"Florida Chapter 7 Trustee"
The role of the trustee in Florida bankruptcy cases filed under Chapter 7 is as an administrator. A trustee
reviews a cases for compliance with filing requirements, disclosures, valuations, exemptions and property
forfeiture. Trustees also may file motions to object, including opposition to discharge. The presumption is in
favor of discharge.
| 11 U.S.C. §725: "After the commencement of a case under this chapter [7-liquidation], but before final
distribution of property of the estate under section 726 of this title, the trustee, after notice
and a hearing, shall dispose of any property in which an entity other than the estate has an interest, such
as a lien, and that has not been disposed of under another section of this title" |
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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