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Texas Noncompete Agreements
The basis of liability for Texas Noncompete Agreements lies in
contract. As a contractual obligation, liability for breech may be
discharged in both Chapter 7 and Chapter 13. Because Texas noncompete
agreements rarely require collateral, as security, most breeches are
considered a general unsecured claim and receive lowest priority for
distribution of assets, if any.
Reporting Texas Noncompete Agreements to the Court
Individual debtors must report all liabilities to the bankruptcy
court and provide notice of filing to all creditors. Any person who may
potentially assert a breach of contract claim is considered a creditor
und the Bankruptcy Code, and therefore should be included within the
list of creditors and claims as a contingent claim. Discharge will not
be effective against any creditors who does not receive actual notice
(from the official "list of creditors"), or whose claim is not
specifically identified within the debtors schedules.
The availability of Texas court records online remains in it's infant stage of development. Counties containing the largest cities frequently provide internet access to public records. Many smaller and/or rural counties do not maintain websites and court records, real estate records, deeds, liens and conveyances must be obtained either in person at the County Clerk's Office or by mail. In all counties, certification of records requires the payment of an additional fee, yet may be required as a condition of admissibility in Texas Bankruptcy Courts. Alternatively, records may be offered as evidence in Texas Bankruptcy Courts by stipulation upon the agreement of all parties in interest.
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