The judges of the United States Bankruptcy Court for the Middle District of Florida are considering proposed amendments to the Local Rules. The proposals are posted below for public comment commencing on March 15, 2019. The public comment period ends on April 30, 2019. When promulgated by the judges, the amended and new Local Rules will become effective on July 1, 2019.
Attorneys and parties who appear before the Court are encouraged to review the proposed amendments. The Court appreciates all comments and will consider them prior to the promulgation of the amended rules.
to review the proposed new and amended rules.
to provide comments regarding the proposed amendments.
On April 1, 2019
, automatic adjustments to the dollar amounts stated in various provisions of the Bankruptcy Code, and one provision in Title 28 of the United States Code will go into effect. The adjusted dollar amounts will apply to cases filed on or after April 1, 2019
. The adjustments reflect the change in the Consumer Price Index for All Urban Consumers published by the U.S. Department of Labor for the three-year period ending December 31, 2018, and are rounded to the nearest $25. The adjusted dollar amounts will affect:
- the eligibility of a debtor to file under chapters 12 and 13 of the Bankruptcy Code
- the definition of a small business debtor;
- certain maximum values of property that a debtor may claim as exempt;
- the maximum amount of certain claims entitled to priority;
- the calculation of the "means test" for chapter 7 debtors;
- the duration of a chapter 13 plan;
- the minimum aggregate value of claims needed to commence an involuntary bankruptcy case;
- the minimum value for trustee avoidance actions; and
- the value of "luxury goods and services" deemed to be nondischargeable where the trustee may commence certain proceedings to recover a money judgment or property.
Additionally, the following Official Bankruptcy Forms and Director's Forms contain references to several of the affected dollar amounts:
- Official Form 106C, Schedule C: The Property You Claim as Exempt;
- Official Form 107, Statement of Financial Affairs for Individuals Filing for Bankruptcy;
- Official Form 122A-2, Chapter 7 Means Test Calculation;
- Official Form 122C-2, Chapter 13 Calculation of Your Disposable Income;
- Official Form 201, Voluntary Petition for Non-Individuals Filing for Bankruptcy;
- Official Form 207, Statement of Financial Affairs for Non-Individuals Filing for Bankruptcy;
- Official Form 410, Proof of Claim;
- Director's Form 2000, Required Lists, Schedules, Statements, and Fees; and
- Director's Form 2830, Chapter 13 Debtor's Certification Regarding Domestic Support Obligations and Section 522(q).
The revised forms will be effective on April 1, 2019, and will apply to cases filed on or after that date. The revised forms incorporating the dollar amount changes have been posted to Pending Changes in the Bankruptcy Forms page
. Once effective, the revised forms will be available via the Official Forms link in the Court's Procedure Manual and Forms page or by clicking here
The Middle District of Florida's Model Chapter 13 Plan has been revised, effective March 1, 2019. The revised Model Plan informs the debtor that the automatic stay does not apply to secured creditors if the debtor elects to surrender collateral to the secured creditor, to make payments directly to the secured creditor, or to not make payments to the secured creditor. The revised Model Plan informs the debtor that, under certain plan treatments, there is no discharge of personal liability for claims. See Sections C, 5(a), (b), (c), (h), (i) and (k) and Sections 6(a) and (b).
The revised Model Plan, both fillable and non-fillable, is available on The Source page of the Court website or by clicking HERE
The United States Bankruptcy Court for the Middle District of Florida is recruiting for a Programmer Analyst. The duty station will be Tampa, Florida. The vacancy announcement is open until filled with first consideration given to applicants who apply on or before February 15, 2019.
for full vacancy announcement.
The Court's latest Court Connection Newsletter is currently available
(Posted: Thursday, January 24, 2019
to view the January 2019 edition.
