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"Avoiding" a Judgment Lien on Your Home in Chapter 13
A creditor who wins a lawsuit against you may record its judgment in the county where you own real estate. That record can create a judgment lien or, in Texas, create a problem that clouds the title to your homestead.
Bankruptcy gives homeowners a way to deal with many judicial liens. Both Chapter 7 and Chapter 13 bankruptcy can provide a procedure for removing, or "avoiding," judgment liens. However, Chapter 13 can be especially useful when the judgment lien is only one of several problems threatening your home.
If you are struggling with a judgment lien or overdue mortgage payments in 2026, our Kerrville Chapter 13 bankruptcy lawyer can help.
What Is a Judgment Lien on a Texas Home?
A judgment lien usually begins with a lawsuit. For example, let’s say you stop paying a credit card after losing your job. The creditor sues you, wins a judgment, and then records an abstract of that judgment in the county where you own property.
Secured Creditors' Proofs of Claim in Chapter 13
A Chapter 13 bankruptcy allows you to reorganize your debts through a court-approved repayment plan lasting three to five years. If you want to keep property that secures a loan, such as a vehicle or home, your plan must explain how the debt will be handled.
However, listing a secured creditor in your bankruptcy documents and proposing payments in your Chapter 13 plan may not be enough for the creditor to receive money from the trustee. A proof of claim usually must be filed before a creditor can receive distributions through the plan.
This filing can have a major effect on whether you keep important property and whether your bankruptcy case proceeds as expected. If you are considering Chapter 13 bankruptcy in 2026, a New Braunfels Chapter 13 bankruptcy lawyer can help you understand how secured claims should be treated.
The Financial Effect of Surrendering Collateral in Chapter 13
Chapter 13 bankruptcy gives you several ways to deal with property tied to secured debt. You may be able to keep your home, vehicle, or other property and continue paying for it. You may also decide that keeping the property no longer makes financial sense.
In these situations, surrendering the collateral gives you room to rebuild. However, surrender does not always erase the entire debt immediately. The creditor may sell the property and file a claim for any balance left over.
If you are considering surrendering collateral in a Chapter 13 case in 2026, a Schertz bankruptcy attorney can explain how the decision may affect your payment plan, remaining debt, and monthly budget.
What Is Collateral in a Chapter 13 Bankruptcy?
Collateral is property that secures a debt. If you stop paying, the creditor has the right to take and sell that property. The most common examples include a home securing a mortgage and a vehicle securing an auto loan. Other examples of secured debts include business equipment, furniture, and jewelry.
A Chapter 7 "Means Test" Calculation Adjustment
The numbers used in the Chapter 7 bankruptcy means test change from time to time. Even a fairly small adjustment can affect whether someone qualifies for Chapter 7.
Because the correct figures depend on exactly when your case is filed, you should not rely on an old online calculator or assume that numbers from a previous bankruptcy case still apply for a 2026 bankruptcy filing.
A Boerne bankruptcy attorney can complete the calculation using your income, household size, debts, expenses, and anticipated filing date.
What Is the Chapter 7 Means Test?
Chapter 7 bankruptcy allows people who qualify to discharge many unsecured debts. However, Congress created the means test to screen out higher-income debtors who may have enough money available to repay part of what they owe.
Protecting Excess Home Equity Through Chapter 13
Texas homestead protections are among the strongest in the country, but they aren’t unlimited. If you own a home with more equity than the exemptions cover, filing for Chapter 7 bankruptcy could put that equity, and potentially your home itself, at risk.
Chapter 13 bankruptcy offers a different path. For many Texas homeowners with substantial equity in their homes, Chapter 13 is not just a better option than Chapter 7. It may actually be the only practical way to keep the home, protect the home’s equity, and still get meaningful debt relief. Our San Antonio bankruptcy attorney can explain more.
Can You Have Too Much Home Equity to File for Bankruptcy?
To understand why too much equity creates a problem, it helps to understand how the homestead exemption works. In Texas, the homestead exemption protects up to ten acres of land and any improvements on it. The equity itself is unlimited for qualifying homesteads under Texas law, one of the most generous protections in the country. However, the unlimited homestead exemption only applies in state court proceedings. In a federal bankruptcy case, there are limits.
