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In the past, many debtors in Ohio bankruptcy filed Chapter 13 when past due on home their mortgages. In a chapter
7 case, payments must be brought current to retain possession. In a Chapter 13 case, once mortgage payments are
brought current through trustee payments (based upon priority assigned to particular debts), many debtors sought
conversion to discharge all remaining debts through Chapter 7.
| 11 U.S.C. §348(f)(2): "If the debtor converts a case under chapter 13 of this title to a case under
another chapter under this title in bad faith, the property in the converted case shall consist of the
property of the estate as of the date of conversion" |
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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