Legal Question in Bankruptcy in Florida

Is there a statute or rule which prohibits or allows a President of a small business (such as a single person S-Corp) to represent his/her own company in Federal Bankruptcy Court as a creditor against a debtor who has filed Chapter 13 or Chapter 7 bankruptcy

If so, what statute or rule allows this?

Thank you,

Tom


Asked on 12/05/09, 2:29 pm

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

No. An entity must be represented by a lawyer.

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Answered on 12/10/09, 2:07 pm
Brent Rose The Orsini & Rose Law Firm

Some courts allow pro se (non-attorney) representation of corporations, and even the strict bankruptcy courts of Florida allow some pro se representation. For instance, a corporation can file creditor claims without a lawyer. Many bankruptcy courts, like the one in Washington, D.C., allow considerable pro se corporate representation. Florida courts don't allow it, however. See, for example, this FAQ from the bankruptcy court in Tampa: http://www.flmb.uscourts.gov/faqs/. I'm not sure why the bankruptcy courts are more strict about pro se corporate representation in Florida, but I suspect it is because Florida state courts disallow pro se corporate representation outside of small claims court (see Florida Rules of Small Claims Court 7.050).

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Answered on 12/11/09, 8:55 am


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