How Do You File for Bankruptcy?

 Posted on April 30, 2025 in Bankruptcy

Can you file for bankruptcy by simply yelling out that you declare bankruptcy? Famous fictional boss Michael Scott from the hit television show The Office thought so, yelling "I declare bankruptcy" loudly in his attempt to find some relief from pressing financial troubles. Although most of us who face similar financial issues will not assume the process is as simple as he did, many people may be wondering how you go about filing for bankruptcy.

Bankruptcy is a formal legal process that takes place in special bankruptcy courts and has financial and legal implications. Read on to learn about how to file for bankruptcy, but be sure to speak with an experienced Brazoria, TX bankruptcy attorney who can answer your questions, present your options, and file for bankruptcy on your behalf.

What is Bankruptcy?

Bankruptcy is a process enshrined in law that allows debtors to get a financial fresh start if they are unable to pay back their debts. It also allows creditors to get repaid, generally to the extent you have money for repayment. There are several different types of bankruptcy, most notably Chapter 7 and Chapter 13. The kind of debt that can be discharged (erased), how, and other details of bankruptcy law vary greatly depending on the bankruptcy chapter a debtor files.

How Do You File for Bankruptcy in Texas?

To file for bankruptcy, you (or more likely your attorney) will file a bankruptcy petition in the appropriate court. Before you file for bankruptcy, you should strategize with your attorney to decide on the best type of bankruptcy to file for your needs and prepare your bankruptcy petition.  A bankruptcy petition is essentially a form in which you will share a great deal of information including the type of bankruptcy you are filing, financial information about your debts, assets and liabilities, and personal identifying information such as your name and address. You must also complete a credit counseling course from an approved provider within 180 days before filing for bankruptcy.

What Happens After You File for Bankruptcy?

After you file your bankruptcy petition, the automatic stay comes into place, temporarily halting any creditor actions and debt collection actions against you. The court informs your creditors of the bankruptcy proceeding, and from there the process varies depending on whether you have filed for Chapter 7 or Chapter 13.

Call a Brazoria, TX Bankruptcy Attorney 

If you face mounting debt and financial troubles, bankruptcy could be an option for you to start fresh and get those debts under control or fully discharged. The experienced Galveston, TX bankruptcy attorney at The Fealy Law Firm, PC represents clients with dedication and reliability. Attorney Vicky Fealy can explain how the bankruptcy process works, how you file for bankruptcy, and what happens when you do. Call the office at 713-526-5220 for a free consultation to get the process started.