Behind on your mortgage? A Texas foreclosure can move in weeks — Chapter 13 can stop it. See how →
Drowning in card & medical debt? Chapter 7 can wipe qualifying unsecured debt — a true fresh start. See how →
Want to keep the house & car? Chapter 13 catches up arrears on a structured, court-protected plan. See how →
SBA loan in default? North Texas business owners — there are defenses and workouts. See how →

8 Positive Upsides of Filing for Bankruptcy

Bankruptcy Relief in Arlington, Texas

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Our Small Firm is Big on Results. With more than 30 years of experience helping regular folks in Arlington, Fort Worth, and all of DFW, Machi Wright & Associates has successfuly represented thousands of your neighbors. Contact us for a FREE consultation.

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8 Positive Upsides Of Bankruptcy That Can Shift Your Perspective

“Challenges are what make life interesting—overcoming them is what makes life meaningful.” Joshua J. Marine

Bankruptcy is a terrible word, isn’t it? A dark, ominous cloud hangs over those who have made mistakes with money. You’ve heard all the bad stuff about how it can destroy your credit and ruin your life.

But what about the good stuff? What if you could shift your attitude and perspective about bankruptcy so that you no longer see it as a horrible experience? What if you change your mindset about bankruptcy so you view it as an opportunity for a fresh start and a brighter future—one where you not only get a chance at a new beginning, but also one where you become a better person, one who has learned from past financial mistakes, rebuilt better financial habits, and becomes a more resilient and confident consumer? If you are feeling disheartened by your current financial circumstances and uncertain about the future, there’s good news: you have the power to turn things around. It begins with a fresh outlook, hope, and a well-defined plan. If you’re feeling discouraged and unsure about what steps to take regarding your financial situation, understanding the flip side of filing for bankruptcy can provide some comfort and offer a spark of hope for your future.

In this article, we will explore the benefits of bankruptcy and how it can offer you a new start, a fresh perspective, and a more positive outlook on life.

Bankruptcy: What It Is And What It Is Not

Bankruptcy is a legal procedure that gives people and businesses a new start by wiping away or reorganizing their debts. Its purpose is to help people who cannot pay their debts and who need a way out. Bankruptcy may help you get out from under the thumb of debt collectors, stop a foreclosure or a repossession, or protect you from future lawsuits.

It is a common misconception that bankruptcy is a sign of failure or irresponsibility. People can be quick to judge, but it is important for one to understand that bankruptcy is a legal solution for those who are in too much debt. It is not a moral judgment. It is a tool to help get people and businesses back on track.

Types Of Bankruptcies And Their Advantages

There are numerous articles available that provide comprehensive information on bankruptcy law, including a wide range of bankruptcy types. For now, we will just briefly touch upon these types of bankruptcy and what they can do for you without going into too much detail. The most common forms of bankruptcy for individuals are Chapter 7 and Chapter 13.

Chapter 7 bankruptcy offers the opportunity to discharge the majority of your debts, with a few limited exceptions. Conversely, Chapter 13 bankruptcy permits the repayment of debts over a three- to five-year period, rather than wiping out your debts. Chapter 11 bankruptcy is primarily for businesses and provides an opportunity for businesses to reorganize their debt and continue operations.

Each type of bankruptcy has its benefits so it is important to understand your options and determine which type of bankruptcy would be right for you. For our purposes, let us take a look at bankruptcy as a whole and the advantages it can offer.

Benefits Bankruptcy Can Offer

1 – A Fresh Start

“Every new beginning comes from some other beginning’s end.” – Seneca

Have you ever been so far behind in a contest, competition or race that you would give almost anything to have it end and restart the whole thing? Recreational golfers know the term “mulligan”: it’s what you call a do-over when someone hits a ‘bad’ shot.

Bankruptcy works like a mulligan. It gives an individual or business the option to start over by erasing or restructuring debt, and getting a fresh start. When presented with the opportunity for a do-over, it may be tempting to let pride get in the way and decline; however, it can be a valuable option to consider.

2 – Debt Relief

“Failure is simply an opportunity to begin again, this time more intelligently.” – Henry Ford

The constant worry over money can place a tremendous burden on your life. It can consume every area of your life and make it difficult to enjoy the things that you do have. Worrying about money can lead to sleepless nights and even to physical health problems, such as high blood pressure.

Bankruptcy offers relief from overwhelming financial burdens, freeing you from the constant stress of unmanageable debts. With Chapter 7 bankruptcy, in particular, your unsecured debts, such as credit cards, medical bills, and personal loans, are completely wiped out. This frees up money in your budget to pay for necessities and enjoy the things that you love.

3 – Protection From Creditors

“Sometimes you have to protect yourself from the negative influences around you to focus on your own growth.” – Robert Tew

Creditors will do anything and everything they can to get you to pay back the money you owe them, at the expense of your financial stability and peace of mind. But once you file for bankruptcy, something called an automatic stay stops any and all creditor collection activities against you, including wage garnishment or foreclosure on your property. In addition, the automatic stay ends all telephone calls, letters and all other collection efforts by the creditor that were plaguing you prior to your bankruptcy filing. As a result of the automatic stay, you finally have some peace and quiet, and you feel like you can once again take charge of your finances.

