If you are a debtor, your signature on the petition and statements and schedules constitutes an oath that the information is accurate and complete. The Bankruptcy Code provides serious penalties for false statements (see section 727(a)(4)(A). Title 18 of the United States Code (Crimes and Criminal Procedure) section 152 also makes it a crime to knowingly and fraudulently omit property, make a false oath or account, or make a false declaration or verification. If you are a creditor U.S.C. section 152 makes it a crime to knowingly and fraudulently present a false claim.

Bankruptcy cases in the Eastern District of Texas must be filed with the Office of the Bankruptcy Clerk. The Clerk has divisional office locations in Beaumont, Plano, and Tyler. Directions to the divisional offices are available by accessing Locations section of this web site. Each of the three offices is open from 8:00 a.m. to 4:00 p.m. Monday through Friday except federal holidays. In most cases, the appropriate divisional office for your case may be determined by locating, in the information provided on the Divisions and Offices Page, the county of your residence for the greater portion of the preceding 180 days. The counties and divisions that comprise the Eastern District of Texas are codified in 28 U.S.C. §124. They are also listed in Appendix 1001-h (External Operating Procedures - Clerk’s Office) to the Local Rules located elsewhere on this web site.

If an individual seeking Chapter 7 relief cannot afford to pay the filing fee in full or in installments, a waiver of the filing fee may be sought by the filing of an application in accordance with Official Form B 103B. A judge will decide whether a waiver is authorized. A filing fee waiver can only be granted if your income is less than 150% of the official poverty line applicable to your family size and you are unable to pay the filing fee in installments.

Individual Chapter 7 debtors are eligible to receive a Chapter 7 discharge at the expiration of the period for a party to file a complaint objecting to the entry of such a discharge. Such complaint must be filed no later than 60 days following the first date set for the first meeting of creditors (generally speaking, about 120 days after the filing of the case) however, the period may be extended by the Court for cause on the motion of any party in interest and after hearing on notice. At the end of the 60-day period or as may be extended by the Court beyond such date, the Court will issue an order granting the debtor a discharge unless: the debtor is not an individual, a complaint objecting to the discharge has been filed, the debtor has filed a waiver of discharge under §727(a)(10), or a motion to dismiss pursuant to §707(b) is pending. For all individuals filing for Chapter 7 relief on or after October 17, 2005, completion of an instructional course in personal financial management is also required. The entry of a discharge order, however, does not preclude the Court from subsequently determining the dischargeability of a particular debt if a creditor has timely requested such a determination. For Chapter 13 debtors, the Court grants the discharge as soon as practicable after the debtor completes all payments under a confirmed Chapter 13 plan and creditors have been given an opportunity to object.