Please note: This page serves as an archive and may contain outdated content. The hyperlinks included here may no longer be active or may point to webpages that have since changed or been removed. We advise verifying any critical information through updated sources.
PUBLIC NOTICE REQUEST FOR OPEN MARKET QUOTES - BRAND NAME OR EQUIVALENT (Posted: Wednesday, August 7, 2024)
The United States Bankruptcy Court for the Middle District of Florida is soliciting bids for a quantity of nine (9) the Kramer 8X8 4K HDR HDCP 2.2 matrix switcher, KRVS88H2. For any technical or specification questions, please contact Isaac Pagan, IT Supervisor, at Isaac_Pagan@flmb.uscourts.gov. To be considered, all quotes must be received by Wednesday, August 21, 2024, at 4:00 p.m. Please email quotes to dario_pavic@flmb.uscourts.gov.
Click HERE to view the full Public Notice.
DUE TO TROPICAL STORM DEBBY, THE JACKSONVILLE DIVISION OF THE U.S. BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF FLORIDA WILL CLOSE ON MONDAY, AUGUST 5, 2024. (Posted: Sunday, August 4, 2024)
Due to Tropical Storm Debby, the Jacksonville Division of the United States Bankruptcy Court for the Middle District of Florida, including the intake window, will close on Monday, August 5, 2024. All hearings scheduled for August 5, 2024 are cancelled and will be rescheduled. For information on creditors' meetings in Jacksonville cases, please contact the trustee assigned to the case.
AMENDMENTS TO LOCAL RULES EFFECTIVE AUGUST 15, 2024 (Posted: Monday, July 22, 2024)
The Bankruptcy Judges of the Middle District of Florida have approved amendments to the Local Rules, effective August 15, 2024.
Please Click HERE to view a memorandum from Judge Lori V. Vaughan summarizing the changes.
Click HERE to access the amended Local Rules.
IN OBSERVANCE OF THE JULY 4 HOLIDAY WEEKEND (Posted: Monday, July 1, 2024)
In observance of the July 4 Holiday Weekend, the Middle District of Florida clerk's offices in all divisions will be closed on Thursday, July 4. The Orlando and Tampa clerk's offices will also be closed on Friday, July 5. A lawyer or a layperson in need of court services in any of the divisions on July 5 can contact the Jacksonville division clerk's office, which will be open.
AMENDMENTS TO LOCAL RULES AND COMMENT FORM (Posted: Tuesday, May 28, 2024)
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 for public comment on the Court's website commencing on May 28, 2024. The public comment period ends on July 1, 2024. When promulgated by the judges, the amended Local Rules will become effective on August 1, 2024.
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 Local Rules.
Click HERE to view the proposed amendments to Local Rules.
Click HERE to submit comments regarding the proposed amendments.
JUDGE MCEWEN'S MENTORING PROGRAM FOR YOUNG LAWYERS (Posted: Monday, May 13, 2024)
The next session of Judge McEwen's mentoring program for lawyers new to the practice of bankruptcy law is scheduled virtually for Thursday, June 6, 2024, from Noon to 1:15 p.m. via Zoom. LOGIN INFORMATION WILL BE PROVIDED TO THE FIRST 100 WHO RSVP. Judge McEwen's special guest for this program is Chief Judge Caryl E. Delano.
Program Title: ONE WHITE BOARD: A FAST-PACED OVERVIEW OF THE PROGRESSION OF A CHAPTER 11 CASE AND WHAT CODE SECTIONS ARE IMPLICATED AT EACH STAGE
Click HERE to view the full announcement.
PUBLIC NOTICE REQUEST FOR OPEN MARKET QUOTE - ORLANDO DIVISION CYCLICAL MAINTENANCE PROJECT (Posted: Thursday, May 2, 2024)
The United States Bankruptcy Court for the Middle District of Florida is soliciting bids for a cyclical maintenance project in the Orlando Division for flooring and painting.
To be considered, all Bids must be received by Thursday, May 16, 2024, at 4:00 p.m.
Click HERE to see the full public notice.
THE COURT'S LATEST COURT CONNECTION NEWSLETTER IS CURRENTLY AVAILABLE (Posted: Tuesday, April 30, 2024)
Click HERE to view the April 2024 edition.
CHANGES TO MIDDLE DISTRICT'S SUMMARY JUDGMENT AND NEGATIVE NOTICE PROCEDURES (Posted: Thursday, April 25, 2024)
Effective April 25, 2024, the Bankruptcy Court will issue and serve an Order Setting Deadline for Filing Response to Motion for Summary Judgment for all summary judgment motions filed in bankruptcy cases and adversary proceedings. The Order provides that responses to summary judgment motions must be filed within 21 days of the date of the Order, unless the Court has previously set a different briefing schedule.
The Court has removed Motions for Summary Judgment from the Negative Notice List and has included a comment to Local Rule 7001-1(k)(4)(F) to inform readers, pending an upcoming amendment to the rule, that motions for summary judgment are no longer eligible for negative notice.
LEGAL ASSISTANCE PROGRAM AVAILABLE TO LOW-INCOME INDIVIDUAL DEBTORS AND CREDITORS IN CERTAIN MATTERS (Posted: Wednesday, March 13, 2024)
The Middle District of Florida has revised its Legal Assistance Program (LAP) to supplement the types of matters eligible for pro bono services by a volunteer attorney under the LAP. The following types of matters are eligible for referral to a volunteer attorney under the LAP:
- Adversary proceedings or motions relating to the debtor's entitlement to a discharge and/or the dischargeability of a debt, including motions for a hardship discharge under 11 U.S.C. § 1328(b).
- Contested matters concerning the debtor's claimed exemptions.
- Representation of spouses and former spouses of debtors in connection with the dischargeability of obligations under marital settlement agreements and/or judgments for the dissolution of marriage.
- Representation of an individual defendant in an action to recover money or property under 11 U.S.C. §§ 542, 544, or 547 - 550.
In addition, if circumstances warrant, the Bankruptcy Judge assigned to the case may refer a party to LAP.
The Court maintains a list of attorneys who have volunteered to accept a request to serve as a pro bono attorney for a qualifying low-income individual. We hope that all attorneys will consider volunteering for the LAP.
Click HERE for more information on the LAP.
Click HERE for the Attorney Volunteer Form.
