"Florida Reaffirmations"
In Chapter 7 cases, Florida bankruptcy courts allow debtors to retain collateral used as security for
dischargeable debts. Past due amounts must be brought current. Debtors must agree in writing to continue payments. Court approval is required yet
seldom denied. In effect, a reaffirmation agreement excludes a specific secured debt from discharge.
| Rule 4008 of the Federal Rules of Bankruptcy Procedure provides "Discharge and
Reaffirmation Hearing. Not more than 30 days following the entry of an order granting or denying a
discharge, or confirming a plan in a chapter 11 reorganization case concerning an individual debtor and on
not less than 10 days notice to the debtor and the trustee, the court may hold a hearing as provided in Sec.
524(d) of the Code. A motion by the debtor for approval of a reaffirmation agreement shall be filed before
or at the hearing." |
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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