4 – Repayment Plans

“A journey of a thousand miles begins with a single step.” – Lao Tzu

Chapter 13 bankruptcy gives people the chance to come up with a workable plan for paying back their debts. It provides a structured way to settle debts gradually while protecting important assets. You will have to pay a bankruptcy trust through a court-ordered reorganization payment plan. This plan will help you retain your assets while paying off your debts over time. Your debts will be easier to handle, and you will be able to regain control of your finances in the long run.

5 – Asset Protection

“The best way to find out what we really need is to get rid of what we don’t.” – Marie Kondo

Many people feel that if they declare bankruptcy, they will lose everything. This is simply not true. Bankruptcy is intended to put you back on your feet, not cripple you. Every state has a list of assets that are exempt from creditors. In most states, if you file bankruptcy, you will have to give up some of your assets to pay your creditors, but the majority of people who file bankruptcy keep most of their assets, including their home, car and personal possessions. Having an experienced bankruptcy attorney who is familiar with bankruptcy law for your state is crucial to protecting your property and assets when filing for bankruptcy.

6 – Improved Credit Score

“Rock bottom became the solid foundation on which I rebuilt my life.” – J.K. Rowling

Yes, you read that correctly. Filing for bankruptcy can actually help you build a better credit score over time. Late payments, high balances, a high debt-to-income ratio, and a high number of credit accounts have already likely damaged your credit score. Once the terms of your bankruptcy go into effect, many, if not all, of these factors will be eliminated. Your credit score may take a hit initially, but it will allow you to rebuild your credit over time. By responsibly managing new lines of credit and making timely payments, you’ll be back to having a strong credit score in no time.

7 – Financial Education

“Experience is simply the name we give our mistakes.” – Oscar Wilde

The conditions of bankruptcy may require you to undergo credit counseling, which can provide you with valuable financial education and guidance to help you avoid future financial challenges. Learning sound money management and spending practices can help you avoid repeating past mistakes and prove to be a very useful skill in the future.

8 – Emotional Relief

“The greatest wealth is the absence of worry.” – Shantideva

The stress that accompanies financial difficulty doesn’t end with money. The fear of losing your house, of losing your job, and of losing the stability of your family, can have a devastating impact on your state of mind. Bankruptcy can ease that burden, allowing you to focus on yourself and your wellbeing instead.

Get The Help You Need Today! CALL Machi Wright & Associates!

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If you have questions about this topic, the attorneys at Machi Wright & Associates can help. We offer free initial consultations and have over 30 years of experience helping North Texas families navigate bankruptcy and debt relief.

Call us today: (817) 335-8880
Office: 1521 N Cooper St, Ste 550, Arlington, TX 76011
Hours: Monday–Friday, 8:30 AM – 5:30 PM

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Have questions about Chapter 7 or Chapter 13? Ready to talk about your options? Call our Arlington office at (817-335-8880) or fill out the form below to schedule a free, confidential consultation with a bankruptcy attorney.

Eight Benefits Of Filing For Bankruptcy

Bankruptcy Relief in Arlington, Texas

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Our Small Firm is Big on Results. With more than 30 years of experience helping regular folks in Arlington, Fort Worth, and all of DFW, Machi Wright & Associates has successfuly represented thousands of your neighbors. Contact us for a FREE consultation.

8 Benefits Of Filing For Bankruptcy
in Arlington Texas

 Is your debt burden overwhelming you? Do you dread the thought of paying your bills, feeling financially pressured by those you owe? Are you considering filing for bankruptcy? Bankruptcy is often seen as something to avoid at all costs, but in many cases, it offers much-needed relief and provides an opportunity to start over.

In this article, we will outline eight advantages of filing for bankruptcy. We will discuss the main types of bankruptcy filings applicable to consumers, in addition to some advice on options to consider prior to filing bankruptcy.

Understanding Bankruptcy – from Machi Wright & Associates, Arlington, Texas

Before we dive in to explore the benefits of filing bankruptcy, however, it would make sense to be clear on what bankruptcy is prior to discussing its benefits. Bankruptcy is a court-assisted process for debtors who are unable to pay their creditors. You are allowed to erase or repay your underlying debt under court protection. Essentially, you get a fresh financial start.

Common Misconceptions About Bankruptcy

There are a couple of prevailing myths surrounding bankruptcy that can dissuade individuals from exploring its use in reshaping their finances. They are as follows:

Myth #1: Perhaps one of the most pervasive myths is that bankruptcy is a reflection of personal failure. Bankruptcy is part of a nationwide system that allows you to re-start your financial life and move forward from a foundation of fairness and equality.

Myth #2: Another oft-repeated objection is that bankruptcy will permanently destroy your credit. If bankruptcy might harm your credit, it certainly does not leave a permanent stain on your credit report for the rest of your life. Although bankruptcy will have an impact on your credit, the truth is that it eventually disappears from your credit report, and with careful behavior, you can rebuild your credit.

Types of Bankruptcy, Chapters 7 and 13

There are two main categories of bankruptcy: Chapter 7 or a Chapter 13 bankruptcy.

Chapter 7 bankruptcy – Allows you to completely discharge your unsecured debts. All non-essential assets are liquidated and used to repay your creditors. For good reason, this type of bankruptcy is called a ‘liquidation’ bankruptcy.

Chapter 13 bankruptcy – Instead of wiping your debt out entirely, it allows you to pay creditors back through a payment plan lasting three to five years. Those with a steady income can qualify for a Chapter 13 payment plan to repay their debts.

