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"Ohio Chapter 11"
Reorganization of debts according to 11 U.S.C. 1101, et seq., through the federal court system. All Ohio
bankruptcy proceedings under chapter
11 must be filed in federal court, and generally, do not require a trustee to administer the estate. The
majority of all Ohio bankruptcy cases filed under Chapter 11 are administered by the debtor-in-possession.
| 11 U.S.C. §1107: "(a) Subject to any limitations on a trustee serving in a case under this
chapter, and to such limitations or conditions as the court prescribes, a debtor in possession shall have all the
rights, other than the right to compensation under section 330 of this title, and powers, and shall perform all
the functions and duties, except the duties specified in sections 1106(a)(2), (3), and (4) of this title, of a
trustee serving in a case under this chapter. (b) Notwithstanding section 327(a) of this title, a person is not
disqualified for employment under section 327 of this title by a debtor in possession solely because of such
person's employment by or representation of the debtor before the commencement of the case" |
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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