"Florida Filing Chapter 13"
Once the fee is paid and case number assigned in a Florida bankruptcy case, deadlines for submitting a proposed
plan and meeting with the creditors begin counting downward. Debtors must prove their ability to make plan
payments from disposable income, after living allowances, for the duration of the plan.
| 11 U.S.C. §1326 provides, in part, "(a) (1) Unless the court orders otherwise, the debtor
shall commence making the payments proposed by a plan within 30 days after the plan is filed. (2) A payment
made under this subsection shall be retained by the trustee until confirmation or denial of confirmation of
a plan. If a plan is confirmed, the trustee shall distribute any such payment in accordance with the plan as
soon as practicable. If a plan is not confirmed, the trustee shall return any such payment to the debtor,
after deducting any unpaid claim allowed under section 503(b) 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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