Texas Mortgage Lenders After Bankruptcy Chapter 7 or 13!

GET A MORTGAGE AFTER FILING CHAPTER 7-13  BANKRUPTCY

How does a chapter 7 OR 13  bankruptcy affect a Chapter 13 or 7 mortgage applicant’s ability to qualify  for an FHA mortgage?
A Chapter 7 bankruptcy (liquidation) does not disqualify a mortgage applicant from obtaining an FHA Mortgage if at least (2)  years have elapsed since the date of the bankruptcy discharge. Or with a Chapter 13 or 7 Mortgage Lenders bankruptcy you could qualify to purchase a home after 12 months timely bankruptcy payment history.

How does a Chapter 13 or 7 bankruptcy affect a Chapter 13 or 7 mortgage applicant’s ability to qualify for an FHA mortgage?

• Chapter 7 you must wait a full 24 months with no late payment and re establish credit.

• Chapter 13 you must wait a full 12 months with no late payments and reestablished credit.

A Chapter 13 or 7 Mortgage Lender will not disqualify a Chapter 13 or 7 mortgage applicant from obtaining an FHA-insured Mortgage, if at the time of case number assignment at least 12 months of the pay-out period under the bankruptcy has elapsed.

The after bankruptcy mortgage lenders must determine that during this time, the Chapter 13 or 7 mortgage applicant’s payment performance has been satisfactory and all required payments have been made on time; and the Chapter 13 or 7 mortgage applicant has received written permission from bankruptcy court to enter into the mortgage transaction.

Texas CHAPTER 7 OR CHAPTER 13 BANKRUPTCY MORTGAGE

Bankruptcy is a scary word to many people. Common types of bankruptcy include Chapter 7, Chapter 13, and Chapter 11. When it comes to getting a Texas mortgage after a Foreclosure or bankruptcy it’s not as bad as some may think. Texas-Mortgage-Lenders.com would like to take away the stigma that a bankruptcy may have caused you and your family by educating you on some of your loan possibilities prior to, during and after bankruptcy or Texas foreclosure. Please read the bullet points below as they pertain to home Texas mortgage loans with Texas-Mortgage-Lenders.com and use the links on this page for more detailed information about bankruptcy.

Texas Mortgage After Chapter 7 bankruptcy:

• 96.5% financing is possible as little as two years after a Texas Chapter 7 Bankruptcy discharge or dismissal with a credit score above 530.
• VA loans are possible as little as two years after a Chapter 7 discharge or dismissal with credit scores above 530.
• FHA loans are possible as little as two years after a Texas Chapter 7 Bankruptcy or dismissal with credit scores above 530.
• FHA refinances are possible as little as two years after a Texas Chapter 7 Bankruptcy discharge or dismissal.

Texas Mortgage Chapter 13 Bankruptcy:

• VA loans are possible if you have been in a Texas Chapter 13 Bankruptcy and paying it on time for at least 12 months with credit scores above 530.
• FHA loans are possible if you have been in a Texas Chapter 13 Bankruptcy and paying it on time for at least 12 months with credit scores above 530.
• Restrictions apply to all of the above but a Texas-Mortgage-Lenders.com representative can guide you through the loan process.

GET A MORTGAGE AFTER FILING Texas Chapter 7-13  bankruptcy mortgage applicants

How does a Texas Chapter 7 OR 13  bankruptcy mortgage applicants affect a Texas Chapter 13 or 7 mortgage applicant’s ability to qualify  for an FHA mortgage?
A Texas Chapter 7 bankruptcy mortgage applicants (liquidation) does not disqualify a mortgage applicant from obtaining an FHA Mortgage if at least (2)  years have elapsed since the date of the bankruptcy mortgage applicants discharge. Or with a Texas Chapter 13 or 7 Mortgage Lenders bankruptcy mortgage applicants you could qualify to purchase a home after 12 months of timely bankruptcy mortgage applicants payment history.

How does a Texas Chapter 13 or 7 bankruptcy mortgage applicant affect a Texas Chapter 13 or 7 mortgage applicant’s ability to qualify for an FHA mortgage?

• Texas Chapter 7 you must wait a full 24 months with no late payment and re establish credit.

• Texas Chapter 13 you must wait a full 12 months with no late payments and reestablished credit.

