7 case, but it shouldn’t be the only factor when choosing a lawyer for your case. Most bankruptcy attorneys offer free consultations where you can get some legal advice and see if you’d work well with the attorney.

Texas Legal Aid Organizations

If you don’t feel confident about navigating the Texas bankruptcy process on your own, but you can’t afford to hire a bankruptcy attorney, a Texas legal aid program may be able to help. These organizations are located throughout Texas. They typically provide low-cost or free legal services to qualified Texans.

Texas Court Locations

Texas Judges

Texas Trustees