Some Positive Aspects Of Bankruptcy

If you polled most people about their thoughts regarding bankruptcy, an overwhelming majority would likely frame it in a negative context, echoing the sentiments alluded to earlier in this article. Few would be able to identify the positive impact bankruptcy can have on people under extreme financial duress. If you are one of these people, read on to discover the better side of what bankruptcy has to offer. Here are eight benefits of bankruptcy you might not have previously considered:

1. Debt Relief

Perhaps the greatest benefit of declaring bankruptcy is the potential for debt relief. Filing for bankruptcy can effectively wipe the slate clean by wiping out some of your debt. Depending on your circumstances, you might be able to have a bankruptcy court wipe out your unsecured debt, including credit-card debts and medical expenses. These types of debt are said to be ‘fully dischargeable’, which means that you no longer owe any money to your creditors and have a financial reboot.

2. Stop Creditor Harassment.

Upon filing for bankruptcy, an automatic stay is imposed, which prohibits collection activity against you by creditors. Telephone calls, letters, and lawsuits against you must cease. Any garnishment of your wages must stop immediately. The automatic stay allows you peace of mind to ponder a course of action rather than having to worry about creditors calling you every day or money being drained from your bank account.

3. Time To Reorganize

Bankruptcy can also afford you breathing room in which you can rest and reorganize. Depending on the kind of bankruptcy you file for, a repayment plan may be formed in which you pay off your obligations by installments over the course of several years until you can get back on your feet. A bankruptcy attorney or a trustee can help you determine what kind of plan works for you.

4. Preventing Foreclosure Or Repossession

For someone facing foreclosure on their home or repossession of their vehicle, bankruptcy can be a lifesaver. Bankruptcy stops the foreclosure or repossession process, allowing you to save your home or vehicle. Bankruptcy may allow you to negotiate with your creditors to allow you to keep your home or vehicle. In addition to obtaining relief, you can keep a roof over your family’s heads and have a means to get to and from work.

5. Financial Education

Financial education classes are often required as part of many bankruptcy programs. These are intended to help people develop better money-management habits. Basic budgeting, insurance, savings strategies, and other topics covered in these courses teach students how to make smart financial decisions that they can use to make even wiser decisions in the future. If you can eliminate the mistakes that led you to bankruptcy in the first place, the hope is that you won’t need to file for bankruptcy in the future.

6. Emotional Relief

When you are constantly worried about your financial situation, it can negatively affect your mental and emotional health. Filing bankruptcy can easily give you relief, calmness, and the knowledge that, at last, you have done something to solve your financial problems. It takes off the pressure and stress that you have to go through being in debt and always struggling to pay back your debts. You can erase all that negativity and start a new chapter in your life, putting an end to all your financial burdens.

7. Future Credit Options

You may lose your credit score temporarily after filing bankruptcy, but by freeing yourself of your debts, you may be able to start over and do better next time. After your bankruptcy is discharged, you can begin to rebuild your credit by establishing a clean and positive payment history, proving that you can responsibly handle your finances. After declaring bankruptcy, many people discover that their debt-to-income ratio automatically improves due to the elimination of unsecured debt, making them eligible for new credit very quickly. You won’t likely get the best interest rates, but you’ll be able to rebuild your credit over time if you do it responsibly.

8. Legal Protection

Filing for bankruptcy offers you legal protection from creditors, enabling you to resolve your debts in a fair and just manner. As soon as you file, an automatic stay stops collection actions against you, making it safe for you to meet with your bankruptcy lawyer or trustee to negotiate with your creditors and settle your debts in a fresh and new way. It serves as a structure for legal resolution with regard to your unpaid debts, and you have the protection of the debtor’s rights provided under the law.

Is Bankruptcy Right For You?

Whether bankruptcy is right for you depends on your particular situation and set of circumstances. If you are swimming under mountains of debt, struggling to keep up with your payments, and are facing foreclosure or repossession, bankruptcy may be the best option for you. While the decision to file for bankruptcy shouldn’t be taken lightly, it’s important to understand the many benefits that bankruptcy can offer.

If you are considering bankruptcy, be sure to consult with a qualified bankruptcy attorney who can help you make the right choice for your financial situation. At Machi Wright & Associates, we have been helping our clients make informed decisions about bankruptcy for over 30 years. Feel free to contact our team to schedule a free consultation so we can answer any questions you may have and help you get the financial relief you’ve been searching for. Call us today so you can sleep well tonight!

Related Articles

Continue learning with these in-depth guides from our bankruptcy attorneys:

Our Legal Services

Machi Wright & Associates provides experienced legal representation:

Find a Bankruptcy Attorney Near You

Machi Wright & Associates serves clients throughout the Dallas-Fort Worth Metroplex:

Need Help? Talk to a Texas Bankruptcy Attorney

If you have questions about this topic, the attorneys at Machi Wright & Associates can help. We offer free initial consultations and have over 30 years of experience helping North Texas families navigate bankruptcy and debt relief.

Call us today: (817) 335-8880
Office: 1521 N Cooper St, Ste 550, Arlington, TX 76011
Hours: Monday–Friday, 8:30 AM – 5:30 PM

Five-Star Reviews

See Why Clients Trust Machi Wright & Associates

Hear From Those We've Helped

Real people in Arlington and across North Texas trust this firm when debt feels overwhelming.

Take the Next Step

Focused on Fresh Starts. Serving Arlington and North Texas.

Contact Us for a Free Bankruptcy Consultation

Have questions about Chapter 7 or Chapter 13? Ready to talk about your options? Call our Arlington office at (817-335-8880) or fill out the form below to schedule a free, confidential consultation with a bankruptcy attorney.

