Texas Bankruptcy Laws - Legal Assistance

The laws of the State of Texas have undergone broad sweeping reform since the mid 90's. New Legislative Codes now regulate residents in a manner which is more consistent with national uniform acts which have been adopted by most states. In particular, "Abuse Prevention Acts" significantly reduce debtor rights, options and benefits as compared to earlier editions of the Code.

Operation of Texas bankruptcy laws

In practice, the best time to oppose forfeiture or levy is before a motion to lift stay is filed with the Texas bankruptcy court. Once the stay is lifted, state law provides a lesser standard for protection of a debtor's interest. For additional information consider one of the most complete sources of information for Texas bankruptcy law, which is available without charge: Texas State Bar Association.

• If you have legal questions, consult qualified bankruptcy attorneys. TX bankruptcy law is unique relying on state statues pertaining to homestead, property ownership, collection & foreclosure procedures.
• Qualified TX bankruptcy lawyers should be familiar with exemptions set forth in state statutes applicable to bankruptcy Chapter 7, TX bankruptcy courts, local rules, and court decisions.
• TX Chapter 7 bankruptcy law limits the value of assets that may be retained.
• Dischargablity in Chapter 7 is determined by federal statutes and TX bankruptcy attorneys must be licensed in federal court to represent clients on a regular basis.
• TX Chapter 13 bankruptcy laws may apply when seeking confirmation of a partial plan. Full plans are also available under bankruptcy Chapter 13. TX bankruptcy courts routinely confirm both types of plans.
• Creditors are typically represented by bankruptcy lawyers. TX nevertheless allow debtors to represent themselves dealing with creditors, their lawyers, and the courts. Although pro se debtors do not have legal counsel, they must nevertheless comply with all provisions of Texas bankruptcy law.

Regarding Houston bankruptcy lawyers:

• When selecting bankruptcy attorneys, Houston bankruptcy attorneys may be located by calling your county bar association for referrals.
• All Houston bankruptcy lawyers are subject to fee guidelines as determined by the Houston bankruptcy court and Texas bankruptcy law.
• When paying a fee for bankruptcy, Houston lawyers are allowed similar rate guidelines as used by the court in other major metropolitan areas paid to lawyers.
• Houston bankruptcy lawyers also use similar forms, but local courts may require supplemental local forms to comply with local rules and Texas bankruptcy law.
• All bankruptcy lawyers, Detroit, are required to disclose fees charged in accordance with federal and Texas bankruptcy law.

Because of the unlimited homestead exemption, Texas bankruptcy laws are unique within all states. Be aware however, effective as of October 17, 2005, 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.