Frequently Asked Questions

Answers to the most common questions from San Antonio residents considering bankruptcy.

Cost and Eligibility

How much does it cost to file bankruptcy in San Antonio?

Chapter 7 filing fee is $338; Chapter 13 is $313. Attorney fees: $1,000-$2,000 for Chapter 7, $2,500-$4,500 for Chapter 13. Credit counseling: $25-50 total. Full cost breakdown.

What is the means test?

The means test compares your income to the Texas median. Below median = automatic Chapter 7 qualification. Above = detailed calculation.

Can I file bankruptcy more than once?

Yes, with time limits. Use the 1328(f) screener to check. Learn about filing again.

Property and Assets

Will I lose my house?

Your homestead exemption protects Unlimited (up to 10 acres urban / 100 acres rural) of equity. In Chapter 13, you can keep your home and catch up on payments. See all exemptions.

Can I keep my car?

Texas protects Fully exempt if needed for work in vehicle equity. In Chapter 13, you can keep your car. Exemption details.

What happens to my tax refund?

In Chapter 7, your refund may be an asset the trustee can claim if it exceeds exemptions. In Chapter 13, it may need to be turned over. Timing matters.

The Process

How long does bankruptcy take?

Chapter 7: 3-4 months. Chapter 13: 3-5 years. Full timeline.

What is the 341 meeting?

A brief hearing about 30 days after filing. The trustee asks questions under oath. Most last 5-10 minutes. Full guide.

What is the automatic stay?

The automatic stay stops all collection activity immediately when you file -- lawsuits, garnishments, foreclosures, repossessions, and calls.

Will bankruptcy stop wage garnishment?

Yes, immediately upon filing. Learn more.

Types of Debt and Life After

Can I file bankruptcy on medical bills?

Yes. Medical bills are fully dischargeable in both chapters.

Will bankruptcy eliminate student loans?

Generally no, except in rare hardship cases. Learn more.

Will bankruptcy affect my credit score?

Chapter 7: 10 years on report. Chapter 13: 7 years. Many see recovery within 1-2 years. Rebuilding tips.

Should I file Chapter 7 or Chapter 13?

Chapter 7 is faster; Chapter 13 lets you keep property. Given San Antonio's 62.6% Chapter 13 dismissal rate, understanding the risks is essential. Compare side by side.

Check Your Eligibility

Use the free 1328(f) screener to check whether a prior discharge affects your eligibility.

Free Discharge Screener

Open Bankruptcy Project Network