Texas rules

What the rules are in Texas.

How bankruptcy works is federal and the same everywhere. What you keep, and the income line you are measured against, are set by your state. Here is Texas.

The unlimited homestead exemption

Texas protects 100 percent of your home equity, with no dollar cap, as long as you are current on the mortgage and within the acreage limits (10 acres in a city, up to 100 acres rural for a single person or 200 for a family). It is the centerpiece of Texas debtor protection, and the reason so many Texans file without fear.

What you keep estimator

A rough picture of what Texas law protects for you.

Home equity protected-
Personal property protected (cap -)-
Retirement protected-
Estimated total you keep-

Estimate only. Texas personal-property exemptions apply per category up to an aggregate cap of $50,000 single or $100,000 family, with separate rules for vehicles and tools of trade. Retirement accounts are separately exempt. Verify current Texas Property Code limits with an attorney.

Texas means-test pre-check

The income gate for Chapter 7, in ten seconds.

Texas median for your household-

Checks only the first step of the means test (the income comparison). Over the median, a full test weighs allowed expenses and disposable income, which often still leads to relief. Median figures are updated periodically by the U.S. Trustee Program and are approximate here.

The Texas exemption list

Texas lets you choose the state exemptions instead of the federal set. For most Texans, the state list protects more. Here is what it covers.

  • Your home. Unlimited equity within acreage limits.
  • Personal property. Up to $50,000 single or $100,000 family across furniture, clothing, jewelry, firearms, and more.
  • A vehicle. One motor vehicle per licensed household member.
  • Your wages. Texas does not allow wage garnishment for most consumer debts.
  • Retirement. 401(k)s, IRAs, and pensions are protected.
  • Tools of your trade. The equipment and books you work with.
  • Life insurance. Cash value and proceeds are largely protected.
  • Where you file. Texas has four federal districts: Northern, Southern, Eastern, and Western.
One catch worth knowing. The full unlimited homestead applies once you have owned your Texas homestead long enough. If you moved to Texas recently, a federal cap (around $189,000) can apply for a couple of years. The questionnaire asks about this.

Protected and still buried in debt?

That is exactly the situation Texas exemptions are built for. You keep your home and savings, and the unsecured debt goes away.