Bankruptcy Attorneys That Help Individuals Get a Fresh Financial Start Through Bankruptcy
Dealing with financial problems and overwhelming debt can be incredibly challenging. You may feel like you are in over your head and that there is no way out. If this sounds like your situation, do not hesitate to talk with a trusted expert who can help you to think clearly and come up a smart path forward. Our consumer bankruptcy attorneys help people every day all over the Dallas / Fort Worth area to settle debts and give sound legal advice. As a bankruptcy law firm, we offer comprehensive debt relief services tailored to our clients’ specific needs. Depending on your unique situation, filing for bankruptcy may also be a viable option to give you the fresh financial start you need. Either way, we can tell you how to get out of whatever hole you might find yourself in. No problem is insurmountable with the right team behind you.
At Warren & Migliaccio, we understand the weight of financial stress. More so, we know it can happen to anyone. Good people with every intention of paying their bills can suffer a stroke of bad luck, an unexpected loss of employment, illness, or divorce. The pressure from mounting debt and harassing phone calls from creditors can be debilitating. Our office is conveniently located for clients in the Dallas / Fort Worth area. You do not need to face this stressful and overwhelming time alone.
Discuss your situation with an experienced bankruptcy attorney well-versed in bankruptcy law before you file any paperwork or talk to any creditors. Our Dallas bankruptcy lawyers can help you understand your potential legal options for seeking financial relief. We welcome bankruptcy questions and provide answers during your free consultation. We will treat your case with privacy, review your situation, help you understand your legal options, and explain how bankruptcy will impact your life. Then we will create a strategy together that realistically considers your financial situation and commit to strategy until our side is successful.
We work with you to determine the best solution for your financial situation.
What is Bankruptcy?
Bankruptcy is a legal process that helps individuals or businesses. It is especially for those facing overwhelming debt. If you can’t repay your debts, bankruptcy laws give you the chance to make a fresh start.
There are two common types of bankruptcy: Chapter 7 and Chapter 13.
- Chapter 7 bankruptcy involves liquidating certain assets to pay off your debts.
- Chapter 13 bankruptcy allows you to reorganize your finances and follow a structured repayment plan.
Each chapter offers a different legal solution based on your situation. No matter the path, bankruptcy helps by reducing or eliminating debts you can’t afford to pay.
How Our Bankruptcy Lawyers in Dallas And Collin County Can Help You
If you’re overwhelmed by debt, you may be wondering if bankruptcy is the right path forward. Our experienced Dallas bankruptcy lawyers have handled many cases in the United States Bankruptcy Court for North Texas. We’ve likely helped clients facing situations similar to yours.
We guide you through every step of the bankruptcy process. You’ll receive clear and compassionate support from start to finish.
During your consultation, we’ll take time to understand your circumstances. We’ll also help you explore whether bankruptcy is a good option for your situation.
Depending on your needs, we can assist with Chapter 7 bankruptcy, which focuses on eliminating debt. Or we can help you file for Chapter 13 bankruptcy, which involves creating a manageable repayment plan.
Choosing the right bankruptcy lawyer is important. It can make a big difference in how your case is handled—and in your financial future.
Chapter 7 Bankruptcy
Chapter 7 bankruptcy is a liquidation bankruptcy. Through it, you liquidate your non-exempt property in exchange for a discharge on all or most of your unsecured debts. However, this does not mean all of your belongings will be sold off in assets sales.
A bankruptcy discharge releases you from the legal obligation to repay certain debts, providing significant debt relief and a fresh financial start.
Texas provides many exemptions that can protect much of an individual’s personal property from being seized during bankruptcy proceedings, as governed by the United States Bankruptcy Code. Additionally, if you have non-exempt property you want to keep, we will work with you to see if this is an option for you.
Chapter 7 bankruptcy provides bankruptcy protection from creditors, helping to eliminate overwhelming debt through the legal process. However, it does not help you with secured debt, such as a mortgage or car loan. Therefore, it will not help you avoid foreclosure on your house or car repossession.
