By Christopher Migliaccio, Managing Partner • Published
• Reviewed by the Bankruptcy Practice Team • Updated
If you are unsure about which path is right for your situation, we offer a free consultation to explore your legal options. If Chapter 13 bankruptcy is the best path for you, we can refer you to a trusted Chapter 13 bankruptcy attorney if needed.
Debt is heavy. Missed payments. Lawsuits. Calls from collectors. We get it. Our Dallas–Fort Worth bankruptcy team helps Texans stop creditor actions and protect what matters most. We look at your whole picture, explain your choices, and build a plan that fits your life.
Call (888) 584-9614 now or request your free consultation online. If creditors are suing you, freezing your bank account, pursuing a turnover/receiver, or moving to repossess or foreclose, we can discuss steps to stop them today once your case is filed and the stay is in place.
Key Takeaways
- Filing for bankruptcy triggers an automatic stay that immediately stops most creditor lawsuits, collection calls, bank-account levies/freezes, turnover/receiver actions, repossessions, and foreclosure steps..
- Chapter 7 Bankruptcy can eliminate unsecured debts like credit cards and medical bills in about 3–4 months.
- Chapter 13 Bankruptcy creates a 3–5 year repayment plan that allows you to catch up on missed mortgage or car payments and save your property from foreclosure.
- Texas offers strong asset protection, including a generous homestead exemption that protects your primary residence.
Start Here: Quick Triage
- Facing a lawsuit, bank account freeze, receiver/turnover order, repossession, or foreclosure?Ask about the automatic stay under 11 U.S.C. § 362. It stops most collection the moment your case is filed.
- Bank account frozen or judgment entered? We review fast relief and which chapter best meets your goals.
- Behind on a mortgage or car? Chapter 13 can help you catch up while keeping your home and vehicle; see the codebtor stay in 11 U.S.C. § 1301.
- Crushed by credit cards or medical bills? Chapter 7 may wipe out unsecured debt in a few months.
Which Chapter Is Right? (Quick Comparison)
- Best for: Chapter 7—mostly unsecured debt (cards/medical). Chapter 13—steady income and behind on house or car.
- What you keep: Chapter 7 keeps exempt items. Chapter 13 lets you keep everything if you make plan payments.
- Secured debt: Chapter 7 does not cure arrears. Chapter 13 can stop foreclosure and spread arrears over 3–5 years.
- How long: Chapter 7 ≈ 3–4 months. Chapter 13 ≈ 3–5 years of payments.
- Who qualifies: Chapter 7 uses the means test; Chapter 13 needs regular income and debts within limits of 11 U.S.C. § 109(e) (limits adjust over time).
Timeline & Cost (At-a-Glance)
| Aspect | Chapter 7 Bankruptcy | Chapter 13 Bankruptcy |
|---|---|---|
| Immediate Relief | The automatic stay stops most collection actions as soon as your case is filed. | |
| Timeline | Discharge in approx. 3–4 months | 3–5 year repayment plan, then discharge |
| Court Filing Fees | $338 (subject to change) | $313 (subject to change) |
| Attorney Fees | Typically $1,500 – $3,500 | Typically $3,000 – $5,000 (can often be included in the payment plan) |
Texas Protections You Should Know
- Homestead: Texas protects your primary residence (urban up to 10 acres; rural up to 100 acres single / 200 acres family). See Tex. Prop. Code § 41.001 and § 41.002.
- Vehicles: One motor vehicle per licensed household member. See Tex. Prop. Code §§ 42.001–42.002.
- Personal property cap: Up to $50,000 (single) or $100,000 (family) in household goods, clothing, tools, and more (not counting homestead). See Chapter 42.
- Retirement: Most tax-qualified retirement accounts are protected under state and federal law.
We will review exemptions with you so you know exactly what you can keep. Learn more on our Chapter 7 and Chapter 13 pages.
How Our Dallas Bankruptcy Lawyers Help You
During your free consultation, we learn your story and review your documents. You will understand timing, costs, the required course, and how a case may affect credit and property. No confusing legal talk—just clear answers.
