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Texas Bankruptcy Laws - Fraudulent Conversion
11 U.S.C Sec. 523 provides, in part, (a) discharge under section 727, 1141, 1228(a), 1228(b), or 1328(b) of
this title does not discharge an individual debtor from any debt . . . (2) for money, property, services, or an
extension, renewal, or refinancing of credit, to the extent obtained by - (A) false pretenses, a false
representation, or actual fraud, other than a statement respecting the debtor's or an insider's financial
condition; (B) use of a statement in writing - (i) that is materially false; (ii) respecting the debtor's or an
insider's financial condition; (iii) on which the creditor to whom the debtor is liable for such money,
property, services, or credit reasonably relied; and (iv) that the debtor caused to be made or published with
intent to deceive; or . . . luxury goods.
Operation of Texas bankruptcy laws
In practice, the debtor will also notice of liquidation of assets forfeited through Texas bankruptcy. This
limited protection offers an opportunity for debtors to solicit bona fide buyers at auction. Typically,
levy-auctions obtain far less than the fair market value while debtors remain liable for deficiencies.
Bankruptcy Exemptions Footnotes regarding state bankruptcy laws of Texas and bankruptcy attorneys
in Texas:
- Property exemptions are provided by state bankruptcy laws. Texas bankruptcy questions, Texas
bankruptcy information, and Texas bankruptcy listings can be obtained from federal divisional court clerks.
For detailed bankruptcy listings, Texas statistics are also reported by the DOJ.
- Chapter 7 attorneys Texas are limited to federal fee guidelines. Texas Chapter 7 attorneys fees
begin at approximately $800.
- Chapter 11 attorneys Texas are not limited to fee guidelines. Texas Chapter 11 attorneys usually
charge $250 per hour, or more.
- Chapter 13 attorneys Texas are limited to federal fee guidelines. Texas Chapter 13 attorneys fees
start at approximately $900.
- Bankruptcy in the state of Texas requires federal licensure for bankruptcy attorneys. Texas
bankruptcy lawyers who regularly practice before Texas bankruptcy courts, must obtain federal this license in addition to
the state license to practice law.
For a listing of bankruptcy attorneys in Texas, local bar associations provide free lists.
- Federal clerks may not offer legal advice in response to bankruptcy questions. Texas bankruptcy help
may be available through local bar associations.
- For a free source of bankruptcy help, Texas bar associations provide information regarding legal aid.
- For additional bankruptcy information, Texas bankruptcy attorneys often offer free initial
consultations.
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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