Additionally, you must meet strict eligibility qualifications to file for Chapter 7 bankruptcy. We can determine whether you are eligible for the Chapter 7 bankruptcy option by conducting what is known as the “means test”. The means test assesses your income, assets, liabilities, and exemptions against the Internal Revenue Service (IRS) guidelines. It is important to accurately complete all required forms during the bankruptcy process to ensure your case proceeds smoothly.
Chapter 13 Bankruptcy
Unlike Chapter 7 bankruptcy, Chapter 13 bankruptcy is not a liquidation bankruptcy. It is a reorganization bankruptcy. You can keep your non-exempt property, but you must set up a court-approved payment plan designed to provide affordable payments. This payment plan allows you to pay creditors over a period of three to five years while helping you protect assets such as your home or car. After this period, you will not be liable for any remaining unsecured debt that can be discharged.
Chapter 13 bankruptcy can also help you with secured debts, ensuring that a secured creditor cannot foreclose on your home or repossess your car. This type of bankruptcy is best for individuals with a consistent income source for repayment, secured debts, and valuable assets they want to keep. Small business owners may also benefit from Chapter 13, as it provides a way to reorganize debts and make manageable payments while continuing operations.
Case Study: Texas Homestead Exemption Has Time Limits
In Viegelahn v. Frost, 744 F.3d 384 (5th Cir. 2014), the Fifth Circuit made an important decision about Texas’s unlimited homestead exemption. This exemption protects your home during bankruptcy, but it comes with strict rules.
Mark Frost filed for Chapter 13 bankruptcy and claimed his home in Cibolo, Texas, as exempt. He sold the house but did not reinvest the money into a new home within six months, which Texas law requires.
Because of this, the bankruptcy trustee argued that the money from the sale should be given to the creditors. The court agreed.
This case shows that even though Texas offers strong bankruptcy protection for your home, you must follow all state laws. One key rule is the six-month deadline to reinvest sale proceeds in a new homestead.
If you sell exempt property during bankruptcy, you must act quickly and reinvest the money to keep your protections. Missing this deadline can turn your protected assets into funds that creditors can claim.
This example highlights why hiring an experienced bankruptcy attorney near me is crucial. They can provide guidance to help you navigate the bankruptcy process and protect your assets properly.[Source]
Related: What Is the Difference Between Chapter 7 and Chapter 13 Bankruptcy in Texas?
Our Dallas Bankruptcy Attorneys Serve Individuals Across North Texas
At Warren & Migliaccio, we represent individuals in bankruptcy proceedings throughout the Dallas-Fort Worth area and North Texas. We have extensive experience and success helping people with Chapter 7 and Chapter 13 bankruptcy in the following counties and cities:
- 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
What Are the Benefits of Bankruptcy?
The most significant benefit of bankruptcy is to help you get rid of some or all of your debts. However, there are many benefits to the bankruptcy process. Depending on the type of bankruptcy you seek, it may be able to offer you the following:
- Avoid foreclosure and save your home, including stopping foreclosure proceedings
- Stop creditor harassment
- Stop bank and wage garnishments
- Eliminate or reduce credit card debt
- Eliminate medical debt
- Stop creditor lawsuits
- Rebuild your credit
- Get a fresh start without losing your home, vehicles, retirement, and self-respect
- Stop worrying and finally start living again
- Achieve financial recovery and get out of debt through bankruptcy
Bankruptcy isn’t your only option. Debt settlement is another way to resolve debt outside of bankruptcy. It allows you to negotiate directly with creditors and potentially reduce the total amount you owe.
Our Dallas bankruptcy attorneys understand that deciding whether to file for bankruptcy can be difficult. Some people worry about how it will affect their credit score. Others are concerned about the cost and complexity of the process.
Ultimately, the decision depends on your unique financial situation. While bankruptcy can be a helpful tool for many, it’s not the right choice for everyone.
During a consultation, an experienced Dallas bankruptcy lawyer will walk you through your options. We’ll explain the pros and cons of Chapter 7 and Chapter 13 bankruptcy. We’ll also help you understand the impact of filing and what to expect throughout the process.
With this information, you can make a well-informed decision about your financial future.