If you need to discharge unsecured debts and are eligible for Chapter 7 bankruptcy, our team will guide you step by step. However, we are not currently accepting new Chapter 13 cases. If you need Chapter 13 to save your car or home, see our Chapter 13 guide as a resource. If needed, we can also refer you to a trusted Chapter 13 bankruptcy attorney.
Chapter 7 Bankruptcy (Quick Facts)
- What it does: Erases many unsecured debts (credit cards, medical, personal loans).
- What you keep: Exempt property stays yours; a trustee may sell only non-exempt items.
- Limits: Won’t fix missed house or car payments; means test applies (see U.S. Trustee means testing).
- Proof point: In a national sample, 92.8% of Chapter 7 cases ended in discharge (2010–2016). Source: ABI Journal (Jan. 2018).
- Learn more: Chapter 7 Bankruptcy – Dallas & Collin County
Chapter 13 Bankruptcy (Quick Facts)
- What it does: Reorganizes debt into one monthly payment over 3–5 years.
- Saves your home: Stops foreclosure and lets you catch up on missed payments.
- Who it helps: People with steady income who want to keep property.
- Proof point: With an attorney, about 41.4% of Chapter 13 cases finished with a discharge; for pro se filers it was 2.3%. Source: ABI Journal (Aug. 2017).
- Learn more: Chapter 13 Bankruptcy – Dallas & Collin County
Texas Case-Law Spotlight: Homestead Sale Proceeds Have a Deadline
In Viegelahn v. Frost, 744 F.3d 384 (5th Cir. 2014), the court held that a debtor lost homestead protection on sale proceeds by failing to reinvest them in a new homestead within six months. Texas protects your home, but you must follow the rules. Read the case.
If you sell an exempt home during a case, act fast and reinvest within the deadline.
We Serve All of North Texas
We represent individuals across the Dallas–Fort Worth area in Chapter 7, debt defense, and debt settlement cases. Below is our service area and a quick map for directions.
- Collin County: Plano, Frisco, McKinney, Allen, Murphy, and Anna
- Dallas County: Dallas, Irving, Garland, DeSoto, and Farmers Branch
- Denton County: Denton, Lewisville, Little Elm, The Colony, Corinth, and Highland Village
- Rockwall County: Rockwall, Fate, and McLendon-Chisolm
- Tarrant County: Fort Worth, Arlington, North Richland Hills, Euless, Bedford, and Keller
Most clients reach our office in 30–45 minutes from anywhere in DFW.
What Are the Benefits of Bankruptcy?
Bankruptcy can help you reset your budget and protect key assets. Depending on the chapter, it may help you:
- Stop foreclosure and save your home
- End creditor harassment immediately after filing
- Stop bank account levies/freezes and judgment collection (turnover/receivership)
- Eliminate credit card debt
- Wipe out medical bills
- halt repossessions while the case is pending
- Stop creditor lawsuits
- Start rebuilding your credit
- Use Texas exemptions to keep essential assets
Other options exist too. Debt settlement may work in some cases. We will discuss all options during your free consultation.
What Happens When You File for Bankruptcy in Texas?
Before filing: Take a credit counseling course within 180 days from an approved agency. See the U.S. Trustee approved list. File your certificate with the court.
After filing: The automatic stay under 11 U.S.C. § 362 stops most collection. You will attend a “341 meeting” about 30–45 days after filing. The trustee reviews your papers. Creditors can attend but rarely do. Your attorney prepares you for this meeting.
When the Phone Finally Stops Ringing
Maria is a single mom. Two jobs. Big medical bills after her son’s surgery. Collectors called from 8 a.m. to 9 p.m. every day. She stopped answering the phone, even for work calls.
The day we filed Chapter 7, we gave her the case number. We told her to share it with any caller. Within hours, the calls stopped. Three days later she called us in tears—this time from relief. “I slept through the night,” she said.
The stay lasts while your case is active. Some debts, like child support, still continue. But many clients feel the relief right away.
