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Sherman Chapter 13 Bankruptcy Lawyer

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Sherman Chapter 13 Bankruptcy LawyerIf you are falling behind on mortgage payments, facing wage garnishment, or overwhelmed by debt you cannot manage, Chapter 13 bankruptcy may offer a manageable way forward. Chapter 13 allows you to keep your property while repaying a portion of your debt over three to five years through a court-approved repayment plan. Residents in Sherman and across Grayson County have used this option to stop foreclosure, catch up on car payments, and regain control of their finances without losing what matters most.

At Pelley Law Office, our attorneys offer free consultations to help you understand whether Chapter 13 fits your situation. Fill out an online contact form or call (214) 560-1919 to get started.

Why Sherman Residents Choose Pelley Law Office

Why Sherman Residents Choose Pelley Law OfficeOur team works with individuals and families throughout Sherman, Grayson County, and the surrounding North Texas area. We review your full financial picture before recommending any course of action and handle the paperwork, creditor communication, and court filings so you are not left guessing about what comes next.

When you work with our Sherman bankruptcy attorneys, you can expect:

  • A free initial consultation with a personalized review of your financial situation
  • Guidance on whether Chapter 13 or another chapter fits your circumstances
  • Assistance in preparing and filing your repayment plan with the court
  • Clear communication about deadlines, trustee meetings, and your obligations throughout the process

What Chapter 13 Bankruptcy Does

What Chapter 13 Bankruptcy DoesChapter 13 is designed for people with a regular income who cannot keep up with their obligations. When you file, an automatic stay immediately goes into effect, halting most collection actions, including foreclosure proceedings, repossession attempts, and wage garnishments. If a creditor violates the automatic stay, they can face serious consequences. Chapter 13 stops active collection while you make consistent payments and get your finances back on track.

Over the course of your repayment plan, you make monthly payments to a bankruptcy trustee who distributes funds to your creditors. At the end of the plan period, certain remaining unsecured debts may be discharged. The exact structure depends on your income, expenses, and the types of debt you owe.

Chapter 13 may be the right option if you:

  • Are behind on your mortgage and want to stop foreclosure and catch up on arrears
  • Have assets you want to protect that Chapter 7 would not allow you to keep
  • Owe debts that cannot be discharged in Chapter 7, such as recent tax obligations or domestic support arrearages
  • Have income above the means test threshold that disqualifies you from Chapter 7
  • Have a regular source of income that supports a multi-year repayment plan

How the Chapter 13 Process Works in Texas

The timeline from filing to discharge typically spans three to five years, and the Chapter 13 process in Texas involves several steps:

  1. Filing the Petition: You file a petition, usually with the Eastern District of Texas Bankruptcy Court, along with schedules listing your assets, liabilities, income, and expenses. An automatic stay takes effect immediately.
  2. Proposing a Repayment Plan: Within 14 days of filing, you must submit a repayment plan showing how you will pay creditors over the plan period. Secured, priority, and unsecured creditors are treated differently under the plan.
  3. The Confirmation Hearing: The bankruptcy trustee and any objecting creditors review your plan. A judge must confirm it before payments begin flowing to creditors.
  4. Making Plan Payments: You make monthly payments to the trustee for 36 to 60 months, depending on your income relative to the state median.
  5. Discharge: Once you complete all plan payments and satisfy court requirements, eligible remaining unsecured debts are discharged.

Texas also has strong property exemption rules that work in your favor. Under the Texas Property Code Chapter 41, state homestead protections are among the strongest in the country, making Chapter 13 particularly effective for homeowners in Sherman seeking to protect their home equity from repayment to unsecured creditors.

Chapter 13 vs. Chapter 7

Both chapters provide debt relief but work differently. Chapter 7 liquidates non-exempt assets and typically wraps up within a few months. Chapter 13 takes longer but lets you catch up on secured debts and protect property you might lose under Chapter 7.

If your income falls below the state median and you have few assets to protect, Chapter 7 may be worth exploring. Chapter 13 is often the stronger option when keeping your home or vehicle is the priority, or when your income is too high to qualify for Chapter 7. Our attorneys can walk you through both during your free consultation.

Frequently Asked Questions

Can You Keep Your Home If You File Chapter 13 in Texas?

Yes, in most cases. The automatic stay stops foreclosure the moment you file, and your repayment plan can spread past-due mortgage amounts over the plan period. As long as you stay current on ongoing mortgage and plan payments, you can keep your home.

What Does It Cost to File Chapter 13?

The court filing fee for a Chapter 13 case is $313. Attorney fees vary based on case complexity. At Pelley Law Office, we go over all costs during your free consultation so there are no surprises.

What Debts Cannot Be Discharged in Chapter 13?

Certain debts survive discharge even after you complete your plan. These include most student loans, child support, alimony, recent income tax debts, and debts tied to fraud or intentional wrongdoing. Your plan may still help you manage these in a structured way, even if they cannot be eliminated.

Will Chapter 13 Affect Your Credit?

Yes. A Chapter 13 filing remains on your credit report for seven years from the filing date. Many people begin rebuilding well before that point by demonstrating consistent payment behavior through the plan period.

Talk to Our Sherman Bankruptcy Attorneys at No Cost

If you are weighing Chapter 13 bankruptcy in Sherman or anywhere in Grayson County, our legal team at Pelley Law Office is ready to help you move forward. We offer free consultations with no obligation. Our team will review your debt, income, and goals and give you a clear picture of your options before you commit to anything.

Fill out an online contact form or call (214) 560-1919 to schedule your free consultation today.

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Dallas, Texas 75201

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