JUDGE MCEWEN'S MENTORING PROGRAM FOR YOUNG LAWYERS (Posted: Tuesday, March 5, 2024)
The next session of Judge McEwen's mentoring program for lawyers new to the practice of bankruptcy law is scheduled virtually for Wednesday, March 27, 2024, from Noon to 1:15 p.m. via Zoom. LOGIN INFORMATION WILL BE PROVIDED TO THE FIRST 100 WHO RSVP. Judge McEwen's special guests for this program are: Jeffrey Hakanson, Esq.; Grace Anne Monnig, Assistant United States Attorney; Pam Arciola, Courtroom Deputy; Acel Masar, IT Tech; and a Special "Ghost" Appearance.
Program Title: HODGE PODGE FOR $400
Click HERE to view the full announcement.
THE COURT'S LATEST COURT CONNECTION NEWSLETTER IS CURRENTLY AVAILABLE (Posted: Wednesday, January 31, 2024)
Click HERE to view the January 2024 edition.
Case Manager I or II, Announcement No. 24-03 (Posted: Monday, January 1, 2024)
Orlando, FL
Full-Time - $41,368 - $74,271 Annually
The Clerk of Court for the United States Bankruptcy Court for the Middle District of Florida is seeking qualified applicants for the full-time position of Case Manager I or II in the Orlando Division. Case Managers are the "face" of the Court to much of the public and the attorneys who practice in the Court and help create positive public impressions about the Judiciary. This position is perfect for a professional, self-motivated individual seeking a public service career with challenging and rewarding work in a multi-task, fast-paced environment. For first consideration, applications must be received by January 21, 2024.
Click here for full position announcement.
Full-Time - $41,368 - $74,271 Annually
The Clerk of Court for the United States Bankruptcy Court for the Middle District of Florida is seeking qualified applicants for the full-time position of Case Manager I or II in the Orlando Division. Case Managers are the "face" of the Court to much of the public and the attorneys who practice in the Court and help create positive public impressions about the Judiciary. This position is perfect for a professional, self-motivated individual seeking a public service career with challenging and rewarding work in a multi-task, fast-paced environment. For first consideration, applications must be received by January 21, 2024.
Click here for full position announcement.
EFFECTIVE JANUARY 2, 2024: UPDATE TO COURT PROCEDURES GOVERNING COURT APPEARANCES AND FORM NOTICES OF HEARING (Posted: Wednesday, December 27, 2023)
The judges of the Middle District of Florida have posted their procedures governing court appearances (including remote access by video and telephone) on their individual webpages, located at www.flmb.uscourts.gov/judges. In addition, the Court has revised its form Notices of Hearing to direct parties to the assigned judge's webpage for procedures governing court appearances. Judge Funk will continue to use CourtCall for telephonic appearances. All other judges will use Zoom for both video and telephonic appearances. NOTE: In accordance with the broadcast policy of the Judicial Conference of the United States, effective September 22, 2023, non-parties (i.e., members of the press or the public) are permitted audio access only to civil and bankruptcy proceedings in non-trial proceedings. Members of the press and the public may attend all hearings in person.
Click HERE for the updated Notice of Hearing procedure.
Click HERE for a sample form Notice of Hearing (bankruptcy case).
Click HERE for a sample form Notice of Hearing (adversary proceeding).
THE CLERK'S OFFICES IN JACKSONVILLE AND TAMPA WILL BE CLOSED ON TUESDAY, DECEMBER 26, 2023 (Posted: Wednesday, December 20, 2023)
Attorneys and laypersons in need of assistance on December 26 may contact the Orlando Division clerk's office, which will remain open to the public.
CHAPTER 13 PRACTITIONERS: THE COURT HAS ENTERED ADMINISTRATIVE ORDER FLMB- 2023-3 PRESCRIBING PROCEDURES FOR CHAPTER 13 CASES FILED ON OR AFTER DECEMBER 4, 2023 AND ADOPTS REVISED MODEL CHAPTER 13 PLAN AND ORDER CONFIRMING PLAN, EFFECTIVE DECEMBER 4, 2023 (Posted: Monday, December 4, 2023)
The Court has entered Administrative Order FLMB-2023-3, effective in Chapter 13 cases filed on or after December 4, 2023, The Court has also revised the Model Chapter 13 Plan and Order Confirming Plan, effective December 4, 2023. The revisions conform the Administrative Order, the Model Plan, and the Order Confirming Plan to the Middle District's current Chapter 13 procedures; facilitate more uniform Chapter 13 procedures; and make the procedures more understandable for practitioners, debtors, and creditors.
Click HERE for Chief Judge Delano's December 4, 2023 memorandum outlining the revisions to the Administrative Order, Model Chapter 13 Plan, and Order Confirming Plan.
Click HERE for the Administrative Order with revisions highlighted.
Click HERE for the Model Plan (PDF) with revisions highlighted.
Click HERE for the Model Plan (Word) with revisions highlighted.
Click HERE for the Order Confirming Plan (PDF) with revisions highlighted.
CHAPTER 13 PRACTITIONERS: THE COURT HAS ENTERED ADMINISTRATIVE ORDER FLMB- 2023-3 PRESCRIBING PROCEDURES FOR CHAPTER 13 CASES FILED ON OR AFTER DECEMBER 4, 2023 AND ADOPTS REVISED MODEL CHAPTER 13 PLAN AND ORDER CONFIRMING PLAN, EFFECTIVE DECEMBER 4, 2023 (Posted: Monday, December 4, 2023)
The Court has entered Administrative Order FLMB-2023-3, effective in Chapter 13 cases filed on or after December 4, 2023, The Court has also revised the Model Chapter 13 Plan and Order Confirming Plan, effective December 4, 2023. The revisions conform the Administrative Order, the Model Plan, and the Order Confirming Plan to the Middle District’s current Chapter 13 procedures; facilitate more uniform Chapter 13 procedures; and make the procedures more understandable for practitioners, debtors, and creditors.
Click HERE for Chief Judge Delano's December 4, 2023 memorandum outlining the revisions to the Administrative Order, Model Chapter 13 Plan, and Order Confirming Plan.
Click HERE for the Administrative Order with revisions highlighted.
Click HERE for the Model Plan (PDF) with revisions highlighted.
