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Myth: In many states, your real estate will be protected from creditors.
Fact: Not true anymore. Protecting your residence from creditors will no longer be possible, as the recently passed law provides a maximum of $125,000 as a homestead exemption if the house has been owned for less than forty months. The old law encouraged some wealthy debtors who were in financial trouble into relocating to states with more friendly laws and obtaining large homes so that they might safeguard their money from creditors. Through the previous debt relief law, some states, such as Florida and Texas, had generous real estate exemptions. Residents of some states could not have their residences taken to repay financial obligations. Long-time mortgage holders may be protected, but the days of quickly buying a house in Florida to save your cash are finished.
If you have doubts as to how you are affected by the revisions in debt relief law, do not wait to call an attorney. A lot of legitmately poor people will not be affected by the new legislation, so do not allow the new bankruptcy law frighten you if you genuinely need to file. The new law is tough, but not impossible, to work through.
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