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Can Filing for Bankruptcy in Arlington Prevent Foreclosure?
July 18th, 2023
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News & Politics
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4 minute read
Can Filing for Bankruptcy in Arlington Prevent Foreclosure?
Arlington, TX - As the economy has been in bad shape for the past years, many Texans are afraid they’ll lose their homes as they cannot keep up with their mortgage payments. On the other hand, most of these people are afraid to do the only rational thing - file for bankruptcy - because they think they’ll lose their homes. Nothing could be further from the truth. Experienced lawyers say that if you’re worried about foreclosure, you should file for bankruptcy as soon as possible.How to keep your house when filing for bankruptcy?Most people struggling with debt will have to file for bankruptcy under Chapter 7. This is also known as liquidation bankruptcy. Liquidation is a scary word, but the truth is only your non-exempt property will be sold by the court-appointed trustee.In Texas, you can use federal bankruptcy exemptions or go with the Lone Star state’s exemptions. To understand which you should choose, grab your financial documents and set up a meeting with skilled Arlington bankruptcy lawyers.If it’s the house you’re worried about, they will advise you to go with state exemptions. Texas is one of the very few states with an unlimited homestead exemption. You won’t lose it if it sits on less than 10 acres of land in the city or less than 100 acres outside city limits. Even if your house features a pool or other improvements, everything is 100% exempt. There are a few requirements, though. To be able to claim the homestead exemption you must bring proof you have lived in Texas for at least 1,215 days before filing for bankruptcy.In case you’ve moved to Texas only 2 years ago, you may want to wait a bit. If you don’t qualify for Texas’ exemptions, you can still file for bankruptcy but the court will use the exemptions in use in the state you lived in before. Can I also keep my car?
Cars on road; image by Markus Spiske, via Unsplash.com.
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