Are you looking for a bankruptcy lawyer in McKinney, TX?
At Leinart Law Firm, we are trusted bankruptcy lawyers serving clients across McKinney and the surrounding area.
If your debts have grown beyond what your income can repay, filing bankruptcy in McKinney may stop the collection activity, and our attorneys can tell you which chapter fits your finances. Our McKinney, TX bankruptcy lawyer prepares and files Chapter 7 and Chapter 13 cases for individuals, families, and small business owners, then represents each client through the discharge.
Leinart Law Firm has represented debtors since 2005, and our founder earned his Texas law license in 1995. Schedule a consultation to learn which options apply to you.
Bankruptcy Lawyer McKinney, TX
A bankruptcy lawyer represents a person or small business in a federal case that discharges debts or reorganizes them under a court-approved plan. A judge supervises the case and a trustee administers it, while the lawyer speaks for the debtor from the means test through any creditor objections.
At the end of June 2026, the bankruptcy court for the Eastern District of Texas, which hears McKinney cases, had 5,140 Chapter 13 cases pending. A Chapter 13 case stays open until the filer makes the final plan payment, so choosing that chapter is a commitment measured in years. Weighing it against a much shorter Chapter 7 case is the first decision a McKinney bankruptcy attorney helps a client make.
Types of Bankruptcy Cases We Handle in McKinney
Consumer bankruptcy cases in McKinney are filed under Chapter 7 or Chapter 13, and the chapter decides what happens to each debt and each asset. Our bankruptcy attorneys in McKinney handle both chapters, small business filings, and the collection problems that lead clients to consider them.
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Chapter 7 bankruptcy. Filers who pass the Chapter 7 means test can discharge credit card balances, medical bills, and personal loans with no plan payments. We prepare the schedules, claim the exemptions that protect the client’s property, and represent the client before the trustee.
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Chapter 13 bankruptcy. Chapter 13 suits filers with regular income who need time rather than an immediate discharge, such as a homeowner behind on the house payment or a household with recent tax debt. We draft the plan, present it for confirmation, and answer objections from the trustee or creditors.
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Business bankruptcy. A sole proprietor can include business debts in a personal Chapter 7 or Chapter 13 case, while a small company that is closing may liquidate through Chapter 7. Owners learn before filing which debts the case will resolve and which personal guarantees remain.
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Credit card debt. Card balances are unsecured, so they are generally discharged in Chapter 7 or paid in part through a Chapter 13 plan. When a card issuer or debt buyer has already sued, the bankruptcy filing halts that lawsuit.
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Foreclosure. Once a sale date is posted, the petition must be on file before the auction for the automatic stay to protect the home. We match the filing date to the sale date and build a plan that addresses the missed payments.
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Mortgage. In a Chapter 13 case, the servicer’s proof of claim lists the arrears, fees, and escrow charges it says are owed. We compare that claim with the client’s payment history and object to charges the records do not support.
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Wage garnishment. When wages are being withheld for unpaid taxes or a defaulted federal student loan, a bankruptcy filing generally stops the withholding. Child support withholding continues during the case, though Chapter 13 can schedule support arrears for repayment through the plan.
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Car repossession. If a vehicle has been taken but not yet sold, a prompt Chapter 13 filing may allow the owner to recover it and catch up through the plan. After a sale, the lender’s claim for the shortfall can be included with the client’s other debts in either chapter.
Why Choose Leinart Law Firm as My Bankruptcy Lawyer in McKinney, TX?
A Career Spent Representing Individuals
Marcus Leinart has devoted his legal career to individuals and families rather than large corporations. He began at personal injury and bankruptcy firms, where he saw how aggressive creditors and unfair lending practices affect people carrying heavy debt, and he founded our firm to serve people in that position. Marcus grew up in Sherman, the city that gives the court’s Sherman Division its name, and has volunteered as a youth football coach at Sherman High School for more than 20 years.
He belongs to the National Association of Consumer Bankruptcy Attorneys, a national organization devoted to protecting the rights of consumer debtors.
Relief for Thousands of North Texas Clients
Since 2005, our firm has represented individuals, families, and small business owners across the Dallas–Fort Worth area.