Differences Between Chapter 7 & Chapter 13 Bankruptcy

Bankruptcy Relief in Arlington, Texas

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Get clear, practical guidance from a local Arlington bankruptcy attorney

Our Small Firm is Big on Results. With more than 30 years of experience helping regular folks in Arlington, Fort Worth, and all of DFW, Machi Wright & Associates has successfuly represented thousands of your neighbors. Contact us for a FREE consultation.

Machi Wright & Associates Explain the Differences Between Chapter 7 & Chapter 13 Bankruptcy

Bankruptcy is a scary word. No one ever thinks that bankruptcy could possibly become their reality, and most people have no idea what bankruptcy actually entails—the fear of the unknown and the “how did I get here” feeling combined often send people into a tailspin of despair and panic.   However, bankruptcy isn’t all bad. It’s certainly not the end of the world or the end of your financial goals. In fact, if you are overwhelmed by debt that you can’t repay, bankruptcy may be the best option to help you eliminate most of that debt, start rebuilding your credit, and establish a healthier financial framework.   Many people are unaware that there are actually different types of bankruptcy. The two most common kinds available to the average person are Chapter 7 and Chapter 13. If you are considering filing for bankruptcy, or want to know more about what that would practically mean for your life, learning about the benefits and specifics of each can help you better understand which one may be right for your needs.   Here are some of the main differences between Chapter 7 & Chapter 13 bankruptcy and what you should know!  

What Is Chapter 7 Bankruptcy?   Chapter 7 bankruptcy is also sometimes called “straight” bankruptcy or “liquidation” bankruptcy. Your unsecured debts—things like personal loans, traditional credit card bills, and more—can be completely eliminated if the process is successful. However, some of your nonexempt property will need to be sold in order to pay off your debt. “Nonexempt” includes a wide variety of things, though it may include your home in some cases (not in every situation, though).   When you file, the court will take legal possession of your property and appoint a bankruptcy trustee to your case, who will review your financial situation and arrange for your creditors to be partially paid with your liquidated assets. At the end of the process, your remaining qualifying debts will be discharged, meaning you don’t have to pay them anymore.  

What Is Chapter 13 Bankruptcy?   Chapter 13 bankruptcy is also known as a “wage earner’s plan” or as “reorganization” bankruptcy. You will develop a payment plan with the court to pay back your creditors over a three to five-year period based on amounts that you can reasonably repay. Some unsecured debts will be able to be discharged at the end of the payment period. Chapter 13 gives you a chance to “catch up,” so to speak, especially when it comes to delinquent mortgage payments; you shouldn’t have to sell any of your property in order to satisfy your debts.  

How Are They the Same?   Both Chapter 7 and Chapter 13 bankruptcies trigger something known as an “automatic stay”. This means that once you file, creditors have to stop contacting or harassing you and must cease all collection efforts until the details of your bankruptcy are worked out. You’ll stop getting phone calls and threatening letters. If you’re facing foreclosure, that will temporarily halt (and in Chapter 13, the possibility of losing your home may disappear altogether). Any wage garnishment will pause. This can be a welcome relief for many people struggling under creditor pressure. Both Chapter 7 and Chapter 13 bankruptcies are ways for debtors to get out from under unsecured debts and back on their feet. Whichever you file for, it will result in some or most of your debts being erased, giving you a clean slate to start over. You will have to go through credit counseling and debtor education during either process, which is ultimately a good thing because it can give you tools to build healthier financial habits for the future.  

How Are They Different?   While both bankruptcy types have the goal of helping you get out of debt, the processes are not the same, and each has unique characteristics to consider. The main difference is how they work. Chapter 7 liquidates assets and uses the proceeds to pay creditors; Chapter 13 sets up a plan to repay creditors with your own disposable income over a longer period.

  • Eligibility: Chapter 7 requires you to pass a means test (for low or no income); Chapter 13 is for those with steady income and certain debt limits.
  • Debt Limits: Chapter 13 has a cap on the total amount of debt; no debt limit for Chapter 7.
  • Timeline: Chapter 7 is faster—typically four to six months; Chapter 13 takes three to five years to complete the payment plan.
  • Credit Report: Both types stay as negative marks, but Chapter 7 remains for 10 years, while Chapter 13 is removed after 7 years.
  • Lenders generally view Chapter 13 filings more positively because debts are being partially repaid; you might find it easier to get credit in the future after Chapter 13.
  • Property: In Chapter 7, you may lose some possessions if they are not exempt; Chapter 13 usually allows you to keep your property.
 

Which Is Better?   Neither Chapter 7 nor Chapter 13 is inherently “better” than the other. The right one depends on your income, how much debt you have, what possessions you are at risk of losing, and your long-term financial goals. An experienced local bankruptcy attorney can explain your options in detail and help you decide which path best fits your needs.  

Call Machi Wright & Associates   At our firm, we have over 20 years of legal experience helping clients in Texas get a fresh financial start. Lead attorney Daniel Wright is a board-certified consumer bankruptcy specialist and a member of the National Association of Consumer Bankruptcy Attorneys. Trust our experience and personal attention to guide you every step of the way. Schedule your free consultation today!