Court Open and Will Continue Essential Operations During Partial Government Shutdown
(Posted: Tuesday, January 15, 2019
During the partial government shutdown, the United States Bankruptcy Court for the Middle District of Florida will remain open and continue all essential court operations. Unless you are otherwise notified, all scheduled matters will proceed as noticed. However, a hearing may be subject to a continuance if a governmental party is involved.
As a reminder, all schedules and deadlines will remain in effect except as addressed in the Court's Administrative Order Concerning Government Shutdown (FLMB 2018-4)
Public Notice - Reappointment of Federal Public Defender in the Northern District of Alabama at Birmingham
(Posted: Friday, January 11, 2019
The current four-year term of Kevin L. Butler, Federal Public Defender for the Northern District of Alabama at Birmingham, expires on October 16, 2019. Although the incumbent Federal Public Defender, Kevin L. Butler, does seek reappointment, there is no presumptive right to reappointment. All applications should be submitted in confidence to the Circuit Executive and must be must be received by February 8, 2019. Please note email and fax copies of applications will not be accepted.
to view the full notice.
to access the application.
CM/ECF MAINTENANCE SCHEDULED: Saturday, January 19, 2019, between 5:00 a.m. and 1:00 p.m.
(Posted: Tuesday, January 8, 2019
CM/ECF will undergo maintenance on Saturday, January 19, 2019, between 5:00 a.m. and 1:00 p.m. You may continue to access CM/ECF during this time, however, intermittent disruption may occur.
Public Notice - Availability of Bankruptcy Judgeship Position in the Southern District of Florida at Fort Lauderdale
(Posted: Monday, January 7, 2019
The United States Court of Appeals for the Eleventh Circuit seeks applications from all highly qualified candidates for a fourteen-year appointment as United States Bankruptcy Judge for the Southern District of Florida at Fort Lauderdale. Please note all applications must be submitted by potential nominees to the Circuit Executive’s Office, and must be received by February 8, 2019
to view the full notice.
to access the application.
Judiciary Open During Government Shutdown
(Posted: Wednesday, December 26, 2018
Despite the government shutdown, the federal judiciary will remain open and can continue operations for approximately three weeks, through January 11, 2019. After that date, the court will be open to perform â€œmission critical workâ€ with only essential staff working during the duration of the shutdown period.
All proceedings and deadlines will remain in effect as scheduled except as addressed in the Court's Administrative Order Concerning Government Shutdown (FLMB 2018-4)
Case Management/Electronic Case Files system (CM/ECF) will also remain in operation for the electronic filing of documents.
Update to eOrders Permits Upload of Competing Form of Order
(Posted: Wednesday, December 19, 2018
The "eOrders" proposed order submission process in CM/ECF has been updated to permit the submission of a competing form of order. Proposed competing orders shall be uploaded as a PDF and as a Word version that is redlined to reflect the suggested revisions to the order.
Competing orders may be submitted using the "Order Upload" option in CM/ECF's Bankruptcy and Adversary Menus. The submitter then selects the "Single Order Upload" option, and checks the box on the submission screen indicating “Dispute as to Form.” The submitter will then be directed to upload the PDF and Word versions of the order. There is no limit to the number of parties who may upload a competing form of order.
An attorney or party who was directed by the Court to submit a proposed order but knows that the opposing party disputes the form of the order should also use this procedure and upload both PDF and Word (not redlined) versions of the proposed order.
The PDF and Word versions of the competing orders will be marked as "disputed form of order" and directed to the appropriate judge's chambers. Questions regarding this process may be submitted to the Court's Help desk at email@example.com.
Court to remain open on December 5, 2018
(Posted: Tuesday, December 4, 2018
The U.S. Bankruptcy Court for the Middle District of Florida joins in mourning the loss of President George H. W. Bush but will be remain open on December 5, 2018.
Please note, the Offices of the U.S. Trustee will be closed on December 5 and 341 meetings of creditors scheduled for that day will be rescheduled.
Unless you are otherwise notified, the Bankruptcy Judges of the Middle District will conduct hearings as scheduled.
