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"Texas Bankruptcy Meeting of the Creditors"
All debtors must testify in Texas bankruptcy. Meetings of the
Creditors are the first opportunity for debtors to meet the trustee and
discuss their cases. During the meeting of the creditors,
trustees orally examine debtors under oath for legal compliance. Also, trustees
act as referees who protect debtors from abusive creditors who may
attempt to intimidate, harass, or defame debtors for asserting their
legal right to discharge or restructure debts.
| 11 U.S.C. §341(d): "Prior to the conclusion of the meeting of creditors or equity security
holders, the trustee shall orally examine the debtor to ensure that the debtor in a case under chapter
of this title is aware of - (1) the potential consequences of seeking a discharge in bankruptcy, including the
effects on credit history; (2) the debtor's ability to file a petition under a different chapter of this title;
(3) the effect of receiving a discharge of debts under this title; and (4) the effect of reaffirming a debt,
including the debtor's knowledge of the provisions of section 524(d) 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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