Related Articles

Continue learning with these in-depth guides from our bankruptcy attorneys:

Our Legal Services

Machi Wright & Associates provides experienced legal representation:

Find a Bankruptcy Attorney Near You

Machi Wright & Associates serves clients throughout the Dallas-Fort Worth Metroplex:

Need Help? Talk to a Texas Bankruptcy Attorney

If you have questions about this topic, the attorneys at Machi Wright & Associates can help. We offer free initial consultations and have over 30 years of experience helping North Texas families navigate bankruptcy and debt relief.

Call us today: (817) 335-8880
Office: 1521 N Cooper St, Ste 550, Arlington, TX 76011
Hours: Monday–Friday, 8:30 AM – 5:30 PM

Five-Star Reviews

See Why Clients Trust Machi Wright & Associates

Hear From Those We've Helped

Real people in Arlington and across North Texas trust this firm when debt feels overwhelming.

Take the Next Step

Focused on Fresh Starts. Serving Arlington and North Texas.

Contact Us for a Free Bankruptcy Consultation

Have questions about Chapter 7 or Chapter 13? Ready to talk about your options? Call our Arlington office at (817-335-8880) or fill out the form below to schedule a free, confidential consultation with a bankruptcy attorney.

Debt Consolidation or Chapter 13

Bankruptcy Relief in Arlington, Texas

Your Expert Team

Get clear, practical guidance from a local Arlington bankruptcy attorney

Our Small Firm is Big on Results. With more than 30 years of experience helping regular folks in Arlington, Fort Worth, and all of DFW, Machi Wright & Associates has successfuly represented thousands of your neighbors. Contact us for a FREE consultation.

Debt Consolidation or Chapter 13

When someone is considering debt consolidation, there may be more options for them than they realize. One of those options is to talk to an attorney about Chapter 13 bankruptcy to see if it is an appropriate option for their situation. Not everyone qualifies for it, and even some that do qualify may want to seek a different route to reduce their debt. However, there is no reason why the question should not be asked. Here are some comparisons to consider when choosing between debt consolidation and Chapter 13 bankruptcy protection.

Debt Consolidation Helps Reduce Financial Burdens

For people who are burdened with debt, consolidation can help reduce the problems that are being experienced. This can free up money to pay bills and have savings, and can also mean that debt is paid off much faster than it would have otherwise been. With that in mind, though, consolidation can take time, and there will still be debt that has to be paid back. This is because consolidation primarily works with interest rates and getting a debtor’s payments and bills combined into one payment. That payment needs to be lower than the total of the payments already being made, and one of the ways that is done is through a reduction in interest rates. Another way this is done is through an extension of the time it takes to repay the debt. With lower rates and longer terms, the amount paid every month can come down and provide the debtor with some breathing room.

Both Consolidation and Chapter 13 Can Affect Credit Scores

Consolidating debt can be a good thing for a debtor because they do not have to pay as much every month. That allows them to get ahead with household bills and savings. But there are some concerns, as well. Depending on how the debt is consolidated and what means are used, the debtor’s credit score can be harmed. Getting a standard loan to consolidate is not an issue, but working with a company that will consolidate debt for a fee can mean paying less than what was owed, and that can be very harmful to a credit score. With Chapter 13 bankruptcy, a debtor’s credit score is also affected. Improving that score can take months or years, depending on the level of debt and other factors. But this type of bankruptcy gives the debtor a period of time to pay off their debt through restructuring. That time period is usually three to five years. When the debts are all paid, the debtor is clear of those bills. In comparison, debt consolidation can extend the term which means three to five years may not be enough to pay off everything that is owed. So in some cases, Chapter 13 is a better choice. Because the timing of the debt payoff may be affected, it is essential to talk to a qualified attorney about Chapter 13 bankruptcy before choosing to go with debt consolidation. Debt consolidation can be more expensive than bankruptcy and can lead to Federal Income Tax issues. When using a company for debt consolidation, be careful. Many companies will have their fees paid first before any creditors are paid, and those fees may be higher than hiring a licensed attorney to file a bankruptcy. Also, if any of the debt is to be forgiven by the creditor after completion of payment under a debt consolidation, you may receive a 1099 tax form that you may have to include on your tax return as income and pay taxes on this amount. This may lead to an unexpected tax bill owed to the IRS. In a Chapter 13 bankruptcy, if any debt is not paid and is discharged, the creditor is not allowed to issue a 1099 for the discharged debt. Speak to an experienced bankruptcy attorney to consider your options.

Related Articles

Continue learning with these in-depth guides from our bankruptcy attorneys:

Our Legal Services

Machi Wright & Associates provides experienced legal representation:

Find a Bankruptcy Attorney Near You

Machi Wright & Associates serves clients throughout the Dallas-Fort Worth Metroplex:

Need Help? Talk to a Texas Bankruptcy Attorney

If you have questions about this topic, the attorneys at Machi Wright & Associates can help. We offer free initial consultations and have over 30 years of experience helping North Texas families navigate bankruptcy and debt relief.

Call us today: (817) 335-8880
Office: 1521 N Cooper St, Ste 550, Arlington, TX 76011
Hours: Monday–Friday, 8:30 AM – 5:30 PM

Five-Star Reviews

See Why Clients Trust Machi Wright & Associates

Hear From Those We've Helped

Real people in Arlington and across North Texas trust this firm when debt feels overwhelming.

Take the Next Step

Focused on Fresh Starts. Serving Arlington and North Texas.

Contact Us for a Free Bankruptcy Consultation

Have questions about Chapter 7 or Chapter 13? Ready to talk about your options? Call our Arlington office at (817-335-8880) or fill out the form below to schedule a free, confidential consultation with a bankruptcy attorney.