A Texas Chapter 13 or 7 Mortgage Lender will not disqualify a Texas Chapter 13 or 7 mortgage applicant from obtaining an FHA-insured Mortgage, if at the time of case number assignment at least 12 months of the pay-out period under the bankruptcy mortgage applicants has elapsed.

The after bankruptcy mortgage applicants mortgage lenders must determine that during this time, the Texas Chapter 13 or 7 mortgage applicant’s payment performance has been satisfactory and all required payments have been made on time; and the Texas Chapter 13 or 7 mortgage applicant has received written permission from bankruptcy mortgage applicants court to enter into the mortgage transaction.

Texas Chapter 13 or 7 Mortgage Lenders – bankruptcy mortgage applicants Basics

A Texas Chapter 13 or 7 Mortgage Lenders bankruptcy mortgage applicants is also called a wage earner’s plan. It enables individuals with regular income to develop a plan to repay all or part of their debts. Under this Texas Chapter, debtors propose a repayment plan to make installments to creditors over three to five years. If the debtor’s current monthly income is less than the applicable state median, the plan will be for three years unless the court approves a longer period “for cause.” (1) If the debtor’s current monthly income is greater than the applicable state median, the plan generally must be for five years. In no case may a plan provide for payments over a period longer than five years. During this time the law forbids creditors from starting or continuing collection efforts.

This Texas Chapter discusses Mortgage Lenders  aspects of a Texas Chapter 13 or 7 Mortgage Lenders proceeding: the advantages of choosing Texas Chapter 13, the Texas Chapter 13 or 7 Mortgage Lenders eligibility requirements, how a Texas Chapter 13 or 7 Mortgage Lenders proceeding works, making the plan work, and the special Texas Chapter 13 or 7 Mortgage Lenders discharge.

Advantages of Texas Chapter 13 bankruptcy mortgage applicants

Texas Chapter 13 or 7 Mortgage Lenders offers individuals a number of advantages over liquidation under Texas Chapter 7. Perhaps most significantly, Texas Chapter 13 or 7 Mortgage Lenders offers individuals an opportunity to save their homes from foreclosure. By filing under this Texas Chapter, individuals can stop foreclosure proceedings and may cure delinquent mortgage payments over time. Nevertheless, they must still make all mortgage payments that come due during the Texas Chapter 13 or 7 Mortgage Lenders plan on time. Another advantage of Texas Chapter 13 or 7 Mortgage Lenders is that it allows individuals to reschedule secured debts (other than a mortgage for their primary residence) and extend them over the life of the Texas Chapter 13 or 7 Mortgage Lenders plan. Doing this may lower the payments. Texas Chapter 13 or 7 Mortgage Lenders also has a special provision that protects third parties who are liable with the debtor on “consumer debts.” This provision may protect co-signers. Finally, Texas Chapter 13 or 7 Mortgage Lenders acts like a consolidation loan under which the individual makes the plan payments to a Texas Chapter 13 or 7 Mortgage Lenders bankruptcy mortgage applicants mortgage lenders who then distributes payments to creditors. Individuals will have no direct contact with creditors while under Texas Chapter 13 or 7 Mortgage Lenders protection.

Texas Chapter 13 or 7 Mortgage Lenders Eligibility

Any individual, even if self-employed or operating an unincorporated business, is eligible for Texas Chapter 13 or 7 Mortgage Lenders relief as long as the individual’s unsecured debts are less than $394,725 and secured debts are less than $1,184,200. . These amounts are adjusted periodically to reflect changes in the consumer price index. A corporation or partnership may not be a Texas Chapter 13 or 7 Mortgage Lenders debtor. Id.

An individual cannot file under Texas Chapter 13 or 7 Mortgage Lenders or any other Texas Chapter if, during the preceding 180 days, a prior bankruptcy mortgage applicants petition was dismissed due to the debtor’s willful failure to appear before the court or comply with orders of the court or was voluntarily dismissed after creditors sought relief from the bankruptcy mortgage applicants court to recover property upon which they hold liens. In addition, no individual may be a debtor under Texas Chapter 13 or 7 Mortgage Lenders or any Texas Chapter of the bankruptcy mortgage applicants Code unless he or she has, within 180 days before filing, received credit counseling from an approved credit counseling agency either in an individual or group briefing. There are exceptions in emergency situations or where the U.S. bankruptcy mortgage applicants mortgage lenders (or bankruptcy mortgage applicants administrator) has determined that there are insufficient approved agencies to provide the required counseling. If a debt management plan is developed during required credit counseling, it must be filed with the court.

