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In Ohio bankruptcy cases filed under Chapter 13 of the Code, a plan of reorganization is required that
proposes repayment of all, or part, of total debts owed to creditors. Confirmation of the plan is required based
on the court's assessment of compliance with applicable bankruptcy laws, including turn over of all disposable
income to the trustee.
| 11 U.S.C. §1322(a): "The plan shall - (1) provide for the submission of all or such
portion of future earnings or other future income of the debtor to the supervision and control of the trustee
as is necessary for the execution of the plan; (2) provide for the full payment, in deferred cash payments,
of all claims entitled to priority under section 507 of this title, unless the holder of a particular claim agrees
to a different treatment of such claim; and (3) if the plan classifies claims, provide the same treatment
for each claim within a particular class." |
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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