What Does an IRS Tax Levy Mean in Texas?
Receiving notice that the IRS intends to seize your property or income is one of the most alarming things that can happen. If you have unpaid federal taxes and the IRS has started sending notices, finding out exactly what an IRS tax levy is is the first thing you need to do so you can understand your options. Our Boerne, TX bankruptcy attorney helps good people in tough situations deal with IRS tax levies. Call us today at 210-342-3400.
What Is an IRS Tax Levy?
A tax levy is the IRS's legal right to seize your property or assets to satisfy a tax debt you have not paid. Unlike a tax lien, which is a legal claim against your property, a levy is the actual taking of that property. Once the IRS follows through on a levy, they can get what you owe directly from your assets without going through a court first.
What Are the Laws for Filing Multiple Bankruptcies?
Filing for bankruptcy once is a big decision. Filing more than once raises a lot of questions. There are some important legal limits to filing for bankruptcy twice that you need to understand before you move forward.
The good news is that filing for bankruptcy more than once is legal. But there are waiting periods between filings. Those waiting periods depend on which type of bankruptcy you filed before and which type you want to file now.
If you are dealing with debt problems and you have been through bankruptcy before, our New Braunfels bankruptcy attorney can tell you what you need to know.
Is It Legal to File for Bankruptcy More Than Once?
Nothing in federal bankruptcy law says you can only file once. Many people who file a second or even third time are not doing anything wrong. They may have faced a new financial crisis years after their first case closed, such as a serious illness, job loss, or divorce. Life is unpredictable, and Congress built the bankruptcy system with that in mind.
The Difference between a True Lease and a Secured Purchase
When you sign a lease agreement, you probably assume you're renting. But in bankruptcy, what a contract is called doesn't always match what it actually is. Some agreements labeled as "leases" are actually disguised purchase contracts, and that distinction changes how your bankruptcy case can handle the debt.
If you're thinking about filing for bankruptcy in Texas, a New Braunfels bankruptcy attorney can help. We can figure out whether your "lease" is really a lease or something else entirely, and how it fits into your broader bankruptcy case.
What Is the Difference Between a True Lease and a Secured Purchase?
A true lease means you're paying for the right to use property for a set period of time. When the lease ends, you give the property back. A secured purchase, by contrast, means you're buying the property over time, and the seller holds a security interest until you've paid in full.
What Is a Chapter 20 Bankruptcy?
You've probably heard of Chapter 7 and Chapter 13 bankruptcy. But there's a third strategy that combines both, and it goes by an unofficial name: Chapter 20 bankruptcy. It's not a real chapter in the bankruptcy code. But it is a real strategy that Texas residents use to get out from under debt that Chapter 7 and Chapter 13 can’t solve on their own.
If you’re interested in filing for bankruptcy and wondering what the best approach for your case might be, our San Antonio bankruptcy lawyer can help.
What is "Chapter 20" Bankruptcy?
Chapter 20 bankruptcy isn’t a real legal term. Instead, the name comes from simple math: 7 plus 13 equals 20. Courts and bankruptcy attorneys across Texas recognize it as a possible option, even though you won't find it written in federal law. To understand Chapter 20, you need to understand what Chapter 7 and Chapter 13 do on their own, and why each one sometimes falls short of a real person’s needs.
Suing a Creditor in Bankruptcy
Most people think about bankruptcy as a purely defensive process. You file for bankruptcy, the process immediately offers certain protections, and eventually your debts are wiped out or affordably restructured. What many people don't realize is that bankruptcy also gives you real tools to go on the offense when creditors step out of line or when a debt's status is genuinely unclear.
If you are dealing with a creditor who won't follow the rules or a debt that isn't clearly covered by your discharge, you may have the right to sue that creditor directly in bankruptcy court. This might sound intimidating, but bankruptcy court is actually one of the most practical places to resolve these issues. You also already have a Texas bankruptcy attorney on your side who knows your situation and whether credit card companies are doing things they shouldn’t.
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