"Ohio Chapter 11 Trustee"
In most Ohio bankruptcy cases, a Chapter 11 trustee is not appointed. The debtor retains possession of all
assets and is permitted to continue business operations. However, based upon an objection filed by a creditor,
or upon the courts own motion, a trustee may be appointed. Generally, the appointment of a trustee in Ohio
bankruptcy cases under Chapter 11 is based upon
a debtor's failure to comply with statutory requirements. Ohio bankruptcy trustees tend to specialize by chapter of
expertise.
| 11 U.S.C. §1104(a): "At any time after the commencement of the case but before confirmation
of a plan, on request of a party in interest or the United States trustee, and after notice and a hearing, the court
shall order the appointment of a trustee - (1) for cause, including fraud, dishonesty, incompetence, or gross
mismanagement of the affairs of the debtor by current management, either before or after the commencement of the
case, or similar cause, but not including the number of holders of securities of the debtor or the amount of assets
or liabilities of the debtor; or (2) if such appointment is in the interests of creditors, any equity security holders,
and other interests of the estate, without regard to the number of holders of securities of the debtor or
the amount of assets or liabilities of the debtor." |
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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