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"Texas Chapter 7"
The term Texas Chapter 7 refers to liquidation of debts according to 11 U.S.C. 701, et seq.
But in Texas, cases are unique because of state statutes that
incorporated by reference by the federal Code. In addition to Texas
statutes, case law interpretation of statutes and common law
requirements determine liability and procures adopted by the federal
court.
| 11 U.S.C. §727: "The court shall grant the debtor a discharge, unless . . ."
Notice the mandatory language within the statute providing discharge. All requests for discharge must be
granted, based upon the request of a debtor, "unless" the trustee, a creditor, the court upon it's own
motion, or an interested party proves the debtor is not entitled to relief. |
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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