Bad Faith Acts Can Jeopardize Your Homestead Exemption

July 1st, 2009 by Reed Allmand

Texas has one of the most generous homestead bankruptcy exemptions in the country. For Texans filing bankruptcy, the Texas bankruptcy law allows debtors to claim an unlimited value under Texas’ homestead bankruptcy exemption. For example, if your primary residence is worth $750,000 you would be allowed to claim the entire amount under your homestead bankruptcy exemption. But debtors who abuse the bankruptcy system could lose their right to their homestead bankruptcy exemption. For example if you lied or attempted to conceal property during bankruptcy, the court could revoke your homestead bankruptcy exemption. Or, attempting to defraud the court by wrongly applying a homestead bankruptcy exemption to a property that was not your primary residence could has forfeit your homestead bankruptcy exemption rights. Other reasons include:

  • Spending money on your home to avoid paying creditors.
  • Accruing debts by committing a crime.
  • Being convicted of bankruptcy fraud.

To find out more about how bankruptcy can help you protect your assets, contact a Dallas-Fort Worth bankruptcy attorney today.

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.

    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