Once the 341 meeting is done, you wait for discharge. A Chapter 7 discharge usually arrives about 60 days after the meeting. Chapter 13 discharge comes when plan payments are complete. Note: Some debts are not discharged (for example, domestic support, certain taxes, and most student loans). See 11 U.S.C. § 523. Related: Bankruptcy Video Center.
Take the Next Step
With the right guide, you can move forward with confidence. Our experienced bankruptcy lawyers handle Chapter 7 and debt relief outside of bankruptcy. We are currently not accepting new Chapter 13 cases. Call (888) 584-9614 now or contact us online for your free consultation.
Frequently Asked Questions
FAQs: Qualifying & Basic Info
How do I qualify for Chapter 7 in Texas?
You must pass the means test. It compares your income and allowed expenses to state medians. See the U.S. Trustee’s current data here: Means Testing – U.S. Trustee Program.
What’s the difference between Chapter 7 and Chapter 13?
Chapter 7 wipes out many unsecured debts in about 3–4 months. Chapter 13 sets up a 3–5 year plan so you can catch up on secured debts and keep property if you make payments.
Do I need a lawyer to file?
Hiring a lawyer greatly improves outcomes. In Chapter 13, about 41.4% of cases finished with a discharge when the debtor had an attorney, compared with 2.3% for pro se filers. In Chapter 7, a national sample showed 92.8% of cases ended in discharge overall. Sources: ABI Journal (Aug. 2017), ABI Journal (Jan. 2018). Every case is different.
FAQs: Protecting Assets & Stopping Creditor Actions
Can I keep my house and car?
Often, yes. Texas has strong exemptions, including homestead protection (Tex. Prop. Code § 41.001; acreage limits apply) and one vehicle per licensed household member (§§ 42.001–42.002), subject to other rules.
How soon do collectors stop calling?
Usually right away after filing, due to the automatic stay under 11 U.S.C. § 362. Give them your case number. Some debts (like child support) still continue.
Does Chapter 13 stop foreclosure and wage garnishment?
Chapter 13 stops foreclosure, bank account levies, turnover/receiver actions, and most repossessions through the automatic stay, and lets you catch up on missed mortgage or car payments over 3–5 years. (Texas generally does not allow wage garnishment for consumer debts; limited exceptions apply.)
FAQs: Process & Timeline
How long does it take?
Chapter 7 typically takes about 3–4 months from filing to discharge (after the 341 meeting). Chapter 13 takes 3–5 years of payments before discharge.
Which debts are not dischargeable?
Domestic support, many recent taxes, and most student loans are not discharged. See 11 U.S.C. § 523.
FAQs: Hiring & Costs
How much do filing fees and attorney fees cost?
Court filing fees are currently $338 (Chapter 7) and $313 (Chapter 13). These can change. Examples: Central District of California, District of Delaware. Typical attorney fee ranges: Chapter 7 $1,500–$3,500; Chapter 13 $3,000–$5,000. Payment plans may be available in Chapter 13.
When should I hire a bankruptcy lawyer?
Early is best—if debts are piling up, lawsuits have started, or foreclosure is looming. Early help preserves options.
How do I choose the best attorney near me?
Look for deep Texas bankruptcy experience, clear fees, and fast communication. Ask how the team updates clients, who will handle your case, and what documents to bring.
FAQs: Preparing for a Consultation
What should I bring to a bankruptcy consultation?
Bring six months of pay stubs, two years of tax returns, bank statements (about three months), and a list of debts and assets. Include mortgage and car loan papers and any lawsuit documents if you have them. Don’t worry if you’re missing something—bring what you have.
Get Help Now!
Schedule a Free Consultation
If you need to speak with an attorney at Warren & Migliaccio, L.L.P. submit our contact form below or call (888) 584-9614 to schedule a free consultation.
Disclaimer: This page is legal information, not legal advice. Every case is different. Results are not guaranteed. Court fees and laws change. For up-to-date guidance, speak with a licensed Texas bankruptcy attorney.
