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Are federal bankruptcy exemptions better than state bankruptcy exemptions?

March 12, 2010

The answer to whether federal or state bankruptcy exemptions are better depends on two main factors: what your assets are worth and what state you live in.

Texas is one of the states that allows you to choose between taking state exemptions and taking federal exemptions.

A bankruptcy attorney can help you value your assets in order to determine which of the two sets of exemptions will be most beneficial to you. For example, you may be able to keep your house under the Texas exemptions but be forced to sell it under the federal exemptions, or vice versa.

Also note that federal exemptions do change from time to time. Specifically, the government adjusts the amounts every three years on April 1st in accordance with the Current Consumer Price Index.

Because of the changing nature of bankruptcy exemption laws, it is wise to seek the advice of an experienced bankruptcy attorney. By working with a bankruptcy lawyer, you can be sure that you are able to exempt as much property as possible.


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