A Plano bankruptcy attorney helps individuals and families file for Chapter 7 or Chapter 13 bankruptcy protection in the U.S. Bankruptcy Court for the Eastern District of Texas, Plano Division. Filing stops creditor harassment, prevents foreclosure, and can eliminate credit card debt and medical bills under federal law.
At Warren & Migliaccio, L.L.P., we have helped Plano and Collin County families find debt relief since 2006. I oversee our bankruptcy practice as Managing Partner, with Managing Attorney Dan Varkey leading the team on the ground. We are both members of the National Association of Consumer Bankruptcy Attorneys (NACBA). We file cases in both the Eastern District of Texas (Plano Division) and the Northern District of Texas (Dallas Division), giving our clients full coverage across North Texas.
If you are drowning in debt and not sure where to turn, you are not alone. We talk to people in your situation every day.
How Does Filing Bankruptcy Work for Plano Residents?
If you live in Plano or elsewhere in Collin County, your bankruptcy case is generally filed in the U.S. Bankruptcy Court for the Eastern District of Texas through the Plano office at 660 North Central Expressway, Suite 300B, Plano, Texas 75074. We also represent clients in counties that file through the U.S. Bankruptcy Court for the Northern District of Texas, Dallas Division, including Dallas County. Our team handles both courts, so we file in the correct district based on where you live.
The bankruptcy process starts with a means test. This is how the court decides whether you qualify for Chapter 7 (which eliminates debt) or Chapter 13 (which reorganizes it into a payment plan). Your Plano bankruptcy attorney reviews your income, expenses, and debts to determine which option fits your situation.
Once your petition is filed, something powerful happens right away. An automatic stay goes into effect under federal law. That means creditors have to stop calling, stop suing, and stop garnishing your wages. If a foreclosure sale is scheduled on your home, it stops. If a creditor is about to repossess your car, that stops too.
Our attorneys handle the paperwork and prepare you for the 341 meeting of creditors. For chapter 7, 12, and 13 cases in both the Eastern and Northern Districts of Texas, these meetings are currently conducted virtually by Zoom unless the U.S. Trustee approves a different arrangement or requires an in-person setting. We explain what to expect ahead of time so there are no surprises.
What the Bankruptcy Process Looks Like in Plano: Step by Step
Here is what happens from the day you call us to the day your debt is discharged.
- Free consultation. We sit down with you, review your income, debts, and assets, and run your means test numbers. You walk out knowing whether you qualify for Chapter 7 or Chapter 13 and what to expect from start to finish. Call (888) 584-9614 to set this up.
- Gather your financial records. We give you a checklist of what the court needs: pay stubs, tax returns, bank statements, and a list of everyone you owe money to. Our team walks you through it so nothing gets missed.
- Complete the required credit counseling course. Federal law requires a pre-filing credit counseling session from an approved provider. It is usually done online and takes about an hour. We point you to approved options.
- File your petition with the court. Our attorneys prepare and file your bankruptcy petition, schedules, and supporting documents with the U.S. Bankruptcy Court. For most Plano residents, that means the Eastern District of Texas, Plano Division. Some Collin County filers go through the Northern District, Dallas Division. We handle both.
- Automatic stay takes effect immediately. The moment your case is filed, creditors must stop all collection activity. Phone calls stop. Lawsuits pause. Garnishments end. If a foreclosure sale is scheduled, it stops. This is the point where most of our clients say they finally slept through the night.
- Attend the 341 meeting of creditors. About 30 to 45 days after filing, you meet briefly with the bankruptcy trustee. In the Eastern District, this is often done by video call. We attend with you, prepare you for the questions, and handle anything that comes up. Most meetings last about 5 to 10 minutes.
- Receive your discharge. In Chapter 7, discharge typically comes about 60 to 90 days after the 341 meeting. In Chapter 13, it comes at the end of your 3 to 5 year repayment plan. Either way, the qualifying debts are gone and you have a clean slate to rebuild.
Chapter 7 Bankruptcy: Eliminating Debt in Plano
Chapter 7 bankruptcy is what most people think of when they hear the word “bankruptcy.” It wipes out most unsecured debts, including credit card debt, medical bills, personal loans, and old utility bills. The entire process typically takes about 3 to 4 months from filing to discharge.
