San Marcos is a college town located between San Antonio and Austin, home to Texas State University. With a population of about 67,500, it has a young demographic and a mix of student and family housing.
| Property | Texas Exemption |
|---|---|
| Homestead | UNLIMITED (up to 10 acres urban / 100 acres rural) |
| Vehicle | 1 motor vehicle per licensed household member |
| Personal Property | $50,000 (single) / $100,000 (family) |
| Wages | Fully exempt (current wages cannot be garnished in Texas, except for child support, taxes, and student loans) |
| Retirement Accounts | Fully exempt (IRAs, 401(k), pensions) |
| Life Insurance | Fully exempt |
Texas does not allow federal bankruptcy exemptions. You must use Texas state exemptions. Texas has some of the most debtor-friendly exemptions in the nation.
San Marcos is in Hays County / Guadalupe County, which files in the Western District of Texas, San Antonio Division. The courthouse is at 615 E Houston St, San Antonio, TX 78205. The W.D. Tex. has a 62.6% Chapter 13 dismissal rate.
Texas exemptions apply: unlimited homestead (up to 10 acres urban / 100 acres rural), one motor vehicle per licensed household member, personal property up to $50,000 (single) or $100,000 (family), fully exempt retirement accounts and life insurance. Full exemptions guide.
Texas is one of the most protective states for wage garnishment. Current wages generally cannot be garnished in Texas, except for child support, taxes, and federally guaranteed student loans. This protection exists even outside of bankruptcy.
Almost certainly not, thanks to Texas's unlimited homestead exemption. As long as your home is on 10 acres or less (urban) or 100 acres or less (rural) and is your primary residence, it is fully protected in bankruptcy regardless of its value.
San Marcos has a large student population. Student loans are generally not dischargeable in bankruptcy except through an adversary proceeding showing undue hardship. However, other debts like credit cards and medical bills can be eliminated.
Use the free 1328(f) screener to check whether a prior discharge affects your eligibility.
Free Discharge Screener