Hiring a Bankruptcy Lawyer in Texas
How bankruptcy lawyers are paid, the Texas means test and exemptions, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Texas: fee rules
| Rules on contingency fees | Under Texas Disciplinary Rule of Professional Conduct 1.04(d), a contingent fee agreement must be in writing and state how the fee is determined; if the percentage differs for settlement, trial or appeal, each percentage must be stated. The agreement must state the litigation and other expenses to be deducted from the recovery and whether they are deducted before or after the fee is calculated. At the end, the lawyer must give the client a written statement describing the outcome and, if there is a recovery, the remittance and how it was determined. Rule 1.04(e) bars contingent fees for defending a criminal case. Rule 1.04(a) prohibits illegal or unconscionable fees. |
|---|---|
| If you disagree with a lawyer's bill | The State Bar of Texas's Client-Attorney Assistance Program (CAAP), a confidential statewide dispute resolution service, helps clients and lawyers resolve minor disagreements and can help you communicate with your attorney about a fee, but it cannot recover fees or refunds. If you believe a fee is unjust or unsupported by the fee agreement or work performed, the bar advises filing a grievance; CAAP and the grievance process cannot be used at the same time. CAAP staff answer 1-800-932-1900. |
| If a lawyer takes your money | The State Bar of Texas Client Security Fund generally requires a grievance that results in findings that the lawyer stole the client's money or failed to refund an unearned fee, unless the lawyer is already disbarred, resigned in lieu of discipline or deceased, plus proof of the loss. Apply online within 18 months after the date of the disciplinary judgment. |
Texas rules to know first
| Standard Chapter 13 lawyer fee | Northern District of Texas: General Order 2026-01, Standing Order Concerning All Chapter 13 Cases (effective February 11, 2026), provides that in an individual non-business case or Level 1 business case the court presumes $4,250.00 (the "Standard Fee") to be reasonable compensation and reimbursement of expenses for debtor's counsel under 11 U.S.C. 330(a)(3)(B), and in a Level 2 business case presumes $5,000.00 (the "Business Standard Fee"); the court allows these fees plus costs without a fee application. Southern District of Texas: under the court's fixed fee procedure, Form No. 13-10, Standard Application for Fixed Fee Agreement (effective April 1, 2025), caps the agreed fixed fee (including all expenses except the filing fee) at $5,000.00 ($4,500.00 maximum if the case is dismissed before confirmation or less than 120 days after confirmation), with separate capped fixed fees for listed later matters; Form No. 13-11, Non-Standard Application for Fixed Fee Agreement (effective April 1, 2025), used in listed complex cases (e.g., multiple real properties or larger businesses), caps the fixed fee at $6,200.00 ($5,700.00 if dismissed before confirmation or within 120 days after). Eastern District of Texas: under LBR 2016(h)(1) (local rules revised August 22, 2022), a formal fee application is not required if counsel requests $4,500 or less for the Benchmark Fee Period (through the first post-confirmation modification after the trustee's claims reconciliation, or the trustee's certification that claims are reconciled) where counsel handled no automatic stay litigation, or $5,000 or less where counsel did handle stay litigation; each benchmark includes prepetition payments and may be increased by $500 for a debtor engaged in business when certified by the trustee. Western District of Texas: the Standing Order Regarding Benchmark Fees in Chapter 13 Cases (signed December 18, 2024; Order 25-04), under Local Rule 2016-1(f)(2), sets the benchmark fee for basic required services in cases filed on and after February 3, 2025: Austin $5,400 business / $4,900 non-business (plus an additional $300 if the plan is confirmed at the first hearing); El Paso, San Antonio, Waco and Midland $5,000 business / $4,500 non-business; supplemental benchmark fees apply to listed non-basic services (e.g., $750 for a post-confirmation contested stay relief motion). Southern District forms: https://www.txs.uscourts.gov/sites/txs/files/13-10_Standard_Application_For_Fixed_Fee_Agreement.pdf and https://www.txs.uscourts.gov/sites/txs/files/13-11_Non-Standard_Application_For_Fixed_Fee_Agreement.pdf ; Eastern District local rules: https://www.txeb.uscourts.gov/sites/txeb/files/2022%20LOCAL%20RULES_rev%20as%20of%208-22-22.pdf ; Western District standing order: https://www.txwb.uscourts.gov/sites/txwb/files/12-18-2024-Standing_Order_Regarding_Benchmark_Fees_in_Chapter_13_Cases.pdf |
