Chapter 7

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Learn The Truth About Chapter 7 Bankruptcy

The idea of filing for bankruptcy can invoke many emotions. You have heard that Chapter 7 bankruptcy will give you a “fresh financial start.” At the same time, you worry that your credit will be hurt and your financial situation will go even further south than it is right now.

NOTHING COULD BE FURTHER FROM THE TRUTH! WE CAN HELP YOU.

Yes, bankruptcy will give you a fresh financial start. No, it does not destroy your credit. Although a bit counter-intuitive, after filing bankruptcy your debt-to-income ratio will do a complete 180. You will no longer be considered as a high risk to default on future loans. As a result, your credit score should rise dramatically within weeks after filing.

Thousands of people across the country file bankruptcy every single day due to large credit card debt, extensive medical bills, job loss, fear of losing their home or cars, and other burdensome debts. Filing Chapter 7 bankruptcy helps you get back on your feet and build a fresh financial future while protecting the assets you have worked hard to acquire.

Our legal team understands what you are going through. We will take the time to answer your questions and discuss your options. Since 1974, we have been dedicated to providing compassionate, knowledgeable bankruptcy advice for people throughout North Texas. Please contact us for a free and confidential consultation at one of our convenient law offices.

Why File Chapter 7 Bankruptcy?

We often recommend Chapter 7 bankruptcy for our clients who qualify. Typically, it gets you back on your feet very quickly. In Chapter 7, we normally file your bankruptcy and have your meeting with the Trustee within 30 days. You should receive your discharge within 60 days thereafter and you will be out of bankruptcy speeding down the road to financial recovery and away from the stress of debt.

Eligibility Requirements for Chapter 7 Bankruptcy in Plano, Texas

Understanding the Means Test

Eligibility Requirements for Chapter 7 Bankruptcy in Plano Texas. To qualify for Chapter 7 bankruptcy in Plano, Texas, you must pass the means test, a calculation designed to determine whether your income falls below the state median. This test evaluates your average monthly income over the past six months, adjusted for household size, and compares it to Texas’s median income. If your income is below the threshold, you’re eligible. If it exceeds the median, the test further analyzes your disposable income after deducting necessary expenses like rent, utilities, and medical costs. The goal is to ensure Chapter 7 is reserved for individuals genuinely unable to repay their debts. A Chapter 7 bankruptcy attorney in Plano can help you navigate this process and determine if you qualify.

Non-Dischargeable Debts and Asset Considerations

Eligibility for Chapter 7 bankruptcy is also influenced by the nature of your debts and the assets you own. While Chapter 7 can discharge many unsecured debts, such as credit card balances or medical bills, certain obligations like tax debts, student loans, and child support are generally non-dischargeable. Additionally, owning valuable assets, such as luxury vehicles, second homes, or collectibles, may affect your eligibility. These items could be liquidated to repay creditors, though Texas offers generous exemptions to protect essential property like your primary residence and tools of trade. Consulting with a skilled Chapter 7 bankruptcy lawyer in Plano ensures you understand how your specific financial situation aligns with Chapter 7 requirements and helps you make informed decisions.

The Chapter 7 Bankruptcy Process Timeline

Preparation and Filing Stage

The Chapter 7 bankruptcy process begins with preparation, a critical stage that sets the foundation for your case. This involves gathering all necessary financial documents, including income statements, tax returns, and debt records. Before filing, you must complete a government-approved credit counseling session, which provides insights into bankruptcy alternatives. Once ready, your Chapter 7 bankruptcy lawyer in Plano will help you file the official petition and accompanying forms, detailing your financial situation and debts. Filing triggers the automatic stay, which halts most creditor actions, providing immediate relief from collection efforts.

Key Milestones and Final Steps

After filing, the court schedules a 341 meeting of creditors, typically 20 to 40 days later. During this meeting, you’ll answer questions about your financial situation under oath, guided by your attorney. If no objections arise, most Chapter 7 cases conclude within 3 to 6 months. The final step is receiving your discharge order, which legally eliminates qualifying debts. Before the case closes, you must complete a debtor education course, equipping you with tools to rebuild your financial health. With the help of a skilled Chapter 7 bankruptcy lawyer in Plano, this streamlined process allows you to achieve a fresh financial start efficiently and confidently.

