Assets Protected From Bankruptcy


Although most people work hard to protect themselves from serious financial trouble by saving money, investing wisely, and making sure their income is sufficient enough to maintain the lifestyle they have become accustomed to, monetary difficulties may be unavoidable for even the most responsible individual.

If a person has lost his or her job, lost money through poor investment choices, no longer has spousal support, or has gone through a divorce, he or she may find that their normal financial situation has changed dramatically. In some cases, people may find it difficult to maintain regular and timely payments to their creditors and are in danger of losing their homes, cars, and other assets.

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In such cases, the individual may consider filing for either Chapter 7 or Chapter 13 bankruptcy to discharge difficult unsecured debts and attempt to emerge in a better financial state. Bankruptcy often helps discharge some credit card debts and other unsecured loans, but does not dismiss alimony, child support, student loans, and medical bills. In addition, the applicant may be forced to give up some of his or her assets to repay creditors.

The laws regarding individual bankruptcy proceedings often vary from state-to-state and depend largely on the specific requirements regarding assets and bankruptcy filings. In some states, certain assets may be protected from seizure and liquidation by creditors, while others may not protect personal property or some items the individual may have.

In Texas, bankruptcy laws usually protect certain amounts of land that the individual may own, typically including up to 200 acres of rural land and up to 10 acres of personal land that has been developed with the family's home on it. In addition, the laws may protect a person's main vehicle used for transportation, allowing the individual to continue working and supporting themselves and their loved ones. Important personal assets like clothing are also protected from seizure and liquidation. Family heirlooms are also usually exempt from the bankruptcy proceedings.

Personal accounts like retirement funds, life insurance contracts, and worker's compensation benefits are usually left untouched if an individual files for bankruptcy. While individuals may be concerned about tools and other items they use for work, the laws in Texas will usually protect items and trade-related instruments that the person needs for work.

If you are facing serious financial struggles and are considering filing for bankruptcy, visit the website of the Austin bankruptcy lawyers of Slater, Kennon & Jameson, LLP.


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