Judge Texas Opinion Recusal

After reform (Abuse Prevention Act of 2005), Federal Judges lost discretion in many new circumstances. The largest incursion into judicial power seems to be the mandatory enforcement of contempt based solely upon a creditors request, unless, after notice and hearing, the debtor refutes all allegations based upon admissible evidence. The shift in burden of proof could prove costly, or impossible to sustain, based merely on the cost of litigation which is now imposed upon debtors in bankruptcy.

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.

Judges - Texas - Opinion - Recusal - A casual interest is not enough. Recusal must be based upon actual conflict of interest.

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