Chapter 7 vs. Chapter 13 Bankruptcy in Texas: Which Is Best for You?

Facing financial difficulties can be overwhelming. If you’re in Texas and considering bankruptcy as a way to regain control over your finances, understanding the differences between Chapter 7 and Chapter 13 bankruptcy is crucial. Both options offer distinct benefits, depending on your situation. We’re here to guide you through these two options and help you make an informed decision about your financial future.

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What Is Chapter 7 Bankruptcy?Chapter 7 vs. Chapter 13 Bankruptcy in Texas: Which Is Best for You?

Chapter 7 bankruptcy, also known as “liquidation” bankruptcy, is the most common form for individuals. It allows you to eliminate most of your unsecured debts, such as credit card bills, medical bills, and personal loans. Chapter 7 offers a fresh financial start, but there are key points to understand before proceeding. In this process, a trustee reviews your assets to determine if they can be sold to pay creditors. Thankfully, Texas bankruptcy law offers exemptions for property like your home, car, and retirement accounts, as long as their value does not exceed set limits. For many Texans, this means they can keep most or all of their assets while wiping out unsecured debt. Typically, the Chapter 7 process takes three to six months, and after that, your unsecured debts are discharged.

What Is Chapter 13 Bankruptcy?

Chapter 13 bankruptcy, or “reorganization” bankruptcy, works differently from Chapter 7. Instead of eliminating debts, Chapter 13 allows you to create a repayment plan to pay back part of your debts over a three-to-five-year period. This option is ideal for those with a steady income who are struggling with mortgage or car payments but want to keep their property. One of the main advantages of Chapter 13 is that it can help you avoid foreclosure on your home or repossession of your car. If you’re behind on payments, Chapter 13 allows you to catch up over time while protecting your assets. This option is also beneficial for individuals with higher incomes or those who have valuable assets they want to protect—assets that may not be exempt under Chapter 7.

The Zendeh Del & Associates, PLLC Team

Jonathan Zendeh Del

Trial Attorney

Gabe Perez

Trial Attorney

Carolyn Zendeh Del

Certified Mediator, Attorney

Chase Waterwall

Trial Attorney

Dorothy Porretto

Office Manager, Paralegal

Pedro Ruiz

Judge

Legal Assistant Zaira Banda

Zaira Banda

Legal Assistant

Legal Assistant Colleen Herndon

Colleen Herndon

Legal Assistant

Which Type of Bankruptcy Is Right for You?

Choosing between Chapter 7 and Chapter 13 bankruptcy depends on several factors: your income, debt level, and assets. If you are struggling with unsecured debt, like credit cards or medical bills, and don’t have significant assets to protect, Chapter 7 may be the best choice for you. Chapter 7 will allow you to eliminate your debts quickly and start over with a fresh start. If you have a steady income and are behind on secured debts, like your mortgage or car payments, Chapter 13 may be a better fit. Chapter 13 can help you keep your home and car while paying off your debts over time. Additionally, if you’re not eligible for Chapter 7 because of income limitations or if you have assets you want to protect, Chapter 13 offers a way to reorganize your debt and work toward paying it off.

Important Considerations Before Filing for Bankruptcy in Texas

Before you decide, there are several factors to think about. Eligibility for Chapter 7 is determined by income limits, meaning you must pass a means test to qualify. If your income is too high, you may need to file Chapter 13. If you own valuable property like a second home or vacation property, Chapter 13 may allow you to protect it. On the other hand, Chapter 7 may require you to sell non-exempt property to pay off creditors. If your primary debt is secured debt, such as mortgages or car loans, Chapter 13 may be the better option. Chapter 7 focuses on eliminating unsecured debt, such as credit card debt and medical bills. If you are behind on your mortgage or car payments and want to avoid foreclosure or repossession, Chapter 13 may help you catch up on payments over time while still protecting your property.

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These guys are amazing. They made a most horrific experience bearable. They treated me with respect and no judgment. I cannot describe how grateful I am for their representation with my case. 5 stars is not enough. I hope I never need them again but would ABSOLUTELY use them again and definitely recommend them.

