Bankruptcy Myths Archives - Rubin & Associates

Chapter 7 vs Chapter 13 in Texas: Which Is Right for You?

Chapter 7 vs. Chapter 13 bankruptcy in Texas

Most people who consider bankruptcy in Texas face the same first question: should I file Chapter 7 or Chapter 13? The two chapters work very differently, and it is important to understand the differences. Chapter 7 eliminates qualifying debt in a matter of months. Chapter 13 restructures debt into a court-supervised repayment plan that lasts three to five years. Neither is better in the abstract. The right choice depends on your income, your assets, whether you are behind on secured debts like a mortgage or car loan, and what you need the bankruptcy to accomplish. This guide compares the two chapters side by side so you can understand which path fits your situation.

Chapter 7 bankruptcy at a glance

A Chapter 7 bankruptcy is often called liquidation bankruptcy, although in Texas the name is misleading. A court-appointed trustee is authorized to sell non-exempt assets and distribute the proceeds to creditors. In practice, Texas exemption law is among the most generous in the country, so the large majority of Chapter 7 filers keep everything they own. Cases with no assets for the trustee to administer are called no-asset cases, and they are the norm, not the exception. (more…)

By Mark Rubin|2026-10-07T09:32:37-05:00October 7th, 2026|Bankruptcy, Bankruptcy Myths, Debt, Foreclosure in Texas, Personal Finance, Repossession, Student Loan Debt, Texas Bankruptcy|

How much does it cost to file Chapter 7 bankruptcy in Dallas?

The short answer: what Chapter 7 costs in Dallas

If you are considering Chapter 7 bankruptcy in Dallas, Texas, the total cost for most filers falls between $2,000 and $3,500. That total comes from three parts, and only one of them varies much from person to person.

Court filing fee: $338
Two required education courses: about $40 to $100
Attorney fee: typically $1,500 to $2,500 in Dallas for a standard Chapter 7 case

Straightforward cases with little property and modest income can cost less than $2,000 all in, especially if you qualify for a filing fee waiver. Complex cases with business debt, multiple properties, or creditor disputes can exceed $4,000. The rest of this page explains exactly what each part costs and what moves your case up or down within that range. (more…)

By Mark Rubin|2026-10-01T09:46:15-05:00September 28th, 2026|Bankruptcy, Bankruptcy Myths, Debt, Financial, Foreclosure in Texas, Personal Finance, Repossession, Texas Bankruptcy|

What do I do if i can’t pay my credit card debt?

Missing one credit card payment is stressful. Missing several is worse. The calls start, the interest charges pile up, and the balance grows faster than you can pay it down. If you are in that position right now, you have more options than you probably realize, and doing nothing is the only choice that never improves the situation.

Here is a clear look at what is actually available to you in Texas, and how to tell which path fits your circumstances.

Start with an accurate picture

Before you decide anything, write down every account, the balance, the interest rate, and the minimum payment. Then compare that total against what you have left each month after housing, food, transportation, and utilities. If the gap is small and temporary, a short term fix may be enough. If the gap is large, or if the balances keep growing even while you pay, you are dealing with a structural problem, and short term fixes will only delay the outcome. (more…)

By Mark Rubin|2026-08-27T11:14:08-05:00August 27th, 2026|Bankruptcy, Bankruptcy Myths, Debt, Financial, Personal Finance|

Is there a minimum age to qualify for bankruptcy?

Bankruptcy is often (incorrectly) thought of as a tool for people who have spent decades accumulating debt, so it surprises many people to learn that federal law does not attach an age requirement to it at all. Parents of college students ask about it. Young adults buried in credit card balances ask about it. Occasionally a family asks whether a teenager who has run up debt has any options. The answer involves both what the law technically allows and what actually happens in practice, and those two things are very different. (more…)

By Mark Rubin|2026-08-21T16:33:46-05:00August 21st, 2026|Bankruptcy, Bankruptcy Myths, Debt, Financial|

What is the 341 meeting of creditors in a bankruptcy case?

If you are preparing to file for bankruptcy in Texas, you will hear about something called the 341 meeting of creditors. For many people, the name alone is enough to cause worry. It sounds formal, and the idea of facing a room full of creditors can feel overwhelming. The reality is much simpler and far less stressful than most people expect. The 341 meeting is a required but routine part of the bankruptcy process, and understanding what happens can take away most of the anxiety around it.

