"Florida Bankruptcy Meeting of the Creditors"
Trustees are assigned multiple roles in Florida bankruptcy cases under Chapter 7 & Chapter 13. During the meeting of the creditors,
trustees examine debtors and their schedules for compliance with all statutes and laws. Also, and equally
important, trustees protect debtors from unfounded allegations and abuse from creditors who may choose to attend
this public meeting. Unprofessional conduct will not be tolerated from any party.
| 11 U.S.C. §341(d): "Prior to the conclusion of the meeting of creditors or equity security
holders, the trustee shall orally examine the debtor to ensure that the debtor in a case under chapter
of this title is aware of - (1) the potential consequences of seeking a discharge in bankruptcy, including the
effects on credit history; (2) the debtor's ability to file a petition under a different chapter of this title;
(3) the effect of receiving a discharge of debts under this title; and (4) the effect of reaffirming a debt,
including the debtor's knowledge of the provisions of section 524(d) 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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