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"Florida Chapter 11 Filings"

The majority of debtors filing Florida Chapter 11 cases are business, however, individuals may also file for reorganization under this chapter. The total cost of filing Florida bankruptcy reorganization is significantly higher than wage earners plans and liquidation, and in turn, offers significantly greater options. Of all Florida bankruptcy cases filed, Chapter 11 cases generally represent about one percent of total case volume.

11 U.S.C. §1102(a) provides, in part, "(1) Except as provided in paragraph (3), as soon as practicable after the order for relief under chapter 11 of this title, the United States trustee shall appoint a committee of creditors holding unsecured claims and may appoint additional committees of creditors or of equity security holders as the United States trustee deems appropriate. (2) On request of a party in interest, the court may order the appointment of additional committees of creditors or of equity security holders if necessary to assure adequate representation of creditors or of equity security holders. The United States trustee shall appoint any such committee."

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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