"Florida Filing Chapter 11"
Each debtor filing Florida bankruptcy under Chapter 11 is authorized to proceed as a debtor in possession. As a
term of legal art, a debtor in possession assumes the rights and responsibilities traditionally associated with
a trustee in consumer cases. All debtors filing Chapter 11 must be prepared to satisfy an extensive array of
duties within court established deadlines.
| 11 U.S.C. §1121 provides, in part,: "(a) The debtor may file a plan with a petition commencing a voluntary
case, or at any time in a voluntary case or an involuntary case. (b) Except as otherwise provided in this
section, only the debtor may file a plan until after 120 days after the date of the order for relief under
this chapter." |
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.
|
|