To qualify, your household income generally needs to fall below the Texas median for your family size. Here is the thing about Plano. Household incomes tend to run higher than the state average. That means more Plano residents face questions about the means test than people in other parts of Texas. But passing the means test is not just about gross income. It factors in your actual expenses, including your mortgage, car payments, child support, and medical costs.
Many people who think they make “too much” for Chapter 7 actually qualify once we run the numbers. That is one of the first things we do in a free consultation.
Chapter 13 Bankruptcy: Reorganizing Debt in Plano
Chapter 13 bankruptcy works differently. Instead of eliminating debt all at once, it creates a 3 to 5 year repayment plan based on what you can actually afford. A bankruptcy judge and trustee review the plan to make sure it is fair to both you and your creditors.
This is often the better choice for Plano homeowners who are behind on their mortgage. Chapter 13 stops foreclosure and lets you catch up on missed payments through the plan while keeping your home. It also works well for people with regular income who do not pass the Chapter 7 means test.
Small business owners and sole proprietors in the Plano area may also benefit from Chapter 13. It lets you reorganize business and personal debts together under one plan.
What Can a Plano Bankruptcy Attorney Help You Protect?
One of the biggest fears people have about filing bankruptcy is losing everything. In Texas, that fear is usually worse than reality. Texas has some of the most generous bankruptcy exemptions in the country.
Here is what Texas law protects:
• Your home: The Texas homestead exemption (Texas Property Code Sec. 41.001) protects your primary residence with no cap on value for urban property up to 10 acres
• Your vehicle: Texas allows one motor vehicle per licensed household member
• Personal property: Up to $50,000 for single filers and $100,000 for families (Texas Property Code Sec. 42.001)
• Jewelry: Up to $12,500
What this means in practice is that most Plano families keep their home, their cars, and their personal belongings when they file. A Plano bankruptcy lawyer from our firm reviews your specific assets and builds a strategy to protect what matters most to you.
Which Debts Can Bankruptcy Eliminate?
Protecting your property is one side of the equation. The other side is knowing which debts go away and which ones survive. Here is a quick reference:
| Usually Dischargeable | Usually NOT Dischargeable |
|---|---|
| Credit card balances | Child support and spousal support |
| Medical bills | Most student loans (unless undue hardship is proven) |
| Personal loans and payday loans | Recent income tax debts (generally within 3 years) |
| Past-due utility bills | Criminal fines, court restitution, and government penalties |
| Deficiency balances after repossession | Debts from fraud or false pretenses |
| Some older tax debts (case-specific) | Personal injury debts from DUI/DWI |
| Business debts and broken leases | Debts from willful or malicious injury |
| Collection agency accounts | Certain divorce-related property settlement debts |
Every case is different. Some debts that appear non-dischargeable may have exceptions, and some that appear dischargeable may be challenged by a creditor. A Plano bankruptcy attorney can review your specific debt mix and tell you what to expect. Call (888) 584-9614 for a free consultation.
A Personal Story from Attorney Migliaccio
I remember sitting across from a couple in our office who had not slept well in months. They had two kids, a house in Plano, and about $80,000 in credit card and medical debt that had piled up after a job loss. They were convinced they would lose their home. After we walked through the Texas exemptions and ran their means test numbers, the relief on their faces was immediate. They qualified for Chapter 7, kept their house, kept both cars, and were debt free in under four months. That is the moment I find the most satisfaction in this work: helping people see that there is a path forward.
Why Choose Warren & Migliaccio for Bankruptcy in Plano?
When you are looking for a Plano bankruptcy attorney, you want someone who knows the local courts and focuses on this area of law. Here is what sets our firm apart:
• Experienced bankruptcy team: Dan Varkey serves as our Managing Attorney for Bankruptcy and is a member of NACBA, the only national organization dedicated to consumer bankruptcy attorneys
• Dual district coverage: We file cases in both the Eastern District (Plano Division) and Northern District (Dallas Division) for Collin County clients. Most firms only mention one
• Serving families since 2006: We have been helping North Texas families with debt relief for nearly two decades
• Lead Counsel Verified: Our attorneys have been independently verified for their qualifications and ethical standing
• Free consultation: We sit down with you, review your finances, run your means test numbers, and explain your options at no cost
• Close to Plano: Our Richardson office is about 15 minutes from downtown Plano
Our team regularly handles cases in both the Eastern District of Texas and the Northern District of Texas, so we are familiar with the local rules, trustee practices, and filing procedures in each court. Our team files in this court regularly and knows the trustees, the procedures, and what to expect at every step. Call (888) 584-9614 to talk with us about your situation.