Click HERE for the Model Plan (Word) with revisions highlighted.
Click HERE for the Order Confirming Plan (PDF) with revisions highlighted.
EFFECTIVE DECEMBER 1, 2023 - REVISIONS TO BANKRUPTCY COURT MISCELLANEOUS FEE SCHEDULE, AMENDED OFFICIAL BANKRUPTCY FORMS, FEDERAL RULES OF CIVIL PROCEDURE, FEDERAL RULES OF APPELLATE PROCEDURE, AND FEDERAL RULES OF EVIDENCE (Posted: Friday, December 1, 2023)
Congress has taken no action on the proposed amendments to the Federal Rules of Appellate, Bankruptcy, and Civil Procedure, and the Federal Rules of Evidence, adopted by the Supreme Court and transmitted to Congress on April 24, 2023. Under the Rules Enabling Act, 28 U.S.C. §§ 2071-75, rules take effect today, December 1, 2023.
Click HERE for the adjusted Miscellaneous Fee Schedule
Click HERE for the Amended Official Forms
Click HERE or the Rules of Practice and Procedure Effective December 1, 2023
Click HERE for a Summary of the Amendments to the Forms and Rules
THE CLERK'S OFFICES IN JACKSONVILLE AND ORLANDO WILL BE CLOSED ON FRIDAY, NOVEMBER 24, 2023 (Posted: Wednesday, November 22, 2023)
A lawyer or a layperson in need of court services in any of the divisions on November 24 can contact the Tampa Division clerk's office, which will be open.
FILING FEE INCREASES EFFECTIVE DECEMBER 1, 2023 (Posted: Wednesday, November 22, 2023)
The Judicial Conference of the United States has approved inflationary adjustments, effective December 1, 2023, to the fees on the Bankruptcy Court Miscellaneous Fee Schedule (28 U.S.C. § 1930).
Click HERE to see the adjusted fee schedule.
THE COURT'S LATEST COURT CONNECTION NEWSLETTER IS CURRENTLY AVAILABLE (Posted: Tuesday, November 14, 2023)
Click HERE to view the October 2023 edition.
CHAPTER 13 PRACTITIONERS: COURT POSTS PROPOSED REVISIONS TO ADMINISTRATIVE ORDER GOVERNING PROCEDURES IN CHAPTER 13 CASES, MODEL PLAN, AND ORDER CONFIRMING PLAN FOR PUBLIC COMMENT COMMENTS DUE BY NOVEMBER 20, 2023(Posted: Monday, November 6, 2023)
The Middle District of Florida is in the process of revising the Administrative Order Governing Procedures in Chapter 13 Cases, the Model Plan, and the Order Confirming Plan. Comments are due by November 20, 2023. Attorneys and parties who appear before the Court are encouraged to review the proposed revisions. The Court appreciates all comments and will consider them prior to the December 1, 2023 effective date of the revisions.
CLICK HERE to view Chief Judge Delano's memorandum summarizing the proposed revisions.
CLICK HERE to view the proposed revised Administrative Order.
CLICK HERE to view the proposed revised Model Plan.
CLICK HERE to view the proposed form Order Confirming Plan.
CLICK HERE for the link to submit a comment.
SPRING 2024 JUDICIAL INTERNSHIP (Posted: Wednesday, October 4, 2023)
The United States Bankruptcy Court for the Middle District of Florida, Orlando Division, is currently accepting applications to fill one (1) unpaid intern position for the Spring 2024 semester.
Click HERE for full position announcement.
COURT TERMINATES COVID-RELATED TEMPORARY SUSPENSION OF ATTORNEYS' OBLIGATION TO OBTAIN ORIGINAL CLIENT SIGNATURES PRIOR TO FILING SIGNED PAPERS (Posted: Wednesday, September 27, 2023)
The Court has entered Administrative Order FLMB-2023-2, which vacates Administrative Order FLMB-2020-4 and reinstates attorneys' obligation to obtain their clients' original signatures prior to filing petitions and other papers via CM/ECF. Effective October 1, 2023, compliance with Local Rule 1001-2(g)(2) and (h) is required.
Click HERE to view Administrative Order FLMB-2023-2.
JUDGE MCEWEN'S MENTORING PROGRAM FOR YOUNG LAWYERS (Posted: Wednesday, September 6, 2023)
The next session of Judge McEwen's mentoring program for lawyers new to the practice of bankruptcy law is scheduled virtually for Wednesday, September 27, 2023, from Noon to 1:15 p.m. by Zoom. Login Information will be provided to the first 100 who RSVP. Judge McEwen's special guests for this program are: Guy Van Baalen, Assistant U.S. Trustee, Tampa Division; and Nathan Wheatley, Trial Attorney, U.S. Trustee's Office.
Program Title: COMING TO A COMPUTER NEAR YOU! MEETING OF CREDITORS VIA ZOOM IN CHAPTER 7, 12, AND 13 CASES
Click HERE to view the full announcement.
PUBLIC NOTICE REQUEST FOR OPEN MARKET QUOTE - ORLANDO DIVISION CYCLICAL MAINTENANCE PROJECT (Posted: Tuesday, September 5, 2023)
The United States Bankruptcy Court for the Middle District of Florida is soliciting bids for a cyclical maintenance project in the Orlando Division for flooring and painting.
To be considered, all Bids must be received by Wednesday, September 20, 2023, at 4:00 p.m.
Click HERE to view the full Public Notice.
DUE TO HURRICANE IDALIA, THE JACKSONVILLE DIVISION OF THE U.S. BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF FLORIDA WILL CLOSE ON WEDNESDAY, AUGUST 30, 2023 (Posted: Tuesday, August 29, 2023)
Due to Hurricane Idalia, the Jacksonville Division of the United States Bankruptcy Court for the Middle District of Florida, including the intake window, will close on Wednesday, August 30, 2023. All hearings scheduled for August 30, 2023, are cancelled and will be rescheduled. For information on creditors' meetings in Jacksonville cases, please contact the trustee assigned to the case.
