Texas Bankruptcy Lawyers

If the phone won't stop ringing, your paycheck is being garnished, or a lawsuit just landed in your mailbox, here is what you most need to hear: this can stop, and it can stop fast. The moment a bankruptcy case is filed, federal law puts an automatic stay in place that halts most collection calls, lawsuits, and wage garnishment. An experienced Texas bankruptcy lawyer can look at your situation, tell you whether bankruptcy is the right tool, and start protecting what you've worked for. Texas also has some of the most generous property protections in the nation — many people keep their home and car. You don't have to figure this out alone, and finding the right lawyer is free.

What Does a Bankruptcy Lawyer Do in Texas?

A bankruptcy lawyer reviews your debts, income, and property, advises whether bankruptcy is right for you, and handles the entire case from filing to discharge. Bankruptcy is governed by federal law — the U.S. Bankruptcy Code, Title 11 — and the process has strict rules, deadlines, and paperwork. A good lawyer decides whether Chapter 7 or Chapter 13 fits your goals, prepares and files your petition, represents you at the required meeting of creditors, and works to protect your property using Texas exemptions. The federal courts maintain a public overview of how the process works at the U.S. Courts bankruptcy basics page. Doing this without a lawyer is risky; a mistake can cost you property you could have kept.

Chapter 7 vs. Chapter 13: Which Is Right for You?

Chapter 7 wipes out most unsecured debt quickly; Chapter 13 reorganizes your debt into an affordable repayment plan so you can catch up and keep property. Most consumers file under one of these two chapters. Here is how they compare:

There is also Chapter 11, used mainly by businesses and high-debt filers to reorganize. Which chapter is right depends on your income, your debts, and what you want to protect — a lawyer sorts this out for you in the first conversation.

The Means Test: Do You Qualify for Chapter 7?

The means test compares your income to the median income for a Texas household of your size to decide whether you can file Chapter 7. If your income is below the state median, you generally qualify. If it's higher, a more detailed calculation looks at your allowed expenses and disposable income. People who don't pass the means test can usually still file Chapter 13. The test sounds intimidating, but a bankruptcy lawyer runs it for you and explains the result in plain language — you don't have to crunch the numbers yourself.

What Can You Keep? Texas Exemptions Are Among the Best in the Nation

Texas law protects your home with one of the most generous homestead exemptions in the country — with no cap on the home's value — plus a substantial amount of personal property. This is a major reason so many Texans keep what matters when they file. Key protections include:

• Homestead: Unlimited home value, subject to acreage limits — up to 10 acres in a city or up to 100 acres rural (single) or 200 acres (family), under Texas Property Code Chapter 41.
• Personal property: Up to $50,000 for a single adult or $100,000 for a family — covering things like home furnishings, clothing, tools of the trade, and a vehicle — under Texas Property Code Chapter 42.
• Retirement and certain benefits: Many retirement accounts and benefits are also protected.

Exemptions are technical, and the right strategy can be the difference between keeping and losing property. This is exactly the kind of thing an experienced lawyer handles for you.

Which Debts Bankruptcy Can and Can't Erase

Bankruptcy is most powerful against unsecured debt like credit cards, medical bills, and personal loans — but some debts generally survive a discharge. Debts that usually cannot be wiped out include most recent taxes, child support and alimony, most student loans, and debts arising from fraud. Knowing which of your debts bankruptcy can actually address is central to deciding whether it's the right move — and to choosing the right chapter. A lawyer will go through your specific debts with you so there are no surprises.

How the Right Bankruptcy Lawyer Helps You Get a Fresh Start

A bankruptcy filing isn't just paperwork — it's a legal strategy. The right Texas lawyer will:

• Stop the bleeding immediately by filing and triggering the automatic stay that halts calls, lawsuits, and garnishment.
• Pick the right chapter so you discharge what you can and keep what matters.
• Maximize your Texas exemptions to protect your home, car, and belongings.
• Handle the trustee, creditors, and court so you don't face them alone.
• Guide your fresh start, including rebuilding credit afterward.