Our Plano Bankruptcy Service Area
We represent individuals and families across the DFW area in bankruptcy cases, including:
• Collin County: Plano, Frisco, McKinney, Allen, Murphy, Anna, Princeton, Prosper
• Dallas County: Richardson, Dallas, Garland, Irving
• Denton County: Denton, Lewisville, Little Elm, The Colony
Need a Plano divorce lawyer? Visit our dedicated Plano divorce attorneys page. We also help clients statewide with debt lawsuit defense and estate planning.
Plano Bankruptcy Attorney: Common Questions
Costs, Chapters, and Timelines
How much does it cost to file bankruptcy in Texas?
Court costs for a consumer bankruptcy in Texas usually start with the filing fee: $338 for Chapter 7 and $313 for Chapter 13. Most people also have attorney fees and required-course costs, so the right comparison is total case cost, not just the lawyer’s base quote.
For Plano-area filers, the most useful question is what the fee includes. A standard Chapter 7 is often billed as a flat fee, while Chapter 13 fees are usually higher because the case can last three to five years and involves plan drafting, trustee issues, and court follow-through. Ask whether the quote covers the petition, schedules, means-test review, creditor communications, and representation at the 341 meeting. Also ask whether payment plans or a $0-down option are available. A lower quote is not always the better deal if key work is excluded and billed later.
What is the difference between Chapter 7 and Chapter 13 bankruptcy?
Chapter 7 is designed to erase qualifying unsecured debt faster, while Chapter 13 is designed to reorganize debt through a court-approved repayment plan. In plain terms, Chapter 7 is usually about faster discharge; Chapter 13 is usually about keeping property and curing defaults over time.
That difference matters in Plano because many households have higher incomes, mortgages, or car balances that make the chapter choice less obvious than it first appears. Chapter 7 often fits when the main problem is credit cards, medical bills, or personal loans and the filer passes the means test. Chapter 13 is often stronger when someone is behind on a home loan, needs to catch up on a car, has regular income, or does not qualify for Chapter 7. For most consumers, Chapter 11 is not the starting point because it is primarily a business reorganization chapter. The right chapter is the one that solves the pressure point in the household budget, not the one with the better-sounding label.
How long does bankruptcy take in Texas?
A straightforward Chapter 7 case often finishes in about three to four months, while Chapter 13 usually lasts three to five years because it runs through a repayment plan. Relief from collection pressure can start much sooner, because the automatic stay begins when the case is filed.
That is why timing has two parts: when protection starts and when the case ends. In many Plano-area cases, calls, lawsuits, garnishments, and foreclosure activity pause immediately after filing, but the case still has milestones to clear. Those usually include gathering financial records, completing required courses, filing the petition and schedules, and attending the 341 meeting of creditors. In the Eastern District of Texas, many consumer 341 meetings are now handled by video, which can make the process easier to navigate. Chapter 7 then moves toward discharge if no major objections arise. Chapter 13 continues through plan confirmation and monthly payments before discharge at the end of the plan.
How long does bankruptcy stay on your credit report in Texas?
Usually, Chapter 7 can appear on a credit report for up to 10 years from filing, while Chapter 13 is often reported for about 7 years. The reporting framework is national, so the same basic timelines people cite elsewhere generally apply in Texas too.
That timeline sounds scary, but it is not the whole story. Many people enter bankruptcy with late payments, charge-offs, collections, and lawsuits already dragging their scores down. Bankruptcy can hurt credit, but it can also stop the downward spiral and create a point from which rebuilding becomes possible. In practice, the better question is whether your finances improve after filing, not whether your report stays untouched. A solid recovery plan usually means paying current bills on time, checking reports after discharge for errors, and rebuilding slowly instead of chasing quick-fix credit products. The reporting period matters, but so does the fresh-start effect once the underlying debt pressure is reduced.