DUE TO HURRICANE IDALIA, THE ORLANDO DIVISION OF THE U.S. BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF FLORIDA WILL CLOSE ON WEDNESDAY, AUGUST 30, 2023 (Posted: Tuesday, August 29, 2023)
Due to Hurricane Idalia, the Orlando Division of the United States Bankruptcy Court for the Middle District of Florida, including the intake window, will close on Wednesday, August 30, 2023. All hearings scheduled for August 30, 2023, are cancelled and will be rescheduled. For information on creditors' meetings in Orlando cases, please contact the trustee assigned to the case.
DUE TO TROPICAL STORM/HURRICANE IDALIA, THE TAMPA DIVISION OF THE U.S. BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF FLORIDA WILL CLOSE ON TUESDAY AND WEDNESDAY, AUGUST 29 AND 30, 2023 (Posted: Monday, August 28, 2023)
Due to Tropical Storm/Hurricane Idalia, the Tampa Division of the United States Bankruptcy Court for the Middle District of Florida, including the intake window, will close on Tuesday and Wednesday, August 29 and 30, 2023. All hearings scheduled for August 29 and 30, 2023, are cancelled and will be rescheduled. For information on creditors' meetings in Tampa and Fort Myers cases, please contact the trustee assigned to the case.
DUE TO TROPICAL STORM/HURRICANE IDALIA, THE TAMPA DIVISION OF THE U.S. BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF FLORIDA WILL CLOSE ON TUESDAY AND WEDNESDAY, AUGUST 29 AND 30, 2023 (Posted: Monday, August 28, 2023)
Due to Tropical Storm/Hurricane Idalia, the Tampa Division of the United States Bankruptcy Court for the Middle District of Florida, including the intake window, will close on Tuesday and Wednesday, August 29 and 30, 2023. All hearings scheduled for August 29 and 30, 2023, are cancelled and will be rescheduled. For information on creditors' meetings in Tampa and Fort Myers cases, please contact the trustee assigned to the case.
UST REGION 21 IMPLEMENTATION OF ZOOM 341 MEETINGS IN CHAPTER 7, 12, AND 13 CASES (Posted: Monday, August 21, 2023)
The U.S. Trustee Program will implement virtual meetings of creditors (via Zoom) in chapter 7, 12, and 13 cases in the Middle District of Florida for § 341 meetings in cases filed on or after September 1, 2023. For more information, including joining a meeting and what documents to provide to the trustee prior to the meeting, Click HERE.
AMENDED ORDER ESTABLISHING PRESUMPTIVELY REASONABLE DEBTOR'S ATTORNEY'S FEES IN TAMPA AND FORT MYERS CHAPTER 13 CASES (Posted: Friday, August 11, 2023)
The judges of the Tampa and Fort Myers Divisions have today entered an Amended Order Establishing Presumptively Reasonable Debtor's Attorney's Fees in Chapter 13 Cases.
Click HERE to view the Amended Order.
LOCAL RULES LAWYERS' ADVISORY COMMITTEE SOLICITS PROPOSALS FOR NEW OR REVISED LOCAL RULES (Posted: Wednesday, August 2, 2023)
The Local Rules Lawyers' Advisory Committee invites interested parties, including members of the Bar and Court employees, to submit their suggestions, comments, and proposals for proposed new Local Rules or revisions to our current Local Rules. Suggestions should be submitted no later than September 15, 2023.
Click HERE to submit recommendations to the Committee.
REVISIONS TO LOCAL RULES EFFECTIVE AUGUST 1, 2023; NEW FORM CERTIFICATE OF AUTHORIZATION TO FILE BANKRUPTCY PETITION (NON-INDIVIDUAL CASES); REVISION TO NEGATIVE NOTICE LIST (MOTIONS FOR RELIEF FROM CODEBTOR STAY) (Posted: Tuesday, August 1, 2023)
Revisions to the Middle District of Florida's Local Rules are effective today, August 1, 2023.
Click HERE to view a memorandum from Judge Lori V. Vaughan summarizing the changes.
Local Rule 1074-1(b) requires non-individual debtors to file a certificate of authorization to file the bankruptcy petition.
Click HERE for a sample certificate. Debtor's counsel should docket the certificate using a new CM/ECF docket event: "Certificate of Authorization to File Bankruptcy Petition."
Local Rule 4001-1(c(2)(C) clarifies procedures for filing motions for relief from the codebtor stay in Chapter 12 and 13 cases. The Court's Negative Notice List has been updated to add the following motions in Chapter 12 and Chapter 13 cases:
- Motion for Relief from Codebtor Stay as to Codebtor Only
- Combined Motion for Relief from Stay as to the Debtor and Codebtor
THE COURT'S LATEST COURT CONNECTION NEWSLETTER IS CURRENTLY AVAILABLE (Posted: Wednesday, July 26, 2023)
Click HERE to view the July 2023 edition.
U.S. DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA POSTS AMENDMENTS TO ITS LOCAL RULES FOR PUBLIC COMMENT - COMMENTS DUE BY AUGUST 21, 2023. (Posted: Tuesday, July 25, 2023)
The U.S. District Court for the Middle District of Florida has posted proposed amendments to its Local Rules for public comment. The public comment period ends at 5 p.m. EDT on August 21, 2023.
Click HERE to view the proposed amendments.
The District Court's announcement and the link to submit a public comment may be found on the District Court's website, www.flmd.uscourts.gov, in the Announcements section.
INACCESSIBILITY OF CM/ECF AND RELATED APPLICATIONS DUE TO RECENT UPGRADE (Posted: Monday, July 24, 2023)
The Court's CM/ECF application underwent a required upgrade and was offline from July 21-23, 2023. Due to the upgrade, certain areas of CM/ECF (case filing, adversary proceeding filing, claims register reports, etc.) and its related applications (ePoc, eBallots, eFin) remain inaccessible to ECF users. Our IT staff is diligently working to address all issues. In the meantime, if you encounter a filing issue with a deadline-related matter (case/adversary proceeding, claims, ballots, etc.), please refer to Local Rule 1001-2(m) and Local Rule 5001-2 for the alternatives to e-filing.
We appreciate your understanding.
CM/ECF PLANNED OUTAGE: MAINTENANCE SCHEDULED FOR JULY 21-23, 2023 (Posted: Sunday, July 2, 2023)
Due to scheduled maintenance, the CM/ECF application will be offline and unavailable from 5:00 p.m. on Friday, July 21, 2023, to 11:59 p.m. on Sunday, July 23, 2023.
