"Florida Bankruptcy Forms"
Each court provides official Florida bankruptcy forms and official instructions. These documents are required
in substantially the same format as distributed by the court. Be aware court instructions are not a substitute
for legal advice, and that an expansive or restrictive interpretation of defined terms impacts the effect of
filing each Florida bankruptcy proceeding. Contingent, unliquidated, and contractual liability are particularly vulnerable to subjective
interpretation.
| Uniform Local Bankruptcy Rule 3 provides, in part, "(a) Duties Prior to Filing Petition and
Schedules. Prior to filing the petition and schedules, the attorney for the debtor shall personally review
them to determine and insure that: (1) The correct form has been used; (2) The petition has been completed
and is accurate; (3) All state and federal exemptions available have been properly claimed with the correct
statutory citations; (4) All of the debtor's assets and property have been accurately identified; (5) All
lien creditors, their security interests and the collateral have been accurately described; (6) The debtor
and the debtor's attorney have signed the petition at all appropriate places; and (7) A notice of
alternative chapters under which an individual debtor(s) may proceed, has been properly executed by the
debtor(s). It is to be filed with the bankruptcy petition in all individual cases. The official local form
may be obtained from the clerk. (8) A schedule of current income and current expenditures has been included
in the petition and schedules. 11 U.S.C. 521(1). This rule applies in all Florida bankruptcy cases. |
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.
Back to Florida Bankruptcy words & phrases.
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