Below is a clear explanation of what the 341 meeting is, why it exists, who attends, and how to prepare so that everything goes smoothly. (more…)

By Mark Rubin|2026-07-01T10:50:45-05:00July 1st, 2026|Bankruptcy, Bankruptcy Myths, Debt, Financial, Texas Bankruptcy|

Can you rent an apartment during a bankruptcy case?

If you are struggling financially and facing bankruptcy in Texas, you are probably worried about more than just your debts. You are worried about the day-to-day reality of life: keeping a roof over your head, getting to work, and finding a place to live if you need to move. One of the most common questions people in the Dallas area ask is whether they can rent an apartment while a bankruptcy case is active. The short answer is yes. The longer answer involves a few details worth understanding before you start your apartment search. (more…)

By Mark Rubin|2026-08-21T15:38:53-05:00May 28th, 2026|Bankruptcy, Bankruptcy Myths, Debt, Financial, Foreclosure in Texas, Personal Finance, Texas Bankruptcy|

Will it affect your spouse if you file for bankruptcy?

If you are considering bankruptcy and you are married, one of the first questions on your mind is probably about your spouse. Will your decision hurt their credit? Will it affect their property? Will they have to file too? These are smart questions to ask, and the answers depend on a few specific details about your situation.

The short answer is that filing bankruptcy on your own does not automatically put your spouse into bankruptcy with you. In most cases, your spouse can keep their separate credit, their separate property, and their financial independence. There are exceptions, however, and Texas community property law adds some wrinkles that are worth understanding before you file. (more…)

By Mark Rubin|2026-06-29T08:57:49-05:00April 27th, 2026|Bankruptcy, Bankruptcy Myths, Debt, Financial, Personal Finance, Texas Bankruptcy|

Will you keep the equity in your car if you file for bankruptcy?

“Will I keep the equity in my car if I file for bankruptcy?” This is one of the common questions people ask when they first walk into our office. They are worried about losing their vehicle — their way to get to work, drop the kids off at school, and keep their lives running. The short answer is: in most cases, yes, you can protect your car equity when you file for bankruptcy. But the full answer depends on which chapter you file and how much equity you have. Let me walk you through how this works. (more…)

By Mark Rubin|2026-06-29T08:58:34-05:00March 30th, 2026|Bankruptcy, Bankruptcy Myths, Debt, Financial, Repossession, Texas Bankruptcy|

Is there a minimum debt limit to file for bankruptcy?

One of the common questions we hear from potential clients is: “Is there a minimum debt limit to file for bankruptcy?” Many people assume that bankruptcy is only for individuals with overwhelming six-figure debt. Others worry that their debt is “not bad enough” to qualify for relief. The truth is simple and reassuring.

There is no minimum debt limit to file for bankruptcy.

If you are struggling to keep up with your financial obligations, bankruptcy may be an option worth exploring, regardless of whether you owe $10,000 or $10,000,000.

We have helped Dallas-area individuals and families across every spectrum of financial hardship. We have successfully filed bankruptcy cases for clients with as little as $10,000 to $15,000 in debt. We have also represented individuals with hundreds of thousands or even millions of dollars in obligations. Bankruptcy relief is not determined by a specific minimum debt threshold. It is determined by whether filing would meaningfully improve your financial situation. (more…)

By Mark Rubin|2026-06-29T08:59:04-05:00February 28th, 2026|Bankruptcy, Bankruptcy Myths, Debt, Financial, Money Management, Personal Finance, Texas Bankruptcy|

Is your house protected in a bankruptcy case?

For many people considering bankruptcy, the single biggest concern is their home. Nearly every client we work with asks “Is the equity in my house protected if I file bankruptcy?” This is an entirely reasonable question, and the fear of losing your home often stems from misinformation and myth. Your home is likely your largest asset, and protecting it is a top priority for most families. The good news is that bankruptcy laws are specifically designed to protect homes and the equity built into them, especially here in Texas. (more…)

By Mark Rubin|2026-06-29T08:59:47-05:00January 29th, 2026|Bankruptcy, Bankruptcy Myths, Debt, Foreclosure in Texas, Texas Bankruptcy|