Texas Exemptions: What Can You Keep in a Bankruptcy?

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The Texas Property Code and Bankruptcy Code Protect Your Assets

Texas Law book. Almost all of our clients retain all of the property that they wish to keep because it is exempt (protected). In fact, we regard our number one job as protecting our clients’ assets. After we have done that, we discharge as much of their debt as we can under the law. It is very rare that we file a case that has a non-exempt asset, and we make sure the client understands that well in advance of the filing of the bankruptcy.

Filing for bankruptcy in Texas

Fighting for bankruptcy in Texas. Texas is one of the best states in which to file for bankruptcy. Texas exemption laws are favorable to debtors for a number of reasons. First, the Texas Property Code exemptions are extremely generous. Additionally, the law gives you the option of choosing the Federal Bankruptcy Code exemptions if they would be more favorable in your situation.

Here are a number of important features from the Texas Property Code exemptions statute:

Texas homestead exemption: People who file for bankruptcy in Texas are allowed to keep their primary residence. There is no dollar limit on this exemption.
Personal property exemption: Personal property includes automobiles, home furnishings, jewelry, clothes, livestock, and other common items. Single adults are allowed to keep up to $50,000 in personal property, while families are allowed to keep up to $100,000 (and that is not the replacement value, but rather the depreciated fair market value).
Retirement plan exemption: Qualified retirement plans such as 401(k)s and IRAs are protected under Texas bankruptcy law.
Tools of the trade: Farming or ranching vehicles and implements are included in this exemption, as well as other tools and equipment.

To understand how the Texas Property Code or the Bankruptcy Code’s list of exemptions applies in your situation, it is important to talk with our experienced bankruptcy lawyers.

Federal vs. Texas Bankruptcy Exemptions

One of the unique advantages of filing for bankruptcy in Texas is the ability to choose between Texas state exemptions and federal bankruptcy exemptions. While both options offer protection for essential assets, they have distinct differences that can significantly impact a filer’s financial recovery. The federal exemption system provides set limits on homestead, personal property, and retirement accounts, while Texas exemptions—governed by the Texas Property Code—are generally more generous, particularly when it comes to home equity and personal property.

Most individuals filing for bankruptcy in Texas opt for state exemptions due to their substantial protections. Texas provides unlimited homestead exemption for primary residences, provided the property does not exceed 10 acres in a city or 100 acres in rural areas (200 acres for families). Additionally, Texas allows higher exemptions for personal property, retirement accounts, and “tools of the trade,” which can be crucial for self-employed individuals or small business owners. Consulting a Texas bankruptcy attorney is essential to determine which exemption system best suits your financial situation.

Common Mistakes to Avoid When Using Texas Exemptions

Transferring Assets Before Filing for Bankruptcy

One of the most critical mistakes individuals make before filing for bankruptcy is transferring assets to friends or family members in an attempt to protect them from creditors. While this might seem like a logical step, bankruptcy courts view such transfers as fraudulent conveyances, which can lead to serious legal consequences. If the court determines that assets were moved solely to avoid creditors, those transfers may be reversed, and the filer could lose their right to claim exemptions. A Texas bankruptcy exemption attorney can help structure asset protection legally, ensuring compliance with state and federal laws.

Misunderstanding Exemption Limits and Losing Assets Unnecessarily

Although Texas offers some of the strongest bankruptcy exemptions in the country, there are still limits and restrictions that filers must carefully navigate. For example, while the homestead exemption allows individuals to keep their primary residence, it does not cover second homes, vacation properties, or rental real estate. Similarly, personal property exemptions cap out at $50,000 for single individuals and $100,000 for families, meaning high-value collections, luxury items, or multiple vehicles could exceed protected limits. Filing without understanding these nuances could lead to asset liquidation.

Failing to Properly Categorize “Tools of the Trade”

Texas exemptions allow individuals to protect business-related tools, vehicles, and equipment, but only if they are directly related to their profession or trade. Many filers mistakenly assume that all vehicles or expensive equipment qualify under this category, only to find out later that they do not meet the legal definition of “tools of the trade.” Proper documentation and classification are essential, and a Texas bankruptcy exemption attorney can help determine whether certain assets qualify for protection.

