Learn: Bankruptcy in Texas
Bankruptcy is federal law, but Texas filers may elect the Texas exemptions — including a homestead exemption with no dollar cap, limited instead by acreage.
Texas authorities
- 11 U.S.C. Ch. 7 — Liquidation
- 11 U.S.C. Ch. 13 — Adjustment of Debts of an Individual
- Texas Property Code Ch. 41 — Homestead
- Texas Property Code Ch. 42 — Personal Property Exemptions
Chapter 7 versus Chapter 13
Chapter 7 discharges eligible unsecured debt after a means test; Chapter 13 reorganizes debt over a three- to five-year plan and can cure mortgage arrears.
The Texas homestead exemption
Texas Property Code Chapter 41 protects the homestead without a dollar cap, limited by acreage: generally 10 acres urban and 100 acres rural (200 for a family).
What bankruptcy does not erase
Domestic support obligations, most student loans, most recent taxes, and debts from fraud generally survive a discharge.
Frequently asked questions
Will I lose my house if I file bankruptcy in Texas?
Texas has an unlimited-value homestead exemption limited by acreage, so many filers keep their homes if the mortgage stays current.
Does bankruptcy stop child support in Texas?
No. Domestic support obligations are not dischargeable and the automatic stay does not stop their collection.
Call Winfrey Law Firm, PLLC at (713) 300-0545 — we take calls 24/7.