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Before an Ohio bankruptcy plan of reorganization becomes effective, the court must approve, or "confirm" the
plan after notice and hearing. Absent confirmation, cases are either dismissed or converted to Chapter 7.
| 11 U.S.C. §1325(a) provides, in part, "Except as provided in subsection (b), the court
shall confirm a plan if - (1) The plan complies with the provisions of this chapter and with the other
applicable provisions of this title; (2) any fee, charge, or amount required under chapter 123 of title 28,
or by the plan, to be paid before confirmation, has been paid; (3) the plan has been proposed in good faith
and not by any means forbidden by law; (4) the value, as of the effective date of the plan, of property to
be distributed under the plan on account of each allowed unsecured claim is not less than the amount that
would be paid on such claim if the estate of the debtor were liquidated under chapter 7 of this title on
such date." A majority of the secured creditors in an Ohio bankruptcy proceeding under Chapter 13 must
also approve the plan. |
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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