"Florida Bankruptcy Schedules"
In all Florida bankruptcy cases under Chapters 7 and 13, debtors must provide the court with required
disclosures including all assets, liabilities, and creditors. In addition, many other financial disclosures are
required. The compiled set of disclosures comprise multiple schedules of items according to classifications used
by the court. Stated similarly, schedules are lists of items requested by the court in a format required by law.
All Florida bankruptcy courts require conformity with the Federal Rules of Bk. Procedure which incorporate local
rules in all Florida bankruptcy proceedings.
| 11 U.S.C. §110(h): (1) Within 10 days after the date of the filing of a petition, a bankruptcy petition
preparer shall file a declaration under penalty of perjury disclosing any fee received from or on behalf
of the debtor within 12 months immediately prior to the filing of the case, and any unpaid fee charged to
the debtor. (2) The court shall disallow and order the immediate turnover to the bankruptcy trustee
of any fee referred to in paragraph (1) found to be in excess of the value of services rendered for the
documents prepared. An individual debtor may exempt any funds so recovered under section 522(b).(3) The debtor,
the trustee, a creditor, or the United States trustee may file a motion for an order under paragraph (2).(4) A
bankruptcy petition preparer shall be fined not more than $500 for each failure to comply with a court order
to turn over funds within 30 days of service of such order." |
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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