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"Texas Convert Chapter 13"
As a condition for conversion of a Chapter 13 case to Chapter 7,
debtors must qualify for Chapter 7 upon the same conditions as if filing
for the first time. Many debtors in Texas convert Chapter 13 cases to
Chapter 7 once past due mortgage payments are brought current and
priority debts are paid in full. At this point, because the damage of
filing has occurred, further payments to unsecured debtors do little to
help debtors who struggle under court supervision.
| 11 U.S.C. §348(f)(2): "If the debtor converts a case under chapter 13 of this title to a case under
another chapter under this title in bad faith, the property in the converted case shall consist of the
property of the estate as of the date of conversion" |
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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