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Texas Homestead Exemption Form
To retain homes without question in Chapter 7 & 13 bankruptcy
cases, debtors must
designate their home using the Texas homestead exemption form prescribed
by the Bankruptcy Court. This format is contained within a separate schedule that
must be filed with the Bankruptcy Court, including a full description of
the property, and further designate the specific statute relied upon for
exemption. Failure to properly designate property or an allowable
exemption statute may waive the homestead exemption.
Errors with the Texas Homestead Exemption Form
Failure to properly claim an exemption is not a fatal error. Most
often, if an error is found or objection filed while the case is
pending, debtors may amend schedules and correct the error. The greater
danger exists after the case is closed. If the error is not corrected
timely while the Court maintains jurisdiction, subsequent creditors may
dispute homestead status and attempt collection.
Records of legal proceedings in Texas are available online through a wide assortment of sources. the most comprehensive sources (and easy to use) generally require the payment of a subscription fee to maintain an account. But not all. Many larger counties provide free Texas Court Records, dockets, filing information, pending hearings, and much more. Texas Bankruptcy Records are available through the PACER system and require a nominal fee for access to the Federal database. In addition, many other public documents (real estate, marriage, corporate, name change, assumed names, etc.) are available through the County Clerk's Office.
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