Are you looking for a Chapter 7 bankruptcy lawyer in Midland, TX?
At Leinart Law Firm, we invite you to schedule a consultation with an experienced Midland Chapter 7 bankruptcy lawyer today.
If credit cards, medical bills, or a personal loan have grown beyond what your Midland household can repay, Chapter 7 bankruptcy may allow you to discharge those debts and start over. Our Midland, TX Chapter 7 bankruptcy lawyer can review your income and assets to determine whether you qualify.
Marcus Leinart opened our firm in 2005. The firm has handled Chapter 7 cases for more than 15 years. Reach out for a consultation to learn which debts a filing would address.
Chapter 7 Bankruptcy Lawyer Midland, TX
Chapter 7 is the form of bankruptcy most individuals use to eliminate unsecured debt. A court-appointed trustee reviews the debtor’s property, sells anything that is not exempt, and distributes the proceeds to creditors. A Chapter 7 bankruptcy attorney guides the filer through eligibility, exemptions, the petition, and the meeting of creditors. The case ends with a discharge order, which releases the filer from personal liability for covered debts and bars creditors from trying to collect them. The discharge generally arrives within a few months of filing.
Midland’s median household income was $89,585 for 2020 to 2024. A filer whose household income exceeds the Texas median must also pass a means test before Chapter 7 is available.
Types of Chapter 7 Bankruptcy Cases We Handle in Midland
People seek Chapter 7 relief for many reasons, and the type of debt shapes the strategy. Some debts are discharged in full. Others survive the case or are tied to property the filer wants to keep. Our Midland Chapter 7 attorney represents clients in the following situations.
- Credit card debt. Credit card balances are unsecured and are generally discharged in Chapter 7. Recent cash advances and large charges may draw an objection from the card issuer.
- Medical bills. Hospital and physician balances are unsecured, like credit card debt. Medical expenses are among the hardships that can lead a household to file.
- Collection lawsuits and judgments. Filing stops a pending collection lawsuit through the automatic stay. In many cases, the underlying judgment debt is discharged as well.
- Wage garnishment threats. Texas rarely allows garnishment of wages for ordinary consumer debts, although some obligations can still reach a paycheck. We can explain which of those apply to you.
- Repossession. The deficiency balance still owed after a car is sold at auction is usually dischargeable. Owners who still have the vehicle can decide whether to keep it or surrender it.
- Foreclosure. Chapter 7 does not cure past-due mortgage payments. Discharging other debt can still free income for the house payment. In some cases, Chapter 13 is the better fit for a homeowner who is behind.
- Personal loans and payday loans. Signature loans and most payday advances are unsecured. They are typically discharged along with the filer’s other unsecured debt. Title loans are secured by the vehicle and are handled differently.
- Debts left after a divorce. A creditor can still pursue both spouses on a joint account, even when the divorce decree assigned that debt to the other party. Chapter 7 may discharge your personal liability for joint marital debts, although support obligations remain.
- Tax debts. Income taxes that meet certain age and filing requirements can be discharged in Chapter 7. Recent tax debts generally survive the case.
- Accounts held by debt buyers. Accounts sold to a debt buyer remain unsecured and are typically discharged with the filer’s other unsecured debt.
- Small business debts personally guaranteed by the owner. A sole proprietor or guarantor may discharge personal liability for business obligations. The business itself may need separate planning.
Why Choose Leinart Law Firm as My Chapter 7 Bankruptcy Lawyer in Midland, TX?
Experience Measured in Filings
Marcus Leinart has filed thousands of bankruptcy cases since he was licensed in Texas in 1995. Our attorneys focus solely on bankruptcy and debt relief. Since opening in 2005 with a single employee, the firm has grown into a practice with several attorneys.
