Bankruptcy Exemptions – Basic Pitfalls

Texas Bankruptcy  Exemptions: What You Can Keep
When you file for bankruptcy, you must list everything you own, also known as your assets.
However, some exemptions allow you to keep a particular property even after filing for
bankruptcy. These exemptions are meant to help you start fresh and not give you an advantage
over others.

Different states have different exemption rules, and in Texas, we have substantial exemptions
that allow most people to keep all of their property even after filing for bankruptcy. This means
you won’t have to give up your belongings to pay off your debts.

Anything that does not fall under these exemptions becomes part of the bankruptcy estate. In a
Chapter 7 bankruptcy case, the trustee can sell this property to pay off creditors. In a Chapter 13
bankruptcy case, the trustee ensures that your bankruptcy plan pays at least the value of your
non-exempt property to your unsecured creditors. This is called the “Best Interest Test.”
Here in Texas, you have the choice between federal and Texas exemptions. A knowledgeable
bankruptcy attorney will assess your assets and determine which exemption system is best for

you. There are common issues that can arise when it comes to exemptions, so it’s important to
seek guidance from a professional.

Understanding Texas Bankruptcy Exemptions: What You Need to Know
In Texas, there are specific laws that protect your property when you file for bankruptcy. These
laws are called exemptions. They determine what you can keep and what you may have to
surrender to pay off your debts.

One important rule to know is that Texas has its own set of exemptions, different from the
federal ones. This means that the rules for bankruptcy in Texas may be more favorable to you,
allowing you to keep more of your belongings even after filing for bankruptcy. For example, Texas has an unlimited exemption for equity in your home, meaning you can keep
your house regardless of its value. This is good news for homeowners in Texas, significantly if
the value of their homes has increased over time.

However, being careful with your bank accounts and tax refunds is essential. Texas exemptions
do not protect money in the bank or any tax refunds you may receive. If you file for bankruptcy
on a day when you have cash in your bank account, the bankruptcy trustee may take money to
pay off your debts.

To navigate these complex rules and protect your assets, it’s wise to consult with an experienced
bankruptcy attorney.

Texas Bankruptcy Exemptions: Safeguarding Your Property
When you file for bankruptcy in Texas, special rules allow you to keep certain belongings. These
rules are exemptions, protecting your property from being taken away to pay off your debts.
It’s important to know that the exemptions in Texas are different from those in other states. Texas
has some of the most generous exemptions in the country. This means you can keep more
belongings when you file for bankruptcy in Texas.

For example, Texas has an unlimited homestead exemption. This means you can keep your
home, regardless of its value, as long as it meets specific criteria. Other states have limits on the
home’s value that can be exempted, but not in Texas.
In addition to the homestead exemption, Texas also offers exemptions for personal property such
as household goods, vehicles, and jewelry. These exemptions allow you to keep some value in
these items.
It’s essential to consult with a knowledgeable bankruptcy attorney to understand how these
exemptions apply to your specific situation. They can guide you through the process and ensure
you don’t lose more property than necessary.

Understanding Homestead Limitations in Texas
Texas has rules about how much of your home’s value you can protect if you file for bankruptcy.
These rules are known as homestead limitations.
These limitations prevent wealthy individuals from moving to Texas to take advantage of the
state’s better bankruptcy exemptions. This is called forum shopping.
Under these limitations, if you have recently moved to Texas within 1215 days, there is a cap on
the amount of equity in your home that can be protected. As of now, this cap is set at $160,375.
However, this amount is adjusted for inflation every three years so that it may change in the
future.
You must be aware of these limitations and consult a bankruptcy attorney to understand how they
may affect your situation. They can help you navigate the rules and ensure that you make the
best decisions regarding your home and bankruptcy.

Protecting Your Home in Texas Bankruptcy
When you file for bankruptcy in Texas, you can protect your home from being taken to pay off
your debts. This is done through a special rule called the homestead exemption.
The homestead exemption in Texas allows you to keep your home, regardless of its value, as
long as it meets specific criteria. This means that even if you owe money and file for bankruptcy,
you can still keep your house safe for you and your family.

However, it’s important to note that there are limitations to the homestead exemption. If you
recently moved to Texas within the past 3 years, there may be a cap on the amount of equity in
your home that can be protected. This prevents people from taking advantage of Texas’ generous
bankruptcy laws.

If you are considering bankruptcy, it is essential to speak with an experienced bankruptcy
attorney to discuss your options and ensure you know the exemptions that apply to you.