|---|---|
| Means test median income | Median family income for Texas: 1 person $66,837; 2 people $86,714; 3 people $99,273; 4 people $117,962; add $11,100 for each additional person beyond 4. These figures apply to bankruptcy cases filed on or after July 15, 2026. Used in the Chapter 7 means test (Official Forms 122A-1 and 122C-1). The table's first column is labeled "1 EARNER." The same figures were posted for cases filed April 1 through July 14, 2026. The U.S. Trustee Program updates the table periodically. |
| Homestead exemption | Texas law sets no dollar limit on the homestead exemption; it is limited by area instead. An urban homestead (or an urban home also used for a business) may be up to 10 acres, in one or more contiguous lots. A rural homestead may be up to 200 acres for a family, or 100 acres for a single adult, in one or more parcels. The homestead is exempt from seizure for creditors' claims except for liens properly fixed on it (such as purchase money, property taxes, written contracts for improvements, certain refinances, home equity loans, and reverse mortgages that meet constitutional requirements). Proceeds from selling a homestead are protected for six months after the sale. Section 41.002(c) defines when a homestead is urban. Section 41.008 says that where federal law caps the homestead amount or acreage, the Texas subchapter prevails to the extent federal law allows; the federal Bankruptcy Code can limit homestead exemptions in some situations (for example, recently acquired homesteads). |
Find and check a lawyer
| Lawyer referral service | The State Bar of Texas Lawyer Referral & Information Service (LRIS) helps you find a lawyer or other resource matched to your legal needs and financial means; staff cannot give legal advice. For Bexar, Dallas, Harris, Jefferson, Travis and Tarrant Counties, use the local certified lawyer referral service listed by the State Bar. For all other counties, call (800) 252-9690 (Monday-Friday, 8:30 a.m.-4:30 p.m. CST; Spanish spoken) or use the online referral. After the referral, you call to make an appointment; the lawyer provides up to a 30-minute consultation for no more than $20. LRIS has no participating attorneys who offer free or reduced-fee help, and fees after the consultation are set between you and the lawyer. |
|---|---|
| Check that the lawyer is licensed | The State Bar of Texas's online membership directory (Find a Lawyer) provides basic information about attorneys licensed to practice in Texas. The bar notes the information is provided as is, without warranty, and that the directory is not a certified lawyer referral service. |
| Check discipline history or file a complaint | Grievances against Texas lawyers go to the State Bar of Texas Office of Chief Disciplinary Counsel. Complete the current grievance form (effective October 1, 2025) through the bar's online submission system, or mail or fax it to State Bar of Texas, Chief Disciplinary Counsel's Office, P.O. Box 13287, Austin, Texas 78711 (fax 512-427-4315); outdated or incomplete forms are rejected, and supporting documents should be copies. Within 30 days the Chief Disciplinary Counsel classifies the grievance as an Inquiry (dismissed) or a Complaint (investigated, with the attorney asked to respond). A dismissed grievance can be amended and re-filed within 20 days of the dismissal notice, and dismissals can be appealed to the Board of Disciplinary Appeals. Grievance Information Helpline: 1-800-932-1900. |
Free legal help
| Free legal aid | Free civil legal aid for low-income Texans is provided by regional legal aid programs. The Legal Services Corporation (LSC) lists three Texas grantees: Legal Aid of NorthWest Texas, Lone Star Legal Aid, and Texas RioGrande Legal Aid. The State Bar's LRIS page also links a self-service tool for finding free or reduced-fee legal resources by county. |
|---|
All legal help in Texas · Do I need a lawyer?
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.