Related: Top Bankruptcy Myths That Should Bite the Dust – Once and For All
What Happens When You File for Bankruptcy in Texas?
Before you file for bankruptcy, you must complete a mandatory credit counseling course. You must complete this course within 180 days before your bankruptcy filing. It must be from a credit counseling agency approved by the United States trustee. Credit counseling is often required before filing for bankruptcy or seeking other debt relief options. You can find a list of approved credit counseling agencies on the U.S. Trustee Program website. Once you have completed the course, you must file a certificate of completion with the United States District Court.
To file bankruptcy, you must submit the required forms and documentation to the court, which initiates the legal process of seeking relief from your debts. This process involves disclosing your financial information, assets, liabilities, and attending required hearings.
Once you file for bankruptcy, an automatic stay is put into place. An automatic stay means that your creditors are legally prohibited from taking any collection actions against you. Collection actions include everything from harassing phone calls and letters to litigation lawsuits, garnishments, and foreclosure.
When the Phone Finally Stops Ringing
I’ll never forget Maria, a single mom who came to my office looking exhausted. She worked two jobs but still couldn’t keep up with her medical bills after her son’s emergency surgery. Every day, she received a dozen calls from debt collectors, starting as early as 8 AM and continuing until 9 PM. She stopped answering her phone completely, even for work calls.
The day we filed her Chapter 7 bankruptcy, I gave her our case number and told her to share it with any creditor who called. Within hours of filing, the calls stopped. Three days later, Maria called me crying—but these were tears of relief. “I actually slept through the night,” she said. “I forgot what silence sounded like.”
The automatic stay will remain in place until your bankruptcy case is resolved. While there are a few exceptions to an automatic stay, such as child support payments, an automatic stay can give you a much-needed break from your debts.
After filing for bankruptcy, you must attend a meeting of creditors. This meeting is also known as a 341 hearing. At this hearing, you meet with the trustee assigned to your case to review your bankruptcy paperwork. Your creditors may appear at the meeting and have the opportunity to ask you questions about your bankruptcy case. Your attorney will prepare you for questions asked by the trustee during the 341 hearing. You will also need to provide any documents or information that they request.
Once the meeting of creditors is complete, you wait for your bankruptcy case to be discharged. Your debts will be wiped out, and you will no longer be legally responsible for them. Many types of unsecured debts, such as credit card balances and personal loans, are often included among the debts that may be eliminated through a bankruptcy discharge. Once your debt listed in the bankruptcy case has been discharged, creditors may never attempt to collect that debt again. However, it is essential to note that not all debts are dischargeable in bankruptcy. For example, child support, alimony, types of tax debt, and student loans cannot generally be discharged through bankruptcy.
Related: Bankruptcy Video Center
How to Find a Dallas Bankruptcy Lawyer Near Me
When considering bankruptcy, having the right legal support on your side is essential. Choosing a law firm with extensive experience in bankruptcy cases ensures you receive dedicated legal support and comprehensive solutions tailored to your needs. Bankruptcy can be a complex and challenging process, sometimes involving bankruptcy litigation, so you want to make sure that you have an experienced and knowledgeable bankruptcy attorney in Dallas to help you through it.
The first step in finding a bankruptcy lawyer near you is researching your options. Look for the best lawyers and law firms who have experience handling bankruptcies in Texas and read online reviews to get a sense of what others have said about their services.
Once you have narrowed down your options, set up consultations with each of the lawyers on your list. A consultation will allow you to ask questions, get more information about the attorney’s experience and expertise, and determine whether they fit your needs, including how much they charge for attorney’s fees.
One specific question you should ask to determine the best bankruptcy lawyer for you is how they update their clients on their bankruptcy cases. For example, when you choose Warren & Migliaccio, we prioritize getting you the information you need. Our staff happily connects you with the attorney handling your case so you can get information as soon as possible.
