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"Florida Chapter 7 Laws"

All Florida bankruptcy cases are filed under authority of federal law. However, the Code incorporates state statutes for property exemption options, permissible collection and foreclosure proceeds, and liability for contracts, torts and criminal matters.

11 U.S.C. §701, et seq. provides for unique statutory provisions which apply only to Chapter 7. Many other provisions of Title 11 also apply to all cases filed in federal court. The Federal Rules of Bk. Procedure and provisions of the Uniform Local Rules of Bk. Procedure are incorporated by reference.

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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