Texas allows non-judicial foreclosure in as few as 21 days. When a sale date is imminent, an emergency bankruptcy filing can stop it immediately. Here is how it works in the Western District of Texas.
File Official Form 101, a creditor matrix, and your credit counseling certificate. The W.D. Tex. at 615 E Houston St accepts electronic filings 24/7.
The automatic stay takes effect instantly. Foreclosure, repossession, and all collection activity must stop.
File your full schedules, means test, statement of financial affairs, and all remaining documents within 14 days.
Even in an emergency filing, Texas's unlimited homestead exemption protects your home's equity (up to 10 acres urban / 100 acres rural). This means a Chapter 7 trustee cannot sell your home to pay creditors, regardless of how much equity you have.
If you had a bankruptcy case dismissed within the past year, the automatic stay from an emergency filing only lasts 30 days (section 362(c)(3)). Two or more prior dismissals means no stay at all without a court order. Given Texas's fast foreclosure timeline, this is critical to understand.
Texas has no state income tax, which means your means test calculation uses federal taxes only. This can affect your disposable income calculation.
A bare-bones petition filed with minimal documents to activate the automatic stay immediately. You have 14 days to complete the rest of the paperwork.
Yes. The automatic stay halts all foreclosure proceedings instantly. Texas non-judicial foreclosure can happen in ~21 days, making emergency filings especially important for San Antonio homeowners.
The court dismisses your case. In Texas, where non-judicial foreclosure can restart quickly, this is especially dangerous. Work with an attorney to ensure all documents are filed on time.
Filing fees: $338 for Chapter 7, $313 for Chapter 13. Fee waivers are available for those who qualify. Attorney fees are additional.