Take The Next Step for Your Financial Future and Seek Legal Help From a Bankruptcy Attorney in Dallas, TX
With the right bankruptcy attorney Dallas residents rely on, you can navigate the bankruptcy process with confidence. Our firm has helped many clients in a similar situation achieve financial freedom through our debt relief services. Take the next step on your way to a fresh financial start and talk with a Dallas bankruptcy attorney from our firm. Whether you need an experienced bankruptcy lawyer in Dallas or a lawyer who focuses on debt relief outside of bankruptcy, Warren & Migliaccio can help you take control of your finances and get on the road to financial freedom.
Do not let your debts control your life. You may be able to find financial relief in Chapter 7 or Chapter 13 bankruptcy. Do not hesitate to contact our office today to schedule a consultation. We can answer your legal questions, help you understand your best legal options, and discuss how we can help you. You can call our law office at phone number (888) 584-9614 or contact us online, and we will schedule a consultation with you soon.
FAQs: Qualifying and Basic Bankruptcy Info
How Do I Qualify for Chapter 7 Bankruptcy in Texas?
You typically qualify if you pass the “means test,” which compares your income and necessary expenses to the state’s median income levels. If your disposable income is too low to repay creditors, you may file for Chapter 7.
Means Test Basics:
Firstly, looks at your average monthly income versus the Texas median for your household size.
Secondly, considers essential living expenses (rent, utilities, medical bills).
Proof of Financial Hardship:
Job loss, high medical debt, or other overwhelming financial difficulties often indicate eligibility.
Local Guidance:
An experienced Dallas-Fort Worth bankruptcy lawyer (like Warren & Migliaccio) can evaluate your specific situation and advise whether Chapter 7 or Chapter 13 is the better option.
What Is the Difference Between Chapter 7 and Chapter 13 Bankruptcy?
Chapter 7 discharges unsecured debts in about three to four months by liquidating non-exempt assets if necessary, while Chapter 13 reorganizes debts into a three- to five-year repayment plan that allows you to keep all your property, provided you stay current on payments. The biggest difference between Chapter 7 and Chapter 13 bankruptcy is that debts aren’t repaid in a Chapter 7, but are in a Chapter 13.
Chapter 7 (Liquidation):
Ideal if you have limited income and primarily unsecured debts (credit cards, medical bills).
Non-exempt assets could be sold by a trustee.
Chapter 13 (Reorganization):
Firstly, suitable for individuals with regular income or homeowners wanting to stop foreclosure.
Likewise, lets you catch up on mortgage arrears and manage other secured debts.
Do I Need a Lawyer to File for Bankruptcy?
Yes, hiring a bankruptcy attorney dramatically increases your success rate – 96.2% of Chapter 7 cases succeed with an attorney versus only 66.7% without one, while Chapter 13 success rates are 41.5% with representation compared to just 2.3% without.
Key Statistics:
Chapter 7: 96.2% success with attorney vs 66.7% self-filed
Chapter 13: 41.5% success with attorney vs 2.3% self-filed
91.5% of filers choose attorney representation
Why Legal Representation Matters:
Firstly, complex federal court procedures
Asset protection strategies
Likewise, proper paperwork filing
Lastly, professional court representation
Most bankruptcy attorneys offer free consultations to evaluate your case and determine the best chapter for your situation.
FAQs: Protecting Assets and Stopping Creditor Actions
Can I Keep My House and Car When Filing Bankruptcy in Texas?
Yes, Texas offers generous exemptions protecting a homestead and at least one vehicle per licensed driver, especially if you’re current on payments or filing under Chapter 13.
Homestead Exemption:
Unlimited equity protection for a primary residence, subject to size limits (urban vs. rural).
Vehicle Protection:
Typically one exempt vehicle per licensed household member, within certain value limits.
Chapter 7 vs. Chapter 13:
Chapter 7: Keep exempt assets; non-exempt assets may be sold.
Chapter 13: Retain all property by making monthly payments on a court-approved schedule.
How Soon Do Creditors Stop Calling After Filing for Bankruptcy?
Harassing calls usually stop right away once you file a bankruptcy petition, thanks to the automatic stay that bars most collection efforts.
Automatic Stay Overview:
Legally prevents creditors from contacting you about debts, garnishing wages, or pursuing lawsuits.