Chapter 7 vs Chapter 13: Which Bankruptcy Is Right?

Bankruptcy Relief in Arlington, Texas

Your Expert Team

Get clear, practical guidance from a local Arlington bankruptcy attorney

Our Small Firm is Big on Results. With more than 30 years of experience helping regular folks in Arlington, Fort Worth, and all of DFW, Machi Wright & Associates has successfuly represented thousands of your neighbors. Contact us for a FREE consultation.

Chapter 7 or Chapter 13: Which Form Of Bankruptcy Is Right For You in Arlington Texas?

Whether you file for Chapter 7 or Chapter 13 bankruptcy, you should have an excellent legal advocate on your side. But which type of bankruptcy should you choose, and what do you need to know before talking to an attorney? The kind of bankruptcy depends on some factors, including your level and type of debt and how much money you make. The more you know before seeing an attorney, the better prepared you will be, but your attorney will also explain everything to you in a way that will help you make the right choice for your needs. Here are some things to consider about both types of consumer bankruptcy.

Chapter 13 Bankruptcy Involves a Restructuring

When you file for Chapter 13 bankruptcy, you acknowledge that you are able to pay back some of your debt, especially your secured debts. You may have a lower interest rate on a number of your accounts, a longer time to pay back certain debts, and/or a forgiveness of part of the money you owe to your creditors. How all of those things come together will depend on your specific case, your level of income, and other factors. Each Chapter 13 bankruptcy is a little bit different from others.

Chapter 7 Bankruptcy is for Those Who Cannot Repay Their Debts

If you cannot repay your debt and do not earn enough money to qualify for Chapter 13 bankruptcy, you may want to file for Chapter 7 instead. Chapter 7 is for people who are not able to repay the debts they have so they can have these debts written off.

Which Option You Choose Will Affect Your Finances Differently

Both a Chapter 7 and a Chapter 13 bankruptcy are damaging to your credit score. Chapter 13, however, shows an effort being made to repay your debt at some level. That may harm your score less than a Chapter 7, which means you will not be paying back what you owe. Both options will be on your credit report for years, however, and will continue to have an impact on your score and on whether you will qualify for new credit. As time goes on, your score will rise, and the bankruptcy will have less of an impact on your financial future. However, the higher your income, the less negative affect the bankruptcy will have on your ability to obtain credit.

The Right Attorney Can Make All the Difference

Before you choose either type of bankruptcy, talk to a qualified bankruptcy attorney who is knowledgeable about the issue. You want to be sure you are making the right choice and get the most benefit from your bankruptcy filing. With that in mind, be sure to ask plenty of questions before you decide what to do next. Being well informed about your options can help you make the right choice.

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Related Articles

Continue learning with these in-depth guides from our bankruptcy attorneys:

Our Legal Services

Machi Wright & Associates provides experienced legal representation:

Find a Bankruptcy Attorney Near You

Machi Wright & Associates serves clients throughout the Dallas-Fort Worth Metroplex:

Need Help? Talk to a Texas Bankruptcy Attorney

If you have questions about this topic, the attorneys at Machi Wright & Associates can help. We offer free initial consultations and have over 30 years of experience helping North Texas families navigate bankruptcy and debt relief.

Call us today: (817) 335-8880
Office: 1521 N Cooper St, Ste 550, Arlington, TX 76011
Hours: Monday–Friday, 8:30 AM – 5:30 PM

Five-Star Reviews

See Why Clients Trust Machi Wright & Associates

Hear From Those We've Helped

Real people in Arlington and across North Texas trust this firm when debt feels overwhelming.

Take the Next Step

Focused on Fresh Starts. Serving Arlington and North Texas.

Contact Us for a Free Bankruptcy Consultation

Have questions about Chapter 7 or Chapter 13? Ready to talk about your options? Call our Arlington office at (817-335-8880) or fill out the form below to schedule a free, confidential consultation with a bankruptcy attorney.

Bankruptcy: Chapter 7 vs Chapter 13

Bankruptcy Relief in Arlington, Texas

Your Expert Team

Get clear, practical guidance from a local Arlington bankruptcy attorney

Our Small Firm is Big on Results. With more than 30 years of experience helping regular folks in Arlington, Fort Worth, and all of DFW, Machi Wright & Associates has successfuly represented thousands of your neighbors. Contact us for a FREE consultation.

Bankruptcy: Chapter 7 vs Chapter 13

Each year, over 450,000 Americans file for personal bankruptcy protection. The decision to declare bankruptcy can be a hard one, but even once you’ve made the decision, choosing between a Chapter 7 and Chapter 13 bankruptcy can be a challenge.

It’s important to educate yourself on the pros, cons, and procedures of each type of bankruptcy so that you can decide on the best option for your situation. Once you’ve gotten some information on your choices, you can visit an attorney who specializes in bankruptcy proceedings to confirm what you’ve decided and help you through the next steps.

Read on to learn more about some of the most fundamental differences between filing a Chapter 7 and a Chapter 13 bankruptcy and what you may be able to expect from each process.

The Differences Between Chapter 7 and Chapter 13 Bankruptcies

Chapter 7 and Chapter 13 bankruptcies differ in two main respects:

What happens to your debt?

