Bankruptcy Attorneys in Texas

Bankruptcy is federal law, but what a Texas filer keeps depends heavily on Texas exemptions. Texas protects a homestead without a dollar cap, within acreage limits, and protects personal property up to $50,000 for a single adult or $100,000 for a family (Property Code §§ 41.002, 42.001). Federal law adds its own limits, and the timing of a filing, prior cases, and the kind of debt all change the outcome. A bankruptcy attorney evaluates which chapter fits, what property is protected, and which debts will survive.

Filing a petition triggers the automatic stay, which in most cases stops collection calls, lawsuits, and foreclosure. There are exceptions. If an individual debtor had one case pending and dismissed within the previous year, the stay generally terminates on the 30th day with respect to the debtor unless the court extends it (11 U.S.C. § 362(c)(3)). In the Fifth Circuit, which covers Texas, that termination does not end the stay as to property of the bankruptcy estate (Rose v. Select Portfolio Servicing, Inc., 5th Cir. 2019). If two or more cases were pending and dismissed within the year, the stay does not go into effect when the new case is filed, although a party in interest can ask the court within 30 days to order a stay (§ 362(c)(4)). Both rules have exceptions, such as for a case refiled under another chapter after a means-test dismissal. Domestic support collection also continues in many situations. Creditors on the other side of a bankruptcy are covered in the guide to collections and creditor rights attorneys in Texas.

What Bankruptcy Attorneys Handle

Chapter 7 Liquidation

For an individual, Chapter 7 discharges most unsecured debt, such as credit cards, medical bills, and personal loans. A corporation or partnership can also liquidate under Chapter 7, but it does not receive a discharge, because only an individual debtor can be granted a Chapter 7 discharge (11 U.S.C. § 727(a)(1)). A trustee can sell non-exempt property for creditors, but many Texas filers keep everything because of the state exemptions. For an individual whose debts are primarily consumer debts, the court can dismiss a Chapter 7 case, or convert it with the debtor’s consent, if granting relief would be an abuse, and the means test, which compares the filer’s income with state median figures and allowed expenses, is how abuse is presumed (11 U.S.C. § 707(b)). The means test does not apply in the same way to companies or to individuals whose debts are primarily business debts. Attorneys apply the means test where it applies, choose between the Texas and federal exemption schemes, and prepare the schedules.

Chapter 13 Repayment Plans

Chapter 13 sets up a plan lasting three to five years. It can let a debtor catch up on mortgage arrears and stop a foreclosure, restructure some vehicle loans, and pay priority debts such as recent taxes over time, with unsecured creditors receiving what the plan provides. Attorneys build plans the court will confirm and the debtor can complete.

Business Bankruptcy

Chapter 11 lets a business keep operating while it restructures its debt. Subchapter V is a streamlined Chapter 11 path for qualifying small businesses. A business can also liquidate under Chapter 7, but a company that does so does not receive a discharge of its debts. For owners, a key issue is personal liability on guaranties, which a company’s bankruptcy does not discharge.

Exemption Planning and Limits

Texas homestead protection has no dollar cap but is limited by area: up to 10 acres for an urban homestead, and up to 200 acres for a rural family homestead or 100 acres for a single adult (Property Code § 41.002). Federal law caps the homestead value a debtor can protect if the interest was acquired within 1,215 days before filing; for cases filed on or after April 1, 2025, the cap is $214,000, with an exception for value rolled over from a previous home in the same state (11 U.S.C. § 522(p)). Recent moves, recent home purchases, and transfers before filing are where planning mistakes happen.

How to Choose a Bankruptcy Attorney

Board certification. The Texas Board of Legal Specialization certifies attorneys in Consumer Bankruptcy Law and in Business Bankruptcy Law. Ask which applies to your case.

Local practice. Each Texas federal district has its own local rules and trustees. Ask how often the attorney files in your district and handles cases like yours.

Fee clarity. Ask for a written explanation of the attorney’s fee, the court filing fee, and the required credit counseling and debtor education courses before you sign. Costs and fees are covered below.

Support through the case. Chapter 13 cases run three to five years. Ask whether the fee covers motions, plan modifications, and creditor disputes during the plan.

Texas Bankruptcy Attorneys

Allmand Law Firm, PLLC

Location: Dallas, Fort Worth, Houston, San Antonio (multiple Texas offices)

Website: https://allmandlaw.com

Phone: (214) 265-0123

Reed Allmand is certified in Consumer Bankruptcy by the Texas Board of Legal Specialization. The firm focuses on consumer bankruptcy matters, handling Chapter 7 and Chapter 13 filings throughout Texas. Their approach emphasizes education, offering free financial analysis sessions before engagement to ensure bankruptcy is the right solution.

