Texas Chapter 13 Bankruptcy Attorneys
Offering Reliable Chapter 13 Support Across the State of Texas.
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- Aaron Herrera
I met with McCarty Larson after many attempts to find a lawyer. They were very professional, straight to the point and polite. They accepted my case with no problems. With only one day to prepare for my case, McCarty Larson accepted my case, explained my options and attended the hearing on my behalf. They did all of this with only a one day notice. I normally do not write reviews, but this one had to be written. They are the best! You will not be sorry for hiring this firm.
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Learn MoreTexas Chapter 13 Bankruptcy Attorneys
Chapter 13 bankruptcy is a path for individuals in Texas who want to catch up on their debt without losing everything. It’s not available for businesses, but if you’re a sole proprietor or self-employed, you can use Chapter 13 to reorganize personal debt tied to your business. This type of bankruptcy gives you the chance to repay what you owe over time, with protection from lawsuits, foreclosures, and creditors.
Understanding How Chapter 13 Bankruptcy Works
Chapter 13 is also called a wage earner’s plan. If you have regular income, this law lets you keep your property and catch up on missed payments over three to five years. You’ll work with the court to create a repayment plan that fits your budget. That plan covers overdue mortgage payments, car loans, taxes, and other debts you can’t shake off. Some unsecured debts like credit cards may be reduced or wiped out entirely.
Why Chapter 13 Might Be Right For You
If you’re behind on your house payments or worried about repossession, Chapter 13 can give you breathing room. It can stop foreclosure the moment you file. You’ll still need to make current payments moving forward, but the plan lets you catch up on the missed ones. This type of bankruptcy also helps if you owe taxes, are behind on child support, or have valuable assets you want to protect. It puts you in control of how and when your debts are paid.
How Chapter 13 Affects Business Owners
Even though companies can’t file under Chapter 13, many business owners can. If you run a business as a sole proprietorship or are self-employed, you can reorganize personal debt linked to the business. That might mean protecting equipment, tools, or a vehicle that helps you earn a living. Chapter 13 lets you separate your personal finances from your business so you can stay open while fixing your debt problems.
What Happens After You File
Right after you file, something called the automatic stay kicks in. This stops creditors from calling, suing, or trying to take your stuff. You’ll attend a short meeting with a trustee, and then a judge will approve your repayment plan if everything checks out. From there, you’ll make monthly payments for the next few years. Once the plan is finished, many of your remaining debts may be discharged, giving you a fresh start.
Why You Need One Of Our Texas Chapter 13 Bankruptcy Attorneys
Bankruptcy law isn’t easy. There are rules, deadlines, and paperwork that can trip you up fast. That’s why it’s so important to have someone who knows how Texas courts handle Chapter 13 cases. At McCarty-Larson, PLLC, we’ve walked with hundreds of Texans through this process. We’ll help you build a plan that protects what matters and gives you the best shot at success. Our attorneys guide you each step of the way so you don’t face this alone.
Advantages of Chapter 13 Bankruptcy
Filing for Chapter 13 bankruptcy requires the help of an experienced Texas chapter 13 attorney. We can lend our skill and years of experience to the complicated filing process. Chapter 13 allows you to adjust the amount you owe and create a repayment plan which is more manageable than the amount you owed in the past. Typically, this amount can be paid back within 3-5 years.
Chapter 13 May Be Your Best Option If:
- Your income level is too high for Chapter 7.
- You have significant equity in assets or a business.
- You have filed for Chapter 7 once in the past 8 years.
- You owe significant taxes which are not dischargeable.
- You are facing repossession or foreclosure.
What Qualifies You for Chapter 13?
If you are in debt, Chapter 13 may be an option, however, there are eligibility requirements in order to file.
- Below are the requirements that qualify you for Chapter 13 bankruptcy:
- You must be filing as an individual or jointly with your spouse. If you have a business, you are ineligible to file; unless you own a business as a sole proprietor or with a partner, and you file in your name for the debts for which you are personally liable for.
- You did not discharge debt with a prior Chapter 13 case within the last 2 years.
- You did not discharge debt with a prior Chapter 7 case within the last 4 years.
- You did not have a prior bankruptcy case that was dismissed within the last 180 days.
- You completed an approved credit counseling course (with a certificate of proof) prior to filing for Chapter 13.
- Your secured and unsecured debts combined are under $2.75 million (until 2024, unless extended)
- You have filed your income taxes in the last 4 years and have proof, or if you are not required to file tax returns you execute an affidavit to that effect.
