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In all Ohio bankruptcy cases under Chapters 7 and 13, debtors must provide the court with required
disclosures including all assets, liabilities, and creditors. In addition, many other financial disclosures are
required. The compiled set of disclosures comprise multiple schedules of items according to classifications used
by the court. Stated similarly, schedules are lists of items requested by the court in a format required by law.
All Ohio bankruptcy courts require conformity with the Federal Rules of Bk. Procedure which incorporate local
rules in all Ohio bankruptcy proceedings.
| 11 U.S.C. §110(h): (1) Within 10 days after the date of the filing of a petition, a bankruptcy petition
preparer shall file a declaration under penalty of perjury disclosing any fee received from or on behalf
of the debtor within 12 months immediately prior to the filing of the case, and any unpaid fee charged to
the debtor. (2) The court shall disallow and order the immediate turnover to the bankruptcy trustee
of any fee referred to in paragraph (1) found to be in excess of the value of services rendered for the
documents prepared. An individual debtor may exempt any funds so recovered under section 522(b).(3) The debtor,
the trustee, a creditor, or the United States trustee may file a motion for an order under paragraph (2).(4) A
bankruptcy petition preparer shall be fined not more than $500 for each failure to comply with a court order
to turn over funds within 30 days of service of such order." |
Most Courts across the county, including Ohio bankruptcy Courts, require all cases to be filed
electronically. Electronic filing includes online submission and filing by diskette at the clerk's office. On
03-15-04 the Ohio Bankruptcy Court for the Northern District issued the following order: "Notice to Attorneys
Concerning Paper Filings: Any Attorney wishing to file a new petition or other document on paper, under
circumstances that are not governed by one of the exceptions to mandatory electronic case filing set forth in
Amended General Order 03-1, shall initially file a motion for leave to file on paper. The motion, which may be
filed via the mail or over the counter, shall be accompanied by an affidavit and proposed order. The affidavit
shall set forth the specific reasons that the filing cannot be made electronically."
Back to Ohio Bankruptcy Court words & phrases table.
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