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#1
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urgent question homestead & wage exemptionWhat is the name of your state? Texas Does the homestead exemptions refer to the amount oif equity that you are allowed to protect?For example, under the federal homestead exemption you can exempt up to approxiamtely $18,450. Does that mean that if my home is worth say $250,000 and I have $16,000 worth of equity that I can not be forced to sell my home to liquidate that equity? As for wage exemption, I have filed chapter 7. I understand that the debts will be discharged(if I am successful with the filing). That being the case, do I still need to file for wage exemption? Would the trustee impose a wage garnishment even though I would barely have enough funds to cover my expenses after the chapter 7? Thanks |
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#2
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| I hope you used an attorney. These are basic questions that sholuld be resoloved prior to filing. Why would you use federal exemptiolns when, Tx. state exemptions exempts all equity in a home? Tx. has no wage garnishment except for student loans and court ordered child/spousal support. |
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#3
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| Tx has a 100% homestead exemption -- BUT, that exemption is capped at $125,000 (in equity) if you've owned the home for less than 3.3 years. If you've owned it more than that, then you get the 100% exemption.
__________________ "Knowledge is Power - use it as you see fit ! I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice. |
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