AMENDMENTS TO LOCAL RULES EFFECTIVE AUGUST 1, 2023 (Posted: Friday, June 30, 2023)
The Bankruptcy Judges of the Middle District of Florida have approved amendments to the Local Rules, effective August 1, 2023.
Please click HERE to view a memorandum from Judge Lori V. Vaughan summarizing the changes.
Click HERE to access new and amended Local Rules.
PUBLIC NOTICE REQUEST FOR OPEN MARKET QUOTE - TAMPA DIVISION (CHAMBERS 8B) CYCLICAL MAINTENANCE PROJECT (Posted: Wednesday, June 28, 2023)
The United States Bankruptcy Court for the Middle District of Florida is soliciting bids for a cyclical maintenance project in the Tampa Division for flooring and painting in Chambers 8B.
To be considered, all Bids must be received by July 14, 2023, at 4:00 p.m.
Click HERE to view the full Public Notice.
PUBLIC NOTICE REQUEST FOR OPEN MARKET QUOTE - TAMPA DIVISION (CHAMBERS 8A) CYCLICAL MAINTENANCE PROJECT (Posted: Tuesday, May 2, 2023)
The United States Bankruptcy Court for the Middle District of Florida is soliciting bids for a cyclical maintenance project in the Tampa Division for flooring and painting in Chambers 8A.
To be considered, all Bids must be received by May 17, 2023, at 4:00 p.m.
Click HERE to view the full Public Notice.
THE COURT'S LATEST COURT CONNECTION NEWSLETTER IS CURRENTLY AVAILABLE (Posted: Wednesday, April 26, 2023)
Click HERE to view the April 2023 edition.
AMENDMENTS TO LOCAL RULES AND COMMENT FORM (Posted: Monday, April 24, 2023)
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 April 24, 2023. The public comment period ends on June 2, 2023. When promulgated by the judges, the amended and new Local Rules will become effective on July 1, 2023.
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 new and amended Local Rules.
Click HERE to review the proposed amended rules.
Click HERE to provide comments regarding the proposed amendments.
JUDGE COLTON'S REVISED CHAPTER 13 HEARING PROCEDURES (Posted: Tuesday, April 18, 2023)
Effective April 19, 2023, Judge Colton will follow new Chapter 13 hearing procedures. These procedures only affect cases scheduled in front of Judge Colton and do not apply to any other Tampa division judge. A memorandum outlining these new procedures has been posted on Judge Colton's web page located under the Judges/Chambers tab.
Click HERE to read the full memorandum.
PUBLIC NOTICE REQUEST FOR OPEN MARKET QUOTE - JACKSONVILLE CYCLICAL MAINTENANCE PROJECT (Posted: Wednesday, April 5, 2023)
The United States Bankruptcy Court for the Middle District of Florida is soliciting bids for a cyclical maintenance project in the Jacksonville Division for flooring and painting.
To be considered, all Bids must be received by April 21, 2023 at 4:00 p.m.
Click HERE to view the full Public Notice.
THE COURT'S LATEST COURT CONNECTION NEWSLETTER IS CURRENTLY AVAILABLE (Posted: Thursday, March 2, 2023)
Click HERE to view the January 2023 edition.
(Posted: Thursday, February 16, 2023)
REVISION TO ACCOMPANYING ORDERS AND NEGATIVE NOTICE LISTS (Posted: Thursday, January 5, 2023)
Effective January 5, 2023, Applications to Employ/Retain a Professional in Chapter 11 cases are no longer included on the Court's Accompanying Orders List and have been added to the Court's Negative Notice List. Applications in Chapter 11 cases require 14 days' negative notice. Attorneys may upload an order approving the application upon the later of (a) the expiration of the negative notice period, and (b) 21 days after the date of the petition. A new sample application has been added to the Court's Procedure Manual located in The Source (http://www.flmb.uscourts.gov/thesource/ ).
Click HERE for an updated Accompanying Orders List.
Click HERE for an updated Negative Notice List.
Click HERE for the new sample Application to Employ Professional - Chapter 11.
MEMORIAL TRIBUTE FOR THE HONORABLE MICHAEL G. WILLIAMSON (Posted: Friday, December 16, 2022)
IN ADDITION TO THE ORLANDO AND TAMPA DIVISION CLOSURES, DUE TO TROPICAL STORM/HURRICANE NICOLE, THE JACKSONVILLE DIVISION AND ITS INTAKE COUNTER WILL BE CLOSED TO THE PUBLIC (Posted: Wednesday, November 9, 2022)
The Jacksonville division of the United States Bankruptcy Court for the Middle District of Florida will be closed on Thursday, November 10, 2022, due to Tropical Storm/Hurricane Nicole.
DUE TO TROPICAL STORM/HURRICANE NICOLE, THE TAMPA AND ORLANDO DIVISIONS OF THE U.S. BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF FLORIDA AS WELL AS BOTH DIVISIONS INTAKE COUNTERS WILL BE CLOSED TO THE PUBLIC (Posted: Wednesday, November 9, 2022)
The Tampa and Orlando divisions of the United States Bankruptcy Court for the Middle District of Florida will be closed on Thursday, November 10, 2022, due to Tropical Storm/Hurricane Nicole.
DUE TO TROPICAL STORM NICOLE, THE ORLANDO COURTHOUSE AND THE BANKRUPTCY COURT'S ORLANDO INTAKE WINDOW WILL BE CLOSED TO THE PUBLIC (Posted: Tuesday, November 8, 2022)
The Orlando division of the United States Bankruptcy Court for the Middle District of Florida will be closed on Wednesday, November 9, 2022, due to Tropical Storm Nicole.
The path of the storm is being closely monitored and information will be forthcoming if additional Orlando closures are needed and if the path of the storm will impact any other division of our Court.
MEMORIAL TRIBUTE TO THE HONORABLE MICHAEL G. WILLIAMSON, UNITED STATES BANKRUPTCY JUDGE (Posted: Monday, November 7, 2022)
The United States Bankruptcy Court for the Middle District of Florida is deeply saddened to announce that the Hon. Michael G. Williamson passed away on November 3, 2022. For more than two decades, Judge Williamson a brilliant writer and thinker with a keen sense of humor served the Middle District of Florida with honor and distinction, including as its Chief Judge from 2015 to 2019. Judge Williamson will be greatly missed by his friends and colleagues in the Middle District of Florida.A 1976 graduate of Georgetown University Law Center, Judge Williamson practiced law in Orlando for two decades. As an attorney with a state-wide Chapter 11 practice, he was known for his professionalism and civility.
