"Florida Chapter 12"
A unique provisions of the Code limited in application to family farmers. To be a qualified family farmer,
the majority of income earned must be earned from farm operations. As a rural business operation, the homestead exemption is
also available according to general Florida bankruptcy laws.
| 11 U.S.C. §1203: "Rights and powers of debtor. Subject to such limitations as the court
may prescribe, a debtor in possession shall have all the rights, other than the right to compensation under
section 330, and powers, and shall perform all the functions and duties, except the duties specified in paragraphs
(3) and (4) of section 1106(a), of a trustee serving in a case under chapter 11, including operating the
debtor's farm" |
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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