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Dallas Bankruptcy Lawyer Services for all Texas

Do I Really Need a Bankruptcy Attorney to File Bankruptcy in Texas?

The skillful attorneys at Fears Nachawati Law Firm know that filing a personal bankruptcy can reduce your debt burden and protect you from aggressive creditors. But due to significant Congressional changes in the U.S. Bankruptcy Code in 2005, the process of filing and receiving a discharge has gotten increasingly more complex.

It is possible for debtors to file bankruptcy without the aid of an Texas bankruptcy attorney, but it is highly inadvisable. Many debtors who file “Pro Se” run the risk of losing assets by failing to exempt their property adequately.

In fact, the U.S. Bankruptcy Court in the Northern District of Texas offers this stern advice to debtors choosing to represent themselves: “Pro Se Debtors are expected to adhere to the bankruptcy code and rules, the Court’s local rules and procedures and all the applicable clerk’s office and Court imposed deadlines. Failure to do so may result in your case being dismissed.”

Before you make the critical decision to file bankruptcy paperwork on your own, it costs you nothing to receive an initial case evaluation from a bankruptcy lawyer at our firm. You can discuss your concerns about your financial situation and one of our attorneys can offer you legal remedies specifically tailored to your needs.

Significant Changes in the Bankruptcy Code

Part of a bankruptcy attorney’s job is to keep up with laws that could affect a debtor’s ability to file bankruptcy, such as the Bankruptcy Reform Act of 2005. Passed primarily to crack down on “serial” filers, this act made filing for bankruptcy more difficult.

One of the most significant changes included the addition of Means Testing. For a debtor whose monthly income is higher than his/her county’s median household income, the test must be performed. Debtors with expenses that do not adequately offset their disposable income based on IRS local standards, would be prevented from filing for Chapter 7, but given the option to file for Chapter 13.

A bankruptcy attorney at Fears Nachawati Law Firm can take your financial information and determine whether you qualify for Chapter 7, or have enough disposable income to make payments on a Chapter 13 plan after allowed expenses and required debt payments.

  • Mandatory Credit Counseling – under the 2005 law, a debtor must now undergo credit counseling with a U.S. Trustee Office-approved credit counseling agency. He/she must present a certificate of completion to the Court before filing for bankruptcy. The debtor must also complete a “financial management education program” after his Petition has been filed, but before his debts are discharged.

Dallas Bankruptcy Lawyer Services, Offering Skillful Representation

The lawyers at Fears Nachawati Law Firm are skilled at what they do. They provide competent and thorough legal representation to each client. Our attorneys understand all aspects of the Bankruptcy Code and are eminently prepared to represent you in a Chapter 7, 13 or Chapter 11 bankruptcy case.

In all bankruptcy matters, our trusted bankruptcy attorneys will:

  • Present you with legal options to help you make the best possible decisions about your financial future
  • Prepare and file your bankruptcy Petition in a professional and timely manner
  • Prepare a Ch. 13 repayment plan to be filed in Court with your Petition
  • Protect your legal rights, attend all hearings, and negotiate or litigate on your behalf
  • Make sure repayment plans in a Ch. 13 filing are proposed properly to avoid a case dismissal
  • Protect your financial assets by listing all allowable state or federal property exemptions

A Texas bankruptcy attorney understands the complexities involved in the filing process and can help you avoid making costly mistakes or the dismissal of your case. Call Fears Nachawati Law Firm at if you are ready to start the filing process.