Choosing a bankruptcy attorney Austin courts will see across the table from you is easier than choosing most lawyers, because so much of the record is public. State law requires the State Bar of Texas to post every lawyer’s license date, board certifications, and public discipline. The Texas Board of Legal Specialization publishes the exact standards for its Consumer Bankruptcy Law credential. And the Western District of Texas posts which judge takes new Austin cases and what it considers a reasonable Chapter 13 fee. Finally, 11 U.S.C. § 528 requires the lawyer to put the engagement in writing within five business days. What follows is a checklist. Five things to verify before the consultation, and three things to listen for during it.
Check One: The State Bar Profile of Any Bankruptcy Attorney in Austin
Texas Government Code Section 81.115(b) requires the State Bar to maintain a public profile for every attorney. It must show any specialty certification recognized by the bar, the primary practice location, any public disciplinary sanction with a link to the full judgment, and any public sanction from another state. The profile takes about two minutes to read on the “Find a Lawyer” page. It answers three questions before anyone picks up the phone. How long has this person been licensed? Has the bar ever sanctioned them? And does the certification claimed on the website actually appear on the bar’s record? A mismatch between the website and the profile is worth asking about directly.
Check Two: What Board Certification Actually Requires of a Bankruptcy Attorney in Austin
The Texas Board of Legal Specialization certifies lawyers in Consumer Bankruptcy Law under published standards. The applicant must have practiced at least five years. In each of the three years before applying, at least 30 percent of their time must have gone to bankruptcy law, with 20 percent devoted specifically to consumer bankruptcy. The applicant must document 15 contested matters or adversary proceedings that involved a court hearing, eight of them with evidence presented in bankruptcy court. The applicant also needs five references, including one bankruptcy judge before whom they have appeared. Then 60 hours of specialty education and a written exam. Certification lasts five years. Fewer than one in ten Texas lawyers hold any board certification. Rule 7.02(b) of the disciplinary rules bars a lawyer from advertising special competence in a field without one.
Check Three: The Court, the Judge, and the Trustee
Austin cases go to the Western District of Texas, Austin Division, at the Homer Thornberry Federal Judicial Building on San Jacinto Boulevard. Under the court’s Administrative Order 26-03, effective September 14, 2026, every new Austin Division case goes to a single assigned judge, while cases already pending stay on their existing dockets. The standing Chapter 13 trustee for the division is G. Ray Hendren. The U.S. Trustee has run the meeting of creditors by Zoom since June 2024. A lawyer who files regularly in this division will know the judge’s procedures for reaffirmation agreements and confirmation hearings. That lawyer will also know how the trustee handles plan objections. Two questions test that. How many cases did you file in the Austin Division last year? And who from your office will appear at my meeting of creditors?
Check Four: The Fee, and the Benchmark the Court Publishes
Section 329 requires every debtor’s attorney to file a sworn statement of compensation with the court within 14 days of the petition. The court may cancel any fee it finds excessive. For Chapter 13, the Western District goes further. Standing Order 25-04 sets an Austin Division benchmark of $4,900 in a non-business case, plus $300 if the plan wins confirmation at the first hearing. Business cases carry a $5,400 benchmark. The court approves those amounts without an itemized application. A lawyer may charge more but must justify it.
Chapter 7 fees have no benchmark, so the written contract is the only reliable number. Ask whether the quote includes the $338 Chapter 7 or $313 Chapter 13 filing fee, the two required counseling courses, and any motion practice if a creditor objects. Rule 1.04 of the disciplinary rules requires the lawyer to communicate the basis of the fee, preferably in writing, to any new client.
Check Five: The Paper a Bankruptcy Attorney in Austin Owes You by Law
Since 2005, a lawyer who helps consumers file has been a “debt relief agency” under the Code. Section 528(a)(1) requires a written contract within five business days of first providing any bankruptcy assistance, and before the petition goes on file. It must explain clearly and conspicuously what services the lawyer will provide and what they will cost. Section 527 requires two written notices within three business days, warning that all information must be complete, accurate, and truthful. Section 526(a)(4) forbids the lawyer from advising a client to incur more debt before filing, including debt to pay the lawyer’s own fee. A lawyer who says the paperwork can wait until later has just described a Section 528 violation. That is a useful thing to learn before hiring.
What to Listen For in the Consultation
Three answers reveal whether the lawyer has actually analyzed the case rather than sold a chapter. First, which exemption set applies. Texas allows a filer to choose Texas or federal exemptions. The right answer depends on home equity and the 730-day domicile rule. Second, whether the filing date should move. The means test looks at the six months before filing, so a recent bonus or job loss can change which chapter is available. Third, what happens to each secured debt. For the house and each car, the lawyer should name a plan: surrender, reaffirmation, redemption, or a Chapter 13 cure. A lawyer who answers all three with reasons has done the work. One who answers with a date to sign has not. Our guide to the two required bankruptcy courses covers the step that has to happen before any of it.
The Bottom Line
Almost everything that distinguishes one bankruptcy attorney Austin filers might hire from another sits in a public record. The bar profile, the certification standards, the court’s case assignment order, the fee benchmark, and the contract Congress requires are all available before the first meeting. What no record shows is judgment, and that is the thing the client is buying. The gap between a lawyer who is compliant and a lawyer who is good shows up in the first conversation. Is it about exemptions, timing, and secured debt, or about a signature? A filer who reads the five records and listens for the three answers has screened more carefully than the court ever will on their behalf.
Frequently asked questions
Under Western District of Texas Administrative Order 26-03, effective September 14, 2026, all newly filed Austin Division cases are assigned to a single judge, while cases already pending stay with the judge who has them.
Standing Order 25-04 sets $4,900 for a non-business Chapter 13 in the Austin Division, plus $300 if the plan is confirmed at the first hearing, and $5,400 for a business case, approved without an itemized fee application.
Texas Government Code Section 81.115(b) requires the State Bar’s public attorney profile to list any public disciplinary sanction with a link to the judgment, along with board certifications and primary practice location.
Under Section 528(a)(1), a written contract within five business days of first providing bankruptcy assistance and before the petition is filed, explaining the services and fees. Section 527 requires two written notices within three business days.
The Texas Board of Legal Specialization requires at least five years of practice, a set share of time spent on bankruptcy and consumer bankruptcy, documented contested matters, references including a bankruptcy judge, 60 hours of specialty education, and a written exam. Certification lasts five years.
No. Rule 7.02(b) of the disciplinary rules bars a lawyer from advertising special competence in a field without board certification.
No. Chapter 7 fees have no court benchmark, so the written contract is the only reliable number. Ask whether it covers the filing fee, both required courses, and any motion practice.
No. Section 526(a)(4) forbids advising a client to incur more debt before filing, including debt to pay the lawyer’s own fee.
Which exemption set applies, whether the filing date should move because of the means test window, and what happens to each secured debt. A lawyer who answers all three with reasons has analyzed the case.
Section 329 requires a sworn statement of compensation within 14 days of the petition, and the court may cancel any fee it finds excessive.
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Get MatchedKeep reading: Bankruptcy Credit Counseling Requirement: The Two Courses Arizona Filers Must Complete · Chapter 7 vs Chapter 13 Bankruptcy in Arizona: Which One Fits Your Situation
This article is for general informational purposes only and does not constitute legal advice. Choosing a lawyer is a personal decision that depends on the facts of the case and the individual lawyer. This site does not recommend, rank, or endorse any attorney or firm.
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