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"Texas Chapter 13 Laws"
All Texas bankruptcy cases under Chapter 13 are properly filed in federal court. The
U.S. Code relies on state statutes in many circumstances for property
exemptions, permissible collection and foreclosure procedures, and liability for
breech of contracts, tort claim value, and
criminal liability. All Chapter 13 cases must also provide creditors with
notice and proposed payment amounts equal to or greater than if the case
had been filed under Chapter 7.
| 11 U.S.C. §1301, et seq. provides for unique statutory provisions which apply only to
Chapter 13. Many other provisions of Title 11 also apply to all cases filed in federal court. |
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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