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Speedy Trial Act Violation Texas
Article I, § 10, of the Texas Constitution provides that, in all
criminal prosecutions, the accused shall have a speedy trial. If any
violation of the bundle of rights comprising the necessity of a speedy
trial is established in court, the correct remedy is dismissal of
prosecution with prejudice toward refilling. Strunk v. United States,
412 US 434, 440 (Sup. Ct. 1973); Hull v. State, 699 SW2d 220, 224 (Tex.
Crim. App. 1985).
In bankruptcy practice - speedy trial act violation in Texas
Under the Bankruptcy Code, discharge may be denied for any debt
created in furtherance of a criminal act. Consequently, judicial
determination of criminal intent in Bankruptcy Court expressly creates
criminal liability for repayment. Should any debtor believe potential
criminal liability may attach to any Chapter 7 or Chapter 13 proceeding,
highly qualified legal representation is essential.
The Secretary of State for the State of Texas provides corporate information via telephone. This information includes the name, address and contact information for the corporate representative, as well as the date of original incorporation and whether the entity remains active. All bankruptcy cases require a list of creditors, and if the address included within the list of creditors is incorrect, and notice of filing is not delivered, subsequent actions taken by the Bankruptcy Court are ineffective against that creditor. Failure to provide notice is one of the damaging and easily preventable errors made by debtors.
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