Bankruptcy and Divorce: Which Should You File First in Texas?

bankruptcy and divorce in TexasIf you are facing a pending bankruptcy and divorce at the same time, you are probably wondering which case should be filed first in Texas. There is no correct order for everyone. For many couples, the better sequence is to file for bankruptcy first, together, and complete the divorce afterward. A joint bankruptcy case can eliminate the debts of the marriage before a divorce court divides what remains, and it does so for one filing fee. For other couples, particularly when one spouse earns substantially more than the other or when the divorce itself is contested, completing the divorce first yields a better financial outcome. The right order depends on whose names appear on the debts, how much each spouse earns, what property the couple owns, and whether the spouses can cooperate long enough to complete a joint filing.

In this blog, I will explain how the sequence changes the outcome under Texas community property law and federal bankruptcy law, so that you understand the implications of your decision. (more…)

By |2026-10-23T10:03:51-05:00October 23rd, 2026|Bankruptcy, Debt, Financial, Personal Finance, Texas Bankruptcy|

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

Chapter 7 vs. Chapter 13 bankruptcy in TexasMost 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…)

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

cost of chapter 7 bankruptcy in DallasThe 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…)

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

options for when you cannot pay credit card debtMissing 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 |2026-08-27T11:14:08-05:00August 27th, 2026|Bankruptcy, Bankruptcy Myths, Debt, Financial, Personal Finance|

How do you choose the right bankruptcy lawyer?

how to choose the right bankruptcy lawyer in DallasDeciding to file for bankruptcy is never an easy choice. By the time most people reach out to an attorney, they have already spent months worrying about mounting bills, collection calls, and the fear of losing something they have worked hard to keep. Choosing the right bankruptcy lawyer is one of the most important decisions you will make in that process, because the person you hire will shape both the outcome of your case and the way you feel while going through it. The good news is that a thoughtful, informed choice is well within your reach. Knowing what to look for makes the difference between a stressful ordeal and a steady path toward relief.

Thes three questions will help you choose the best bankruptcy attorney for your situation:

  • Does the laywer specialize in bankruptcy law?
  • Does the firm handle both Chapter 7 and and Chapter 13 cases?
  • How is the customer service – will you be treated fairly?

(more…)

By |2026-09-01T16:54:11-05:00July 30th, 2026|Bankruptcy, Debt, Financial, Personal Finance|

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…)

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…)

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…)

What is a bankruptcy trustee?

When people who are struggling with debt begin exploring the possibility of filing for bankruptcy, one of the first unfamiliar terms they encounter is usually “bankruptcy trustee.” Many clients ask us what a trustee actually does, how they fit into the process, and whether they’re there to help or to make things harder. Understanding the trustee’s role can remove a lot of uncertainty and help you feel more confident as you move through your case.

The trustee’s role in bankruptcy

A bankruptcy trustee is an impartial third party appointed to oversee your case. Trustees are not employees of the court, nor do they work for you or your creditors. Instead, they act as an administrator who ensures that all aspects of the bankruptcy process follow federal bankruptcy law and that all parties are treated fairly. (more…)

Can you file for bankruptcy more than once?

Unfortunately, sometimes bad things happen to good people more than once. An unexptected hospital bill, the loss of a job, a reduction on pay, or any other financial setback can cause spiraling debt. Sometimes, lightning does strike twice. If you are struggling with overwhelming debt and considering bankruptcy, you may be wondering whether it is possible to file for bankruptcy more than once. The answer is yes — individuals can file for bankruptcy multiple times. However, the timing between filings, the type of bankruptcy previously filed, and the outcome of that case all play critical roles in determining your eligibility and what protections you will receive.

At Rubin & Associates, we understand that financial hardship can strike more than once, even for higher-income families. Whether you have previously filed a Chapter 7 or Chapter 13 case, it is important to know how the law handles repeat filings and how we can help you strategically plan your next steps. (more…)

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