Texas Bankruptcy
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Define: Texas Bankruptcy Trustee
Texas Bankruptcy Law Summaries

"Texas Bankruptcy Trustee"

In cases filed under Chapters 7 and 13, a Texas Bankruptcy Trustee is appointed by the court to review legal compliance for all documents filed by debtors. The trustee reviews all cases and offers a recommendation to the Court regarding the disposition of the case. The trustee also collects payments in Chapter 13 cases, disburses payments to creditors, and eventually prepares a final accounting once the case is complete. Trustees serve the U.S. Department of Justice, though the U.S. Trustee's Office, and are generally local attorneys acting as Assistant US Trustees for Texas bankruptcy proceedings on behalf of DOJ & U.S. Trustee.

11 U.S.C. §307: "The United States trustee may raise and may appear and be heard on any issue in any case or proceeding under this title but may not file a plan pursuant to section 1121(c) of this title"

11 U.S.C. §323: "(a) The trustee in a case under this title is the representative of the estate. (b) The trustee in a case under this title has capacity to sue and be sued"

11 U.S.C. §330(a): "(1) After notice to the parties in interest and the United States Trustee and a hearing, and subject to sections 326, 328, and 329, the court may award to a trustee, an examiner, a professional person employed under section 327 or 1103 - (A) reasonable compensation for actual, necessary services rendered by the trustee, examiner, professional person, or attorney and by any paraprofessional person employed by any such person; and (B) reimbursement for actual, necessary expenses."

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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