Texas Bankruptcy Law (TX)

Trustee duties under Texas law and administrative practices

A Texas bankruptcy trustee is assigned to all cases under Chapter 7 and Chapter 13. The duties of trustees encompass a broad range of rights and duties that are designed primarily to ensure legal compliance for both debtors and creditors. Certainly, the trustee performs in-depth review of all forms and schedules filed by debtors, but also may protect debtors from overreaching from excessive creditor practices, unfounded motions, and frivolous claims. The trustee's recommendation regarding resolution of disputes that arise between debtors and creditors is given great weight by the courts.

Texas bankruptcy lawyers who specialize in consumer cases typically develop relationships with all trustees through frequent contact. In the course of representing hundreds of clients over years of dealing with these trustees, a certain level of confidence is bound to develop. Disputes of law, fact and practice policy may be resolved with only a simple phone call when represented by an attorney who maintains a high level of integrity within this high specialized legal community. During the 341 meeting, the trustee questions debtors under oath and monitors creditors who wish to ask debtors questions. Most of these meeting are conducted without surprise, so that a well prepared attorney representing debtors, with the assistance of the trustee, easily handles all creditor inquires.