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Define: Texas Chapter 13 Trustee

Texas Bankruptcy Law Summaries

"Texas Chapter 13 Trustee"

All Chapter 13 plans require the appointment of a representative of the U.S. Government to review legal compliance. The trustee reviews all cases, conducts a 341 meeting of the creditors, and offers an recommendation to the court regarding confirmation. Without the trustee's recommendation, few plans are confirmed.

11 U.S.C. §1302(a): "If the United States trustee appoints an individual under section 586(b) of title 28 to serve as standing trustee in cases under this chapter and if such individual qualifies under section 322 of this title, then such individual shall serve as trustee in the case. Otherwise, the United States trustee shall appoint one disinterested person to serve as trustee in the case or the United States trustee may serve as a trustee in the case."

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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