In 2000, the Eleventh Circuit Court of Appeals appointed Judge Williamson to the bankruptcy bench in Tampa. As a judge, Judge Williamson fulfilled his vocation as a writer, speaker, and educator. During his twenty-two years on the bench, Judge Williamson authored more than 220 reported decisions, spoke at more than 280 seminars, and authored a Practical Evidence Manual, a go-to resource for Middle District bankruptcy practitioners. Judge Williamson also served as a co-author of West's Bankruptcy Law Manual since 2013 and as an Adjunct Professor at Stetson University College of Law since 2014. Judge Williamson's influence on the practice of bankruptcy law in the State of Florida, and nationally, cannot be overstated.
All the while, Judge Williamson maintained his commitment to the attorneys who practice in the Middle District of Florida. For over two decades, Judge Williamson was a Master in the J. Clifford Cheatwood American Inn of Court, serving as the Inn's President in 2004. From 2016 to 2019, Judge Williamson served as a Judicial Board Member of the Tampa Chapter of the Federal Bar Association. And he continued to serve on the Executive Council of the Business Law Section of The Florida Bar.
Judge Williamson is a Fellow in the American College of Bankruptcy. He was the first recipient of The Florida Bar Business Law Section's Distinguished Lifetime Service Award, and in October 2022, Judge Williamson received the Judge William L. Norton, Jr. Judicial Excellence Award, a national award presented annually by the American Bankruptcy Institute in recognition of a bankruptcy judge's dedication to the insolvency community.
Judge Williamson was also instrumental in developing the Rule of Law abroad. He has assessed commercial laws in Azerbaijan, Macedonia, Rwanda, Uganda, and Zimbabwe. And he has taught principles of insolvency law to lawyers and judges in Bosnia-Herzegovina, the Republic of Georgia, Bahrain, and Ukraine. But Judge Williamson is perhaps best known for his work in Afghanistan, where, over the course of a decade, he drafted a new bankruptcy law from scratch and oversaw its enactment into law.
Judge Williamson's passing is a great loss to his wife, Linda, their family and friends, and to his colleagues and the attorneys who appeared before him. In his honor, the United States flags at the Middle Districts courthouses will be flown at half-staff this week.
THE COURT'S LATEST COURT CONNECTION NEWSLETTER IS CURRENTLY AVAILABLE (Posted: Monday, October 31, 2022)
CM/ECF PLANNED OUTAGE: MAINTENANCE SCHEDULED FOR NOVEMBER 12, 2022 (Posted: Friday, October 21, 2022)
Due to scheduled maintenance, the CM/ECF application will be offline and unavailable from 9:00 a.m. to 5:00 p.m. on Saturday, November 12, 2022.
DUE TO HURRICANE IAN, ALL DIVISIONS OF THE U.S. BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF FLORIDA AS WELL AS ALL INTAKE COUNTERS WILL BE CLOSED TO THE PUBLIC (Posted: Thursday, September 29, 2022)
All divisions of the United States Bankruptcy Court for the Middle District of Florida will be closed on Friday, September 30 due to Hurricane Ian.
DUE TO HURRICANE IAN, THE TAMPA AND JACKSONVILLE DIVISIONS OF THE U.S. BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF FLORIDA AS WELL AS BOTH DIVISION'S INTAKE COUNTERS WILL BE CLOSED TO THE PUBLIC (Posted: Thursday, September 29, 2022)
The Tampa and Jacksonville divisions of the United States Bankruptcy Court for the Middle District of Florida will be closed on Friday, September 30 due to Hurricane Ian.
DUE TO HURRICANE IAN, THE JACKSONVILLE COURTHOUSE AND THE BANKRUPTCY COURT'S JACKSONVILLE INTAKE WINDOW WILL BE CLOSED TO THE PUBLIC (Posted: Wednesday, September 28, 2022)
The Jacksonville division of the United States Bankruptcy Court for the Middle District of Florida will be closed from 2:00 p.m. on Wednesday through Friday due to Hurricane Ian.
DUE TO HURRICANE IAN, ORLANDO COURTHOUSE AND THE BANKRUPTCY COURT'S ORLANDO INTAKE WINDOW WILL BE CLOSED TO THE PUBLIC (Posted: Tuesday, September 27, 2022)
The Orlando division of the United States Bankruptcy Court for the Middle District of Florida will be closed on Wednesday and Thursday due to Hurricane Ian.
The path of the storm is being closely monitored and information will be forthcoming if the path of the storm will impact the Jacksonville division of our Court.
DUE TO HURRICANE IAN, TAMPA COURTHOUSE AND THE BANKRUPTCY COURT'S TAMPA INTAKE WINDOW WILL BE CLOSED TO THE PUBLIC (Posted: Monday, September 26, 2022)
The Tampa division of the United States Bankruptcy Court for the Middle District of Florida will be closed on Tuesday, Wednesday, and Thursday due to Hurricane Ian.
The path of the storm is being closely monitored and information will be forthcoming if the path of the storm will impact the other two divisions of our Court.
UPDATES TO THE COURT'S ACCOMPANYING ORDERS LIST AND NEGATIVE NOTICE LIST (Posted: Monday, August 15, 2022)
- The Court maintains an Accompanying Orders List of the types of motions or applications that do not require a hearing (a) for which the moving party may submit an order when the motion or application is filed, and (b) for which the Court will enter a form order. Effective August 15, 2022, the Court has approved the following revisions to Accompanying Orders List:
- Application for Compensation or Reimbursement of Expenses by any entity if the request does not exceed $1,000 [any chapter]
- Motion for Order Confirming Absence of the Automatic Stay under 11 U.S.C. § 362(c)(4) [if debtor had two or more pending cases in the prior year and a party in interest does not move to impose the automatic stay within 30 days after the filing of the current case]
- The Court also maintains a Negative Notice List of the types of motions and applications that may be served using the negative notice procedure permitted by Local Rule 2002-4. Effective August 15, 2022, the Court has approved the following revision to the Negative Notice List:
- Chapter 12/13 Motion for Order Confirming the Automatic Stay is Terminated under 11 U.S.C. § 362(c)(3)
Click HERE to view the revised Accompanying Orders List.
