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"Texas Chapter 12"
This unique chapter of the Code applies only to "family farmers." To qualify
as a family farmer,
a majority of the debtors income must be earned from farming operations.
Farming operations alone do not qualify, but must produce income
sufficient to maintain a plan of reorganization. As a rural business, the homestead exemption is
also available according to general Texas bankruptcy laws.
| 11 U.S.C. §1203: "Rights and powers of debtor. Subject to such limitations as the court
may prescribe, a debtor in possession shall have all the rights, other than the right to compensation under
section 330, and powers, and shall perform all the functions and duties, except the duties specified in paragraphs
(3) and (4) of section 1106(a), of a trustee serving in a case under chapter 11, including operating the
debtor's farm" |
Words and phrases used by the court are frequently terms of legal art. In practice, legal terms convey an assortment of requirements for compliance, according to case law, statutes and rules. Although the common usage of a word or phrase may be clear to an average person, legal terminology easily snares unaware pro se debtors because of the complexity of bankruptcy laws. Also be aware, attorneys representing creditors readily sense a pro se debtor's apprehension, and test their knowledge, confidence and compliance. For this this reason, pro se debtors must become their own best advocate, and be capable of defending their right to debt relief according to current laws.
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