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"Texas Bankruptcy Dismissal"
In all cases, Texas bankruptcy dismissals are common. Most of these
dismissals are without prejudice to re-filing. Upon receipt of a notice
of intent to dismiss, many errors may be corrected and dismissal
avoided. If a case is dismissed, debtors must however wait 180 days
before re-filing. In practice, dismissals are avoidable by careful
planning of Chapter filing date, and proper disclosures within
schedules.
| 11 U.S.C. §349(a): "Unless the court, for cause, orders otherwise,
the dismissal of a case under this title does not bar the discharge, in a later case under this title, of
debts that were dischargeable in the case dismissed; nor does the dismissal of a case under this title
prejudice the debtor with regard to the filing of a subsequent petition under this title, except as provided
in section 109(g) 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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