Are you looking for a Chapter 13 bankruptcy lawyer in Irving?
At Leinart Law Firm, we have built a Chapter 13 bankruptcy practice on more than 15 years of client representation.
If you are behind on your mortgage or car loan and want to keep the property, an Irving, TX Chapter 13 bankruptcy lawyer can explain how a repayment plan would work and what it would require. Chapter 13 reorganizes debt rather than eliminating it outright, and it protects property that Chapter 7 might not.
Marcus Leinart established our firm in 2005, and we represent consumer debtors in Chapter 7 and Chapter 13 cases throughout Dallas County.
Contact us to discuss whether a repayment plan fits your circumstances.
Chapter 13 Bankruptcy Lawyer Irving, TX
A Chapter 13 bankruptcy lawyer designs and guides a court-supervised repayment plan that allows an individual with regular income to reorganize debt over three to five years. The attorney calculates what the plan must pay, proposes it to the court, responds to objections from the trustee or creditors, and assists the filer through confirmation and the years of payments that follow. At the end of a completed plan, qualifying remaining debt is discharged.
Chapter 13 accounts for a large share of filings in the district that serves Irving. The Northern District of Texas recorded 4,572 Chapter 13 cases during the 12 months ending December 31, 2025. That figure represents more than a third of all bankruptcy filings in the district over the period.
Types of Chapter 13 Bankruptcy Cases We Handle in Irving
Chapter 13 suits situations in which the filer wants to keep property, has income that exceeds the Chapter 7 limit, or owes debts that a Chapter 7 discharge would not resolve. The situations below are the ones Irving clients most often bring to us.
- Foreclosure. Filing stops a scheduled foreclosure sale, and the plan allows missed mortgage payments to be repaid over its duration while regular payments resume. This is the most common reason homeowners choose Chapter 13.
- Mortgage. Beyond stopping a sale, a plan can address escrow shortages and disputed arrears. Where a second mortgage or home equity line is entirely unsecured because the home’s value does not reach it, the plan may be able to treat that lien as unsecured debt.
- Car loan arrears. Missed vehicle payments can be caught up through the plan, preventing repossession. In some circumstances, the amount owed on an older vehicle loan can be reduced to the vehicle’s value.
- Wage garnishment. Support arrears and tax debt, which can be collected from wages in Texas, can be restructured into the plan rather than withheld from each paycheck.
- Tax debt. Priority tax obligations must be paid in full through the plan, but spreading them across three to five years without continued levies is often far more manageable than negotiating with the IRS directly while collection continues.
- Support arrears. Past-due child support and spousal maintenance cannot be discharged, but a plan can pay the arrears over time while current support continues.
- Co-signed debts. Chapter 13 includes a protection that can shield a co-signer on a consumer debt from collection while the plan is in effect, which matters when a relative or friend guaranteed the loan.
- Nonexempt property. A filer who owns property beyond what Texas exemptions protect can keep it in Chapter 13 by paying unsecured creditors at least what they would have received in a liquidation.
- Above-median income. Filers whose household income is too high for Chapter 7 can still obtain relief through a plan, which often pays unsecured creditors only a portion of what they are owed.
Why Choose Leinart Law Firm as my Chapter 13 Bankruptcy Lawyer in Irving, TX?
Northern District Admission and Local Membership
Marcus Leinart has practiced law in Texas since 1995 and is admitted before the United States Bankruptcy Court for the Northern District of Texas, where Irving cases are filed, and belongs to the Dallas Bar Association and the National Association of Consumer Bankruptcy Attorneys, or NACBA. Clients who want to compare Chapter 13 against other options can speak with our bankruptcy lawyer in Irving, TX about the full range of relief available.
Experience With Multi-Year Plans
A Chapter 13 case lasts years rather than months, and a plan that is drafted carelessly can fail long after it is confirmed. Realistic budgeting at the outset, and accurate figures for every secured and priority claim, are what allow a plan to reach completion rather than dismissal. Our attorneys have handled Chapter 13 matters for consumer debtors since the firm opened.
