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Texas Eviction Laws
As a generic term, Texas eviction laws require court approval to
remove a tenant from rental property or property subject to a valid
lien, in the event of nonpayment of rent or debt. In addition to
removing persons, their property may also be removed. The proper term
under Texas law for these types of court actions is commonly referred to
as an F.E.D. action which is an acronym for the legal designation of
"Forcible Entry and Detainer" lawsuits. The suits may be filed in JP
Court a.k.a. Justice of the Peace Court, and all Texas landlords must
provide occupants written notice before filing a petition.
In bankruptcy practice - Texas eviction laws
In every instance when a case is filed under the Bankruptcy Code, Section 362
creates an automatic stay of all legal collection
efforts. Included within the application of Section 362, eviction of
persons, property and things must stop, regardless of actual notice of
filing. The automatic stay acts as an injunction which enjoins all Texas
courts from further action, unless and until, permission is specifically
granted by the Bankruptcy Court to resume.
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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