For individuals concerned about losing their retirement savings in bankruptcy, Texas law offers comprehensive protections. Under both Texas law and federal bankruptcy exemptions, qualified retirement accounts—including 401(k)s, IRAs, Roth IRAs, and pension plans—are fully exempt from creditors. This means that even if an individual files for bankruptcy, their retirement funds remain protected, ensuring they have financial security for the future.

However, non-qualified accounts, such as investment portfolios or savings accounts, do not receive the same level of protection. If a debtor attempts to move non-exempt funds into a retirement account right before filing for bankruptcy, it could be flagged as a fraudulent transfer. Working with a Texas bankruptcy exemption attorney ensures that your retirement assets are protected without violating bankruptcy laws.

How Texas Protects 401(k)s, IRAs, Pensions, and Other Retirement Funds

Special Rules for Public Employees, Teachers, and Government Workers

Public employees, including teachers, firefighters, police officers, and government workers, have additional protections under Texas bankruptcy law. Pension plans and government-sponsored retirement accounts, such as the Texas Teacher Retirement System (TRS) or the Employees Retirement System of Texas (ERS), are fully protected from creditors in bankruptcy. Additionally, many disability and workers’ compensation benefits remain exempt, ensuring that government employees do not lose their financial security.

Because retirement exemptions can vary based on employment status and plan type, legal guidance is essential to maximize protection. A Texas bankruptcy exemption attorney can review all available exemptions and develop a strategy that safeguards your financial future while eliminating overwhelming debt.

Contact Pelley Law Office, L.L.P., Today

We invite you to call us at 972-608-0335 to schedule a free, confidential consultation with an experienced bankruptcy lawyer. You can also contact us by email now to request an appointment to discuss your options. You will be under no obligation to hire us. We look forward to speaking with you and explaining how we can help.

The best way of predicting your future is to research the results we have achieved in the past.

Additional Resources

Case Results

Result:

M.J. discharged all of her credit card debt and the IRS back taxes through the Chapter 7 and adversarial proceeding.

M.J. had over $85,000 in unsecured debt from caring for a sick family member as well as over $10,000 in back taxes. The IRS argued that the tax return was not timely filed, but we proved to the court that it was.

In re: M.J.

Result:

kept her house and was able to discharge all of her credit card debt in the Chapter 13 bankruptcy.

E.A. was posted for foreclosure on 3/1/16. We filed a Chapter 13 on February 29, 2016 and were able to stop the foreclosure and save her home. She is currently paying her mortgage arrears through a Chapter 13 case.

In re: E.A.

Result:

We proved to the U.S. Trustee that this family passed the 2nd half of the two-part Means Test and were eligible to file a Chapter 7. In short, they saved tens of thousands of dollars by choosing our trial lawyers to represent them.

This family of three had $60,000 in unsecured debt and needed to get out from under it quickly so they could start saving for retirement and their child’s college education. They met with several other bankruptcy attorneys before meeting with us. Every other firm told them that they made too much money to file Chapter 7. Thus, the other firms’ attorney fees for a Chapter 13 would be at least triple what it would be for a Chapter 7. The family made $110,000 a year. According to the IRS’s guidelines, the income for a family of three to pass the first half of the Means Test is just under $60,000.

In re: R.G. & S.G.

Result:

T.D. got her car back, saved a lot of money in interest, and discharged her unsecured debts.

Client’s vehicle was repossessed on 4/19/16. We filed T.D.’s Chapter 13 case on 4/22/16. We were able to recover the vehicle and pay off the balance through a Chapter 13 case at a much lower interest rate.

In re: T.D.

Result:

The H’s beat cancer, discharged the ridiculous medical bills that were not covered by the insurance company they had paid religiously for years, and got rid of their rental house nightmare.

