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"Ohio Filing Chapter 13"
Once the fee is paid and case number assigned in an Ohio bankruptcy case, deadlines for submitting a proposed
plan and meeting with the creditors begin counting downward. Debtors must prove their ability to make plan
payments from disposable income, after living allowances, for the duration of the plan.
| 11 U.S.C. §1326 provides, in part, "(a) (1) Unless the court orders otherwise, the debtor
shall commence making the payments proposed by a plan within 30 days after the plan is filed. (2) A payment
made under this subsection shall be retained by the trustee until confirmation or denial of confirmation of
a plan. If a plan is confirmed, the trustee shall distribute any such payment in accordance with the plan as
soon as practicable. If a plan is not confirmed, the trustee shall return any such payment to the debtor,
after deducting any unpaid claim allowed under section 503(b) 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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