  • Chapter 7: Any qualifying unsecured debt is discharged. Secured debt, like a mortgage or auto loan, can be discharged (you relinquish the property) or reaffirmed (you keep paying the loan to retain the property).
  • Chapter 13: You follow a repayment plan (typically 3–5 years) to pay down your debts as determined by the court. Debts are not immediately discharged, but once you complete the repayment plan, remaining eligible debts may be discharged.

Timeline differences:

  • Chapter 7 cases are generally resolved in three to six months.
  • Chapter 13 lasts three to five years, during which you make regular payments.

Both types can impact your credit score, typically causing a significant (but repairable) drop. The negative impact lessens over time and with consistent, on-time payments.

Key Features Comparison Table

FeatureChapter 7 (Liquidation)Chapter 13 (Reorganization)
EligibilityPass means test (low income required)Regular income and debt under set thresholds
Duration~4-6 months3–5 years (repayment plan)
Keep property?Nonexempt assets may be soldDebtor keeps property, must pay value of nonexempt assets
Repay creditors?No (except from asset sales)Yes, according to plan approved by court
Impact on creditRemains 10 years on creditRemains 7 years on credit
Typical for…People unable to repay debts, few assetsPeople with steady income, want to keep home/car
Discharge timingAfter proceedingsAfter completion of repayment plan
Stops foreclosure?Temporarily (automatic stay)Can help catch up on missed payments

How Do You Know Which Type of Bankruptcy Is Right for You?

Consider these decision factors:

  • Do I want to keep secured assets? If you want a completely fresh start, Chapter 7 may be a better fit—it allows you to relinquish secured assets and start over. Chapter 13 is more suitable if you want to keep your home or car and catch up on missed payments.
  • Can I afford my debts if payments are streamlined? Chapter 7 is best for those overwhelmed by unsecured debt and who cannot feasibly repay it. Chapter 13 may be better for those with steady income, significant assets, and a realistic path to repaying at least a portion of their debts.
  • Are any of my debts non-dischargeable? Some debts—like student loans, alimony, child support, and certain tax debts—cannot be eliminated through bankruptcy. If most of your debt is non-dischargeable, bankruptcy may provide limited relief.

Hiring a Bankruptcy Attorney

Because there are strict limitations on how often you can file for bankruptcy, it is critical to have expert guidance as you prepare and file. A bankruptcy attorney ensures all qualifying debts are included and that you select the most advantageous form of bankruptcy for your situation. Missing a key debt or making the wrong choice can lock you out of relief for years.

If you are considering bankruptcy, reach out to Machi Wright and Associates. Their experienced attorneys will guide you through every step and help you achieve a fresh financial start.

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Need Help? Talk to a Texas Bankruptcy Attorney

If you have questions about this topic, the attorneys at Machi Wright & Associates can help. We offer free initial consultations and have over 30 years of experience helping North Texas families navigate bankruptcy and debt relief.

Call us today: (817) 335-8880
Office: 1521 N Cooper St, Ste 550, Arlington, TX 76011
Hours: Monday–Friday, 8:30 AM – 5:30 PM

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Real people in Arlington and across North Texas trust this firm when debt feels overwhelming.

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Have questions about Chapter 7 or Chapter 13? Ready to talk about your options? Call our Arlington office at (817-335-8880) or fill out the form below to schedule a free, confidential consultation with a bankruptcy attorney.

5 Bankruptcy Myths & What The Truth Actually Is

Bankruptcy Relief in Arlington, Texas

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5 Bankruptcy Myths & What The Truth Actually Is

5 Bankruptcy Myths Debunked – The Complete Truth About Filing in Arlington, Texas

Facing overwhelming debt can feel like being trapped in financial quicksand – the harder you struggle, the deeper you sink. For many residents of Arlington, Texas, bankruptcy offers a legal lifeline to escape crushing debt burdens. Yet persistent myths and misconceptions prevent countless individuals from pursuing this legitimate debt relief option.

This comprehensive guide will dispel the most common bankruptcy myths with factual information specifically relevant to Arlington residents. We’ll examine each misconception in detail, provide Texas-specific legal insights, and offer practical advice for those considering bankruptcy in Tarrant County.

Understanding Bankruptcy Fundamentals in Texas

Before addressing the myths, it’s crucial to understand what bankruptcy is – and isn’t. Bankruptcy is a federal legal process governed by the U.S. Bankruptcy Code that helps individuals and businesses eliminate or repay debts under court supervision. In Texas, most consumer bankruptcies fall under:

  • Chapter 7 (Liquidation): Eliminates unsecured debts like credit cards and medical bills
  • Chapter 13 (Reorganization): Creates 3-5 year repayment plans for debts while protecting assets

Texas has unique bankruptcy exemptions that make it particularly favorable for filers. The state allows you to choose between federal exemptions or Texas’ more generous state exemptions.

Myth #1: “Bankruptcy Means You’re a Financial Failure”

The Reality: Bankruptcy Is Often Caused by Uncontrollable Circumstances

The stigma surrounding bankruptcy persists despite overwhelming evidence that most filers are responsible people facing extraordinary circumstances. Consider these facts:

  • Medical Debt Crisis: A landmark Harvard study found that 62% of bankruptcies are medically related. Even with insurance, a serious illness can generate tens of thousands in uncovered expenses.
  • Job Market Instability: Arlington’s economy, while diverse, still sees fluctuations. Layoffs at major employers can devastate family finances.
  • Divorce Financial Fallout: The average divorce in Texas costs $15,600 (Texas Bar Association data), often creating debt burdens neither spouse anticipated.
  • Natural Disasters: From hailstorms to tornadoes, North Texas weather events frequently cause uninsured property damage leading to financial strain.