Why Choose Chapter 13 Bankruptcy?
Chapter 13 bankruptcy is an excellent option for individuals who:
- Own valuable assets: If you have significant property (e.g., a home or car) that you want to protect, Chapter 13 may be the right choice, as it allows you to retain your assets while repaying your debts.
- Have a steady income: You must demonstrate a regular income to qualify for Chapter 13. If you are employed or have another stable source of income, this type of bankruptcy allows you to manage your debts more effectively.
- Are behind on payments: Chapter 13 allows you to catch up on missed mortgage payments, car payments, and other secured debts by including them in your repayment plan, preventing foreclosure or repossession.
- Want to avoid creditor harassment: Filing for Chapter 13 bankruptcy stops creditors from contacting you, garnishing your wages, or taking legal action against you. The automatic stay prevents collection efforts during the bankruptcy process.
Why You Need an Texas Chapter 13 Bankruptcy Lawyer
The Chapter 13 bankruptcy process can be complex and challenging to navigate on your own. It involves detailed paperwork, negotiations with creditors, and understanding of federal bankruptcy laws. Having a qualified attorney at your side ensures that your interests are protected and increases the chances of a successful outcome.
At McCarty-Larson PLLC, we provide comprehensive legal representation throughout the entire Chapter 13 process. Our team will help you:
- Create a viable repayment plan: We will ensure that your repayment plan is realistic, taking into account your income, expenses, and debts.
- Protect your assets: We work to safeguard your property, including your home, car, and other valuable assets.
- Navigate the court system: We handle all the paperwork, filings, and court appearances required to ensure your case proceeds smoothly.
- Negotiate with creditors: We will negotiate with your creditors to reduce or restructure your debt, ensuring you get the most favorable terms.
- Provide expert advice and counsel: We will explain the bankruptcy process in simple terms, helping you make informed decisions about your financial future.
Retain Knowledgeable & Experienced Support
If you are thinking about filing for Chapter 13 bankruptcy and are uncertain whether it is the right choice, our Texas Chapter 13 bankruptcy firm is here to help guide you. We have Over 60 years of experience helping clients like yourself sort out difficult financial decisions. Our firm has earned a reputation for our compassion and understanding attitude, providing you with the tools you need for a fresh start.
Call us today at (972) 585-5433 for a free consultation with an Texas Chapter 13 bankruptcy lawyer.
Common Mistakes People Make Under Chapter 13 Bankruptcy
Not Understanding What Chapter 13 is For
Chapter 13 bankruptcy is for individuals, not businesses. But if you’re a business owner running a sole proprietorship or you’re self-employed, you can still file as a person. That means you might get help managing debt tied to your business, but only in your name. Many folks mix this up and think their business can file. It can’t. Knowing that from the start keeps things clear.
Setting Up a Payment Plan That’s Too Big
Chapter 13 is built around a payment plan that lasts three to five years. People often try to pay more than they can truly afford. They want to get it over with or keep assets they can’t afford. But plans that are too tight tend to fail. Missed payments can cause the case to get dismissed. It’s better to be honest and realistic about what you can pay and build your plan around that.
Not Listing All Debts And Assets
Everything you owe and everything you own has to be listed. Leaving something out—on purpose or by mistake—can cause problems. The court might think you’re hiding things. Or worse, your case could be thrown out. Even small debts or old ones need to be in the paperwork. When people leave out creditors, they can lose the protection bankruptcy offers.
Missing Deadlines or Not Showing Up
Bankruptcy has rules and deadlines. There are forms to file and meetings to attend. When folks miss one, it can delay or even cancel the whole case. The court won’t chase you down. If you’re not there or your paperwork isn’t in on time, things fall apart fast. It’s always better to keep ahead of what’s due and never miss a court date.
Thinking You Can Handle It Alone
Chapter 13 is more than just paperwork. There’s a legal strategy behind it. People who try to file without help often run into trouble. The forms are tricky. The rules are strict. And one wrong move can mean the whole thing fails. That’s where a trusted guide matters. A good attorney can keep your case on track and make sure your plan has the best shot of working.
Frequently Asked Questions About Chapter 13 Bankruptcy
Chapter 13 bankruptcy is a type of legal protection that allows individuals to reorganize their debts and pay them off over time—usually three to five years. It’s often called a “wage earner’s plan” because it’s designed for people who have regular income but need help getting back on track. Instead of wiping out debts quickly like Chapter 7, Chapter 13 gives you a chance to catch up—especially on things like mortgage payments or car loans—while keeping your property. If you’re behind on bills and feel overwhelmed, but you still have income coming in, Chapter 13 can be a strong path forward.
