Best Restructuring & Insolvency Lawyers in Texas

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Founded in 1891
1,287 people in their team
English
For 130 years, Baker Donelson has built a reputation for achieving results for our clients on a wide range of legal matters. While providing legal services is our focus, it is how we deliver them that sets us apart. Our goal is to provide clients with more than what they have come to expect from a...
Peña & Bromberg
Fresno, United States

Founded in 1984
English
Peña & Bromberg is a highly respected California law firm recognized for its focus on elder law, employment law, and social security disability matters. With a dedicated team of attorneys, the firm brings a wealth of experience to navigating complex legal challenges and advocacy before the Social...
Arnold & Porter Kaye Scholer LLP
Houston, United States

Founded in 1946
2,057 people in their team
English
At Arnold & Porter, we are client-driven and industry-focused. Our lawyers practice in more than 40 practice areas across the litigation, regulatory and transactional spectrum to help clients with complex needs stay ahead of the global market, anticipate opportunities and address issues that...
Jones Day
Dallas, United States

Founded in 1893
2,500 people in their team
English
Jones Day has a history of more than 125 years and a culture of client service and professionalism based on explicit shared values. These values include providing pro bono legal services, building diversity in our profession, and supporting outreach efforts around the world.Jones Day has a long...
Fresno, United States

Founded in 2021
English
Clason Immigration Law Firm, located in Fresno, California, specializes exclusively in immigration law, offering comprehensive services in deportation defense, family-based green cards, U-visas for crime victims, and U.S. citizenship and naturalization. The firm is led by Attorney Jeremy Clason,...
Greenberg Traurig, LLP.
Austin, United States

Founded in 1967
2,300 people in their team
English
Five decades ago, while at lunch in a South Florida deli, attorneys Larry J. Hoffman, Mel Greenberg, and Robert Traurig saw an opportunity to establish a new breed of law firm for South Florida; a firm that mirrored a New York style firm. In 1967, they founded the law firm Greenberg Traurig...

English
Moore Law Firm - Property Damage & Insurance Attorneys is a McAllen-based practice focused on first-party insurance claims and serious personal injury matters. The firm emphasizes property-claim work such as hail, windstorm, fire, and roof damage while also handling a broad spectrum of accident...
Adams and Reese LLP
Houston, United States

Founded in 1951
610 people in their team
English
Study our experience and credentials to understand why we belong on your short list. Get to know us as people, and you’ll recognize our dedication to client service. At Adams and Reese, we take things personally. Our people are connected - to each other, to our clients, our families, and our...
Weil, Gotshal & Manges LLP
Dallas, United States

Founded in 1931
1,100 people in their team
English
Founded in 1931, Weil has provided legal services to the largest public companies, private equity firms and financial institutions for the past 90 years. Widely recognized by those covering the legal profession, Weil’s lawyers regularly advise clients globally on their most complex Litigation,...

Founded in 1948
1,700 people in their team
English
The traits that fueled Skadden’s rise from a New York startup to a global powerhouse - collaborative, innovative, persistent - continue to define our firm culture. We remain intensely focused on the simple formula of developing an inclusive complement of extraordinary attorneys, working together...
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About Restructuring & Insolvency Law in Texas, United States

Restructuring and insolvency law in Texas covers the legal processes and solutions available to individuals and businesses unable to meet their financial obligations. These laws provide a structured way to address debt problems, reorganize finances, and, in some cases, discharge debts entirely. The primary aim is either to help struggling debtors regain financial stability or to maximize value for creditors. Texas follows both state-specific statutes and federal laws, most notably the United States Bankruptcy Code. These rules set out how bankruptcies, receiverships, and reorganizations are conducted. Whether dealing with business debt, personal insolvency, or creditor rights, the field is complex and involves numerous procedures and legal considerations.

Why You May Need a Lawyer

Legal assistance in restructuring and insolvency is often beneficial due to the complexity and high stakes involved. Here are common situations where people in Texas typically require a lawyer's help:

  • You are a business owner facing overwhelming debts and considering filing for bankruptcy or restructuring your operations.
  • You are an individual unable to pay personal debts and want information about your options under bankruptcy laws.
  • You are a creditor seeking to recover what is owed to you from a business or person who has filed for bankruptcy.
  • You need help negotiating with creditors to avoid bankruptcy but require a formal restructuring plan.
  • You have received notice that legal action, such as foreclosure or repossession, may be taken due to unpaid debts.
  • You want to understand your rights regarding asset protection, debt relief, or rebuilding credit after insolvency.
  • You are navigating complex issues such as cross-border insolvency, multi-state assets, or commercial disputes.

Attorneys help you understand your rights, protect your interests, and ensure all procedures are followed correctly under Texas and federal law.