Benefits vs. Risks of Filing for Chapter 7 Bankruptcy

The Advantages of Chapter 7 Bankruptcy

Filing for Chapter 7 bankruptcy offers significant benefits for individuals overwhelmed by debt. The most immediate advantage is the discharge of unsecured debts, such as credit card balances, personal loans, and medical bills, allowing you to start fresh financially. Additionally, Texas law provides generous exemptions, meaning you can often retain essential assets like your home, car, and personal belongings. Another key benefit is the automatic stay, which halts creditor harassment, wage garnishments, and collection actions as soon as you file. With the help of a Chapter 7 bankruptcy lawyer in Plano, this process can bring you relief from financial stress and a clearer path forward.

The Risks of Chapter 7 Bankruptcy

While Chapter 7 bankruptcy provides powerful relief, it’s important to understand the potential risks. Filing will impact your credit score, and the bankruptcy will remain on your credit report for up to 10 years, potentially affecting your ability to secure loans or credit in the short term. You may also lose non-exempt assets, such as luxury items or second properties, which could be liquidated to repay creditors. Additionally, Chapter 7 bankruptcy has limits on how often it can be filed; you cannot file again for eight years after a previous Chapter 7 discharge. Consulting an experienced Chapter 7 bankruptcy attorney in Plano can help you weigh these risks against the benefits based on your financial situation.

Post-Bankruptcy Considerations

After your debts are discharged, it’s essential to take proactive steps to rebuild your financial stability. Start by creating a realistic budget and sticking to it, ensuring you live within your means. Securing a secured credit card or small installment loan and making on-time payments can gradually improve your credit score. Additionally, completing financial education courses during the bankruptcy process can provide valuable insights into managing money effectively. With discipline and guidance from a skilled Chapter 7 bankruptcy lawyer in Plano, you can use Chapter 7 bankruptcy as a stepping stone toward lasting financial health.

Contact Our Experienced Chapter 7 Bankruptcy Attorneys

You do not risk anything when you schedule a free consultation with Pelley Law Office, L.L.P. You will be under no obligation to hire us after speaking with Mr. Pelley. During that consultation, he will evaluate your situation and discuss all of your debt relief options, including Chapter 7 and Chapter 13 bankruptcy. Please call 972-608-0335 or contact us online today to learn how we can help.

The best way of predicting your future is to research the results we have achieved in the past.

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Case Results

Result:

M.J. discharged all of her credit card debt and the IRS back taxes through the Chapter 7 and adversarial proceeding.

M.J. had over $85,000 in unsecured debt from caring for a sick family member as well as over $10,000 in back taxes. The IRS argued that the tax return was not timely filed, but we proved to the court that it was.

In re: M.J.

Result:

kept her house and was able to discharge all of her credit card debt in the Chapter 13 bankruptcy.

E.A. was posted for foreclosure on 3/1/16. We filed a Chapter 13 on February 29, 2016 and were able to stop the foreclosure and save her home. She is currently paying her mortgage arrears through a Chapter 13 case.

In re: E.A.

Result:

We proved to the U.S. Trustee that this family passed the 2nd half of the two-part Means Test and were eligible to file a Chapter 7. In short, they saved tens of thousands of dollars by choosing our trial lawyers to represent them.

This family of three had $60,000 in unsecured debt and needed to get out from under it quickly so they could start saving for retirement and their child’s college education. They met with several other bankruptcy attorneys before meeting with us. Every other firm told them that they made too much money to file Chapter 7. Thus, the other firms’ attorney fees for a Chapter 13 would be at least triple what it would be for a Chapter 7. The family made $110,000 a year. According to the IRS’s guidelines, the income for a family of three to pass the first half of the Means Test is just under $60,000.

In re: R.G. & S.G.

Result:

T.D. got her car back, saved a lot of money in interest, and discharged her unsecured debts.

Client’s vehicle was repossessed on 4/19/16. We filed T.D.’s Chapter 13 case on 4/22/16. We were able to recover the vehicle and pay off the balance through a Chapter 13 case at a much lower interest rate.

In re: T.D.

