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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 02-16-2007, 12:30 PM
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Join Date: Feb 2007
Posts: 1

urgent question homestead & wage exemption


What 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
  #2  
Old 02-16-2007, 05:21 PM
Senior Member
 
Join Date: May 2001
Posts: 6,451
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.
  #3  
Old 02-17-2007, 11:35 AM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
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.
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