Mrs. H. went through several courageous bouts with cancer and fought through many rounds of chemotherapy. This resilient couple had $160,000 in medical debt and a rental house they could neither sell nor afford to maintain. Right before we were going to file, Mrs. H’s cancer came back. She did not quit fighting. So, we postponed filing until she beat it again and included the newly generated medical debt in her Chapter 7 filing.

In re: J.H. & M.H.

Result:

R.B. saved his car and saved a lot of money by hiring us.

R.B. could not stay current on his vehicle payments because of the high interest rate and it was up for repossession. We filed a Chapter 13 for him, put an end to the repossession efforts and he is currently repaying the vehicle loan through a Chapter 13 case at a much lower interest rate.

In re: R.B.

Result:

We filed Chapter 7 for them both personally and for their business. They discharged nearly three million dollars in business and personal debt and got a fresh financial start.

This family owned a company that supplied medical equipment. Much of their business involved clients on Medicaid. When Medicaid put a moratorium on payments to providers in the area, their well-established business quickly fell apart.

In re: W.L. & P.L.

Result:

T.H.’s car was returned, he saved a lot of money by reducing his interest rate on the car, and he discharged all of his credit card debt.

T.H.’s vehicle was repossessed on May 13, 2016. We filed his Chapter 13 case six days later and we were able to recover the vehicle. T.H. is currently paying the vehicle note through a Chapter 13 Plan at a much lower interest rate and lower monthly payment.

In re: T.H.

Result:

Thanks to our knowledge of an obscure exception to the Means Test, these clients were able to discharge all of their unsecured debts in a quick and easy Chapter 7 case.

These clients had a tremendous amount of credit card debt. However, because of their income they failed the first half of the two-part Means Test. Nevertheless, we proved that they qualified for an exception to the B22 income requirement as disabled veterans. We showed the U.S. attorney this couple met all three of the prongs for this exception.

In re: A.J. & J.J.

Result:

J.W. got rid of the garnishment from her judgment and was able to reduce her monthly budget and discharge all of her unsecured debts.

Client had a garnishment action against her from a Judgment and a high interest vehicle note. Client filed a Chapter 13 bankruptcy to stop the garnishment and repay the vehicle note through a Chapter 13 bankruptcy at a lower interest rate and lower the monthly payments on her car.

In re: J.W.

Result:

This family was thrilled with our firm for not only getting rid of $160,000 of unsecured debt, but also paying less than half of what they owed on their car to own it outright.

This family owed $160,000 in unsecured debt and $16,000 on their car at around 20% interest. They made almost $100,000 a year. That is over $30,000 more than what the Code says you pass the first half of the Means Test indicates for a Chapter 7. Mrs. C. lost her job shortly before filing, so their 6-month average “current monthly income” did not properly reflect their realistic income moving forward. After filing an affidavit of unemployment, we convinced the U.S. Trustee that this family was eligible for a Chapter 7 and we discharged all of their burdensome pre-existing unsecured debts. However, the beauty didn’t stop there: The car that they owed $16,000 on was only worth $8,000 and they were getting killed on the interest rates due to bad credit. We filed a Motion to Redeem and they paid only $8,000 for their car, which saved them over $10,000 over the life of the loan.

In re: J.J. & J.C.

Result:

A.N. got her car back and will discharge her credit card debt while lowering the monthly payments on the vehicle.

Her vehicle was repossessed on 3/21/16. A.N. filed an emergency Chapter 13 bankruptcy case on 3/24/16 and we were able to recover the vehicle for her. A.N. is currently paying the vehicle note through her Chapter 13 Bankruptcy Plan at a much lower interest rate and a much lower monthly payment.

In re: A.N.

Result:

We hired a translator for this deaf couple who also went with us to meet with the 341 Trustee Meeting and they received a quick and painless discharge of all of their unsecured debts.

This couple had an enormous amount of unsecured debt. After visiting with several bankruptcy law firms, they were exasperated by the inability to communicate their financial questions and concerns. Then they reached out to us. The first lengthy meeting was conducted by passing notes back and forth. Then, we hired an ASL translator to accommodate these good people and make them feel as calm as possible.

