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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|

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|

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…)

By Mark Rubin|2026-06-29T09:03:20-05:00October 29th, 2025|Bankruptcy, Bankruptcy Myths, Debt, Financial, Money Management, Personal Finance, Repossession, Texas Bankruptcy|

Can you file for bankruptcy without an attorney?

For many DFW-area families, it only takes one unexpected expense to cause out-of-control debt. When debt starts to spiral, many individuals and families begin to explore the possibility of bankruptcy. One of the most common questions people ask at this early stats is “Can I file for bankruptcy without an attorney?” While it is legally possible to file a bankruptcy petition on your own, it is never a good idea to file without the guidance of an experienced bankruptcy attorney. Bankruptcy is a complex legal process with high stakes, and attempting to handle it on your own can create significant risks. (more…)

By Mark Rubin|2026-06-29T09:04:05-05:00September 26th, 2025|Bankruptcy, Bankruptcy Myths, Debt, Financial, Foreclosure in Texas, Repossession, Texas Bankruptcy|

Can you keep your stuff in a Chapter 13 bankruptcy?

One of the emost common questions we hear from potential clients is, “If I file for Chapter 13, am I going to be able to keep all of my stuff?” If you are asking this question, I want you to know that you are not alone. This is one of the most common and most understandable questions people have when they consider bankruptcy. The thought of losing your home, your car, or even your personal belongings is frightening. When you site down for a free consultation with me, my goal is to explain exactly how Chapter 13 works, why you are generally able to keep your property, and which laws provide those protections. By the end of our discussion, I want you to feel informed and reassured that bankruptcy was designed to give people a structured path to rebuild. (more…)

By Mark Rubin|2026-06-29T09:04:44-05:00August 28th, 2025|Bankruptcy, Bankruptcy Myths, Debt, Financial, Foreclosure in Texas, Repossession, Texas Bankruptcy|

Which debts are covered in a bankruptcy case?

If you are struggling with debt in the Dallas area, you may be considering bankruptcy as a potential solution. One of the most common questions we hear from potential clients is, “Which types of debt can actually be eliminated or reduced in a bankruptcy case?” The answer depends on your specific situation, the type of bankruptcy you file, and the nature of your debt.

In this post, we will break down the types of debt typically covered in a bankruptcy case, explain the difference between dischargeable and non-dischargeable debt, and help you understand your options. (more…)

By Mark Rubin|2026-06-29T09:06:34-05:00July 31st, 2025|Bankruptcy, Bankruptcy Myths, Debt, Foreclosure in Texas, Repossession, Student Loan Debt, Texas Bankruptcy|

What is the automatic stay?

When you are struggling with overwhelming debt, the pressure can feel relentless — calls from creditors, letters demanding payment, even the threat of foreclosure or repossession. But filing for bankruptcy can offer powerful relief, and one of the most immediate and impactful tools it provides is the automatic stay.

The automatic stay is a legal provision that instantly goes into effect the moment you file for bankruptcy. It’s a court-ordered injunction that stops most collection efforts in their tracks, giving you the breathing room you need to get your finances under control. (more…)

By Mark Rubin|2026-06-29T09:09:38-05:00March 28th, 2025|Bankruptcy, Debt, Financial, Foreclosure in Texas, Repossession, Taxes, Texas Bankruptcy|

Can you file for bankruptcy during a divorce?

One of the most common questions about bankruptcy is, “Can you file for bankruptcy during a divorce?” The short answer is yes, but there are several considerations to take into account before moving forward with both legal processes simultaneously. Understanding the potential advantages and complications can help you determine the best course of action for your financial future.

Bankruptcy and divorce: two separate legal processes

Bankruptcy and divorce are both complex legal matters, and while they may overlap in certain areas, they remain distinct processes. Bankruptcy is a federal legal procedure designed to help individuals eliminate or restructure debt, while divorce is a state-level legal process that involves the division of assets, liabilities, and determining responsibilities such as spousal or child support. (more…)

By Mark Rubin|2026-06-29T09:10:27-05:00March 3rd, 2025|Bankruptcy, Bankruptcy Myths, Debt, Financial, Foreclosure in Texas, Personal Finance, Repossession, Taxes, Texas Bankruptcy, Videos|

Can you keep your property in a Chapter 7 bankruptcy?

Filing for bankruptcy can be a stressful and emotional experience, especially when it comes to wondering whether you will be able to keep your property and belongings. “Can I keep my stuff in a Chapter 7 bankruptcy?” is one of the most common questions when considering a bankruptcy proceeding. To understand the answer, it is important to understand the difference between exempt and non-exempt property under Texas bankruptcy law.

Understanding exempt and non-exempt property in Texas

When you file for Chapter 7 bankruptcy, a trustee is appointed to your case to liquidate your non-exempt assets to pay off your creditors. However, you do not have to lose everything – and often, you will not lose anything. Texas, like every other state, allows debtors to protect certain types of property using bankruptcy exemptions. The key is understanding what property is classified as “exempt” and what is “non-exempt.” (more…)

By Mark Rubin|2026-06-29T09:18:09-05:00September 13th, 2024|Bankruptcy, Bankruptcy Myths, Debt, Foreclosure in Texas, Repossession, Texas Bankruptcy, Videos|