Top Bankruptcy Lawyers in El Paso, TX

El Paso, TX Bankruptcy FAQs

• Where do I file for bankruptcy in El Paso, Texas?

  You may file for bankruptcy at the United States Bankruptcy Court of the Western District of Texas, located at the R.E. Thomason Federal Building and United States Courthouse on 511 E. San Antonio Ave., Room 444, El Paso, Texas 79901.

• Where can I get bankruptcy forms in El Paso, Texas?

  You may get your bankruptcy forms at the official website of the United States Bankruptcy Court of the Western District of Texas, which can be accessed below: https://www.txwb.uscourts.gov/forms

• How common are bankruptcy filings in El Paso?

  In El Paso, there have been 632 bankruptcy filings so far in 2023. Of these, 267 were chapter 7 cases, 5 were chapter 11, and 360 were chapter 13. The El Paso office ranks second in the Western District of Texas for the number of bankruptcy filings in 2023, behind San Antonio.

• What debt collection practices are El Paso residents protected from?

  As per the Texas Debt Collection Act, debt collectors in El Paso are disallowed from engaging in practices such as using obscene or profane language, threatening debtors with criminal acts or violence, and falsely accusing them of crimes such as fraud. Debt collectors also must not harass debtors with anonymous or continuous calls, including collect calls where they refuse to disclose their company name.

• How must El Paso debtors respond when they are served papers for debt?

  When collection agencies in El Paso send a summons and petition as part of a lawsuit, the debtor receiving the papers typically has up to 20 days to respond. Under Texas law, the debtor may respond by filing an answer online or writing a letter to the court. If they fail to respond or appear in court, a default judgment may be granted against them.

• What is the means test in an El Paso bankruptcy?

  El Paso residents looking to file for bankruptcy must first pass the means test, in which all of their allowed expenses must be deducted from their total monthly income over the course of the next 60 months. If the result is less than $7,475, they qualify for chapter 7 bankruptcy. Meanwhile, debtors whose income is less than the median Texas income, which is $67,321 as of 2021, automatically pass the means test.

• What debts are dischargeable in an El Paso chapter 7 bankruptcy?

  Debts that are not dischargeable in chapter 7 bankruptcy in El Paso include: -Most tax debts, including income taxes, property taxes, and payroll taxes. -Debts arising from divorce or separation, such as alimony and child support. -Debts arising from a personal injury or wrongful death action in which the debtor was operating a vehicle while intoxicated. -Debts arising from fraud, embezzlement, or larceny.