"Florida Bankruptcy Advice"
Judges, clerks, and court personnel are prohibited to offer legal opinions to any interested party, whether
debtor, creditor, secured party, or attorneys. Lay persons who are not licensed by the state bar are also
prohibited to practice law, and may be subject to prosecution for barratry.
| Be aware that filing bankruptcy is a legal proceeding which affects the rights of debtors,
creditors and other parties in interest. 28 U.S.C. §955 prohibits a clerk's office and staff to offer
information to parties involved which may be characterized as legal advice. |
The Florida Bankruptcy Court for the Southern District issued Administrative Order No. 04-6
on March 31, 2004. This order pertains to proposed amendments to local rules. In particular, this order requires
an en banc hearing (all judges present) to consider public comments. anyone who wishes to have personal comments
considered by the court must submit proposals in writing. Anyone wishing to address the court must file a
request for appearance. The Florida Bankruptcy Court for the Middle District amended Local Rule 5005-1 on
September 15, 2003. This amendment states” The Court shall permit documents and papers to be filed, signed, or
verified by electronic means that are consistent with technical standards, if any, that the Judicial Conference
of the United States establishes.” Soon, all courts will require electronic submission.
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