What Bankruptcy Can and Cannot Do
Will I lose my house if I file bankruptcy in Texas?
Usually, no. Many Texas filers keep their homes because Texas homestead protections are unusually strong, and Chapter 13 can stop a pending foreclosure and give you time to catch up on missed mortgage payments.
The key issue is whether the problem is equity or default. If your home is exempt, Chapter 7 does not automatically mean you lose it. The bigger risk is being behind on the mortgage, taxes, HOA dues, or another lien that bankruptcy does not simply erase. In that situation, Chapter 13 is often the better fit because it can spread arrears over a three- to five-year plan while you keep making current payments. Timing matters too. If a foreclosure sale is completed before the case is filed, the stay may come too late. That local timing question matters more than the blanket fear that “bankruptcy means losing the house.”
What debts cannot be discharged in bankruptcy?
Some debts usually survive bankruptcy. The most common examples are child support, spousal support, many tax debts, and most student loans unless the court grants special relief. Bankruptcy can be a powerful reset, but it is not a universal eraser.
The real issue is how each debt is treated in your case. Credit card balances, medical bills, personal loans, and many old utility accounts are often dischargeable. By contrast, support obligations stay front and center, and tax debt usually needs a closer timeline-based review. Student loans are the debt people ask about most, and they generally require a separate, harder fight rather than disappearing automatically with the bankruptcy filing. There are also debts a creditor may challenge based on fraud or similar allegations. That is why a debt-by-debt review matters. Two people can both be overwhelmed, yet get very different bankruptcy results because the debt mix is different.
Choosing and Working With a Bankruptcy Lawyer
Can I file bankruptcy without a lawyer in Plano?
Yes, you can file bankruptcy without a lawyer in Plano, but that does not mean it is wise in every case. A Plano bankruptcy attorney is usually most valuable when the case involves exemptions, means-test issues, secured debt arrears, or Chapter 13.
The risk is not just paperwork volume. Bankruptcy requires complete financial disclosures, the right exemption choices, proper notice to creditors, and compliance with local court procedures. A filing that is incomplete or strategically wrong can lead to delays, dismissal, lost protections, or unnecessary fights with the trustee or creditors. That risk is especially important in Chapter 13, where court guidance openly warns that self-represented cases are hard to complete successfully. For many people, the real value of counsel is not form-filling alone. It is having someone decide whether bankruptcy is the right tool, choose the right chapter, and spot problems before they become expensive. DIY can work in a narrow, simple case, but it is not the low-risk option many people imagine.
What should I ask a Plano bankruptcy attorney before hiring one?
Ask who will handle your case, which court they expect to file in, what the fee includes, and whether they regularly practice in the Eastern District of Texas. A good Plano bankruptcy attorney should answer those questions clearly and without pressuring you to file immediately.
The best screening questions are practical, not flashy:
- Will I work directly with the attorney, or mostly with staff or a paralegal?
- How often do you handle cases in the Eastern District of Texas and Collin County-area matters?
- Are your fees flat, what is included, and do you offer payment options?
- Should I check State Bar disciplinary history, NACBA membership, or Texas Board of Legal Specialization credentials?
You are not looking for the most dramatic sales pitch. You are looking for clear communication, local procedural familiarity, and honest advice about whether bankruptcy is the best option at all. A referral directory can be a starting point, but it should not replace checking actual court experience and public attorney records.
Talk to a Plano Bankruptcy Attorney Today
If you are struggling with mounting debt in Plano or Collin County, we are here to help. Filing for bankruptcy is not a sign of failure. It is a legal tool designed to give you a fresh start and protect your family’s future.
Call (888) 584-9614 or contact us online to schedule your free consultation. We will review your situation, explain your options, and help you take the first step toward financial freedom.
Office Location
Our office serving Plano is located at:
3600 Shire Blvd #205
Richardson, Texas 75082
Disclaimer: This page is for informational purposes only and does not constitute legal advice. Every bankruptcy case is different. Contact our office to discuss your specific situation.
