"Ohio Bankruptcy Trustee"
In Ohio bankruptcy cases filed under Chapters 7 and 13, a trustee is appointed by the court to review legal compliance
for all documents filed by debtors, recommend the disposition of the case, and file a final accounting.
Trustees serve the U.S. Department of Justice, though the U.S. Trustee's Office, and are generally local
attorneys acting as Assistant US Trustees for Ohio bankruptcy proceedings. Trustees represent the interest of the
DOJ & U.S. Trustee.
| 11 U.S.C. §307: "The United States trustee may raise and may
appear and be heard on any issue in any case or proceeding under this title but may not file a plan pursuant
to section 1121(c) of this title"
11 U.S.C. §323: "(a) The trustee in a case under this title is the representative of the estate. (b) The
trustee in a case under this title has capacity to sue and be sued"
11 U.S.C. §330(a): "(1) After notice to the parties in interest and the United States Trustee and a
hearing, and subject to sections 326, 328, and 329, the court may award to a trustee, an examiner, a
professional person employed under section 327 or 1103 - (A) reasonable compensation for actual, necessary
services rendered by the trustee, examiner, professional person, or attorney and by any paraprofessional person
employed by any such person; and (B) reimbursement for actual, necessary expenses." |
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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