How Texas Chapter 13 or 7 Mortgage Lenders Works

A Texas Chapter 13 or 7 Mortgage Lenders case begins by filing a petition with the Texas Chapter 13 or 7 bankruptcy mortgage applicants court serving the area where the debtor has a domicile or residence. Unless the court orders otherwise, the debtor must also file with the court: (1) schedules of assets and liabilities; (2) a schedule of current income and expenditures; (3) a schedule of executory contracts and unexpired leases; and (4) a statement of financial affairs.The debtor must also file a certificate of credit counseling and a copy of any debt repayment plan developed through credit counseling; evidence of payment from employers, if any, received 60 days before filing; a statement of monthly net income and any anticipated increase in income or expenses after filing; and a record of any interest the debtor has in federal or state qualified education or tuition accounts. The debtor must provide the Texas Chapter 13 or 7 Mortgage Lenders case bankruptcy mortgage applicants mortgage lenders with a copy of the tax return or transcripts for the most recent tax year as well as tax returns filed during the case (including tax returns for prior years that had not been filed when the case began). Id. A husband and wife may file a joint petition or individual petitions.. (The Official Forms may be purchased at legal stationery stores or downloaded from the Internet at. They are not available from the court.

The courts must charge a $235 case filing fee and a $75 miscellaneous administrative fee. Normally the fees must be paid to the clerk of the court upon filing. With the court’s permission, however, they may be paid in installments. bankruptcy mortgage applicants Court Miscellaneous Fee Schedule, Item 8. The number of installments is limited to four, and the debtor must make the final installment no later than 120 days after filing the petition. Fed. R. Bankr. P. 1006(b). For cause shown, the court may extend the time of any installment, as long as the last installment is paid no later than 180 days after filing the petition. Id. The debtor may also pay the $75 administrative fee in installments. If a joint petition is filed, only one filing fee and one administrative fee are charged. Debtors should be aware that failure to pay these fees may result in dismissal of the case..

In order to complete the Official bankruptcy mortgage applicants Forms that make up the petition, statement of financial affairs, and schedules, the debtor must compile the following information:

1. A list of all creditors and the amounts and nature of their claims;
2. The source, amount, and frequency of the debtor’s income;
3. A list of all of the debtor’s property; and
4. A detailed list of the debtor’s monthly living expenses, i.e., food, clothing, shelter, utilities, taxes, transportation, medicine, etc.

Married individuals must gather this information for their spouse regardless of whether they are filing a joint petition, separate individual petitions, or even if only one spouse is filing. In a situation where only one spouse files, the income and expenses of the non-filing spouse is required so that the court, the bankruptcy mortgage applicants mortgage lenders and creditors can evaluate the household’s financial position.

When an individual files a Texas Chapter 13 or 7 Mortgage Lenders petition, an impartial bankruptcy mortgage applicants mortgage lenders is appointed to administer the case.. In some districts, the U.S. bankruptcy mortgage applicants mortgage lenders or bankruptcy mortgage applicants administrator (2) appoints a standing bankruptcy mortgage applicants mortgage lenders to serve in all Texas Chapter 13 or 7 Mortgage Lenders cases.. The Texas Chapter 13 or 7 Mortgage Lenders bankruptcy mortgage applicants mortgage lenders both evaluates the case and serves as a disbursing agent, collecting payments from the debtor and making distributions to creditors. .

Filing the petition under Texas Chapter 13 or 7 Mortgage Lenders “automatically stays” (stops) most collection actions against the debtor or the debtor’s property.. Filing the petition does not, however, stay certain types of actions listed under, and the stay may be effective only for a short time in some situations. The stay arises by operation of law and requires no judicial action. As long as the stay is in effect, creditors generally may not initiate or continue lawsuits, wage garnishments, or even make telephone calls demanding payments. The bankruptcy mortgage applicants clerk gives notice of the bankruptcy mortgage applicants case to all creditors whose names and addresses are provided by the debtor.

Texas Chapter 13 or 7 Mortgage Lenders also contains a special automatic stay provision that protects co-debtors. Unless the bankruptcy mortgage applicants court authorizes otherwise, a creditor may not seek to collect a “consumer debt” from any individual who is liable along with the debtor. . Consumer debts are those incurred by an individual primarily for a personal, family, or household purpose.

