|
"Texas Convert Chapter 7"
Debtors in Texas convert Chapter 7 cases to Chapter 13 if mortgage
payments fall in arrears. Debtors in Texas convert Chapter 13 cases to
Chapter 7 once mortgage payments are current and only general unsecured
debts remain. In either case, court permission is required for
conversion. Qualification for each new chapter selected remains the same
as if filing for the first time.
| 11 U.S.C. §706(a0 provides, in part, "The debtor may convert a case under this chapter to a
case under chapter 11, 12, or 13 of this title at any time, if the case has not been converted under section
1112, 1208, or 1307 of this title. Any waiver of the right to convert a case under this subsection is
unenforceable." |
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.
Back to Texas Bankruptcy Courts directory and content.
|