Chapter 13 is available to individuals only. That means it’s not an option for corporations or partnerships. But if you’re a sole proprietor or self-employed, you can file under your own name. You’ll need to show that you have steady income and that your total debt falls within certain limits, which change from time to time. This isn’t about being perfect—it’s about being honest with where you stand and willing to work toward resolution. At McCarty-Larson, PLLC, our Texas Chapter 13 Bankruptcy Attorneys can walk you through exactly what that means for your situation.
Yes, and that’s one of the biggest reasons people choose Chapter 13. If you’re behind on your mortgage or car loan, Chapter 13 gives you a way to catch up through a structured repayment plan. The court may stop foreclosure or repossession so long as you keep up with the payments going forward and follow your plan. This isn’t a free pass—you still need to pay what you owe—but it can give you the breathing room to stop falling further behind and start turning things around.
The plan is tailored to your income, your debts, and what you can reasonably afford to pay each month. After you file, you’ll propose a plan that outlines how much you’ll pay toward your debts. A court-appointed trustee oversees the plan, making sure your creditors are paid fairly. Your plan will typically last three to five years. Unsecured debts—like credit card balances or medical bills—may be reduced or even discharged at the end of your plan. The goal is to create a workable path forward, not to bury you in more unmanageable payments.
Yes, filing triggers what’s called an “automatic stay.” That means creditors have to stop trying to collect from you—including halting foreclosure, repossession, lawsuits, or wage garnishment. This stay gives you time to regroup and present your repayment plan to the court. It’s not a permanent fix by itself, but it’s a powerful tool that can pause the pressure and give you a chance to regain control.
Chapter 13 bankruptcy will stay on your credit report for up to seven years. But that doesn’t mean you won’t be able to rebuild during that time. Many people actually begin to see improvement in their credit within a year or two after filing—especially if they’re making regular payments through their plan. And because Chapter 13 shows that you’re paying back some or all of your debts, future lenders may view it more favorably than a Chapter 7 filing, which wipes debts out altogether.
Chapter 7 is what most people think of when they hear “bankruptcy.” It’s fast, often completed in a few months, and it wipes out unsecured debts. But it may require giving up some property, and you have to meet a strict income test. Chapter 13 takes longer and involves a structured repayment plan, but it can protect your assets and give you time to catch up on important payments. The best choice depends on your income, your goals, and what you’re trying to protect. Our team of Texas Chapter 13 Bankruptcy Attorneys can help you weigh your options.
A Chapter 13 attorney can provide valuable assistance and guidance throughout the complicated filing process. They have the skill and experience to navigate the legal requirements and ensure that your bankruptcy case is handled properly.
Determining whether Chapter 13 bankruptcy is the right option for you depends on your individual financial situation. It is best to consult with a Chapter 13 attorney who can evaluate your circumstances and provide personalized advice based on your specific needs.
Yes, you can file for Chapter 13 bankruptcy even if you have filed for Chapter 7 in the past. However, there are certain time restrictions that apply. It is important to consult with a Chapter 13 attorney to understand your eligibility and the specific requirements.
Chapter 13 bankruptcy typically takes between 3 to 5 years to complete. During this time, you will make monthly payments towards your debts as per the repayment plan approved by the court.
If you are struggling to make your Chapter 13 payments, it’s important to speak with your attorney immediately. In some cases, it may be possible to modify the repayment plan to make the payments more manageable or request a hardship discharge.
Yes, as long as you have a stable income that allows you to make regular payments on your debts, you can qualify for Chapter 13 bankruptcy. Your attorney will help you develop a repayment plan based on all sources of income.
Texas Chapter 13 Bankruptcy Attorneys Client Story
This client story is for educational purposes only.
Margaret sat in her small kitchen in Lubbock, TX, staring at a pile of unopened bills. Some were pink. Some had big red letters that made her stomach twist. She’d always worked hard. She ran a small home-based business and kept things afloat, even during hard times. But between rising costs and some unexpected medical bills, her income just couldn’t stretch far enough anymore.
The credit card payments were behind. The mortgage was close to default. Every time the phone rang, she jumped. She stopped answering. Her smile faded. Her sleep disappeared. And worst of all, she started to believe the lie that she was a failure.
Margaret needed help—but she didn’t know where to turn.