Exceptions:
Some obligations, like child support, aren’t halted by bankruptcy.
Practical Steps:
Provide your case number to creditors to make sure they comply with the stay.
Does Chapter 13 Bankruptcy Stop Foreclosure and Wage Garnishment in Texas?
Yes, the automatic stay stops foreclosure immediately, and Chapter 13 allows you to catch up on missed mortgage payments over three to five years while ending wage garnishments.
Foreclosure Prevention:
You can propose a plan to pay arrears in installments.
Lenders typically can’t continue foreclosure if you comply with the plan.
Wage Garnishment Relief:
Garnishments halt as soon as you file, helping stabilize your finances.
FAQs: Bankruptcy Process and Timeline
How Long Does the Bankruptcy Process Take?
Chapter 7 typically finishes in three to four months, while Chapter 13 requires monthly payments over three to five years before remaining debts are discharged.
Immediate Relief:
An automatic stay stops collection actions as soon as you file.
Chapter 7 Timeline:
Filing → 341 meeting (about 30–45 days later) → Discharge ~60 days afterward.
Chapter 13 Timeline:
Begin payments right away → Plan confirmation in a few months → Discharge once all payments are complete.
What Debts Are Not Dischargeable in Bankruptcy?
Child support, alimony, most student loans, certain tax debts, and fraudulent debts generally cannot be eliminated through bankruptcy.
Common Non-Dischargeable Obligations:
Firstly, domestic support (child/spousal support).
Recent or fraud-related taxes.
Lastly, most student loans without a proven undue hardship.
Potential Partial Discharge:
Some older tax debts may be discharged if they meet specific criteria.
FAQs: Hiring and Costs
How Much Does a Bankruptcy Attorney Cost in Texas?
Attorney fees typically range between $1,500 and $3,500 for Chapter 7 cases and $3,000 to $5,000 for Chapter 13, plus court filing fees. Many law firms offer free consultations and payment plans.
Court Filing Fees:
$338 for Chapter 7, $313 for Chapter 13.
Payment Structures:
Chapter 7: Often paid upfront because most debts are discharged.
Chapter 13: Can include attorney fees in the 3–5 year repayment plan.
Local Rate Variations:
Costs may differ in Dallas-Fort Worth versus smaller Texas towns.
When Should I Hire a Bankruptcy Attorney?
Consulting a bankruptcy attorney is wise if debts are unmanageable, you’re facing foreclosure or lawsuits, or creditor harassment is affecting daily life.
Early Intervention:
More options are available if you seek help before a financial crisis deepens.
Professional Evaluation:
A lawyer can review if Chapter 7, Chapter 13, or another debt relief method is suitable.
Local Expertise:
Dallas-Fort Worth attorneys like Warren & Migliaccio can give specific guidance based on Texas laws.
How Do I Choose the Best Bankruptcy Attorney Near Me?
Look for extensive Texas bankruptcy experience, a history of positive outcomes, transparent fee structures, and a strong client-focused approach.
1. Experience & Track Record:
Seek lawyers with years of practice handling Chapter 7 and Chapter 13 cases across Texas and a proven record of successful discharges.
2. Local Court Familiarity:
Attorneys who regularly work with Dallas-Fort Worth trustees and judges can streamline procedures and anticipate local requirements.
3. Transparent Fees & Free Consultation:
Prioritize firms that clearly outline costs upfront and provide a free initial consultation so you can explore your options without financial risk.
4. Communication & Trust:
Choose an attorney who explains complex issues in plain language, keeps you informed, and responds promptly to your questions.
FAQs: Preparing for a Consultation
What Should I Bring to a Bankruptcy Consultation?
Collect recent pay stubs, tax returns, bank statements, bills, and a list of debts and assets to ensure an accurate case evaluation.
Essential Documents:
Six months of pay stubs, two years of tax returns, and current bank statements.
Mortgage or vehicle loan papers, if applicable.
Expense Records:
Rent, utilities, insurance, child care, and other monthly costs.
Gathering Details:
Having complete information helps a lawyer determine eligibility and outline the best strategy.