Click HERE to view the revised Negative Notice List.
LOCAL RULES LAWYERS' ADVISORY COMMITTEE SOLICITS PROPOSALS FOR NEW OR REVISED LOCAL RULES (Posted: Sunday, July 31, 2022)
The Local Rules Lawyers' Advisory Committee invites interested parties, including members of the Bar and Court employees, to submit their suggestions, comments, and proposals for proposed new Local Rules or revisions to our current Local Rules. Suggestions should be submitted no later than September 15, 2022.
Click HERE to submit recommendations to the Committee.
THE COURT'S LATEST COURT CONNECTION NEWSLETTER IS CURRENTLY AVAILABLE (Posted: Friday, July 29, 2022)
Click HERE to view the July 2022 edition.
JUDGE MCEWEN'S MENTORING PROGRAM FOR YOUNG LAWYERS (Posted: Friday, July 22, 2022)
The next session of Judge McEwen's mentoring program for lawyers new to the practice of bankruptcy law is scheduled virtually for Tuesday, August 16, 2022, from Noon to 1:15 pm by Zoom. Login Information will be provided to the first 100 who RSVP. Judge McEwen's special guest for this program is: Dr. Ruediger Mueller, President and Co-Founder of TCMI, INC., Management Consulting for Corporate Renewal.
Program Title: HOW TO AVOID STORMY SEAS PART II: PROFIT & LOSS FORECASTING FOR PROVING LONG TERM FEASIBILITY & CREATING A GOOD PLAN
Click HERE to view the full announcement.
AVAILABILITY OF BANKRUPTCY JUDGESHIP POSITION IN THE SOUTHERN DISTRICT OF FLORIDA AT MIAMI (Posted: Friday, June 3, 2022)
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 Miami. Please note all applications must be submitted by potential nominees to the Circuit Executive's Office and must be received by July 22, 2022.
Click HERE to view the full notice.
AVAILABILITY OF BANKRUPTCY JUDGESHIP POSITION IN THE SOUTHERN DISTRICT OF FLORIDA AT MIAMI (Posted: Friday, June 3, 2022)
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 Miami. Please note all applications must be submitted by potential nominees to the Circuit Executive's Office and must be received by July 22, 2022.
Click HERE to view a memorandum from Judge Lori V. Vaughan summarizing the changes.
Click HERE to access the new and amended Local Rules.
Updates to the Court's Negative Notice List, Accompanying Orders List, and Procedure Manual (Posted: Monday, May 2, 2022)
The Court has posted its revised Negative Notice List and Accompanying Orders List, effective May 2, 2022.
Updates to NN List: (a) Motions for Relief from Stay that include a request for prospective relief are no longer authorized to be filed on negative notice; and (b) only the Trustee may submit an order modifying a Chapter 12 or a Chapter 13 plan.
Updates to the Accompanying Orders List include: (a) Application for Compensation that does not exceed $1,000 (for requests exceeding $1,000, the negative notice provisions of Local Rule 2002-4 and as set forth in the Court's Negative Notice List apply); and (b) Motion for Order Confirming Termination of Automatic Stay in Chapter 13 under Paragraph 9 of the Court's Administrative Order Governing Procedures for Chapter 13 Cases and Local Rule 4001-1(c)(2)(B).
To view the Court's revised lists, use the following links:
Click HERE to view the Court's updated Negative Notice List.
Click HERE to view the Court's updated Accompanying Orders List.
Updates to the Court's Procedure Manual:
Telephonic Appearances Click HERE
Motion for Relief from Stay- Chapter 7 Click HERE
Motion for Relief from Co-debtor Stay Click HERE
THE COURT'S LATEST COURT CONNECTION NEWSLETTER IS CURRENTLY AVAILABLE (Posted: Thursday, April 28, 2022)
Click HERE to view the April 2022 edition.
JUDGE MCEWEN'S MENTORING PROGRAM FOR YOUNG LAWYERS (Posted: Monday, April 18, 2022)
The next session of Judge McEwen's mentoring program for lawyers new to the practice of bankruptcy law is scheduled virtually for Thursday, May 19, 2022, from Noon to 1:15 pm by Zoom. Login Information will be provided to the first 100 who RSVP. Judge McEwen's special guest for this program is: Dr. Ruediger Mueller, President and Co-Founder of TCMI, INC., Management Consulting for Corporate Renewal.
Program Title: HOW TO AVOID STORMY SEAS: FORECASTING CASH FLOW FOR SMOOTH SAILING UNDER SUNNY SKIES
Click HERE to view the full announcement.
AMENDMENTS TO LOCAL RULES AND COMMENT FORM (Posted: Tuesday, March 29, 2022)
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 29, 2022. The public comment period ends on April 29, 2022. When promulgated by the judges, the amended Local Rules will become effective on July 1, 2022.
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 new and amended Local Rules. Click HERE to review the proposed amended rules.
Click HERE to provide comments regarding the proposed amendments.
JUDGE JASON A. BURGESS AND JUDGE TIFFANY GEYER SWORN IN AS MIDDLE DISTRICT OF FLORIDA BANKRUPTCY JUDGES (Posted: Friday, March 25, 2022)
ORLANDO, FL - The Honorable Jason A. Burgess and the Honorable Tiffany Geyer were recently sworn in as the United States Bankruptcy Court for the Middle District of Florida's newest bankruptcy judges.
Click HERE to view the press release.
NEXTGEN CM/ECF PLANNED OUTAGE: MAINTENANCE SCHEDULED FOR MARCH 5, 2022 (Posted: Wednesday, March 2, 2022)
Due to scheduled maintenance, the NextGen CM/ECF application will be offline and unavailable from 9:00 a.m. to 12:00 p.m. on Saturday, March 5, 2022.
JUDGE MCEWEN'S MENTORING PROGRAM FOR YOUNG LAWYERS (Posted: Wednesday, February 16, 2022)
The next session of Judge McEwen's mentoring program for lawyers new to the practice of bankruptcy law is scheduled virtually for Thursday, March 3, 2022, from Noon to 1:15 pm by Zoom. Login Information will be provided to the first 100 who RSVP. Judge McEwen's special guests for this program are: Christopher Emden, Attorney for the Department of Justice and Charles Stohlman, Esquire.
