"Florida Bankruptcy Trustee"
In Florida bankruptcy cases filed under Chapters 7 and 13, a trustee is appointed by the court to review legal compliance
for all documents filed by debtors, recommend the disposition of the case, and file a final accounting.
Trustees serve the U.S. Department of Justice, though the U.S. Trustee's Office, and are generally local
attorneys acting as Assistant US Trustees for Florida bankruptcy proceedings. Trustees represent the interest of the
DOJ & U.S. Trustee.
| 11 U.S.C. §307: "The United States trustee may raise and may
appear and be heard on any issue in any case or proceeding under this title but may not file a plan pursuant
to section 1121(c) of this title"
11 U.S.C. §323: "(a) The trustee in a case under this title is the representative of the estate. (b) The
trustee in a case under this title has capacity to sue and be sued"
11 U.S.C. §330(a): "(1) After notice to the parties in interest and the United States Trustee and a
hearing, and subject to sections 326, 328, and 329, the court may award to a trustee, an examiner, a
professional person employed under section 327 or 1103 - (A) reasonable compensation for actual, necessary
services rendered by the trustee, examiner, professional person, or attorney and by any paraprofessional person
employed by any such person; and (B) reimbursement for actual, necessary expenses." |
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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