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Define: Texas Bankruptcy Schedules

Texas Bankruptcy Law Summaries

"Texas Bankruptcy Schedules"

All Texas bankruptcy cases require a complete set of conforming Schedules. Within these Schedules, debtors must provide a list of all assets, liabilities, and creditors. In addition, many other legal financial disclosures are required and must be submitted in a format approved by the Clerk of the Court. All Texas bankruptcy courts also require conformity with the Federal Rules of Procedure, including affirmations of the truth of matters including, subject to the pains of perjury and contempt. Texas bankruptcy schedules are the core documents upon which each case is founded and upon which relief may be granted.

11 U.S.C. §110(h): (1) Within 10 days after the date of the filing of a petition, a bankruptcy petition preparer shall file a declaration under penalty of perjury disclosing any fee received from or on behalf of the debtor within 12 months immediately prior to the filing of the case, and any unpaid fee charged to the debtor. (2) The court shall disallow and order the immediate turnover to the bankruptcy trustee of any fee referred to in paragraph (1) found to be in excess of the value of services rendered for the documents prepared. An individual debtor may exempt any funds so recovered under section 522(b).(3) The debtor, the trustee, a creditor, or the United States trustee may file a motion for an order under paragraph (2).(4) A bankruptcy petition preparer shall be fined not more than $500 for each failure to comply with a court order to turn over funds within 30 days of service of such order."

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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