NETWORKING

Exemptions in Other States

In 2005 Congress drastically changed the bankruptcy code to significantly limit the ability of people to move to Texas and exempt their entire homestead. This is discussed here. However, these limitations are not insurmountable and if one does not file a bankruptcy upon arriving in Texas, the Texas exemptions will apply immediately to the homestead through state law.

These limitations cut both ways however, and they can significantly help people who are moving out of Texas. For instance, in one case a Texas resident moved to Tennessee, filed a bankruptcy in Texas after he moved but before the time period had passed and exempted a Tennessee homestead that was not exemptable under Tennessee law.

Charles Chesnutt