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
2 Answers from Attorneys
No. An entity must be represented by a lawyer.
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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