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Thousands of clients have filed bankruptcy and obtained debt relief with our help.
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Chapter 7, Chapter 13, and business bankruptcy cases have been central to our work across more than 15 years.
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The practice Marcus Leinart opened with a single employee now includes several attorneys working from the firm’s Dallas and Fort Worth offices.
Understanding Bankruptcy Cases
Chapter 7 vs. Chapter 13 and What Qualifies
Chapter 7 and Chapter 13 resolve debt in different ways, and federal law sets the eligibility rules for each.
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Chapter 7 discharges most unsecured debt after a trustee reviews the case and administers any property that no exemption protects.
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Eligibility for Chapter 7 depends on the means test, which compares household income with the Texas median for a household of the same size.
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Chapter 13 reorganizes debt through a plan funded by the filer’s disposable income, and it is available to individuals with regular income whose debts fall within federal limits.
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Both chapters begin with the automatic stay, which halts most collection activity as soon as the petition is filed.
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Some obligations survive either chapter, including most child support, most student loans, and certain recent tax debts.
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Exemptions under Texas or federal law determine which property the filer keeps, and the filer must choose one system or the other.
What Are Important Aspects of a Bankruptcy Case?
Accurate disclosure and timing affect the result of a bankruptcy case as much as the choice of chapter does.
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Complete disclosure. Every asset, debt, and source of income must be listed, because the petition is signed under penalty of perjury and an omission can cost the filer the discharge.
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Recent transfers. Transfers of property to relatives and certain payments made before filing can be reversed by the trustee, so recent transactions are reviewed before the petition is prepared.
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Required courses. Filers complete credit counseling before the case begins and a financial management course before the discharge, and only approved course providers can issue the certificates.
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Prior filings. A previous bankruptcy can affect eligibility for a new discharge and how long the automatic stay lasts in a later case.
A McKinney, TX bankruptcy attorney reviews each of these points before a petition is filed.
What Should You Bring to Your Bankruptcy Consultation?
Bankruptcy schedules are built from financial records, so the documents you bring decide how much of the analysis can be completed at the first meeting.
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Recent pay stubs and tax returns supply the income figures used in the means test.
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Billing statements, collection letters, and any lawsuit papers identify each creditor and the amount claimed.
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Vehicle titles, mortgage statements, and bank statements show what you own and which debts are secured.
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A list of monthly household expenses supports the budget used in either chapter.
Those records allow us to tell you at the first meeting which chapter you qualify for and which assets your exemptions would protect. Clients also receive our information packet, which gathers the remaining details a bankruptcy lawyer in McKinney needs to prepare the petition.
What Is the Bankruptcy Case Timeline?
Both chapters follow the same opening steps, and they separate after the meeting of creditors.
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Before filing, the client completes credit counseling while a bankruptcy attorney in McKinney, TX prepares the petition, schedules, and statement of financial affairs.
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Filing the petition puts the automatic stay into effect and assigns a trustee to the case.
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The trustee questions the filer under oath at the 341 meeting, which in this district is held by video.
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In Chapter 13, the court then holds a confirmation hearing on the proposed plan, and the filer begins making plan payments through the trustee.
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Chapter 7 filers usually receive the discharge a few months after filing, while Chapter 13 filers receive it after the final plan payment.
Eastern District of Texas Bankruptcy Court and Local Resources
Hearings in Sherman Division cases, which include filings from McKinney, are held primarily at the court’s Plano location unless the judge directs otherwise.
The U.S. Trustee Program holds virtual meetings of creditors by Zoom in Chapter 7 and Chapter 13 cases from this district, and each trustee has a separate meeting ID.
The Region 6 U.S. Trustee oversees bankruptcy administration in the Northern and Eastern Districts of Texas, including the trustees assigned to McKinney cases.
Reach Out to Leinart Law Firm to Schedule a Consultation
A first consultation with Leinart Law Firm is free and carries no obligation to file. Our McKinney bankruptcy lawyer will review your income, debts, and property and explain what each chapter would require of you. Our office answers calls at any hour. Contact us to set a time.