Marcus has helped clients reach the following outcomes:
- Discharging overwhelming unsecured debt
- Halting lawsuits and wage garnishments
- Preventing bank account freezes
- Keeping homes and vehicles when possible
Clear Explanations Before You File
Marcus works closely with each client to explain what a filing would do to the home, car, and household goods. He earned his law degree from Texas Tech’s law school and is a member of the NACBA, a national organization for attorneys who represent consumer debtors. If Chapter 13 would protect more of your property than Chapter 7, a bankruptcy lawyer in Midland, TX should explain that difference before any petition is filed.
The first consultation is free and confidential. You speak directly with one of our attorneys. We listen to how the debt built up, review what you own, and outline the paths available. There is no obligation to hire us afterward.
What Is Important To Understand About Chapter 7 Bankruptcy Cases?
Chapter 7 vs. Chapter 13 and What Qualifies
The two consumer chapters reach a fresh start by different routes. A Chapter 7 bankruptcy lawyer in Midland can compare them against your income, debts, and property.
- Chapter 7 liquidation: The trustee may sell nonexempt property.
- Chapter 13 reorganization: The debtor repays part of the debt through a plan lasting several years and keeps their property.
- The means test: Filers with income above the Texas median complete a means test calculation to determine whether Chapter 7 is available.
- Exemptions: Texas law and federal law each provide a set of exemptions, and the filer chooses one. The Texas set protects a homestead and a wide range of personal property.
- Debts that survive: Child support, alimony, most student loans, and certain taxes are generally not discharged.
What Are Important Aspects of a Chapter 7 Case?
The issues below can affect the outcome of a Chapter 7 case.
- Complete and accurate schedules listing every asset, debt, and source of income
- Property transfers and payments to relatives in the period before filing, which a trustee may review
- The credit counseling requirement before filing and the separate financial management course required after filing
- Decisions about secured debts, such as whether to keep and continue paying for a car
- Large or unusual purchases made shortly before the case is filed
A filing made too soon after a large tax refund, an inheritance, or a property sale can expose money the filer meant to protect. An attorney can help select a filing date that fits the client’s circumstances and explain the mistakes to avoid in the months leading up to that date.
What Is the Chapter 7 Bankruptcy Case Timeline?
Most Chapter 7 cases conclude within a few months of filing. A typical case moves through the following stages in order.
- Completing a credit counseling course from an approved agency
- Filing the petition, schedules, and statement of financial affairs
- The automatic stay taking effect on the date of filing
- The 341 meeting of creditors, where the trustee asks questions under oath
- Completion of the debtor education course
- Entry of the discharge order, usually a few months after the case begins
What Should You Bring to Your Chapter 7 Consultation?
The consultation is most useful when we can review your actual figures. Please bring the following documents if you have them.
- Pay stubs or other proof of income for the past six months
- Your two most recent federal tax returns
- Recent statements for credit cards, loans, and collection accounts
- Any lawsuit papers, judgments, or garnishment notices
- A list of significant property, such as vehicles, retirement accounts, and real estate
A Midland Chapter 7 attorney can review these documents, estimate whether you qualify, and explain what a filing would mean for your property and credit. We can then recommend the chapter that best fits your circumstances.
Western District of Texas Bankruptcy Court and Local Resources
Chapter 7 cases filed by Midland County residents are assigned to the Midland Division of the U.S. Bankruptcy Court for the Western District of Texas. Midland residents considering Chapter 7 can also turn to these resources:
- Legal Aid of NorthWest Texas, which assists income-eligible Midland County residents with bankruptcy and collection matters
- Self-help materials from the Western District bankruptcy court for filing without an attorney, covering required forms, filing fees, and fee waivers
Reach Out to Leinart Law Firm to Schedule a Consultation
Chapter 7 can end the collection calls and give your household a fresh start. Our Midland Chapter 7 bankruptcy lawyer can tell you whether you qualify, which of your debts would be discharged, and what property Texas exemptions would protect. Leinart Law Firm does not charge for an initial bankruptcy consultation. Contact us to find a time that works for you.