In re: J.A. & M.A.

Result:

E.N. saved his house from going back to the bank and discharged his unsecured debts.

E.N. was posted for foreclosure on 3/1/16. We filed a Chapter 13 case on 2/25/16 and stopped the foreclosure. E.N. is currently paying the mortgage arrears through a Chapter 13 bankruptcy case.

In re: E.N.

Result:

We convinced the U.S. Trustee that this couple belonged in a Chapter 7 case despite making nearly double what the IRS’s guidelines says is typical for a family of two.

This elderly married couple had over $270,000 of debt from an extended illness. However, they made almost $100,000 as a family of two. The applicable family income to file a Chapter 7 is $57,000, so they clearly failed the first half of the Means Test. We worked with them to maximize their qualified expenses.

In re: W.M. & R.M.

Result:

M.M. was not only able to stop the I.R.S. from charging him post-petition penalties and interest, he was also able to discharge his older IRS debts and pay the recent ones back at 0%.

M.M. had several years of IRS debt. He was able to repay the IRS debt through a Chapter 13 bankruptcy and stop all levy actions.

In re: M.M.

Result:

We helped K.D. file a Chapter 7 bankruptcy. Ultimately, all of her unsecured debts were discharged and we helped her recover thousands of dollars from the flooring company.

Our elderly client was left with tens of thousands in unsecured debt after being scammed by a flooring company that sued her and levied her bank accounts.

In re: K.D.

Result:

D.H. saved a lot of money on her car through the Chapter 13 bankruptcy because she was able to buy it for the amount it was actually worth, rather than the amount she owed at 4% interest. Plus, she put a permanent end to her payday loans and credit card debt.

D.H.’s car was up for repossession. She also had multiple payday loans that were draining her bank account. We filed her Chapter 13 case on 5/24/16 and were able to stop the repossession and stop all collections/garnishments from the payday loans out of the bank account.

In re: D.H.

Result:

We put C.B.’s ex-husband in his place and got her back on her feet.

This divorced single mother was left with a mortgage she could not afford. Her ex-husband took the mortgage payment out of her alimony every month, leaving her without enough money to buy food or gas. We filed her Chapter 7 case, discharged all of her debt (including the huge abandoned house mortgage) and helped her receive the full alimony payments.

In re: C.B.

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The court results were better than expected and the honest care I got was truly moving. The Pelley Law office experience has been better than I could have ever hoped for. The customer service is outstanding. Quinton Pelley took on…

Katherine R.

There are so many attorneys out there offering bankruptcy services that we thought it would be a nightmare finding the right attorney for our Chapter 7 Bankruptcy. After doing some research, we were directed to Pelley Law Firm and spoke…

Stacy P.

I highly recommend Mr. Pelley, together with his two outstanding Paralegals, Michelle and Liz. I needed a Bankruptcy attorney about a year ago and after my first consultation with Mr. Pelley, I knew Pelley Law Firm would be my only…

Peggy C.

Mr. Q. Pelley & Ms. Layer there is so much I want to thank you for but I’ll try and keep it brief. I cannot stress the importance of your communication and availability in such a hard time in my…

S P

BEST ATTORNEY IN THE STATE OF TEXAS!!! I feel very Blessed that I was given the honor to have this Office represent me. Mr. Pelley and Christy are the most caring people you will ever meet, they look out for…

Jorge B.

I am extremely happy with the results and services provided to us by Mr. Quinton Pelley he has won our case and I couldn’t be any more grateful. If you ever find yourself needing to hire a lawyer I HIGHLY…

Vso P.

Pelley Law Office is a different type of lawyers office. Caring, hard working, and informative. Which is unheard of in this day and age. And when shopping for lawyers, Pelley’s Law Office was a reasonable cost because they truly do…

SoaR A.

Locations

Dallas Office
Plano Office
Sherman Office

Dallas office

400 Crescent Court, Suite 700
Dallas, Texas 75201

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