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Define: Texas Bankruptcy Advice

Texas Bankruptcy Law Summaries

"Texas Bankruptcy Advice"

All judges, clerks, and court personnel are prohibited to offer personal legal advice to any interested party, whether debtor, creditor, secured party, or attorneys. Lay persons who are not licensed by the state bar are also prohibited to practice law, and may be subject to prosecution for barratry.

Be aware that filing bankruptcy is a legal proceeding which affects the rights of debtors, creditors and other parties in interest. 28 U.S.C. §955 prohibits a clerk's office and staff to offer information to parties involved which may be characterized as legal advice.

Texas bankruptcy courts provide free forms to debtors upon request. Also, clerks may provide a package of documents including instructions for filing. Usually, these packets include: 1) an official form for the petition, 2) a current fee requirements and options, 3) instructions for preparing a mailing matrix, 4) debtor rights for discharge, and 5) a glossary of common bankruptcy terms. Be aware, forms provided and instructions may not include all necessary documents throughout the completion of the case. Texas bankruptcy courts allow pro se debtors to file paper forms. Also, Texas courts permit emergency filing after hours online. To file online, attorneys must apply for approval and receive a personal account before filing. Payment of filing fees online may be provided by credit card.

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