|
What is a Texas Attorney in Fact?
In the most basic sense, a Texas Attorney in Fact is a person
designated by a power of attorney to represent another. The extent
and limitations of representation as an attorney in fact are determined
by the power of attorney form used, subject to general legal
restrictions regarding unlawful activity and actions prohibited as a
matter of public policy (i.e. directives to doctors, arranged marriage
commitments, etc.).
In bankruptcy practice - Texas Attorney in Fact standing
In Texas Bankruptcy Courts, cases under Chapter 7 and Chapter 13 may
be filed by a legal guardian for a person who becomes legally
incompetent. This authority may be derived from a power of attorney, but
most often, incompetence (a.k.a. - NCM - non compis mentis) is
determined person by a Texas Family Court judge.
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.
|
