Asked in Bankruptcy and Foreclosure for Texas

Q: I own a home in Ca &one Tx. I have 30k in debt I cant pay.Can I be forced to sell one of my homes by not paying my bills

I am considering BK 7. Or possibly just stop paying the bills as it would save me 1000 per month. I am on a fixed income now. The homes are being rented out. I'm aware of the homestead law. If I were to homestead, I would protect the home in California. The home in Tx is about a year old, new construction. Possibly 20k in equity but its hard to tell. I would like to know what option would be best to save the 1000 monthly and possibly keep both homes. BK 7 or just stop paying the credit card bills. Thank you so much for your help.

Related Topics:
1 Lawyer Answer
Cristina M. Lipan
Cristina M. Lipan
Answered
  • Bankruptcy Lawyer
  • Wantagh, NY

A: Homestead laws only apply when you reside in the property. You indicated the homes are being rented out, so you might not have this exemption. You should speak to a local bankruptcy attorney that can more accurately analyze the situation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.