"Ohio Chapter 12"
A unique provisions of the Code limited in application to family farmers. To be a qualified family farmer,
the majority of income earned must be earned from farm operations. As a rural business operation, the homestead exemption is
also available according to general Ohio bankruptcy laws.
| 11 U.S.C. §1203: "Rights and powers of debtor. Subject to such limitations as the court
may prescribe, a debtor in possession shall have all the rights, other than the right to compensation under
section 330, and powers, and shall perform all the functions and duties, except the duties specified in paragraphs
(3) and (4) of section 1106(a), of a trustee serving in a case under chapter 11, including operating the
debtor's farm" |
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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