Texas Bankruptcy
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Define: Texas Bankruptcy Discharge
Texas Bankruptcy Law Summaries

"Texas Bankruptcy Discharge"

A "discharge" in a Texas bankruptcy cases is available in all chapters. In Chapter 7 cases, discharge eliminates debt and responsibility for all future payments. In Chapter 11 and 13 cases, the plan must propose either full or partial repayment over time, and may discharge remaining balances at the end of the plan term.

11 U.S.C. §1328 provides, in part, "As soon as practicable after completion by the debtor of all payments under the plan, unless the court approves a written waiver of discharge executed by the debtor after the order for relief under this chapter, the court shall grant the debtor a discharge of all debts provided for by the plan or disallowed under section 502 of this title, except any debt - "

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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