Choosing the Right Bankruptcy Attorney in El Paso

Use a Bankruptcy Attorney in El Paso, TX for Relief

Do you live in El Paso and feel buried under bills? Even hardworking Texas families and individuals find themselves in financial trouble. A bankruptcy attorney in El Paso could help alleviate all your burdens.

Medical debt, credit cards, job changes, and unexpected emergencies make it feel like no matter how hard you try, you can’t catch up. It's discouraging, stressful, and even frightening.

One of the largest cities in West Texas, El Paso is home to more than 670,000 people. It’s a vibrant city with a strong military presence at Fort Bliss, a growing job market, and a cost of living that’s lower than the national average. But that doesn’t mean life here is always easy.

When the numbers simply don’t add up, filing bankruptcy in El Paso may become the only way to get an actual fresh start.

A trusted bankruptcy attorney in El Paso, TX will guide you through the process with compassion, clearly explain your options, and help you protect the things that matter most (like your home, vehicle, and future).

Why You Need a Local El Paso Bankruptcy Attorney

When you’re already stressed about money, the last thing you need is to feel like you’re navigating the legal system alone.

Many people start by searching online for “bankruptcy attorney near me El Paso TX.” This can often lead to generic, out-of-state firms. However, the reality is that working with a local bankruptcy lawyer in El Paso has significant advantages.

Reason #1) Texas Exemptions Work Differently

Bankruptcy law varies from one jurisdiction to another. Every state has its own set of rules for what property you can keep. Texas has some of the strongest protections in the country, but they can be complex and nuanced. A bankruptcy attorney in El Paso, TX, will know precisely how to apply these rules to your case so you don’t lose more than you should.

For example, Texas offers an unlimited homestead exemption, which means most families in El Paso can protect their homes, regardless of the equity they’ve built, as long as the property meets acreage limits.

Each licensed household member can also keep one vehicle, no matter its value. Personal property exemptions enable you to retain everyday essentials, such as clothing, furniture, and tools of your trade. A local lawyer ensures that these protections are applied correctly.

Reason #2) Familiarity With the El Paso Bankruptcy Court

If you file for bankruptcy in El Paso, your case will be handled by the U.S. Bankruptcy Court for the Western District of Texas: El Paso Division.

A local attorney is familiar with all the judges, trustees, and staff who handle these cases daily. They are familiar with what the court expects, how hearings are scheduled, and how to ensure the process runs as smoothly as possible.

Reason #3) Highly Accessible Support

Perhaps the most significant benefit of working with a local lawyer is knowing you’ll have someone local that you can turn to for guidance. A bankruptcy attorney in El Paso can respond quickly if you’re facing foreclosure, repossession, or wage garnishment. Many local attorneys also offer free consultations, giving you the chance to talk through your concerns before making any major decisions.

Do You Qualify for Bankruptcy in El Paso?

What is the Means Test?

The means test for bankruptcy is designed to ensure that only El Paso residents who genuinely need debt relief have access to Chapter 7. It has two parts:

• Median Income Comparison: If your household income is below the Texas median, you will automatically pass.
• Disposable Income Calculation: If income is above the median, the court will review your allowed expenses (mortgage, car payments, taxes, food, utilities, healthcare, etc.) to determine whether you have enough money to repay debts under Chapter 13.

El Paso Median Income Thresholds (2024/2025)

Understanding Bankruptcy Options in El Paso

Chapter 7 Bankruptcy in El Paso (Fresh Start)

Chapter 7 bankruptcy offers a fresh start by discharging most unsecured debts, including medical bills, credit card debt, and personal loans. For many El Paso residents, this is the most effective way to eliminate debt, often requiring only three to six months.

Exemptions Specific to Texas

• Homestead exemption: Unlimited equity in your primary residence (up to 10 acres in an urban area or 100 acres rural for individuals, 200 acres rural for families). This means that most homeowners in El Paso can fully protect their homes.
• Motor vehicle exemption: One vehicle per licensed household member (regardless of value).
• Other exemptions: Personal property (clothing, furniture, firearms, livestock, jewelry, and tools of the trade) up to $50,000 for an individual or $100,000 for a family.
• Retirement accounts: 401(k)s, IRAs, and pensions are fully exempt.

A skilled bankruptcy attorney in El Paso, TX, will make sure Texas bankruptcy exemptions are properly applied so you can keep essential assets while eliminating debt.

Trustee Assignment

When you file for Chapter 7 in El Paso, the U.S. Trustee Program assigns a local trustee from the Western District of Texas. Their role is to review your petition, oversee the 341 meeting of creditors, and determine whether any non-exempt assets must be sold to repay debts.

