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"Texas Chapter 7 Laws"
All Texas bankruptcy cases are filed under in federal court. However, the Code
liberally incorporates state statutes, rules and common law for property
exemption, determination of liability, permissible collection options
for creditors, fair debt foreclosure processes, and liability for breech
of contract, negligence, torts and
criminal matters. Texas Chapter 7 laws may change in lock step with
amendments to both state and federal laws.
| 11 U.S.C. §701, et seq. provides for unique statutory provisions which apply only to
Chapter 7. Many other provisions of Title 11 also apply to all cases filed in federal court. The Federal
Rules of Bk. Procedure and provisions of the Uniform Local Rules of Bk. Procedure are incorporated by
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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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