Legal Question in Bankruptcy in Texas

Can I file from another stat?

I am thinking about claiming bankruptcy, I am a resident of Texas however I am living in New Mexico at the time. Is it possable to file from New Mexico or do I have to go back to Texas? Also I wanted to know if it will be possable to keep my car as long as I keep paying on it, and if I have to get an attorney or if I can do it myself?


Asked on 2/12/04, 9:55 am

1 Answer from Attorneys
Jeffrey Goldberg Goldberg Law Firm

Re: Can I file from another stat?

A person is eligible to file in New Mexico if he or she has resided in NM for 6 months, or the greater part of the 6 month period, prior to the date of filing.

If you are filing a Chapter 7 case, you ordinarily can keep the vehicle if it is current on the date when you filed, and you keep the loan current. If you are filing a Chapter 13, you can ordinarily keep the vehicle even if you are behind on the payments as long as your plan properly calls for the payment of the car lender.

It is possible to file bankruptcy without an attorney but the paperwork and procedures can be complicated (especially in a chapter 13). Also, in some cases an error can have disastrous effect and therefore it is a good idea to have an attorney who understands the problems and pitfalls and can help you avoid them.

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Answered on 2/12/04, 12:58 pm


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