Chapter 13 Bankruptcy in El Paso (Debt Reorganization)

For those with a steady income or non-exempt assets, Chapter 13 bankruptcy offers a way to reorganize debt while preserving valuable property. This is especially critical for homeowners, farmers, or small business owners in El Paso who want to stop foreclosure or restructure secured debts.

Chapter 13 Filing Statistics

• Over the 12 months (ending June 30, 2025), total Texas filings increased to 542,529 (an 11.5% rise from the previous year).
• Between 2000 and 2023, Texas saw 43,985 Chapter 13 cases filed, with the most recent year reported in a large American Bankruptcy Institute (ABI) study.
• El Paso attorney fees for Chapter 13 cases typically range from $2,500 to $3,825.

How Chapter 13 Repayment Plans Are Structured

An El Paso bankruptcy attorney will help you design a repayment plan that fits any budget, giving you space to recover financially while keeping your property.

• Plans are spread out over 3 to 5 years.
• Payments are based on income, necessary expenses, and non-exempt property values.
• Chapter 13 immediately stops foreclosure, repossession, and wage garnishment while allowing you to repay what you can afford.

Bankruptcy Courts Serving El Paso Residents

Bankruptcy cases in El Paso fall under the jurisdiction of the U.S. Bankruptcy Court for the Western District of Texas - El Paso Division.

Filing and Jurisdiction Notes for El Paso Cases

• The El Paso Federal Courthouse is where you can find the clerk’s office for bankruptcy filings. Residents file petitions and related documents there, though electronic filing (ECF) is required for attorneys.
• There’s a document drop box available for filings, typically near the clerk’s office entrance.
• The U.S. Trustee’s Office for Region 6 oversees bankruptcy cases in the Western District of Texas, including El Paso. They handle trustee assignments, 341 meetings, and case oversight.
• The El Paso Division is staffed by bankruptcy judges who preside over both Chapter 7 and Chapter 13 matters. Chapter 7 trustees manage liquidation cases, while a standing Chapter 13 trustee is appointed to oversee repayment plans.
• Check the Western District of Texas Bankruptcy Court website to confirm your assigned trustee, judge, or updated filing requirements.

Cost of Bankruptcy in El Paso, TX

One of the top questions families ask is: How much does it cost to file bankruptcy with a lawyer?

• Court filing fees: Chapter 7 about $338, Chapter 11 about $313
• Typical attorney fees: Chapter 7 is typically $1,200-$2,500+ for individual cases in Texas. Chapter 13 is typically more expensive, costing between $3,500 and $5,000.

What Affects the Cost?

• Complexity of your assets and debts
• Attorney experience
• Upfront vs. payment plan
• Credit counselling/debtor education courses

The Bankruptcy Process: Step-by-Step for El Paso Residents

Here’s what to expect when hiring a bankruptcy lawyer in El Paso:

• It all starts with an online search for an “inexpensive or free bankruptcy lawyer consultation near me.” Once you have hired an attorney, use the time to discuss your debts, income, and goals.
• The next step is to file with the court. An automatic stay takes effect to stop foreclosure and wage garnishment.
• Bankruptcy trustee meetings are then scheduled. This is your opportunity to answer a few straightforward questions about your debts and the reasons you need help.
• Discharge happens last. Depending on whether it is a Chapter 7 or Chapter 13 bankruptcy, debts are either erased or reorganized.

Protecting Your Assets Under Texas Law

Bankruptcy exemptions in Texas protect these assets:

• Your home equity (unlimited).
• Your car (value is not considered)
• Household goods, clothing, and retirement accounts.

A skilled El Paso debt relief attorney will always ensure you’re not left without the things you need to rebuild.

Local Bankruptcy Resources for El Paso Residents

Bankruptcy Trustee Contacts (U.S. Trustee Program)

The U.S. Trustee Program oversees bankruptcy proceedings (including trustee assignments) for El Paso, TX

Key Local Chapter 13 Trustee Contact:

Trustee: Stuart C. Cox (Standing Chapter 13 Trustee, El Paso Division)
Address: 1760 N. Lee Trevino Dr., Suite 124, El Paso, TX 79936
Phone: (915) 598-7674
El Paso Trustee Website

U.S. Trustee’s Office Contact (Region 6 – Western District of Texas):

Address: 615 E. Houston St., Suite 533, San Antonio, TX 78205
Phone: (210) 472-4640

Bankruptcy Statistics in El Paso

• In 2024, 544 business bankruptcy cases were filed in the Northern District of Texas (combining all divisions). This provides insight into the commercial pressure in the area.
• Residential bankruptcy filings (U.S.) rose by ~14-15% in 2024 over 2023.
• From January to November 2024, El Paso recorded 1,470 total bankruptcy cases (Chapters 7, 11, 13, etc.), up from 1,271 cases during the same period in 2023. That’s an increase of 199 cases, or about 15.7%.

