Are you looking for a Chapter 13 bankruptcy lawyer in Denton, TX?
At Leinart Law Firm, we are trusted Chapter 13 bankruptcy counsel for individuals and families throughout Denton County.
If you have fallen behind on a house or a car in Denton and want to keep it, Chapter 13 is usually the chapter that makes that possible. It reorganizes debt into a court-supervised repayment plan instead of liquidating anything. Our Denton, TX Chapter 13 bankruptcy lawyer has built repayment plans for Texas households since 2005, representing consumer debtors exclusively. A free consultation will tell you what a plan would cost each month and what it would protect.
Chapter 13 Bankruptcy Lawyer Denton, TX
A Chapter 13 bankruptcy lawyer builds the repayment plan, files it with the petition, and defends it through confirmation. That plan is the case. It sets what you pay monthly, how long you pay, which creditors get paid in what order, and what happens to the arrears on your home or vehicle. The attorney also carries the case through the years it runs, because a plan that cannot be sustained is worse than no plan at all.
Chapter 13 accounted for 211,700 of the 591,850 bankruptcy cases filed nationwide in the twelve months ending March 31, 2026, up from 199,130 the year before. Cases from Denton County are heard in the Sherman Division of the Eastern District of Texas.
Types of Chapter 13 Bankruptcy Cases We Handle in Denton
Chapter 13 exists for debt that cannot simply be erased. Most of our Denton filers come in with property they want to protect or an obligation that survives any discharge. These are the situations we see most.
- Mortgage. Missed house payments are the single most common reason people file Chapter 13. The plan spreads the past-due amount across its full term while you resume the regular payment. Nothing about that requires your lender’s agreement.
- Foreclosure. Filing halts a posted sale, and a confirmed plan gives you years to cure what you owe. Texas sales move fast, and the date a case is filed often decides whether the house is still there to save.
- Vehicle loans and repossession. A car loan can be restructured inside a plan, and in some cases the balance paid is tied to what the vehicle is worth rather than the contract. A recently repossessed vehicle can sometimes be recovered.
- Credit card debt. Unsecured balances are paid only to the extent your plan can afford them. Whatever remains at the end is discharged. Many filers repay a fraction of what they owed going in.
- Tax debt. Recent income taxes cannot be wiped out, but Chapter 13 lets you pay them off over the life of the plan without further collection pressure. Older tax balances are sometimes treated as unsecured.
- Wage garnishment. A garnishment stops when the case is filed, and the underlying judgment gets folded into the plan. Your paycheck returns to normal while the debt is handled through a single monthly payment.
- Co-signed debts. Chapter 13 offers protection that no other chapter does, shielding a relative or friend who guaranteed a loan from collection while the plan is active. We ask about co-signed obligations early, because they change the math.
Why Choose Leinart Law Firm as my Chapter 13 Bankruptcy Lawyer in Denton, TX?
Two Decades of Building Repayment Plans
Our founder Marcus Leinart started this firm in 2005 and has run it as managing attorney since. Thousands of consumer filings have moved through the office since, and thousands of clients have finished them with the debt resolved. He obtained his business degree at TCU before law school, which is a useful background in bankruptcy cases. Admitted before the bankruptcy courts of both the Northern and Eastern Districts of Texas, he belongs to the Dallas Bar Association and the Tarrant County Bar Association. Choosing between chapters is the first real decision in a case, and it is one you want a bankruptcy lawyer in Denton, TX to make with you.
What a Denton Consultation Covers
The consultation is free. We total your income, subtract the expenses the court allows, and see what is left to fund a plan. That number tells you whether Chapter 13 is realistic before you commit to anything, or whether Chapter 7 might be a viable alternative. We also walk through the arrears on your house or car, since those drive the payment more than anything else. You will hear an honest answer about affordability, including when the answer is that a plan would not hold.
What Is Important To Understand About Chapter 13 Bankruptcy Cases?
The repayment plan is what separates Chapter 13 from every other form of debt relief. Understanding how it gets built, what it protects, and how long you live with it is crucial to the case.
The Chapter 13 Plan, Disposable Income, and What Gets Repaid
Every Chapter 13 case focuses on a single document. A few concepts explain how that document is built and what it accomplishes.
- Plan length is three years for filers whose income falls below the Texas median and generally five years for those above it, a distinction the Chapter 13 means test settles.
- Disposable income is what remains after allowed living expenses, and it sets the monthly payment. The figure comes from your actual budget, not a guess.
- Curing arrears is the heart of most cases, letting a filer keep a home by repaying the missed payments gradually while staying current going forward.
- Claim priority governs the order of payment, and priority claims such as support obligations and recent taxes are satisfied ahead of general unsecured debt.
- Discharge arrives at the end rather than the beginning, releasing whatever qualifying unsecured balance the plan did not repay.
What Are Important Aspects of a Chapter 13 Bankruptcy Case?
Several features of a Chapter 13 case impact daily life during the timeline of the repayment plan. Each deserves attention before you file.
- The automatic stay stops collection the day the petition is filed, which is what freezes a foreclosure sale or a garnishment already underway.
- Property you keep in Texas includes a homestead and vehicles that exemptions already protect.
- A co-debtor stay extends protection beyond the filer, and co-signer protection keeps creditors away from the person who guaranteed a consumer debt.
- Staying current matters for years, not months. Missing plan payments can lead to dismissal, though a plan can often be modified when income changes.
What Is The Chapter 13 Bankruptcy Case Timeline?
A Chapter 13 case often lasts for years due to the timeline of the repayment plan. The Chapter 13 process generally follows this order.
- Credit counseling is completed first, and the petition, schedules, and proposed plan are filed together.
- The automatic stay takes effect immediately, which ends garnishments and stops any scheduled sale.
- Plan payments begin shortly after filing, before the court has confirmed anything.
- The bankruptcy hearing with the trustee comes about a month in, followed by a confirmation hearing on the plan itself.
- You complete the plan, finish a financial management course, and the court enters the discharge.
What Should You Bring to Your Chapter 13 Bankruptcy Consultation?
Chapter 13 relies on evidence and specific figures. The more complete your figures, the more accurate our assessment. Preparing beforehand makes the first meeting far more productive.
- Recent pay stubs for everyone contributing to the household income.
- Federal returns covering the last two tax years.
- Mortgage and auto loan statements showing exactly how far behind you are.
- A list of every debt, including co-signed accounts and any judgments against you.
Expect the meeting to take under an hour, at no cost. You will leave with a realistic monthly figure and a clear sense of whether a plan works for your household.
Eastern District of Texas Bankruptcy Court and Denton Resources
Denton County filings go to the U.S. Bankruptcy Court for the Eastern District of Texas, where a standing trustee administers every Chapter 13 case in the division and receives the plan payments. The federal sources below are reliable starting points for anyone researching the chapter independently.
- The federal judiciary explains Chapter 13 basics, including how plan length is determined.
- A companion overview covers the bankruptcy process from petition through confirmation.
- The judiciary describes what bankruptcy trustees do and how standing trustees are appointed.
- Filers concerned about their reports can review how credit reporting treats a bankruptcy case.
- The court finder identifies the bankruptcy court serving any Texas county.
Reach Out to Leinart Law Firm to Schedule a Consultation
Keeping a house or a car usually comes down to acting before the deadline passes. Our Denton Chapter 13 bankruptcy attorneys offer a free consultation that covers your income, your arrears, and what a plan payment would come to each month. We respond quickly and give you a straight answer on whether you have a viable Chapter 13 bankruptcy case. Contact us to schedule a consultation.