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Texas law

Bankruptcy Laws in Texas.

Bankruptcy is governed by federal law, but Texas determines which property exemptions apply. Texas has one of the most generous homestead exemptions in the country — unlimited in value for up to 10 acres in an urban area or 100 acres in a rural area for a single person (200 acres for a family). Texas does NOT allow filers to choose federal exemptions; state exemptions must be used.

Last verified: 2026-02-25

State law

Filing Requirements

Chapter 7 Filing Fee$338

Federal filing fee for Chapter 7 bankruptcy. Fee waivers available for qualifying low-income filers.

Chapter 13 Filing Fee$313

Federal filing fee for Chapter 13 bankruptcy.

Credit Counseling Requirement

You must complete credit counseling from an approved agency within 180 days before filing and a debtor education course before discharge.

Means Test

Chapter 7 filers must pass a means test comparing their income to Texas's median income. Texas's cost of living varies significantly by region, which affects the median income calculations.

State law

Key Texas Statutes

Protects your primary residence with unlimited value, as long as it sits on 10 or fewer acres in a city/town or 100 acres (200 for families) in a rural area. This is one of the most generous homestead exemptions in the country.

Personal Property ExemptionsTex. Prop. Code § 42.001–42.002

Protects up to $50,000 in personal property for a single person ($100,000 for a family), including home furnishings, clothing, food, farming equipment, tools of trade, one motor vehicle per licensed household member, and other specified items.

Retirement Account ExemptionsTex. Prop. Code § 42.0021

IRAs, 401(k)s, pensions, annuities, and other qualified retirement accounts are fully exempt from creditors in Texas bankruptcy, with no dollar limit.

Texas has some of the strongest wage protections in the country. Current wages cannot be garnished for most debts. Exceptions include child support, student loans, taxes, and court-ordered restitution.

No Federal Exemption OptionTex. Prop. Code § 42.002(a)

Texas does not allow bankruptcy filers to choose federal exemptions. You must use the Texas state exemption system, which is generally more generous than the federal exemptions, particularly for homestead and retirement accounts.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Texas.

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