Result:

The H’s beat cancer, discharged the ridiculous medical bills that were not covered by the insurance company they had paid religiously for years, and got rid of their rental house nightmare.

Mrs. H. went through several courageous bouts with cancer and fought through many rounds of chemotherapy. This resilient couple had $160,000 in medical debt and a rental house they could neither sell nor afford to maintain. Right before we were going to file, Mrs. H’s cancer came back. She did not quit fighting. So, we postponed filing until she beat it again and included the newly generated medical debt in her Chapter 7 filing.

In re: J.H. & M.H.

Result:

R.B. saved his car and saved a lot of money by hiring us.

R.B. could not stay current on his vehicle payments because of the high interest rate and it was up for repossession. We filed a Chapter 13 for him, put an end to the repossession efforts and he is currently repaying the vehicle loan through a Chapter 13 case at a much lower interest rate.

In re: R.B.

Result:

We filed Chapter 7 for them both personally and for their business. They discharged nearly three million dollars in business and personal debt and got a fresh financial start.

This family owned a company that supplied medical equipment. Much of their business involved clients on Medicaid. When Medicaid put a moratorium on payments to providers in the area, their well-established business quickly fell apart.

In re: W.L. & P.L.

Result:

T.H.’s car was returned, he saved a lot of money by reducing his interest rate on the car, and he discharged all of his credit card debt.

T.H.’s vehicle was repossessed on May 13, 2016. We filed his Chapter 13 case six days later and we were able to recover the vehicle. T.H. is currently paying the vehicle note through a Chapter 13 Plan at a much lower interest rate and lower monthly payment.

In re: T.H.

Result:

Thanks to our knowledge of an obscure exception to the Means Test, these clients were able to discharge all of their unsecured debts in a quick and easy Chapter 7 case.

These clients had a tremendous amount of credit card debt. However, because of their income they failed the first half of the two-part Means Test. Nevertheless, we proved that they qualified for an exception to the B22 income requirement as disabled veterans. We showed the U.S. attorney this couple met all three of the prongs for this exception.

In re: A.J. & J.J.

Result:

J.W. got rid of the garnishment from her judgment and was able to reduce her monthly budget and discharge all of her unsecured debts.

Client had a garnishment action against her from a Judgment and a high interest vehicle note. Client filed a Chapter 13 bankruptcy to stop the garnishment and repay the vehicle note through a Chapter 13 bankruptcy at a lower interest rate and lower the monthly payments on her car.

In re: J.W.

Result:

This family was thrilled with our firm for not only getting rid of $160,000 of unsecured debt, but also paying less than half of what they owed on their car to own it outright.

This family owed $160,000 in unsecured debt and $16,000 on their car at around 20% interest. They made almost $100,000 a year. That is over $30,000 more than what the Code says you pass the first half of the Means Test indicates for a Chapter 7. Mrs. C. lost her job shortly before filing, so their 6-month average “current monthly income” did not properly reflect their realistic income moving forward. After filing an affidavit of unemployment, we convinced the U.S. Trustee that this family was eligible for a Chapter 7 and we discharged all of their burdensome pre-existing unsecured debts. However, the beauty didn’t stop there: The car that they owed $16,000 on was only worth $8,000 and they were getting killed on the interest rates due to bad credit. We filed a Motion to Redeem and they paid only $8,000 for their car, which saved them over $10,000 over the life of the loan.

In re: J.J. & J.C.

Result:

A.N. got her car back and will discharge her credit card debt while lowering the monthly payments on the vehicle.

Her vehicle was repossessed on 3/21/16. A.N. filed an emergency Chapter 13 bankruptcy case on 3/24/16 and we were able to recover the vehicle for her. A.N. is currently paying the vehicle note through her Chapter 13 Bankruptcy Plan at a much lower interest rate and a much lower monthly payment.

In re: A.N.

Result:

We hired a translator for this deaf couple who also went with us to meet with the 341 Trustee Meeting and they received a quick and painless discharge of all of their unsecured debts.

This couple had an enormous amount of unsecured debt. After visiting with several bankruptcy law firms, they were exasperated by the inability to communicate their financial questions and concerns. Then they reached out to us. The first lengthy meeting was conducted by passing notes back and forth. Then, we hired an ASL translator to accommodate these good people and make them feel as calm as possible.

