Are you looking for a bankruptcy lawyer in Texas?
At Leinart Law Firm, we are trusted bankruptcy lawyers serving clients across Texas for over 15 years.
If you’re struggling with debt and considering bankruptcy in Texas, an attorney can help you find relief and a clear path forward. Our Texas bankruptcy lawyer has guided individuals and families through consumer filings since 2005. We concentrate on personal bankruptcy rather than corporate reorganizations, and we handle each case from the first meeting through discharge. Bankruptcy is a legal process with real protections, and sound guidance shapes the outcome. Schedule a free consultation to review your finances and the options open to you.
Bankruptcy Lawyer Texas
A bankruptcy lawyer helps people use federal law to resolve debts they can no longer pay. Sometimes that means eliminating qualifying debt altogether. Other times it means restructuring what you owe into a court-supervised repayment plan. Which chapter fits depends on your income, your assets, and the kind of debt you carry.
We evaluate those factors, recommend the filing that suits your situation, and prepare the petition and schedules the court requires. We also deal with creditors directly, so that pressure shifts off you. Once a case is filed, federal law halts most collection efforts, which buys you room to address your finances without the calls and letters. Careful preparation at the start prevents many of the delays and objections that surface later.
Types of Bankruptcy Cases We Handle in Texas
Consumer debt takes many forms, and the right resolution depends on the type of obligation and where you stand financially. We represent Texas residents across the full range of consumer bankruptcy and debt matters. These are the cases we handle most often.
- Chapter 7 bankruptcy. This is the liquidation chapter. It clears most unsecured debt and usually concludes within a few months, with an income-based test deciding who qualifies. Most filers keep the property they own.
- Chapter 13 bankruptcy. Here, debt is reorganized into a three to five year repayment plan. It often suits people who have fallen behind on a mortgage and want to keep their home while catching up on the past-due balance. The plan amount reflects your income and the value of any non-exempt property.
- Business bankruptcy. Small business owners sometimes need to restructure or wind down an operation. We represent debtors in these matters and address the business obligations along with any personal guarantees attached to them. Whether the aim is reorganization or an orderly closure, we map out the steps and the risks before you commit to a filing.
- Credit card debt. Balances climb quickly once interest and fees accumulate. A filing can discharge most credit card debt, and when a full discharge isn’t available, we look at other ways to bring down what you owe.
- Debt relief. No single remedy fits every situation. We weigh the available options and recommend the approach with the best chance of lasting stability.
- Wage garnishment. When a creditor is taking part of your paycheck, filing can stop it. Restoring full wages often makes the difference in covering the month’s expenses.
- Foreclosure. Missed mortgage payments can put a home at risk. A filing halts a scheduled sale and creates time to resolve the default.
- Car repossession. Losing a vehicle can cost you your job. We help clients keep their cars and, in some cases, recover ones that have already been taken.
- Tax debt. Some older tax obligations can be discharged, though the rules for it are narrow. We review the details of each case to see whether that relief is within reach, and we’ll tell you plainly when bankruptcy isn’t the answer and another route serves you better.
Why Choose Leinart Law Firm as My Bankruptcy Lawyer in Texas?
Consumer Bankruptcy Experience Since 2005
Our founder, Marcus Leinart, opened the firm in 2005 and leads it as managing attorney. His work centers on individuals and families in bankruptcy and debt relief, not corporate reorganizations. He has held a Texas law license since 1995 and earned his law degree at Texas Tech University School of Law. He also belongs to the National Association of Consumer Bankruptcy Attorneys. Over the years, we’ve filed thousands of bankruptcy cases and helped thousands of clients put their debt behind them.
A Statewide Focus on Debt Relief
Bankruptcy and debt relief are our practice, not a secondary service, and our clients come from across Texas. Every matter starts with a free consultation. We review your income, your debts, and your goals, then tell you plainly whether filing is the right step. There’s no charge for that first conversation, and we take cases in both metropolitan and rural counties. Whatever your situation, we’ll give you a straight answer about where you stand and what relief is realistic.
Understanding Bankruptcy Cases
Bankruptcy law looks intimidating from the outside. In practice, its core ideas are more straightforward than most people assume, and understanding them makes the decision to file less daunting. Below, we cover the two main chapters, the parts of a case that carry the most weight, the general timeline, and the paperwork worth gathering before a first meeting.
Chapter 7 vs. Chapter 13 and What Qualifies
Nearly every consumer case falls under Chapter 7 or Chapter 13. The two answer different problems, and choosing the correct one drives much of the work. Your income, the property you own, and whether you’re behind on secured payments all point toward one chapter or the other.
- Chapter 7 clears most unsecured debt and usually finishes within months. An income-based means test sets who qualifies.
- Chapter 13 sets up a three to five year repayment plan and lets you keep property while paying down what’s past due.
- Exemptions shield certain property from the process. The Texas homestead exemption is among the most generous in the country.
- A discharge is the court order that erases qualifying debt once the case ends.
What Are Important Aspects of a Bankruptcy Case?
A few features of a case have an outsized effect on your property and your everyday finances. Each is worth a close look before anything is filed, because the choices you make early tend to carry through the rest of the case.
- The automatic stay takes effect the moment you file and stops most collection activity, including wage garnishment.
- Secured property like a house or a car is treated differently, and depending on the chapter, you may keep a vehicle or stay in your home.
- Full disclosure of income, assets, and debts is mandatory. An omission, even an unintentional one, can put the whole case at risk.
- Existing collection actions, including wage garnishment, generally stop once the filing is complete.
What Is the Bankruptcy Case Timeline?
How long a case runs comes down to the chapter. Chapter 7 moves quickly. A Chapter 13 case spans the entire term of the repayment plan. The steps below usually unfold in the same order, and we handle the filings and deadlines so nothing slips.
- Credit counseling comes first, usually online, before anything is filed.
- We prepare the petition and file it with schedules covering your income, debts, and property.
- The automatic stay begins on the filing date and cuts off further creditor contact.
- About a month later, you attend a meeting of creditors with the assigned trustee.
- A Chapter 7 discharge usually arrives within a few months, while a Chapter 13 discharge is issued once the plan is paid in full.
We keep you updated at each step, so nothing about the process catches you off guard.
What Should You Bring to Your Bankruptcy Consultation?
The fuller the financial picture, the more precise our guidance. A few documents help us get there at the first meeting.
- Recent pay stubs, plus federal tax returns from the past two years.
- A list of your debts, along with any collection notices or lawsuit paperwork.
- Statements for your mortgage, vehicle loan, and credit accounts.
- Bank statements and records for any significant assets.
The consultation costs nothing and rarely runs more than an hour. We’ll go through your circumstances and lay out the options that apply to you.
What Are Important Texas Legal Resources for Bankruptcy Cases?
Bankruptcy in Texas largely follows federal law, with state exemption rules. If you’d like to read up on your own, the public resources below are reliable places to start.
- The federal courts offer a broad overview in Bankruptcy Basics, covering each chapter.
- A focused summary walks through Chapter 7 basics and how liquidation works.
- A companion guide lays out Chapter 13 basics and repayment plans.
- The Department of Justice explains means testing and how income is measured.
- The U.S. Trustee Program publishes consumer information for anyone weighing a filing.
- The Texas State Law Library keeps a set of state debt guides for independent research.
Reach Out to Leinart Law Firm to Schedule a Consultation
Financial hardship is rarely as permanent as it feels at the time. We offer a free consultation to review your income, your debts, and the relief that may be available to you. We respond quickly, and we’ll tell you honestly whether filing makes sense for your situation. Contact us to set up a time to talk.