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Define: Texas Reaffirming Debts
Texas Bankruptcy Law Summaries

"Texas Reaffirming Debts"

in Texas, reaffirming debt in Chapter 7 is an option, but not an absolute right. The act of reaffirming debts requires creditor agreement and court approval in all cases. If agreed, a specific agreement must be prepared in writing and presented to the court. Courts either accept or deny debtor in Texas reaffirming debts during an oral hearing. In practice, these hearings are routine and rarely contested.

11 U.S.C. §521(2)(a) provides "within thirty days after the date of the filing of a petition under chapter 7 of this title or on or before the date of the meeting of creditors, whichever is earlier, or within such additional time as the court, for cause, within such period fixes, the debtor shall file with the clerk a statement of his intention with respect to the retention or surrender of such property and, if applicable, specifying that such property is claimed as exempt, that the debtor intends to redeem such property, or that the debtor intends to reaffirm debts secured by such property."

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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