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Chapter 7 and our house


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My husband and I are seriously considering bankruptcy as we have debt that we just cannot afford to pay as our financial situations have changed from what it used to be. I was recently served a citation from a JDB, and have file my general denial answer.

My big question is we have a house, my mother and 15 yr old daughter are currently living there as we have moved (for now) for my husbands job. Will we be able to keep our house? I have looked up the homestead rules for Texas, but I am unclear on our particular situation. We do not want to lose our house as we will be moving back, we just don't know when. Also we are renting an apartment where we are right now and mother is making mortgage payment.

Going to talk to lawyer soon, just need a little help calming my nerves.

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I'm not familiar with Texas, but in general, for the homestead exemption to take effect, you, the bankruptcy filer,  have to be living in the house you want to protect.  I'm not sure if a minor daughter living there would count. 


Could you hold off on filing BK until you move back into the house?  There is lots of info here on fighting JDBs in court.  You should be able to beat them with arbitration.

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