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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 03-18-2002, 09:46 AM
Flamethrower
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Question

overloaded with dept


I had a large amount of credit debt which I am barely able to pay and now that I incurred $25,000 more due to no medical insurance and I had emergency surgery, should I file BK to get a fresh start on eveything or should I just pay what I can each month and accept bad credit,also I am in partnership with another person on our house and if I file BK will it affect them too or should I try to get my name off of the loan.If i file BK, which would be better,Chapter 7 or 13?I dont' have anything to really give up to the Bk courts except stuff I need, like my truck and house.How long does BK stay on your record?
  #2  
Old 03-18-2002, 10:02 AM
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All of the equity in a home is exempt from creditors in Tx. You ought not to have to give up the home or your portion of any equity as long as the mortgage is current. As to the truck, all states have exemptions on the value of autos and personal property you can keep in bk. See a lawyer for details to your specific situation.
I'd suggest a Chapter 7 and just wipe 'em all out at once. A bk will stay on your credit report for 10 years.
AS to affecting others-maybe. If you have a joint mortgage, it'll probably show up on the other person's report as included in bk. However, there has been a very recent court decision that may well have lenders and CRA's thinking twice about doing that as long as the mortgage is current.
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Old 03-22-2002, 09:45 AM
skwirl
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I agree with Bigun, if you fall off a boat and are drowning are you going to try to tread water until you float to shore or drown or are you going to take the life preserver someone throws you? Kind of a silly analogy but that's the way debt and bankruptcy works. Texas is very generous as far as exemptions are concerned; here they are:
Personal property of a debtor which may be exempt from garnishment, attachment, execution or other seizure may include property having an aggregate fair market value of not more than $60,000, exclusive of liens, security interests, or other encumbrances if it is provided for a family, or an aggregate fair market value of not more than $30,000, exclusive of liens, security interests, or other encumbrances if it is owned by a single adult. (Prop. C. 42.001(a).) These property may include home furnishings, including family heirlooms; provisions for consumption; farming or ranching vehicles and implements; tools, equipment, books, and apparatus, including boats and motor vehicles used in a trade or profession; wearing apparel; jewelry not to exceed 25 percent of the aggregate limitations prescribed by Section 42.001(a); two firearms; athletic and sporting equipment, including bicycles; a two-wheeled, three-wheeled, or four-wheeled motor vehicle for each member of a family or single adult who holds a driver's license or who does not hold a driver's license but who relies on another person to operate the vehicle for the benefit of the nonlicensed person; certain animals and forage on hand for their consumption; household pets; and the present value of any life insurance policy to the extent that a member of the family of the insured or a dependent of a single insured adult claiming the exemption is a beneficiary of the policy. (Prop. C. 42.002.)

Other personal property, which may be exempt from seizure, may include current wages for personal services, professionally prescribed health aids of a debtor or a dependent, alimony, support, or separate maintenance received or to be received by the debtor or for the support of his dependent, qualified retirement plan, annuity or account. (Prop. C. 42.0021.)
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