In re: J.A. & M.A.

Result:

E.N. saved his house from going back to the bank and discharged his unsecured debts.

E.N. was posted for foreclosure on 3/1/16. We filed a Chapter 13 case on 2/25/16 and stopped the foreclosure. E.N. is currently paying the mortgage arrears through a Chapter 13 bankruptcy case.

In re: E.N.

Result:

We convinced the U.S. Trustee that this couple belonged in a Chapter 7 case despite making nearly double what the IRS’s guidelines says is typical for a family of two.

This elderly married couple had over $270,000 of debt from an extended illness. However, they made almost $100,000 as a family of two. The applicable family income to file a Chapter 7 is $57,000, so they clearly failed the first half of the Means Test. We worked with them to maximize their qualified expenses.

In re: W.M. & R.M.

Result:

M.M. was not only able to stop the I.R.S. from charging him post-petition penalties and interest, he was also able to discharge his older IRS debts and pay the recent ones back at 0%.

M.M. had several years of IRS debt. He was able to repay the IRS debt through a Chapter 13 bankruptcy and stop all levy actions.

In re: M.M.

Result:

We helped K.D. file a Chapter 7 bankruptcy. Ultimately, all of her unsecured debts were discharged and we helped her recover thousands of dollars from the flooring company.

Our elderly client was left with tens of thousands in unsecured debt after being scammed by a flooring company that sued her and levied her bank accounts.

In re: K.D.

Result:

D.H. saved a lot of money on her car through the Chapter 13 bankruptcy because she was able to buy it for the amount it was actually worth, rather than the amount she owed at 4% interest. Plus, she put a permanent end to her payday loans and credit card debt.

D.H.’s car was up for repossession. She also had multiple payday loans that were draining her bank account. We filed her Chapter 13 case on 5/24/16 and were able to stop the repossession and stop all collections/garnishments from the payday loans out of the bank account.

In re: D.H.

Result:

We put C.B.’s ex-husband in his place and got her back on her feet.

This divorced single mother was left with a mortgage she could not afford. Her ex-husband took the mortgage payment out of her alimony every month, leaving her without enough money to buy food or gas. We filed her Chapter 7 case, discharged all of her debt (including the huge abandoned house mortgage) and helped her receive the full alimony payments.

In re: C.B.

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Mr. Pelley filed a bankruptcy for me. He is very knowledgeable and truly cares about his clients. He always had my best interests in mind throughout the process. His paralegals were friendly and helpful when I had questions. Pelley Law…

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We were in desperate need when a friend suggested Pelley Law offices to us. We were so happy with the help we received. After being depressed from having to file in the first place, they made us very comfortable and…

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The whole staff at Pelley Law Firm in the Sherman, Texas Office are a very caring group of people. Mr. Richard Pelley understood my needs and concerns, he did not judge me or question why I had to do what…

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Mr. Pelley and staff were so very professional, informative and understanding during the entire process of our dealings. Communications were understandable and frequent. We felt very comfortable with this process because everything was explained in detail before starting and while…

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I am so glad I found Mr. Pelley and his law firm to help me with my situation. All of the staff are top-notch, being friendly and very knowledgeable on all my questions and concerns. They went above and beyond…

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My husband and I recently had the opportunity to work with the Pelley law firm. We were so pleased to have chosen them. They, attorney Richard Pelley, his legal assistant Liz and the legal assistant at their other location, Christy,…

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My wife and I recently used the services of Pelley Law. Richard, the attorney, and Liz, his assistant were absolutely phenomenal! It's been a pretty stressful few months, but with Richard's 53 years of bankruptcy law experience and Liz's patience…

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I found myself in a very bad spot financially last summer. After the loss of my son I kind of lost it and racked up about $80k in debt that I couldn’t afford to pay off with my income. I…

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I worked with Sarah, and must say the service was great. She took the time to explain the difference between the bankruptcy, and also kept me up through the whole process.

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Overall an excellent experience. The Lawyers and staff were responsive, friendly, and always put our concerns/interests first. The case was taken care of in a swift and professional manner. Couldn't have been in better hands.

