Call

Dallas Bankruptcy Lawyer

Home » Dallas Bankruptcy Lawyer

Dallas Bankruptcy LawyerWhen debt begins affecting every part of your daily life, the creditor calls, the letters, and the worry about losing your home or your car can feel relentless. That pressure is real. As a federal legal tool, bankruptcy stops collection activity, eliminates qualifying debt, and gives you a structured path to financial stability.

Pelley Law Office has been helping Dallas families through this process since 1974. Call (214) 560-1919 or contact us online for a free consultation.

Why Dallas Families Choose Pelley Law Office

Why Dallas Families Choose Pelley Law OfficeOur founding attorney served as a U.S. Bankruptcy Trustee on the Panel of Trustees for the Eastern District of Texas, which means our team understands exactly how trustees evaluate assets, exemptions, and discharge eligibility when reviewing a case. That direct experience benefits every client we represent.

We have been doing this since 1974, and we have consistently helped clients qualify for Chapter 7 relief even after the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) amendments significantly tightened eligibility requirements. Our services in bankruptcy cases include:

  • Evaluating your income and assets to determine which chapter is appropriate
  • Applying every available Texas and federal exemption to protect your property
  • Preparing and filing all required petitions, schedules, and disclosures
  • Representing you at the meeting of creditors and any related hearings
  • Addressing creditor objections and adversary proceedings when they arise
  • Guiding you through the required credit counseling and debtor education requirements

What Types of Debt Can Bankruptcy Eliminate in Texas?

What Types of Debt Can Bankruptcy Eliminate in Texas?Not all debt is dischargeable, and the distinction matters when deciding whether bankruptcy is the right move. Common debts that are dischargeable include:

  • Credit card balances: Unsecured credit card debt is one of the most common reasons people file, and it is fully dischargeable.
  • Medical bills: Hospital stays, emergency treatment, surgeries, and ongoing care costs can all be eliminated.
  • Personal loans: Unsecured loans from banks or online lenders are generally dischargeable.
  • Utility arrears and old lease balances: Past-due utility bills and broken lease obligations typically qualify.
  • Certain older tax debts: Income taxes that meet specific age and filing requirements under 11 U.S.C. § 523(a)(1) may be dischargeable.

Debts that typically survive bankruptcy include child support, spousal support, most student loans unless undue hardship is proven, recent tax obligations, and debts tied to fraud.

Should You File Chapter 7 or Chapter 13 in Dallas?

Should You File Chapter 7 or Chapter 13 in Dallas?Most individuals filing in Dallas choose between Chapter 7 and Chapter 13. The right chapter depends on your income, your goals, and what you need to protect.

Chapter 7 eliminates most unsecured debt within three to six months. To qualify, your household income must fall below the Texas median or pass the means test under 11 U.S.C. § 707(b). Most filers keep everything they own thanks to the state’s strong exemptions.

Chapter 13 restructures your debt into a three-to-five-year repayment plan. It is the better option if you need to catch up on missed mortgage or car payments while keeping the property. At the end of the plan, remaining unsecured balances may be discharged.

How Do Texas Exemptions Protect Your Home and Property?

One of the most common concerns people have is losing their house or car. Texas law provides some of the strongest bankruptcy protections in the country:

  • Homestead: Texas Property Code § 41.001 allows you to protect the full value of your primary residence with no dollar cap, up to 10 acres in an urban area or up to 100 acres for a single person and 200 acres for a family in a rural area.
  • Personal property: Under Texas Property Code § 42.001, single filers can protect up to $50,000, and families can protect up to $100,000, covering vehicles, furniture, clothing, and household items.
  • Retirement accounts: 401(k)s, IRAs, and other qualified plans are fully protected under both state and federal exemptions.

These exemptions mean most Dallas filers keep their home, car, and personal belongings intact through the bankruptcy process.

What Does the Bankruptcy Process Look Like?

What Does the Bankruptcy Process Look Like?Dallas bankruptcy cases are filed in the U.S. Bankruptcy Court for the Northern District of Texas. Each stage has a specific deadline or requirement, and missing one can delay or jeopardize your discharge:

  • Credit counseling: You must complete a court-required credit counseling course from an approved provider.
  • Petition filing: Under 11 U.S.C. § 362, filing your petition triggers an automatic stay that immediately stops creditor calls, wage garnishments, lawsuits, and foreclosure proceedings.
  • Meeting of creditors: For Chapter 7, a trustee reviews your paperwork and asks questions about your finances approximately 30 days after filing.
  • Chapter 7 discharge: Your discharge is typically granted within 60 to 90 days after the meeting of creditors.
  • Chapter 13 plan confirmation: The court reviews and confirms your repayment plan, and you make monthly payments to a trustee for three to five years before receiving your discharge.
  • Financial management course: Before your discharge is granted, you must complete a debtor education course.

FAQ: Common Questions About Filing Bankruptcy in Dallas

How Long Does Bankruptcy Stay on My Credit?

Chapter 7 remains on your credit report for up to 10 years, and Chapter 13 for seven years. Credit recovery typically begins well before those periods end, and many people see meaningful improvement within one to two years after filing, as discharged debts no longer appear as active delinquencies.

Can I File If I Have a Job?

Yes. Having a job does not disqualify you from filing. If your income is above the Texas median, you may still qualify for Chapter 7 after applying permitted deductions under the means test. If Chapter 7 is not available, Chapter 13 allows you to restructure debt through a repayment plan and still receive a discharge at the end. An attorney can run the means test numbers for you before you file.

Talk to a Dallas Bankruptcy Lawyer Today

Debt does not improve on its own. Every week without legal protection gives creditors more time to pursue garnishments, file lawsuits, and deplete your financial resources. Pelley Law Office has helped thousands of Dallas families find relief over the past more than 50 years, and our team is ready to evaluate your situation and recommend the most effective path forward.

Call (214) 560-1919 or contact us online to schedule your free consultation.

Testimonials

Locations

Dallas office

400 Crescent Court, Suite 700
Dallas, Texas 75201

Map & Directions

Get Started With
A Free Consultation

Fields Marked With An * Are Required
Disclaimer: The use of the internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
Disclaimer(Required)