One night, after another long day of worry, Margaret searched online for answers. That’s when she found McCarty-Larson, PLLC. They were Chapter 13 bankruptcy attorneys right in Lubbock. At first, she was nervous to call. She thought bankruptcy meant giving up. But something told her to take the chance.
When she walked into their office, she was greeted with kindness. The team didn’t make her feel small. They didn’t rush her or talk over her head. They listened. Really listened. For the first time in months, Margaret felt heard.
The attorneys explained what Chapter 13 bankruptcy could do. Because Margaret was self-employed, she could still file. It didn’t mean losing everything. It meant she could make a plan to pay off her debt over time—one that actually fit her budget. No more threats of foreclosure. No more sleepless nights. No more shame.
They laid it all out in simple steps. They stood beside her, every step of the way. And when her case was filed, it felt like someone finally lifted the weight off her shoulders. Slowly, things began to change.
Margaret could focus on her work again. She could answer the phone without panic. She stopped avoiding the mail. And one day, she laughed again. A real laugh. Because the storm that once felt like it would never end had passed.
Today, Margaret is rebuilding. Not just her finances, but her confidence. She’s not where she used to be. And thanks to McCarty-Larson, PLLC, she’s not stuck anymore.
How to Get Help From Texas Chapter 13 Bankruptcy Attorneys at McCarty-Larson, PLLC
When money is tight and bills keep piling up, it can feel like there’s no way out. That’s where we come in. At McCarty-Larson, PLLC, we’ve walked with countless Texans through the Chapter 13 bankruptcy process. We understand the pressure you’re under, and we know how to help.
If you’re behind on your mortgage, struggling with credit cards, or worried about repossession, Chapter 13 may give you the fresh start you need. It’s not a fit for everyone, and it’s not a way to wipe away all debt overnight. But it can help you keep your home, catch up on payments, and move forward with a solid plan.
Even if you’re a business owner, you may still qualify—Chapter 13 is for individuals, which includes sole proprietors and those who are self-employed. You can still keep running your business while managing your debts in a more manageable way.
The first step is simple. Call us. Let’s set up a time to talk. We’ll take the time to understand your situation and explain what filing Chapter 13 would mean for you. You won’t get rushed, and you won’t get pressured. You’ll just get the guidance you need from a team that knows Texas bankruptcy law inside and out.
The road ahead might feel uncertain, but you don’t have to face it alone. Talk to the Texas Chapter 13 Bankruptcy Attorneys at McCarty-Larson, PLLC today. We’re ready to help you find a better way forward. Call now to schedule your appointment.
Client Reviews
This office saved me an immeasurable amount of stress. They got my case dismissed and I didn’t even have to go to court! My cousin used them in the past for different needs and she sings their praises too! They never made me feel anything other than taken care of!!! Thank you so much McCarty-Larson!!!
Casey Harmon
We Can Help.
Our dedicated team is here to help you reclaim your future.
By working with our experienced bankruptcy attorneys, you can achieve a fresh financial start through Chapter 7 or Chapter 13 bankruptcy, empowering you to rebuild your credit, protect your assets, and pursue employment, housing, and life goals free from the burden of overwhelming debt.
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Ellis County including the cities of Ennis, Waxahachie, Midlothian, Red Oak, Ferris, Palmer, Italy, Milford, Maypearl, Garrett, Pecan Hill, Alma, Oak Leaf, and Bardwell.
Johnson County including the cities of Cleburne, Burleson, Joshua, Keene, Alvarado, Godley, Grandview, Venus, Rio Vista, Briaroaks, Cross Timber, Coyote Flats, and Joshua.
Tarrant County including the cities of Fort Worth, Arlington, Grand Prairie, Mansfield, Euless, North Richland Hills, Bedford, Grapevine, Haltom City, Keller, Hurst, Southlake, Colleyville, Saginaw, Watauga, White Settlement, Azle, Forest Hill, Lake Worth, Richland Hills, River Oaks, Sansom Park, Westworth Village, Benbrook, Crowley, Blue Mound, Edgecliff Village, Everman, Pantego, Dalworthington Gardens, and Kennedale.
Dallas County including the cities of Dallas, Garland, Irving, Grand Prairie, Mesquite, Carrollton, Richardson, Rowlett, DeSoto, Duncanville, Cedar Hill, Lancaster, Farmers Branch, Balch Springs, Coppell, Seagoville, Glenn Heights, Sachse, Wilmer, Hutchins, Addison, Sunnyvale, Cockrell Hill, Highland Park, and University Park.