Y A

I am so glad that I contacted Pelley Law Office to handle my bankruptcy, I was treated with the utmost kindness and respect. Everything went so smooth and Sarah Thorn is the greatest. Thank you.

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My wife and I were very pleased with the service we received from the Pelley's. They handled out case very professionally. If any one is looking for an attorney in their field we would happily recommend the Pelleys.

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Fair, reliable legal services during very difficult circumstances. Quinton Pelley has our highest recommendations.

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My husband and I had a really difficult time due to some health issues and lots of income. Sarah and the Pelley team were fantastic helping us navigate the stressful bankruptcy time.

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Two years ago I had a major on job accident that ended my career and landed me on disability, as many others with financial difficulties I had to turn to bankruptcy. Fortunately Mr. Pelly pointed out several issues that could…

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I would definitely recommend Pelley Law. I visited a couple of different lawyers before visiting with them for a consultation (my sister recommended them from her experience) and quickly saw they knew what they were doing. Sarah was my main…

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Thank you Mr Pelley and to Christy and to Sarah. The first day I came to the plano office I met with CHRISTY and she immediately gave me hope. Several lawyers in Plano had already told me that my case…

Iron F.

My wife and I were very impressed with the quality of help and service we received. They were patient with us when we asked questions or needed help with something. I would highly recommend Pelley Law Firm to anyone who…

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In sitting down with Quinton I could immediately tell there is longevity and experience behind his legal counsel. The staff has always been quick to respond to all my concerns. During the entire process there was a lot of confusion…

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God Bless this Law Office! Mr. Richard Pelley was my Attorney and he and his staff are the best I have every have the pleasure to work with. When they say they will "WORK HARD FOR YOU" they really take…

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Very professional, our paralegal Sarah Thorn was terrific and timely. I met with several of the Pelley family throughout our working with them. All of them were caring and knowledgeable folks. I would highly recommend them.

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Ours was a difficult case and required alot of back and forth for many months. Sarah Thorn was always responsive and helpful throughout this stressful journey. I cannot be more appreciative to her and the Pelley firm for bringing our…

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The Pelley Law Firm recently handled my bankruptcy. During a ridiculously long and drawn out divorce, I discovered my now ex-husband had run up untold lines of credit in my name and defaulted on them all. Add to that, a…

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I worked with Sarah on my Bankruptcy case and she was nothing but helping. She explained the differences between the 3 options, made sure I understood the process and answered all my question via phone/person/email in a timely manner. Mr.…

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This was a very stressful time for my husband and I, especially me, but Mr. Pelley treated us very courteous and patient. We were lead through each step and everything was explained to us fully. If I had questions, Janice…

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It’s been a while since I’ve stepped in Pelley Law Office’s doors. Back then I was ashamed of what I was going through. When it was over and Sarah asked me to write a recommendation for the office and I…

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Pelley Law was a pleasure to work with. I'm not a fan of complicated legal issues and/or paperwork nor do I know anyone who particularly enjoys these topics however Pelley Law made these things as smooth as possible and explained…

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I worked with this office for 2 years. Mr. Richard Pelley and Sandra have been the best to work with. They're knowledgeable and patient with kindness and pay special attention to details to any bankruptcy needs. I highly recommend this…

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Words cannot describe what a pleasure it was to work with Sarah Thorn and Richard Pelley. They helped me successfully navigate a very difficult bankruptcy. They took all the worry and stress off me. My spouse passed away during the…

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Sarah Thorn was amazing to work with. She was very caring and responsive to all of my needs. I'm a disabled veteran so it made for an interesting case that Mr. Pelley and his team found a way to bring…

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Wow! Where do I begin?! This law firm does AMAZING work and genuinely care about their clients! I met with various other attorneys throughout the metroplex, and none gave me the peace of mind that I felt after meeting with…

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Pelly Law Office was very helpful in my time of need. They showed true concern and were timely in completing my case. Sarah Thorn was exceptionally helpful and was always there for me when I had any questions or concerns.…

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I went through a tough situation and the team at Pelley Law was awesome in helping me through my situation. It was a tough decision but I am happy to have made it. Thank you Mr. Pelley and team, you…

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During our case with Pelley Law Office everyone was very professional and courteous, from the front desk to the assistants to the attorneys they handled our case from beginning to end and were always there to answer questions and concerns…

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Its hard to explain how different I felt walking out of Pelley Law office after my initial consultation with Sarah, tthan how I felt walking in. It was like a weight had been lifted. For the first time in a…

White B.