Bankruptcy is a paid legal service — many Texas lawyers charge a flat fee and offer payment plans — but the consultation that tells you whether it's right for you is usually free. That's the kind of lawyer we'll connect you with.

Related Help

If debt is part of a larger crisis, these may help too:

• Foreclosure lawyers — if you're behind on your mortgage and worried about losing your home.
• Disability lawyers — if lost income from a disability is driving the debt.
• All practice areas — browse every kind of lawyer we can connect you with in Texas.

Frequently Asked Questions About Texas Bankruptcy Lawyers

What does a bankruptcy lawyer do in Texas?

A bankruptcy lawyer reviews your debts, income, and property, advises whether bankruptcy is right for you, and decides whether Chapter 7 or Chapter 13 fits your situation. The lawyer prepares and files your petition, handles the required filings and the meeting of creditors, and works to protect your property using Texas exemptions. Once the case is filed, the automatic stay stops most collection efforts, including calls, lawsuits, and wage garnishment.

What is the difference between Chapter 7 and Chapter 13 bankruptcy?

Chapter 7 is a liquidation bankruptcy that can wipe out most unsecured debts, such as credit cards and medical bills, usually within a few months. To qualify you must pass a means test based on your income. Chapter 13 is a reorganization in which you repay some debt through a three to five year court-approved plan, which can let you catch up on a mortgage or car loan and keep the property. A lawyer can tell you which chapter fits your goals.

Does filing bankruptcy stop creditor harassment and wage garnishment?

Yes. When a bankruptcy case is filed, an automatic stay takes effect under the federal Bankruptcy Code. The stay immediately stops most collection actions, including collection calls, lawsuits, wage garnishment, and many foreclosure or repossession efforts, while your case proceeds. This is one of the fastest forms of relief bankruptcy provides.

Will I lose my house or car if I file bankruptcy in Texas?

Often, no. Texas has one of the most generous homestead exemptions in the country, with no dollar cap on the home's value, subject to acreage limits. Texas also protects a substantial amount of personal property. Whether you keep secured property like a financed car usually depends on staying current on the loan or catching up through a Chapter 13 plan. A bankruptcy lawyer can explain what you can protect before you file.

How much does a bankruptcy lawyer cost in Texas?

Bankruptcy is a paid legal service, not a no-fee-unless-you-win arrangement. Many Texas bankruptcy lawyers charge a flat fee and offer payment plans, and there are separate court filing fees. The total depends on the chapter and the complexity of your case. The referral through the Texas Lawyer Referral Service is free, and most lawyers offer a free, no-obligation consultation so you can learn your options and the cost before you commit.

What debts can bankruptcy not erase?

Some debts are generally not dischargeable in bankruptcy. These commonly include most recent taxes, child support and alimony, most student loans, and debts from fraud or certain court judgments. Bankruptcy is most powerful against unsecured debt like credit cards, medical bills, and personal loans. A lawyer can review your specific debts and tell you which ones bankruptcy can address.

Will bankruptcy ruin my credit forever?

No. A bankruptcy can appear on your credit report for several years, but many people find their credit begins to recover within a year or two because the debt that was dragging them down is gone. For many Texans, the fresh start is what finally lets them rebuild. A lawyer can explain the long-term picture for your situation.

Does using a lawyer referral service cost anything?

No. The Texas Lawyer Referral Service is a free, State Bar of Texas-certified service. There is no charge to be connected with a bankruptcy attorney. The attorney's fee is separate and is discussed with you up front, and many lawyers offer a free initial consultation. You can call or text any time, day or night.

How do I get a bankruptcy lawyer in Texas right now?

Call or text 512-872-4400 any time, day or night. You will be connected with an experienced bankruptcy lawyer serving your area anywhere in Texas. The referral is free, the first consultation is usually free, and there is no obligation.