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All Ohio bankruptcy cases under Chapter 13 must be filed in federal court. The Code incorporates state statutes for property
exemption options, permissible collection and foreclosure proceeds, and liability for contracts, torts and
criminal matters. All Chapter 13 cases must provide creditors with repayment equal to or greater than would be
available for distribution under Chapter 7.
| 11 U.S.C. §1301, et seq. provides for unique statutory provisions which apply only to
Chapter 13. Many other provisions of Title 11 also apply to all cases filed in federal court. |
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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