We were very pleased and happy with the Pelley Law firm. They handled our bankruptcy with grace and put us at ease. Sarah was a great help with all the questions and paperwork that we had. I would recommend them…

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Helping one person might not change the whole world, but it could change the world for one person. The Pelley Group is an amazing group of professionals that gives individual consideration and attention to meet clients needs and goals. Lawyers,…

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Pelley Law offers amazing help when you are in need. Sarah and Mr. Richard Pelley are an amazing team Sarah was always available to help us with our questions and concerns. We feel like Sarah has been a true friend.…

BK LOVE

Pelley Law office helped me with my bankruptcy and went above and beyond with my case. I feel like 30 lbs is off my back . Me and my daughter can start fresh so Thank you to everyone in the…

M C

Very efficient, very kind. My husband and I had to file bankruptcy and were referred to Pelley law offices by a friend who used them a few years ago. They were everything our friend said and more. They were very…

Juli

I highly recommend Pelley Law Office to anyone that is in need of legal protection in bankruptcy protection. The whole staff was very professional and treated us with respect and dignity throughout the process. Ever since 2007, we struggled with…

Jessie D.

Picked Pelley Law from the Yellow pages. My first meeting was pleasant and informative. Explaining the steps involved, cost and time involved to get through the process. Left with a workbook to get started on the paperwork. My paralegal, Sarah,…

Mike G.

I had a very pleasant experience! Sarah was very helpful and answered my questions with no problems, and very responsive. Also, Rick was great with preparing me for my trial. The process for my Ch 7 Bankruptcy was very smooth.…

Brian P.

Our experience with Pelley Law was top-notch. Sarah was extremely informative and helpful during the entire legal process. We always felt confident we were in good hands. And Mr. Pelley was amazing at our hearing - we felt completely at…

Rebecca C.

Pelley Law Office helped us through a very difficult financial situation related to medical bills and related debt. We determined together that Chapter 7 was our best solution, and Sarah was amazing all the way through the process, providing guidance…

Allison B.

When we needed legal help most, Richard Pelley and Sarah Thorn were there for us! Richard guided us through the process, and we had the pleasure of working with Sarah to get us to the court date! It's an intimidating…

E V

The court results were better than expected and the honest care I got was truly moving. The Pelley Law office experience has been better than I could have ever hoped for. The customer service is outstanding. Quinton Pelley took on…

Katherine R.

There are so many attorneys out there offering bankruptcy services that we thought it would be a nightmare finding the right attorney for our Chapter 7 Bankruptcy. After doing some research, we were directed to Pelley Law Firm and spoke…

Stacy P.

I highly recommend Mr. Pelley, together with his two outstanding Paralegals, Michelle and Liz. I needed a Bankruptcy attorney about a year ago and after my first consultation with Mr. Pelley, I knew Pelley Law Firm would be my only…

Peggy C.

Mr. Q. Pelley & Ms. Layer there is so much I want to thank you for but I’ll try and keep it brief. I cannot stress the importance of your communication and availability in such a hard time in my…

S P

BEST ATTORNEY IN THE STATE OF TEXAS!!! I feel very Blessed that I was given the honor to have this Office represent me. Mr. Pelley and Christy are the most caring people you will ever meet, they look out for…

Jorge B.

I am extremely happy with the results and services provided to us by Mr. Quinton Pelley he has won our case and I couldn’t be any more grateful. If you ever find yourself needing to hire a lawyer I HIGHLY…

Vso P.

Pelley Law Office is a different type of lawyers office. Caring, hard working, and informative. Which is unheard of in this day and age. And when shopping for lawyers, Pelley’s Law Office was a reasonable cost because they truly do…

SoaR A.

Locations

Dallas Office
Plano Office
Sherman Office

Dallas office

400 Crescent Court, Suite 700
Dallas, Texas 75201

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