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Trustees are assigned multiple roles in Ohio bankruptcy cases under Chapter 7 & Chapter 13. During the meeting of the creditors,
trustees examine debtors and their schedules for compliance with all statutes and laws. Also, and equally
important, trustees protect debtors from unfounded allegations and abuse from creditors who may choose to attend
this public meeting. Unprofessional conduct will not be tolerated from any party.
| 11 U.S.C. §341(d): "Prior to the conclusion of the meeting of creditors or equity security
holders, the trustee shall orally examine the debtor to ensure that the debtor in a case under chapter
of this title is aware of - (1) the potential consequences of seeking a discharge in bankruptcy, including the
effects on credit history; (2) the debtor's ability to file a petition under a different chapter of this title;
(3) the effect of receiving a discharge of debts under this title; and (4) the effect of reaffirming a debt,
including the debtor's knowledge of the provisions of section 524(d) 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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