Local Laws Overview

Texas restructuring and insolvency law operates within the framework of federal bankruptcy law, but there are important local aspects to consider:

  • Homestead Exemption - Texas has one of the most generous homestead exemptions in the nation, allowing individuals to protect their primary residence from creditors during bankruptcy, subject to certain acreage limits.
  • Personal Property Exemptions - Texas law also shields significant amounts of personal property, which can impact both bankruptcy outcomes and creditor remedies.
  • Bankruptcy Courts - While bankruptcies are handled in federal courts, cases are processed locally through the United States Bankruptcy Courts for the Northern, Southern, Eastern, and Western Districts of Texas.
  • Assignment for the Benefit of Creditors - Texas businesses sometimes use this state-level alternative to bankruptcy for liquidating assets.
  • Foreclosure Laws - Texas is a non-judicial foreclosure state, which means lenders may repossess property more rapidly than in other states if secured debts are not paid.
  • Receiverships - Texas courts may appoint receivers to manage or liquidate assets belonging to businesses or individuals in financial distress.

Understanding how these local provisions interact with federal law is crucial for anyone facing insolvency issues or seeking restructuring solutions.

Frequently Asked Questions

What is the difference between restructuring and bankruptcy?

Restructuring usually refers to reorganizing a company’s finances and operations to improve its financial health without filing for bankruptcy. Bankruptcy is a formal legal process, governed by federal law, that can result in the discharge or repayment of debts under court protection.

What types of bankruptcy are most common in Texas?

The most common types of bankruptcy filed in Texas are Chapter 7 (liquidation for individuals and businesses), Chapter 13 (reorganization for individuals with regular income), and Chapter 11 (reorganization for businesses and some individuals with large debts).

Can I keep my home if I file for bankruptcy in Texas?

Texas law provides a strong homestead exemption, allowing many filers to keep their primary residence during bankruptcy, subject to certain value and acreage limits. However, mortgages and liens still need to be paid to avoid foreclosure.

Will bankruptcy stop foreclosure, repossession, or creditor lawsuits?

Filing for bankruptcy triggers an automatic stay that temporarily halts most collection actions, including foreclosure, repossession, and creditor lawsuits. However, this stay may be lifted by the court in some situations.

How does debt restructuring work for businesses in Texas?

Businesses may negotiate with creditors to restructure debt outside of bankruptcy or may use bankruptcy proceedings such as Chapter 11 to reorganize operations and finances under court supervision while continuing to operate.

Are all debts dischargeable in bankruptcy?

Not all debts are dischargeable. Common exceptions include student loans, child support, most taxes, and debts obtained by fraud. A lawyer can review your specific debts and explain which may be discharged.

Does Texas law affect which property I can keep in bankruptcy?

Yes. Texas law offers unique exemptions for homestead, vehicles, personal property, retirement accounts, and more. Consult an attorney to understand which assets are protected in your situation.

What happens to my credit after filing for bankruptcy?

Bankruptcy will appear on your credit report for up to 10 years but does not make it impossible to obtain credit in the future. Rebuilding your credit after a bankruptcy is possible with time and responsible financial behavior.

Should I try to negotiate with creditors before filing for bankruptcy?

Often, negotiating with creditors is a wise first step and may help you avoid the need for bankruptcy. Creditors may be open to restructuring your debt, accepting lower payments, or settling for less than the full amount.

How long does the bankruptcy process take in Texas?

The duration depends on the type of bankruptcy filed. Chapter 7 often takes three to six months, while Chapter 13 and Chapter 11 cases may last several years due to repayment plans or complex reorganizations.

Additional Resources

Individuals and businesses seeking more information or assistance regarding restructuring and insolvency in Texas may find the following resources helpful:

  • United States Bankruptcy Courts for Texas - Each district handles local bankruptcy filings and provides guides and forms for filers.
  • Texas Office of the Attorney General - Offers consumer protection information and assistance with debt collection issues.
  • State Bar of Texas - Lawyer Referral Information Service - Connects individuals with qualified attorneys experienced in bankruptcy and insolvency law.
  • Legal Aid Organizations - Groups like Lone Star Legal Aid and Texas RioGrande Legal Aid provide free or low-cost legal assistance to eligible individuals facing debt or bankruptcy issues.
  • Texas Department of Banking - Offers guidance on foreclosure processes and debtor rights in the state.

Next Steps

If you are facing financial distress, considering bankruptcy, or interested in restructuring your debts in Texas, it is crucial to seek qualified legal advice. Here is how to proceed:

  • Gather all relevant financial documents, including debts, assets, income statements, tax returns, creditor communications, and court notices.
  • Contact a licensed Texas attorney specializing in restructuring and insolvency law for a consultation. Many offer initial consultations at little or no cost.
  • Discuss your goals and concerns honestly to receive personalized guidance and develop a strategy suited to your circumstances.
  • If engaging with creditors or facing imminent legal actions, notify your lawyer immediately to ensure your rights are protected from the outset.
  • Stay informed about key deadlines and court dates, and carefully follow the advice provided by your legal counsel.

Acting quickly and proactively can maximize your options and improve outcomes. Professional legal guidance is the best way to navigate these complex matters and achieve a fresh financial start or protect your business interests.

Lawzana helps you find the best lawyers and law firms in Texas through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Restructuring & Insolvency, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Texas, United States - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.