Individuals may use a Texas Chapter 13 or 7 Mortgage Lenders proceeding to save their home from foreclosure. The automatic stay stops the foreclosure proceeding as soon as the individual files the Texas Chapter 13 or 7 Mortgage Lenders petition. The individual may then bring the past-due payments current over a reasonable period of time. Nevertheless, the debtor may still lose the home if the mortgage company completes the foreclosure sale under state law before the debtor files the petition.

. The debtor may also lose the home if he or she fails to make the regular mortgage payments that come due after the Texas Chapter 13 or 7 Mortgage Lenders filing.

Between 21 and 50 days after the debtor files the Texas Chapter 13 or 7 Mortgage Lenders petition, the Texas Chapter 13 or 7 Mortgage Lenders bankruptcy mortgage applicants mortgage lenders will hold a meeting of creditors. If the U.S. bankruptcy mortgage applicants mortgage lenders or bankruptcy mortgage applicants administrator schedules the meeting at a place that does not have regular U.S. bankruptcy mortgage applicants mortgage lenders or bankruptcy mortgage applicants administrator staffing, the meeting may be held no more than 60 days after the debtor files. Fed. R. Bankr. P. 2003(a). During this meeting, the bankruptcy mortgage applicants mortgage lenders places the debtor under oath, and both the bankruptcy mortgage applicants mortgage lenders and creditors may ask questions. The debtor must attend the meeting and answer questions regarding his or her financial affairs and the proposed terms of the plan.. If a husband and wife file a joint petition, they both must attend the creditors’ meeting and answer questions. In order to preserve their independent judgment, bankruptcy mortgage applicants judges are prohibited from attending the creditors’ meeting. . The parties typically resolve problems with the plan either during or shortly after the creditors’ meeting. Generally, the debtor can avoid problems by making sure that the petition and plan are complete and accurate, and by consulting with the bankruptcy mortgage applicants mortgage lenders prior to the meeting.

In a Texas Chapter 13 or 7 Mortgage Lenders case, to participate in distributions from the bankruptcy mortgage applicants estate, unsecured creditors must file their claims with the court within 90 days after the first date set for the meeting of creditors. Fed. R. Bankr. P. 3002(c). A governmental unit, however, has 180 days from the date the case is filed file a proof of claim.).

After the meeting of creditors, the debtor, the Texas Chapter 13 or 7 Mortgage Lenders bankruptcy mortgage applicants mortgage lenders, and those creditors who wish to attend will come to court for a hearing on the debtor’s Texas Chapter 13 or 7 Mortgage Lenders repayment plan.

The Texas Chapter 13 or 7 Mortgage Lenders Hardship Discharge

After confirmation of a plan, circumstances may arise that prevent the debtor from completing the plan. In such situations, the debtor may ask the court to grant a “hardship discharge.” Generally, such a discharge is available only if: (1) the debtor’s failure to complete plan payments is due to circumstances beyond the debtor’s control and through no fault of the debtor; (2) creditors have received at least as much as they would have received in a Texas Chapter 7 liquidation case; and (3) modification of the plan is not possible. Injury or illness that precludes employment sufficient to fund even a modified plan may serve as the basis for a hardship discharge. The hardship discharge is more limited than the discharge described above and does not apply to any debts that are non dischargeable in a Texas Chapter 7 case. 

1. The “current monthly income” received by the debtor is a defined term in the bankruptcy mortgage applicants Code and means the average monthly income received over the six calendar months before commencement of the bankruptcy mortgage applicants case, including regular contributions to household expenses from nondebtors and including income from the debtor’s spouse if the petition is a joint petition, but not including social security income or certain payments made because the debtor is the victim of certain crimes. .
2. In North Carolina and Alabama, bankruptcy mortgage applicants administrators perform similar functions that U.S. bankruptcy mortgage applicants mortgage lenders  perform in the remaining forty-eight states. The bankruptcy mortgage applicants administrator program is administered by the Administrative Office of the United States Courts, while the U.S. bankruptcy mortgage applicants mortgage lenders program is administered by the Department of Justice. For purposes of this publication, references to U.S. bankruptcy mortgage applicants mortgage lenders are also applicable to bankruptcy mortgage applicants administrators.
3. 10 categories of unsecured claims which Congress has, for public policy reasons, given priority of distribution over other unsecured claims.
4. A fee of $25 is charged for converting a case under Texas Chapter 13 or 7 Mortgage Lenders to a case under Texas Chapter 7.