— Jennifer S.

Jonathan Zendeh Del and Associates worked tirelessly on my case. They kept me informed every step of the way. In the end the got my case dismissed and I am so grateful that we out our trust in his law firm. I can honestly say the rumors were true. He really is the best.

— Kristin F.

What Happens After You File for Bankruptcy in Texas?

Once you’ve filed for bankruptcy, the process is not instantaneous, but it does offer a significant sense of relief. Whether you’ve chosen Chapter 7 or Chapter 13, there are steps that both you and the court will follow to ensure the successful resolution of your case. It’s important to understand what to expect after filing so you can be prepared and stay on track toward a successful resolution.

For Chapter 7 Filers

After filing for Chapter 7, one of the first steps is the “automatic stay,” which goes into effect immediately. The automatic stay prevents creditors from continuing with collection actions, including harassing phone calls, wage garnishments, and foreclosures. This provides much-needed relief from the pressure you may have been feeling due to mounting debt. Soon after your filing, a trustee will be appointed to your case. They will review your assets to determine whether any property can be liquidated to pay off your creditors. However, in most cases, Texans are able to keep their homes and cars, thanks to Texas exemptions. A trustee will also hold a meeting called a “341 meeting,” where they will ask you questions about your finances, assets, and debts. While it may seem intimidating, it is a standard part of the process, and your attorney will help you prepare. At the end of your case, typically within three to six months, most of your unsecured debt will be discharged. This means you are no longer legally responsible for paying it.

For Chapter 13 Filers

Chapter 13 bankruptcy requires a different type of commitment. Instead of liquidating your assets, you will need to submit a repayment plan to the court. This plan will outline how you intend to repay a portion of your debt over a period of three to five years, depending on your income and the amount of debt you have. The court will review and approve the repayment plan, and you will be required to make monthly payments according to the plan’s terms.

Case Results

$11,820,000

WARN ACT
SETTLEMENT

Reached a settlement of $11,820,000

$11,820,000

WARN ACT CASE
SETTLEMENT

Employees fired when not given proper notice

Not Guilty

DRUG JURY TRIAL

Client was a dentist caught with 12 grams of methamphetamine. 

Case Dismissed

DRAM SHOP CASE

Death of a person who was run over by a drunk person who left a party.

$2,500,000

CAR ACCIDENT

Confidential settlement of $2,500,000

$4,500,000

DRAM SHOP CASE

Death of a person who was run over by a drunk person who left a party

Not Guilty

DWI JURY TRIAL

Client was asleep on the side of the road with the car on. Breath was .248

Case Dismissed

STATE OF TEXAS v. C.S.

Wrecked motorcycle while leaving the beach, an officer witnessed the accident and assumed he was intoxicated

The beauty of Chapter 13 is that it allows you to catch up on missed payments for important secured debts like your home or car loan, making it a viable option for those at risk of foreclosure or repossession. Once you have successfully completed the repayment plan, your remaining eligible debt will be discharged. This process can take time, but it ultimately helps you regain control over your finances and move forward with your life.

How We Can Help You with Your Bankruptcy Case

Navigating bankruptcy law can be challenging, but you don’t have to do it alone. At Zendeh Del & Associates PLLC, we understand the emotional toll financial struggles can take. Our team is dedicated to offering the support and legal expertise you need to make the right decision for your financial future. Whether you’re looking to eliminate unsecured debt with Chapter 7 or reorganize your debt with a Chapter 13 repayment plan, we are here to guide you through every step of the process. We’ll explain your options clearly, answer all your questions, and help you achieve the best possible outcome. If you’re ready to regain control of your financial future, we are here to help. At Zendeh Del & Associates PLLC, we have the experience and compassion to assist you through this difficult time. We will help you determine whether Chapter 7 or Chapter 13 bankruptcy is the best fit for your needs. Contact us today to schedule a free consultation and begin your journey toward financial recovery.

To learn more about this subject click here: The Benefits of Filing Chapter 13 Bankruptcy in Texas