Key Qualities to Look for in an El Paso Bankruptcy Attorney

When you’re searching for the best bankruptcy lawyer El Paso, TX has to offer, look for:

• Deeply embedded regional Texas knowledge
• Years of experience with El Paso cases
• Quick responses—don’t wait days to get an answer.
• The best bankruptcy lawyer near El Paso with reviews to see who other people in the area recommend.
• Credentials with the Texas bankruptcy law firm community.

El Paso Bankruptcy FAQs

Do I need a lawyer to file for bankruptcy in Texas?

While you can still file on your own, it is highly recommended that you work with a bankruptcy attorney in El Paso, TX. A local attorney is familiar with Texas exemptions, trustees, and procedures within the Western District of Texas court system. Having professional guidance helps avoid mistakes, maximizes assets you can protect, and ensures the case moves smoothly.

Where do El Paso residents attend their 341 meeting?

For Chapter 7, 12, and 13 cases filed on or after May 1, 2024, §341 “meeting of creditors” hearings are conducted by Zoom videoconference.

If the trustee or U.S. Trustee orders an in-person appearance, the meeting will be held at the U.S. Bankruptcy Court, Western District of Texas, 511 E. San Antonio Ave., Room 444, El Paso, TX 79901.

Can I keep my house or car?

Most of the time, yes. Texas provides some of the strongest property protections in the country for bankruptcy:

• Homestead exemption: Unlimited equity protection in your residence, limited only by acreage (10 acres urban, 100 acres rural for individuals, 200 acres rural for families).
• Car exemption: One vehicle per licensed household member, regardless of value.

A bankruptcy lawyer in El Paso, TX, will ensure that these exemptions are applied correctly to protect vulnerable assets.

How long does bankruptcy stay on a credit report?

It typically stays on for 7–10 years. Rebuilding your credit after bankruptcy discharge is possible with strategic planning.

What is the median income for the 2025 Texas means test?

For cases after May 2025, the statewide median for one person is approximately $63,448. Add approximately $11,100 for each additional household member when assessing Chapter 7 eligibility.

Will bankruptcy stop a foreclosure on my El Paso home?

Filing for bankruptcy triggers the automatic stay, which immediately halts foreclosure proceedings. In Chapter 13, you can catch up on missed mortgage payments over 3–5 years. In Chapter 7, you gain temporary protection while you evaluate options with your El Paso bankruptcy attorney.

Are 401(k)s and IRAs safe in a Texas bankruptcy?

Qualified retirement plans (such as 401(k)s, IRAs, CalPERS pensions, etc.) are fully exempt under both Texas systems. This means they can’t be seized by the trustee or used to calculate Chapter 13 repayment amounts.

How long does the bankruptcy process take in El Paso?

In Texas, you can anticipate these timeframes:

• Chapter 7 (no-asset cases): Usually 4–6 months from filing to discharge.
• Chapter 13: Lasts 3–5 years, since you repay debts through a structured plan.

Remote hearings, mandatory electronic filing, and the El Paso court’s established process help keep most cases on schedule.

Bankruptcy Success Stories in El Paso

1) Fort Bliss Family Keeps Their Home

After a medical emergency and a PCS-related job gap, the R. family near Fort Bliss fell months behind on their mortgage and two auto loans. Their attorney filed a Chapter 13 to stop a pending foreclosure and consolidate arrears into a 5-year plan. With Texas homestead protection and one-vehicle-per-licensed-household-member rules applied correctly, they kept their home and both cars. Two years in, they’ve made every trustee payment on time, credit scores have begun to rebound, and they’ve built a small emergency fund for the first time.

2) Owner-Operator Rebuilds After Freight Slowdown

Luis, an El Paso owner-operator hauling along I-10, saw freight rates collapse while repair bills piled up. High-interest cards and a business line of credit were about to trigger lawsuits. In Chapter 7, his unsecured debts were discharged; tools of the trade and his primary pickup were protected under Texas exemptions, letting him keep working. He renegotiated lanes with better fuel surcharges and, within six months, replaced revolving debt with a simple cash-based budget.

3) Nurse Clears Medical Debt and Starts Saving

Marisol, a nurse who picked up shifts at two El Paso clinics, carried heavy medical and credit card balances after caring for a family member. Collection calls and a threatened wage garnishment made it impossible to catch up. Her Chapter 7 case wiped out most unsecured debt in under five months; retirement accounts remained fully exempt. With the pressure gone, she set up automatic savings, financed a reliable used car at a fair rate, and began planning to buy a modest condo within two years.

Take the Next Step Toward Financial Freedom in El Paso

Regardless of your situation, you deserve the opportunity to start over without the burden of overwhelming debt. Don’t wait until the stress of garnished wages or foreclosure knocks at your door. Turn to a local El Paso bankruptcy attorney who will prioritize your needs.