Practice Focus: Chapter 7 liquidation, Chapter 13 reorganization, foreclosure defense, wage garnishment prevention, credit score recovery strategies

Toronjo & Prosser Law

Location: Dallas-Fort Worth, Texas

Website: https://www.t-plaw.com

Phone: (214) 932-1180

This firm provides full-service debt relief to individuals, families, and small business owners throughout the Dallas-Fort Worth area. The attorneys understand that financial distress often results from circumstances beyond individual control and approach each case without judgment. They handle Chapter 7 individual and business bankruptcies, Chapter 13 reorganization, and provide guidance on non-bankruptcy alternatives when appropriate.

Practice Focus: Chapter 7 personal and business bankruptcy, Chapter 13 debt restructuring, creditor lawsuits, foreclosure defense, business loan defaults

Lovein Ribman, P.C.

Location: Dallas-Fort Worth, Houston, Austin (statewide practice)

Website: https://loveinribman.com

Phone: (888) 368-2483

While primarily recognized for construction law expertise, Lovein Ribman maintains a bankruptcy practice representing creditors and businesses in Chapter 7 and Chapter 11 cases. The firm protects secured creditor interests in bankruptcy proceedings and guides businesses through debt restructuring and reorganization. Their construction law background proves particularly valuable when construction companies or related businesses face financial distress.

Practice Focus: Chapter 7 and Chapter 11 business bankruptcy, creditor representation, secured transactions, debt restructuring, asset acquisitions in bankruptcy

Costs and Fees

Consumer bankruptcy attorneys commonly quote a flat fee. Chapter 7 attorney fees are usually collected before filing, while Chapter 13 attorney fees can often be paid partly through the plan, subject to court approval. The court charges a filing fee of $338 for Chapter 7 ($245 filing fee, $78 administrative fee, and $15 trustee fee) and $313 for Chapter 13 ($235 filing fee and $78 administrative fee) (28 U.S.C. § 1930; Bankruptcy Court Miscellaneous Fee Schedule). An individual can apply to pay the filing fee in up to four installments, and a Chapter 7 filer with qualifying low income can apply to have it waived (Federal Rule of Bankruptcy Procedure 1006). Credit counseling before filing and a debtor education course after filing are required and carry their own provider fees. Business cases under Chapter 11 are usually billed hourly against a retainer and require court approval of fees.

Frequently Asked Questions

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

Many Texas filers keep both. The homestead is protected without a dollar cap but within acreage limits, and the federal $214,000 cap applies to value acquired within 1,215 days before filing. A motor vehicle for each family member or single adult who holds a driver’s license (or who relies on someone else to drive for them) is exempt, counted within the $50,000 or $100,000 personal property limit (Property Code § 42.002). A car loan or mortgage still has to be paid to keep the collateral. Qualified retirement accounts are generally protected, though IRA balances can be subject to a federal cap.

How long does bankruptcy stay on my credit report?

The Fair Credit Reporting Act allows a bankruptcy to be reported for up to 10 years from the order for relief (15 U.S.C. § 1681c). Credit reporting agencies commonly remove a completed Chapter 13 case sooner. Recovery of a credit score depends on how the filer uses credit after discharge.

Can bankruptcy eliminate tax debt?

Some income taxes can be discharged. The general conditions are that the return was last due, including extensions, more than three years before filing; that the return was filed more than two years before filing; and that the tax was assessed more than 240 days before filing (11 U.S.C. §§ 507(a)(8), 523(a)(1)). Taxes on a fraudulent return, taxes the debtor willfully tried to evade, and trust fund taxes such as withheld payroll taxes are not discharged. A return filed late can create a separate dischargeability problem, so the filing history should be reviewed before relying on these rules.

Does my company’s bankruptcy end my personal guaranty?

No. A business bankruptcy does not discharge the owner’s personal guaranty. The lender can pursue the guarantor unless the guaranty is resolved in a negotiated settlement or the owner files a personal case.

Sources

• Texas Property Code: § 41.002, homestead definition; § 42.001, personal property exemption limits; § 42.002, exempt personal property
• U.S. Bankruptcy Code: 11 U.S.C. § 362, automatic stay; Rose v. Select Portfolio Servicing, Inc., No. 19-50598 (5th Cir. Dec. 10, 2019); § 507, priorities; § 522, exemptions; § 523, exceptions to discharge; § 707, dismissal and the means test; § 727, Chapter 7 discharge
• Fees: 28 U.S.C. § 1930; Bankruptcy Court Miscellaneous Fee Schedule; Federal Rule of Bankruptcy Procedure 1006
• Fair Credit Reporting Act: 15 U.S.C. § 1681c

Disclaimer: This directory is provided for informational purposes only and does not constitute legal advice, endorsement, or recommendation of any attorney or law firm. Information about attorneys and law firms was compiled from publicly available sources and may not be current or accurate. We make no representations or warranties about the qualifications, experience, or quality of any attorney listed. Always verify attorney credentials with the State Bar of Texas, confirm current contact information, and conduct your own due diligence before hiring legal counsel. No attorney-client relationship is created by use of this directory.