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Texas Bankruptcy Laws - Alimony & Child Support
Property Code § 42.005. CHILD SUPPORT LIENS. Sections 42.001, 42.002, and 42.0021 of this code do not apply to a child support
lien established under Subchapter G, Chapter 157, Family Code. Family Code § 157.311. (5) "Lien" means a child support lien issued in this or another state
for purposes of Texas bankruptcy courts. Family Code § 157.312. GENERAL PROVISIONS. (a) Claimants may enforce child support by a lien as provided in this subchapter.
(b) The remedies provided by this subchapter do not affect the availability of other remedies provided by law.
(c) The lien is in addition to any other lien provided by law. (d) A child support lien arises by operation of law against
real and personal property of an obligor for all amounts of child support due and owing, including any accrued interest, regardless
of whether the amounts have been adjudicated or otherwise determined, subject to the requirements of this subchapter for
perfection of the lien. (e) A child support lien arising in another state may be enforced in the same manner and to
the same extent as a lien arising in this state.
Application of Texas Bankruptcy Laws Under the Code:
According to 11 U.S.C. 522(l) while a Texas bankruptcy proceeding is pending, "The debtor shall file a list of property that the debtor claims as exempt
under subsection (b) of this section. If the debtor does not file such a list, a dependent of the debtor may
file such a list, or may claim property as exempt from property of the estate on behalf of the debtor. Unless a
party in interest objects, the property claimed as exempt on such list is exempt." The trustee, creditors, an
interested party, or the Texas bankruptcy court upon it's own motion, may file an objection to exemptions designated within a
debtor's schedule. Denial requires notice to debtors and hearing."
Because of the unlimited homestead exemption, Texas bankruptcy laws are unique within all states. Be aware however, effective as of October 17, 2008, federal preemption limits the availability of exempt value in Chapter 7 and 13. The effect of preemption is to replace existing Texas statutes with the federal statute which provides less protection for debtors.
Back to Texas Bankruptcy Law summaries.
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