Will I Lose All Of My Property If I File Bankruptcy?

March 18th, 2010 by Reed Allmand

Share on TwitterSubmit to redditShare via email

Reposession

One of the most insidious myths about bankruptcy is that debtors who file bankruptcy will lose all of their personal property.  For the umpteenth time, this myth is simply not true.  A matter of fact, most debtors who file Chapter 7 bankruptcy do not lose any of their property.  Every state, plus the federal bankruptcy code provides a generous amount of exemptions for debtors to use during bankruptcy.  Exemptions protect the debtor’s property from seizure during the bankruptcy process.  For example, in the state of Texas, the debtor’s homestead is exempt from seizure in bankruptcy, the debtor’s vehicle is exempt, plus a vehicle for every adult in the household is also exempt from seizure in bankruptcy.  Texas bankruptcy exemptions also cover retirement accounts and up to $30,000 in personal property such as furniture, jewelry, clothing, books and other household goods).  In other words, no bankruptcy trustee will arrive at your door ready to seize your music collection and appliances for liquidation.  That’s just not how it works.  But on the other hand, if you have a large amount of cash in the bank or hidden in your mattress the bankruptcy trustee may want to distribute some of that to creditors.  But even cash may be protected in bankruptcy if you work with a competent bankruptcy attorney to create a pre-bankruptcy plan designed to maximize your bankruptcy exemptions.  Remember, bankruptcy is not just designed to insure that creditors get paid, it is designed to give debtors a second chance financial and taking away all of their assets would not allow them to get that second chance.

Share on TwitterSubmit to redditShare via email
avatar

About Reed Allmand

Website

Allmand's vision is rooted in his own financially precarious childhood in Abilene "My father always had difficulty holding a job and supporting our family, so after my parents divorced when I was 12, my sister and I got jobs to help make ends meet," he recalls. "I remember what it felt like as a child to worry that our car would be repossessed or home foreclosed on."

View all posts by Reed Allmand

Subscribe

Subscribe to our e-mail newsletter to receive updates.

Leave a Reply

FAQ

Why do I need to submit a new wage order when I modify my plan

When we modify your bankruptcy plan we are changing your plan payments. This means that we have to get with your employer and change the terms and amount of your wage order. The only way we can do that is by filling out a new wage order form.  

Learn More
What happens if the stay terminates on my home?

If the bankruptcy stay terminates on your home that means that even though your in bankruptcy, your creditor can pursue all there legal remedies they can pursue if you were not in bankruptcy. This includes foreclosure, and having your house sold and evicting you from your house.

Learn More

Find Location

map
  • Dallas Bankruptcy

    5646 Milton Street, Ste. 120 Dallas, Texas 75206
  • Fort Worth Bankruptcy

    5601 Bridge Street # 300 Ft Worth, TX 76112

Meet Our Clients