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The role of the trustee in Ohio bankruptcy cases filed under Chapter 7 is as an administrator. A trustee
reviews a cases for compliance with filing requirements, disclosures, valuations, exemptions and property
forfeiture. Trustees also may file motions to object, including opposition to discharge. The presumption is in
favor of discharge.
| 11 U.S.C. §725: "After the commencement of a case under this chapter [7-liquidation], but before final
distribution of property of the estate under section 726 of this title, the trustee, after notice
and a hearing, shall dispose of any property in which an entity other than the estate has an interest, such
as a lien, and that has not been disposed of under another section of this title" |
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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