The Texas Chapter 13 or 7 Mortgage Lenders Plan and Confirmation Hearing

Unless the court grants an extension, the debtor must file a repayment plan with the petition or within 14 days after the petition is filed. A plan must be submitted for court approval and must provide for payments of fixed amounts to the bankruptcy mortgage applicants mortgage lenders on a regular basis, typically biweekly or monthly. The bankruptcy mortgage applicants mortgage lenders then distributes the funds to creditors according to the terms of the plan, which may offer creditors less than full payment on their claims.

There are three types of claims: priority, secured, and unsecured. Priority claims are those granted special status by the bankruptcy mortgage applicants law, such as most taxes and the costs of bankruptcy mortgage applicants proceeding. (3) Secured claims are those for which the creditor has the right take back certain property (i.e., the collateral) if the debtor does not pay the underlying debt. In contrast to secured claims, unsecured claims are generally those for which the creditor has no special rights to collect against particular property owned by the debtor.

The plan must pay priority claims in full unless a particular priority creditor agrees to different treatment of the claim or, in the case of a domestic support obligation, unless the debtor contributes all “disposable income” – discussed below – to a five-year plan..

If the debtor wants to keep the collateral securing a particular claim, the plan must provide that the holder of the secured claim receive at least the value of the collateral. If the obligation underlying the secured claim was used to buy the collateral (e.g., a car loan), and the debt was incurred within certain time frames before the bankruptcy mortgage applicants filing, the plan must provide for full payment of the debt, not just the value of the collateral (which may be less due to depreciation). Payments to certain secured creditors (i.e., the home mortgage lender), may be made over the original loan repayment schedule (which may be longer than the plan) so long as any arrearage is made up during the plan. The debtor should consult an attorney to determine the proper treatment of secured claims in the plan.

The plan need not pay unsecured claims in full as long it provides that the debtor will pay all projected “disposable income” over an “applicable commitment period,” and as long as unsecured creditors receive at least as much under the plan as they would receive if the debtor’s assets were liquidated under Texas Chapter. In Texas Chapter 13, “disposable income” is income (other than child support payments received by the debtor) less amounts reasonably necessary for the maintenance or support of the debtor or dependents and less charitable contributions up to 15% of the debtor’s gross income. If the debtor operates a business, the definition of disposable income excludes those amounts which are necessary for ordinary operating expenses.). The “applicable commitment period” depends on the debtor’s current monthly income. The applicable commitment period must be three years if current monthly income is less than the state median for a family of the same size – and five years if the current monthly income is greater than a family of the same size. . The plan may be less than the applicable commitment period (three or five years) only if unsecured debt is paid in full over a shorter period.

Within 30 days after filing the bankruptcy mortgage applicants case, even if the plan has not yet been approved by the court, the debtor must start making plan payments to the bankruptcy mortgage applicants’ mortgage lenders. . If any secured loan payments or lease payments come due before the debtor’s plan is confirmed (typically home and automobile payments), the debtor must make adequate protection payments directly to the secured lender or lessor – deducting the amount paid from the amount that would otherwise be paid to the bankruptcy mortgage applicants mortgage lenders. Id.

No later than 45 days after the meeting of creditors, the bankruptcy mortgage applicants judge must hold a confirmation hearing and decide whether the plan is feasible and meets the standards for confirmation set forth in the bankruptcy mortgage applicants Code.. Creditors will receive 28 days’ notice of the hearing and may object to confirmation. Fed. R. Bankr. P. 2002(b). While a variety of objections may be made, the most frequent ones are that payments offered under the plan are less than creditors would receive if the debtor’s assets were liquidated or that the debtor’s plan does not commit all of the debtor’s projected disposable income for the three or five year applicable commitment period.

If the court confirms the plan, the Texas Chapter 13 or 7 Mortgage Lenders bankruptcy mortgage applicants mortgage lenders will distribute funds received under the plan “as soon as is practicable.” . If the court declines to confirm the plan, the debtor may file a modified plan.. The debtor may also convert the case to a liquidation case under Texas Chapter 7. If the court declines to confirm the plan or the modified plan and instead dismisses the case, the court may authorize the bankruptcy mortgage applicants mortgage lenders to keep some funds for costs, but the bankruptcy mortgage applicants mortgage lenders must return all remaining funds to the debtor (other than funds already disbursed or due to creditors). .