CM/ECF MAINTENANCE SCHEDULED: Saturday, December 15, 2018, between 5:00 a.m. and 1:00 p.m.
(Posted: Friday, November 30, 2018
CM/ECF will undergo maintenance on Saturday, December 15, 2018, between 5:00 a.m. and 1:00 p.m. You may continue to access CM/ECF during this time, however, intermittent disruption may occur.
Reappointment of Judge Catherine Peek McEwen - Middle District of Florida
(Posted: Thursday, November 1, 2018
The current 14-year term of The Honorable Catherine Peek McEwen, United States Bankruptcy Judge for the Middle District of Florida at Tampa, is due to expire on 21 August 2019. The United States Court of Appeals for the Eleventh Circuit is considering whether to reappoint Bankruptcy Judge McEwen to a new 14-year term of office. Under reappointment, Bankruptcy Judge McEwen would continue to perform the statutory responsibilities of a bankruptcy judge.
Members of the bar and the public are invited to submit written comments for consideration by the Court of Appeals concerning the reappointment of Bankruptcy Judge McEwen to a new 14-year term of office in Tampa. Comments must be received no later than December 4, 2018
to view the Public Notice.
The Court's latest Court Connection Newsletter is currently available.
(Posted: Thursday, October 25, 2018
to view the October 2018 edition.
Appointment Of Bankruptcy Administrator - Middle District of Alabama
(Posted: Tuesday, September 11, 2018
The United States Court of Appeals for the Eleventh Circuit invites applications for the
position of Bankruptcy Administrator in the Middle District of Alabama, stationed at
The bankruptcy administrator is responsible for supervising trustees and debtors in
possession and assuring that such persons effectively administer estates in cases in the district
under Section 1334 of Title 28 United States Code.
Public Notice for the Appointment of a Magistrate Judge for the Middle District of Florida, Orlando Division
(Posted: Wednesday, July 25, 2018
The Middle District of Florida will appoint a full-time magistrate judge for the Orlando division. The annual salary is $191,360. The term office is eight years, beginning March 1, 2019. The magistrate judge must remain in the Orlando division.
to read full announcement.
Proposed Chapter 11 Confirmation Orders and Local Rule 3020-1
(Posted: Tuesday, June 26, 2018
The Court would like to remind Chapter 11 practitioners of Local Rule 3020-1
which addresses Chapter 11 Confirmation. Specifically the Court draws your attention to paragraph (c)(1), which is as follows: (1) Contents.
The confirmation order shall include the following if applicable: a schedule summarizing the timing and amount of payments to be made to each class of creditors under the plan; notice of any scheduled post-confirmation status conference; and the form of Post-Confirmation Avoidance & Claim Litigation Report to be filed in connection with post-confirmation status conferences conducted in the case.
The form is available on the Court's website in the forms section of the Procedures Manual
Proposed Chapter 11 Confirmation Orders that do not comply with the requirements of the Court's Local Rule may be returned for non-compliance.
Negative Notice and Accompany Orders Lists Updates
(Posted: Tuesday, June 26, 2018
Please be aware of the following revisions to the Court's Negative Notice List and Accompanying Orders List. Negative Notice List updates include: 1. Existing Negative Notice List item Motion to Approve Compromise or Settlement is updated to add an exception to those filed in Chapter 13 Cases. Those filed in a Chapter 13 case related to a personal injury matter are no longer allowed to be filed with Negative Notice. 2. Added: Motion to Vacate Mortgage Modification Mediation Order. Accompanying Orders List update: Added: Motion for Refund of Fee Payment. To view the Court's revised lists, use the following links: Negative Notice List Accompanying Orders List
Model Chapter 13 Plan - Fillable PDF Form and Instructions
(Posted: Friday, February 23, 2018
The Clerk's Office has developed a fillable PDF version of the Model Plan for use by filers.Click HERE
for the PDF of the Model Plan and HERE
for instructions for its use.