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Define: Texas Filing Chapter 13
Texas Bankruptcy Law Summaries

"Texas Filing Chapter 13"

All debtors in Texas filing Chapter 13 must qualify based on current income received. Without regular income, the debtor's required plan is destined to fail and court confirmation is highly unlikely. Once the filing fee is paid, petition filed, and Texas bankruptcy case number assigned, all debtors must submit a proposed plan and meet with their creditors under the supervision of a trustee. During a confirmation hearing, debtors frequently testify under oath in response to questions asked by the presiding Judge.

11 U.S.C. §1326 provides, in part, "(a) (1) Unless the court orders otherwise, the debtor shall commence making the payments proposed by a plan within 30 days after the plan is filed. (2) A payment made under this subsection shall be retained by the trustee until confirmation or denial of confirmation of a plan. If a plan is confirmed, the trustee shall distribute any such payment in accordance with the plan as soon as practicable. If a plan is not confirmed, the trustee shall return any such payment to the debtor, after deducting any unpaid claim allowed under section 503(b) of this title."

In Texas, legal definitions are derived from many sources, both federal and state: case law, statutes, rules of procedure, rules of evidence, and local practices. The application of law determines meaning, rather than common usage in ordinary conversations. For instance, a particular phrase used in a significant court decision may become popular, and is understood to include the rationale and requirements contained in the published opinion. For this reason, any debtor who may have questions about legal terminology should contact a qualified attorney for clarification. Most consumer specialists offer free consultations for anyone who is considering filing Chapter 7 or Chapter 13.

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