Occasionally, a change in circumstances may compromise the debtor’s ability to make plan payments. For example, a creditor may object or threaten to object to a plan, or the debtor may inadvertently have failed to list all creditors. In such instances, the plan may be modified either before or after confirmation.. Modification after confirmation is not limited to an initiative by the debtor, but may be at the request of the bankruptcy mortgage applicants mortgage lenders or an unsecured creditor. .

Texas Chapter 13 bankruptcy Making the Plan Work

The provisions of a confirmed plan bind the debtor and each creditor. Once the court confirms the plan, the debtor must make the plan succeed. The debtor must make regular payments to the bankruptcy mortgage applicants mortgage lenders either directly or through payroll deduction, which will require adjustment to living on a fixed budget for a prolonged period. Furthermore, while confirmation of the plan entitles the debtor to retain property as long as payments are made, the debtor may not incur new debt without consulting the bankruptcy mortgage applicants mortgage lenders, because additional debt may compromise the debtor’s ability to complete the plan.

A debtor may make plan payments through payroll deductions. This practice increases the likelihood that payments will be made on time and that the debtor will complete the plan. In any event, if the debtor fails to make the payments due under the confirmed plan, the court may dismiss the case or convert it to a liquidation case under Texas Chapter 7 of the bankruptcy mortgage applicants Code. The court may also dismiss or convert the debtor’s case if the debtor fails to pay any post-filing domestic support obligations (i.e., child support, alimony), or fails to make required tax filings during the case. The Texas Chapter 13 or 7 Mortgage Lenders Discharge

The bankruptcy mortgage applicants law regarding the scope of the Texas Chapter 13 or 7 Mortgage Lenders discharge is complex and has recently undergone major changes. Therefore, debtors should consult competent legal counsel prior to filing regarding the scope of the Texas Chapter 13 or 7 Mortgage Lenders discharge.

A Texas Chapter 13 or 7 Mortgage Lenders debtor is entitled to a discharge upon completion of all payments under the Texas Chapter 13 or 7 Mortgage Lenders plan so long as the debtor: (1) certifies (if applicable) that all domestic support obligations that came due prior to making such certification have been paid; (2) has not received a discharge in a prior case filed within a certain time frame (two years for prior Texas Chapter 13 or 7 Mortgage Lenders cases and four years for prior Texas Chapter 7, 11 and 12 cases); and (3) has completed an approved course in financial management (if the U.S. bankruptcy mortgage applicants mortgage lenders or bankruptcy mortgage applicants administrator for the debtor’s district has determined that such courses are available to the debtor).. The court will not enter the discharge, however, until it determines, after notice and a hearing, that there is no reason to believe there is any pending proceeding that might give rise to a limitation on the debtor’s homestead exemption.

The discharge releases the debtor from all debts provided for by the plan or disallowed , with limited exceptions. Creditors provided for in full or in part under the Texas Chapter 13 or 7 Mortgage Lenders plan may no longer initiate or continue any legal or other action against the debtor to collect the discharged obligations.

As a general rule, the discharge releases the debtor from all debts provided for by the plan or disallowed, with the exception of certain debts referenced in. Debts not discharged in Texas Chapter 13 or 7 Mortgage Lenders include certain long term obligations (such as a home mortgage), debts for alimony or child support, certain taxes, debts for most government funded or guaranteed educational loans or benefit overpayments, debts arising from death or personal injury caused by driving while intoxicated or under the influence of drugs, and debts for restitution or a criminal fine included in a sentence on the debtor’s conviction of a crime. To the extent that they are not fully paid under the Texas Chapter 13 or 7 Mortgage Lenders plan, the debtor will still be responsible for these debts after the bankruptcy mortgage applicants case has concluded. Debts for money or property obtained by false pretenses, debts for fraud or defalcation while acting in a fiduciary capacity, and debts for restitution or damages awarded in a civil case for willful or malicious actions by the debtor that cause personal injury or death to a person will be discharged unless a creditor timely files and prevails in an action to have such debts declared non dischargeable. 

The discharge in a Texas Chapter 13 or 7 Mortgage Lenders case is somewhat broader than in a Texas Chapter 7 case. Debts dischargeable in a Texas Chapter 13, but not in Texas Chapter 7, include debts for willful and malicious injury to property (as opposed to a person), debts incurred to pay non dischargeable tax obligations, and debts arising from property settlements in divorce or separation proceedings.