Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
I hope other Experts will have answer. Aren't the collectors in violation of federal bankruptcy discharge and since it is an order of a federal Judge; wouldn't a licensed lawyer not neccessarilly have to be licensed in Texas to see that they comply with the federal discharge? The actual wording of Texas Property Code-Section 52.042: Discharge And Cancellation: (a) A judgment is discharged and any abstract of judgment or judgment lien is canceled and released without furthef action in any court and may not be enforced if: (1) the lien is against real property owned by the debtor before a petition for debtor relief was filed under federal bankruptcy law; and (2) the debt or obligation evidenced by the judgment is discharged in the bankruptcy. This was enacted in September,1997 which was prior to my chapter 13 proceeding.
I am not a lawyer, but have informed them that I believe they are violating the discharge. There response is that they cannot force collection of the debt but can take the property and will take the property because of the judgment lien. What can I do to prevent that from happening, since they totally ignore that they are in contempt of federal court by violating the chapter 13 discharge order and Since the discharge of debt is by a federal judge, and the lien would be canceled by the same discharge in texas because of the Texas property code section 52.042. Thanks for any help,
They are not dishonoring the Bankruptcy discharge - which does not remove any liens unless a lien avoidance proceeding is filed while the Bankruptcy is in progress.
They are not honoring the Texas statute.
For clarification, I explained that the Texas Taxing Authority is not dishonoring the Bankrutpcy Code, they are dishonoring the Texas Statute. There is nothing similar to the Texas Statute in the Bankruptcy Code.
There is a major difference between the 2 separate and distinct sources of law - Bankruptcy Code and Texas Statute.
I did not give an incorrect response.