"Florida Chapter 13 Laws"
All Florida bankruptcy cases under Chapter 13 must be filed in federal court. The Code incorporates state statutes for property
exemption options, permissible collection and foreclosure proceeds, and liability for contracts, torts and
criminal matters. All Chapter 13 cases must provide creditors with repayment equal to or greater than would be
available for distribution under Chapter 7.
| 11 U.S.C. §1301, et seq. provides for unique statutory provisions which apply only to
Chapter 13. Many other provisions of Title 11 also apply to all cases filed in federal court. |
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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