- More than 15 years representing debtors in Chapter 7 and Chapter 13 cases
- A filing history in the thousands that began when the firm opened in 2005
- A practice that handles bankruptcy and debt relief and nothing else
- Client reviews from filers who completed their cases
Understanding Chapter 13 Bankruptcy Cases
How a Chapter 13 Plan Is Structured and Who Qualifies
Chapter 13 is available to individuals with regular income whose debts fall within federal limits, and the plan’s terms are shaped by that income.
- The plan runs three years for filers below the Texas median income and generally five years for those above it
- Mortgage and vehicle arrears are cured through plan payments while regular payments continue
- Priority debts, including recent taxes and support arrears, are paid in full over the life of the plan
- Unsecured creditors receive what the filer’s disposable income allows, which is often a fraction of the balance
- The automatic stay protects the filer, and a separate co-debtor stay protects many co-signers
- Qualifying debts that remain at the end of a completed plan are discharged
The plan must also pay unsecured creditors at least as much as they would have received if the filer’s nonexempt property had been liquidated, which is why the value of what a filer owns influences the payment amount.
What Are Important Aspects of a Chapter 13 Case?
A plan succeeds or fails on whether the payment is realistic for the full term, so the planning stage deserves as much attention as the filing.
- A payment the household can sustain for three to five years, not merely at the outset
- Accurate figures for mortgage arrears, which the servicer will scrutinize
- Correct treatment of the vehicle loan, including whether the balance can be reduced
- Identification of every priority debt that must be paid in full
- A plan for handling changes in income, since missed Chapter 13 payments can lead to dismissal
- Awareness of which property you can keep and how it affects the plan
Plans can often be modified after confirmation if circumstances change, but a modification requires court approval and is easier to obtain when problems are raised early.
What Is The Chapter 13 Case Timeline?
The filing stage moves quickly, and the plan itself then continues for several years. Filers should expect to remain in contact with the trustee’s office throughout, and to provide updated income information when it is requested.
- Credit counseling is completed and the petition, schedules, and proposed plan are prepared
- Filing triggers the automatic stay and halts foreclosure, repossession, and collection
- Plan payments to the trustee begin shortly after filing
- The meeting of creditors takes place, followed by a confirmation hearing on the plan
- Payments continue for three to five years under the trustee’s supervision
- The plan may be modified during that period if income or expenses change substantially
- A financial management course is completed and the discharge is entered at the end of the plan
What Should You Bring to Your Chapter 13 Consultation?
Chapter 13 calculations depend on precise figures, so documents are more useful than estimates.
- Pay stubs and recent tax returns for everyone in the household with income
- Mortgage statements showing the regular payment and the amount past due
- Vehicle loan statements and the approximate value of each vehicle
- Any foreclosure notice, repossession notice, or garnishment order
- Records of tax debt, support obligations, and other priority claims
- A list of household expenses and other debts
- Any prior bankruptcy filings and their dates
The consultation usually takes under an hour, and no commitment to file is expected at the end of it. You will leave knowing whether Chapter 13 fits, roughly what the plan payment would be, and how it would protect your home or vehicle.
Irving Bankruptcy Court and Local Resources
Chapter 13 cases from Irving are filed in the Dallas Division of the United States Bankruptcy Court for the Northern District of Texas, which lists its court locations online, and the judiciary’s Bankruptcy Basics guide includes a dedicated explanation of Chapter 13. The federal judiciary describes the role of the standing trustee who collects plan payments on its page for trustees and administrators, and filers satisfy the pre-filing course requirement through one of the approved counseling agencies designated by the U.S. Trustee Program.
Reach Out to Leinart Law Firm to Schedule a Consultation
The first consultation is free. We will review your income, your arrears, and your other debts, then explain whether a Chapter 13 plan would let you keep your property and what the payment would look like. Contact us to request a time to meet, and we will respond promptly.