Rather than indicating failure, bankruptcy often represents the most responsible decision available. It stops creditor harassment and wage garnishment, prevents home foreclosure in many cases, creates structure for addressing tax debts, and provides legal protection while reorganizing finances.

Myth #2: “Bankruptcy Destroys Your Credit for 10 Years”

The Reality: Credit Recovery Often Begins Immediately

While a bankruptcy filing remains on credit reports for up to 10 years, its impact diminishes rapidly with responsible financial behavior.

The Credit Rebuilding Timeline

  • Pre-Filing Credit Status: Most filers already have damaged credit from late payments, collections, or high credit utilization.
  • Immediate Post-Filing Impact: Chapter 7: Initial score drop of 130-150 points. Chapter 13: Typically smaller initial impact (50-100 points).
  • 6-12 Months After Discharge: Average FICO score increase of 80+ points. Qualify for secured credit cards. Possible auto loan approval.
  • 2-4 Years After Discharge: Qualify for conventional mortgages (FHA loans after 2 years, conventional after 4). Credit cards with reasonable limits and rates.

The key is consistent, responsible credit use. Many Arlington clients see their scores rebound to the high 600s within 2-3 years post-bankruptcy.

Myth #3: “You’ll Lose Your Home, Car, and Everything You Own”

The Reality: Texas Exemptions Protect Most Assets

Texas has some of the most debtor-friendly bankruptcy exemptions in America.

Homestead Exemption (Your Home)

  • Unlimited equity protection for primary residences on up to 10 acres in cities/towns, or 100 acres for families (200 acres for singles) in rural areas
  • Applies even to luxury homes (unlike some states with dollar limits)

Personal Property Exemptions

  • $50,000 for single filers / $100,000 for families
  • Covers household goods, clothing, jewelry (up to $12,500 for family), 2 firearms, athletic equipment, pets, and HSA accounts

Vehicle Exemptions

  • 1 vehicle per licensed household member
  • No equity limit (unlike many states)

Other Protected Assets

  • Retirement accounts: 401(k)s, IRAs, pensions fully protected
  • Tools of trade: Equipment needed for work
  • College savings: 529 plans protected
  • Wildcard: $30,000 for any property

Myth #4: “You’ll Lose Your Job and Retirement Savings”

The Reality: Strong Legal Protections Exist for Both

The Bankruptcy Code (11 U.S.C. § 525) explicitly prohibits employers from terminating employment, demoting employees, reducing pay or benefits, or any other discriminatory action. This protection covers private sector employers, government employers, and federal contractors.

Texas offers ironclad protection for retirement assets through ERISA-Qualified Plans (401(k)s, 403(b)s, Pensions) and Texas State Exemptions (IRAs, SEP-IRAs, SIMPLE IRAs, Teacher Retirement System accounts).

Myth #5: “Bankruptcy Is a Simple Process You Can Handle Alone”

The Reality: Bankruptcy Requires Precise Legal Navigation

The bankruptcy process involves pre-filing requirements including mandatory credit counseling, means test calculations, and 6-month income averaging. Documentation demands include 60+ pages of forms, 4 years of tax returns, 6 months of pay stubs, complete asset listing, and debt schedules.

Common DIY filing pitfalls include exemption mistakes, paperwork errors (37% of pro se filings get dismissed in the Northern District of Texas), means test miscalculations, and creditor challenges.

Strategic Considerations for Arlington Filers

When Chapter 7 Makes Sense

  • No significant non-exempt assets
  • Primarily unsecured debts (credit cards, medical bills)
  • Income below Texas median ($67,000 for single, $87,000 family of 4)

When Chapter 13 Works Better

  • Behind on mortgage/auto payments
  • Have non-exempt assets to protect
  • Need to catch up on back taxes
  • Income above median but with high expenses

Taking the Next Steps Toward Financial Freedom

Our Arlington bankruptcy attorneys offer free initial consultations to analyze your debt situation, explain options, outline costs, and provide case timelines.

Typical case durations:

  • Chapter 7: 3-4 months (discharge in 90-120 days)
  • Chapter 13: 3-5 year repayment plan

Related Articles

Continue learning with these in-depth guides from our bankruptcy attorneys:

Our Legal Services

Machi Wright & Associates provides experienced legal representation:

Find a Bankruptcy Attorney Near You

Machi Wright & Associates serves clients throughout the Dallas-Fort Worth Metroplex:

Need Help? Talk to a Texas Bankruptcy Attorney

If you have questions about this topic, the attorneys at Machi Wright & Associates can help. We offer free initial consultations and have over 30 years of experience helping North Texas families navigate bankruptcy and debt relief.

Call us today: (817) 335-8880
Office: 1521 N Cooper St, Ste 550, Arlington, TX 76011
Hours: Monday–Friday, 8:30 AM – 5:30 PM

Five-Star Reviews

See Why Clients Trust Machi Wright & Associates

Hear From Those We've Helped

Real people in Arlington and across North Texas trust this firm when debt feels overwhelming.

Take the Next Step

Focused on Fresh Starts. Serving Arlington and North Texas.

Contact Us for a Free Bankruptcy Consultation

Have questions about Chapter 7 or Chapter 13? Ready to talk about your options? Call our Arlington office at (817-335-8880) or fill out the form below to schedule a free, confidential consultation with a bankruptcy attorney.

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