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Define: Texas Business Bankruptcy

Texas Bankruptcy Law Summaries

"Texas Business Bankruptcy"

Corporations, partnerships, limited partnerships, limited liability professional partnerships (LLPs) and sole proprietorships are specifically authorized to file Texas bankruptcy, based on domicile or property ownership within the state of Texas. U.S. citizenship is not required to file. Jurisdiction that is based solely upon property ownership is subject to strict scrutiny.

11 U.S.C. §101(9): "corporation - (A) (i) association having a power or privilege that a private corporation, but not an individual or a partnership, possesses; (ii) partnership association organized under a law that makes only the capital subscribed responsible for the debts of such association; (iii) joint-stock company; (iv) unincorporated company or association; or (v) business trust; but (B) does not include limited partnership;"

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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