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"Texas Chapter 13 Plan"
In Texas bankruptcy cases filed under Chapter 13, a proposed plan of reorganization is required
that provides for repayment of all, or a portion, of all legitimate debts owed to creditors. Confirmation of
a Chapter 13 plan is required before it becomes enforceable against
creditors. Plans are limited to five years, during which each debtor is
subject to court supervision.
| 11 U.S.C. §1322(a): "The plan shall - (1) provide for the submission of all or such
portion of future earnings or other future income of the debtor to the supervision and control of the trustee
as is necessary for the execution of the plan; (2) provide for the full payment, in deferred cash payments,
of all claims entitled to priority under section 507 of this title, unless the holder of a particular claim agrees
to a different treatment of such claim; and (3) if the plan classifies claims, provide the same treatment
for each claim within a particular class." |
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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