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Texas Bankruptcy Exemptions
The Texas bankruptcy exemptions chart, see below, details the property you can exempt or protect from creditors when you file bankruptcy in Texas. You may exempt any property that falls into one of the exemptions categories below, up to the dollar amount listed. You will be able to kept this exempted property after you file bankruptcy. Please note that there are certain debts which you will not be able to erase in bankruptcy. (see Non-dischargeable Debts)
In Texas, you also have the choice
of using the federal
exemption statutes instead of your Texas exemptions.
An exemption limit applies to any equity you have in the property. Equity is the difference between the value of the property and what is owed on the property. For example, a car valued at $5000 with a loan of $4500 has an equity value of only $500.
If the property is secured by a loan, such as a car or home, and you are current on the payments, the equity is covered by your exemptions, and you elect to keep making payments on the loan you generally can keep this property through the bankruptcy. If all the equity is not covered by your exemptions the trustee may elect to liquidate this asset and distribute the assets. Generally, in this case, you would be entitled to the value of your exemption in the asset as a cash payment.
Bankruptcy law allows married couples filing jointly to each claim a full set of exemptions, unless otherwise noted.
To keep non-exempt property, a debtor must generally pay the trustee the value of the non-exempt property.
When you file bankruptcy in Texas you may also use certain federal exemptions in addition to your Texas exemptions. |
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ASSET
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EXEMPTION DESCRIPTION
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LAW SECTION
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Homestead
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Unlimited; property cannot exceed 1 acre in town,
village, city or 100 acres (200 acres for families) elsewhere; sale
proceeds exempt for 6 months after sale (need not occupy if not
acquire another home, Property 41.003)
May file homestead declaration
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Property 41.001, 41.002
Property 41.005
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Personal Property
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Athletic and sporting equipment, including bicycles;
2 firearms; home furnishings, including family heirlooms; food;
clothing; jewelry (not to exceed 25% of total exemption); 1 two-,
three- or four wheeled motor vehicle per member of family or single
adult who holds a driver’s license (or who operates vehicle for
someone else who does not have a license); 2 horses, mules or donkeys
and a saddle, blanket and bridle for each; 12 head of cattle; 60 head
of other types of livestock; 120 fowl; and pets to $30,000 total
($60,000 for head of family)
Burial plots
Health aids
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Property 42.001, 42.002
Property 41.001
Property 42.001(b) (2)
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Insurance
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Church benefit plan benefits
Fraternal benefit society benefits
Life, health, accident or annuity benefits or
monies, including policy proceeds and cash values to be paid or
rendered to beneficiary or insured
Life insurance present value if beneficiary is
debtor or debtor’s dependent (see note under personal property)
Retired public school employees group insurance
Texas employee uniform group insurance
Texas state college or university employee benefits
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1407a-6
885.316
Insurance 21.22
Property 42.002(a) (12)
Insurance 3.50-4(11) (a)
3.50-4(11),1575.006
1551.011
Insurance 3.50-3(9) (a)
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Miscellaneous
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Property of business partnership
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6132b-25
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Pensions
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County & district employees
ERISA-qualified government or church benefits,
including Keoghs and IRAs
Firefighters
IRAs to extent tax-deferred
Judges
Keoghs to extent tax-deferred
Law enforcement officers’ survivors
Municipal employees
Police officers
Retirement benefits to extent tax-deferred
State employees
Teachers
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Government 811.005
Property 42.0021
6243e(5), 6243e.1(12),
6243e.2(12)
Property 42.0021
Government 811.005
Property 42.0021
6228f(8)
6243g, Government
811.005
6243d-1(17), 6243j(20),6243g-1(23B)
Property 42.0021
Government 811.005
Government 811.005
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Public Benefits
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Crime victims’ award
Medical assistance
Public assistance
Unemployment compensation
Workers’ compensation
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56.49
Hum. Res. 32.036
Hum. Res. 31.040
5221b-13
8308-4.07
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Tools of Trade
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Farming or ranching vehicles and implements
Tools, equipment (includes boat & motor
vehicles) & books
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Property 42.002(a) (3)
Property 42.002(a) (4)
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Wages
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Earned but unpaid wages
Unpaid commissions to 75% (see personal property)
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Property 42.001(b) (1)
Property 42.001(d)
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For more information on filing bankruptcy in Texas explore Texas Bankruptcy Law.
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