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Warren & Migliaccio

Property Exempt in Bankruptcy PDF Print E-mail

Bankruptcy allows you to keep your property and possessions, as long as those items are exempt under the law.  Texas has a liberal exemption list.  There is also a Federal exemption list.  You are allowed to select either one.  If you have property that is non-exempt, you may have to liquidate or pay back the value of the non-exempt property.


Texas Bankruptcy Exemption

Homestead


No limit


Proceeds from Home Sale



Personal property of a debtor which may be exempt from garnishment, attachment, execution or other seizure exclusive of liens, security interests, or other encumbrances. If it is provided for a family the limit is $60,000.


Personal Property to include Reasonably necessary clothing, household goods, furnishings, household appliances.





Motor Vehicle for each adult (subject to combined personal property limit of 60,000 for family, $30,000 for single person



Jewelry




Current Wages





Pensions

100% for six months


$30,000




$30,000 for single.  $60,000 for family.




$30,000 for single.  $60,000 for family.


Up to certain value



100%, except for enforcement of child support.



Most Pensions are exempt.


NOTE: These are the major bankruptcy exemptions.
Check with your bankruptcy lawyer for a full exemptions list


Federal Bankruptcy Exemptions

Homestead

$20,200*

Life insurance policy with loan value, in accrued dividends or interest

$9,850

$475 per item in any household goods up to a total of $9,850;

$9,850

Jewelry

$1,225

Motor vehicle

$3,225

Personal injury compensation payments

$18,450

Tools of trade - books and equipment

$1,850

Wild Card • $925 of any property

$925


* unused portion of homestead to $10,125 may be applied to any property

Property that is typically non-exempt.


  1. A second home or vacation home.
  2. Your second car.  (Note:  you and your spouse can both have one car, but you can not individually have two cars.)
  3. collections of stamps, coins and other valuable items
  4. Cash, bank accounts, stocks, bonds, and other investments


NOTE: Check with a bankruptcy lawyer to verify all non-exempt property.

 
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