Bankruptcy in Texas

No dollar limit. The limit is by land area: up to 10 acres for an urban home (city lots, may include a place of business); for a rural home, up to 200 acres for a family or 100 acres for a single adult.

Applies to your family's home or a single adult's home. A home listed as your residence homestead on the county appraisal roll (property tax exemption) is treated as designated. It does not protect against the mortgage (purchase money), property taxes, written home-improvement contracts, valid home equity loans or reverse mortgages. Money from selling your homestead stays protected for six months. Burial lots are also exempt. Federal bankruptcy law can cap a homestead bought within about 3.3 years before filing.

Law: Tex. Prop. Code 41.001, 41.002, 41.005

$31,575

Law: 11 U.S.C. 522(d)(1)

One motor vehicle (two-, three- or four-wheeled) for each family member or single adult who has a driver's license, or who relies on someone else to drive for them. It counts toward the overall $100,000 / $50,000 personal property cap.

Law: Tex. Prop. Code 42.002(a)(9)

$5,025

Law: 11 U.S.C. 522(d)(2)

Listed types of personal property up to $100,000 total for a family or $50,000 for a single adult (value after subtracting liens): home furnishings and heirlooms, food, clothing, jewelry (up to 25% of the cap: $25,000 family / $12,500 single), two firearms, sports equipment and bicycles, vehicles (see above), farm and ranch vehicles and tools, some animals (2 horses/mules/donkeys with tack, 12 cattle, 60 other livestock, 120 fowl) and household pets.

Law: Tex. Prop. Code 42.001(a), 42.002(a)

Household goods: $800 per item, $16,850 total

Jewelry for personal or family use: $2,125

Law: 11 U.S.C. 522(d)(3); 11 U.S.C. 522(d)(4)

$1,675 plus up to $15,800 of any unused part of the (d)(1) homestead amount

Law: 11 U.S.C. 522(d)(5)

Tools, equipment, books and apparatus used in your trade or profession, including boats and motor vehicles, within the $100,000 / $50,000 total cap.

Law: Tex. Prop. Code 42.002(a)(4)

$3,175

Law: 11 U.S.C. 522(d)(6)

Current wages for personal services are fully exempt (outside the cap), except for child support. Unpaid commissions are exempt up to 25% of the cap ($25,000 family / $12,500 single) and count toward it.

Law: Tex. Prop. Code 42.001(b)(1), (d)

Tax-qualified retirement and savings plans are exempt without a dollar cap, outside the $100,000 / $50,000 limit: employer and church plans, IRAs and Roth IRAs (including inherited ones), SEPs, health savings accounts, Coverdell and 529 college plans, prepaid tuition, ABLE accounts. Excess contributions are not covered. Money withdrawn stays exempt for 60 days (longer if rolled over).

Law: Tex. Prop. Code 42.0021

No dollar limit (IRAs are capped under 522(n))

Money in traditional and Roth IRAs is protected up to $1,711,975 in total.

Law: 11 U.S.C. 522(d)(12); 11 U.S.C. 522(n); 90 FR 8941

Unemployment benefits are exempt (if not mixed with other money; except debts for necessities while unemployed). Workers' compensation benefits are exempt. TANF cash assistance is exempt, including from insolvency law.

Law: Tex. Lab. Code 207.075; Tex. Lab. Code 408.201; Tex. Hum. Res. Code 31.040

Your right to receive Social Security, unemployment, public assistance, veterans' and disability benefits; alimony and support you reasonably need; and certain pension or annuity payments you reasonably need: No dollar limit (some only as much as you reasonably need)

Your right to certain payments: crime victim awards, wrongful-death and life-insurance payments for someone you depended on, personal bodily injury payments (not pain and suffering or actual money losses), and payments for lost future earnings: Crime-victim awards: no limit. Personal injury payment: up to $31,575. Others: as much as you reasonably need

Law: 11 U.S.C. 522(d)(10); 11 U.S.C. 522(d)(11)

• Life, health and accident insurance and annuity benefits, including the cash value of a policy, are fully exempt.
• Alimony, support or separate maintenance you receive, and prescribed health aids, are exempt outside the cap.
• A religious Bible or other book of sacred writings is exempt outside the cap.

Law: Tex. Ins. Code 1108.051; Tex. Prop. Code 42.001(b)(2), (3); Tex. Prop. Code 42.001(b)(4)

An unmatured life insurance policy you own (not credit life insurance): No dollar limit

Cash value of life insurance: $16,850

Health aids prescribed by a professional for you or a dependent: No dollar limit

Law: 11 U.S.C. 522(d)(7); 11 U.S.C. 522(d)(8); 11 U.S.C. 522(d)(9)