"Florida New Bankruptcy Laws"
The Abuse Prevention Act is now pending before the U.S. Congress. This proposed act will affect all Florida
bankruptcy cases. in particular, restrictions on who may file Chapter 7, increased Chapter 13 payments,
restrictions on judicial authority to accommodate debtors, and new mandatory fines and penalties against debtors
are expected.
| Encouraged by the passage of the Bankruptcy Reform Act of 1994 (Pub. L. No. 103-394, 108
Stat. 4106), commercial creditors increased lobbying efforts for broad-sweeping bankruptcy reform. H.R. 975
- Abuse Prevention and Consumer Protection Act of 2003 passed the House, was placed on the Senate
legislative calendar 3-21-03 for future consideration (Senate Calendar No. 50). Vote blocked by committee in
2003. Re-docketed for 2004. |
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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