"Florida Reaffirming Debts"
The act of reaffirming debts requires court approval in all Florida bankruptcy proceedings. Both the documents required to evidence a reaffirmation
of debt, and the hearing conducted by the court, inform the debtor that payment of the debt will be mandatory.
Discharge does not eliminate reaffirmed debts. Creditors obtaining a reaffirmation in a Florida bankruptcy
proceeding may file suit in state courts for collection in the
event of nonpayment, despite a general Chapter 7 discharge.
| 11 U.S.C. §521(2)(a) provides "within thirty days after the date of the filing of a
petition under chapter 7 of this title or on or before the date of the meeting of creditors, whichever is
earlier, or within such additional time as the court, for cause, within such period fixes, the debtor shall
file with the clerk a statement of his intention with respect to the retention or surrender of such property
and, if applicable, specifying that such property is claimed as exempt, that the debtor intends to redeem
such property, or that the debtor intends to reaffirm debts secured by such property." |
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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