"Ohio Filing Chapter 11"
Each debtor filing Ohio bankruptcy under Chapter 11 is authorized to proceed as a debtor in possession. As a
term of legal art, a debtor in possession assumes the rights and responsibilities traditionally associated with
a trustee in consumer cases. All debtors filing Chapter 11 must be prepared to satisfy an extensive array of
duties within court established deadlines.
| 11 U.S.C. §1121 provides, in part,: "(a) The debtor may file a plan with a petition commencing a voluntary
case, or at any time in a voluntary case or an involuntary case. (b) Except as otherwise provided in this
section, only the debtor may file a plan until after 120 days after the date of the order for relief under
this chapter." |
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.
|
|
