"Florida Chapter 13 Plan"
In Florida bankruptcy cases filed under Chapter 13 of the Code, a plan of reorganization is required that
proposes repayment of all, or part, of total debts owed to creditors. Confirmation of the plan is required based
on the court's assessment of compliance with applicable bankruptcy laws, including turn over of all disposable
income to the trustee.
| 11 U.S.C. §1322(a): "The plan shall - (1) provide for the submission of all or such
portion of future earnings or other future income of the debtor to the supervision and control of the trustee
as is necessary for the execution of the plan; (2) provide for the full payment, in deferred cash payments,
of all claims entitled to priority under section 507 of this title, unless the holder of a particular claim agrees
to a different treatment of such claim; and (3) if the plan classifies claims, provide the same treatment
for each claim within a particular class." |
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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