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"Texas Bankruptcy Exemptions"
State statutes include a list of specific property that is exempt from seizure in Texas bankruptcy cases. In 16 states, residents are
allowed to select either state or federal exemptions provided by 11 U.S.C. 522. In all other states and
jurisdictions, debtors are may select only state exemptions.
| 11 U.S.C. §522 allows an individual debtor may exempt from property of the estate "(A)
any property that is exempt under Federal law, other than subsection (d) of this section, or State or local
law that is applicable on the date of the filing of the petition at the place in which the debtor's domicile
has been located for the 180 days immediately preceding the date of the filing of the petition, or for a
longer portion of such 180-day period than in any other place; and (B) any interest in property in which
the debtor had, immediately before the commencement of the case, an interest as a tenant by the entirety
or joint tenant to the extent that such interest as a tenant by the entirety or joint tenant is exempt
from process under applicable nonbankruptcy law." |
Texas bankruptcy courts provide free forms to debtors upon request. Also, clerks may provide a package of documents including instructions for filing. Usually, these packets include: 1) an official form for the petition, 2) a current fee requirements and options, 3) instructions for preparing a mailing matrix, 4) debtor rights for discharge, and 5) a glossary of common bankruptcy terms. Be aware, forms provided and instructions may not include all necessary documents throughout the completion of the case. Texas bankruptcy courts allow pro se debtors to file paper forms. Also, Texas courts permit emergency filing after hours online. To file online, attorneys must apply for approval and receive a personal account before filing. Payment of filing fees online may be provided by credit card.
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