Program Title: TALKING TAX PART II: FROM THE DEBTOR'S PERSPECTIVE
Click HERE to view the full announcement.
NEXTGEN CM/ECF PLANNED OUTAGE: MAINTENANCE SCHEDULED FOR FEBRUARY 12, 2022 (Posted: Tuesday, February 1, 2022)
Due to scheduled maintenance, the NextGen CM/ECF application will be offline and unavailable from 8:00 a.m. to 4:00 p.m. on Saturday, February 12, 2022.
THE COURT'S LATEST COURT CONNECTION NEWSLETTER IS CURRENTLY AVAILABLE (Posted: Monday, January 31, 2022)
Click HERE to view the January 2022 edition.
JUDGE MCEWEN'S MENTORING PROGRAM FOR NEW BANKRUPTCY LAWYERS (Posted: Thursday, December 9, 2021)
The next session of Judge McEwen's mentoring program for lawyers new to the practice of bankruptcy law is scheduled virtually for Wednesday, December 29, 2021, from Noon to 1:15 pm by Zoom. Login Information will be provided to the first 100 who RSVP. Judge McEwen's special guests for this program is: Christopher Emden, Attorney for the Department of Justice and the Program Moderator is: Charles Stohlman, Esquire.
Program Title: TALKING TAX PART I: FROM THE IRS'S PERSPECTIVE
Click HERE to view the full announcement.
EFFECTIVE DECEMBER 1, 2021 - AMENDMENTS TO THE FEDERAL RULES OF PRACTICE AND PROCEDURE (Posted: Friday, December 3, 2021)
Congress has taken no action on the proposed amendments to the Federal Rules of Appellate and Bankruptcy Procedure adopted by the Supreme Court and transmitted to Congress on April 14, 2021. Under the Rules Enabling Act, 28 U.S.C. §§ 2071-75, the rules memorandum took effect on December 1, 2021.
Click HERE to view the Current Rules of Practice and Procedure.
Click HERE to view the Amendments to the Federal Rules of Bankruptcy Procedure.
UNITED STATES TRUSTEE PROGRAM ANNOUNCES UPDATES TO CHAPTER 11 PERIODIC REPORTS - EFFECTIVE NOVEMBER 30, 2021 (Posted: Wednesday, December 1, 2021)
The U.S. Trustee Program (USTP) has posted updated versions of the UST Form 11-MOR, Monthly Operating Reports ("MOR") and UST Form 11-PCR, Post-confirmation Reports ("PCR") on its website. The new forms apply to all Chapter 11 cases, other than small business cases and subchapter V cases.
For important information regarding the new forms, please visit https://www.justice.gov/ust/chapter-11-operating-reports.
Click HERE to view the full announcement.
JUDGES GRACE E. ROBSON AND JACOB. A BROWN SWORN IN AS MIDDLE DISTRICT OF FLORIDA BANKRUPTCY JUDGES (Posted: Monday, November 15, 2021)
JACKSONVILLE, FL - On November 3, 2021, the Honorable Grace E. Robson and the Honorable Jacob A. Brown were sworn in as the newest bankruptcy judges of the United States Bankruptcy Court for the Middle District of Florida.
Click HERE to view the press release.
PUBLIC NOTICE - REAPPOINTMENT OF CHIEF BANKRUPTCY JUDGE CARYL E. DELANO, UNITED STATES BANKRUPTCY JUDGE, MIDDLE DISTRICT OF FLORIDA (Posted: Wednesday, November 3, 2021)
The current 14-year term of The Honorable Caryl E. Delano, Chief United States Bankruptcy Judge for the Middle District of Florida at Tampa, is due to expire on June 24, 2022. The United States Court of Appeals for the Eleventh Circuit is considering whether to reappoint Chief Bankruptcy Judge Delano to a new 14-year term of office. Under reappointment, Chief Bankruptcy Judge Delano 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 Chief Bankruptcy Judge Delano to a new 14-year term of office in Tampa. Comments must be received no later than December 16, 2021.
Click HERE to view the Public Notice.
THE COURT'S LATEST COURT CONNECTION NEWSLETTER IS CURRENTLY AVAILABLE (Posted: Thursday, October 28, 2021)
** REMINDER ** (Posted: Monday, September 13, 2021)
Solicits Proposals for New or Revised Local Rules
This is a reminder that the deadline to submit suggestions, comments, and proposals for new Local Rules or revisions to the current Local Rules is Wednesday, September 15, 2021. Interested parties, including members of the Bar and Court employees, may CLICK HERE to submit their recommendations to the Local Rules Lawyers' Advisory Committee.
JUDGE WILLIAMSON'S NEW PROCEDURES FOR COURT APPEARANCES - EFFECTIVE SEPTEMBER 13, 2021 (Posted: Friday, September 10, 2021)
Judge Williamson has issued new Procedures for Court Appearances to be effective September 13, 2021.
CLICK HERE to view the new procedures.
Local Rules Lawyers' Advisory Committee Solicits Proposals for New or Revised Local Rules (Posted: Tuesday, August 3, 2021)
The Local Rules Lawyers' Advisory Committee invites interested parties, including members of the Bar and Court employees, to submit their suggestions, comments, and proposals for proposed new Local Rules or revisions to our current Local Rules. Suggestions should be submitted no later than September 15, 2021.
Click HERE to submit recommendations to the Committee.
THE COURT'S LATEST COURT CONNECTION NEWSLETTER IS CURRENTLY AVAILABLE (Posted: Wednesday, July 28, 2021)
Click HERE to view the July 2021 edition.
JUDGE MCEWEN'S MENTORING PROGRAM FOR NEW BANKRUPTCY LAWYERS (Posted: Tuesday, July 27, 2021)
The next session of Judge McEwen's mentoring program for lawyers new to the practice of bankruptcy law is scheduled virtually for Tuesday, August 17, 2021, from Noon to 1:15 pm by Zoom. Login Information will be provided to the first 100 who RSVP. Judge McEwen's special guests for this program are: Brian Fitzgerald, Esquire (Counsel To Hillsborough County Tax Collector); Patrick Bryant, Esquire (Former Counsel To Manatee County Tax Collector); and Christine Herendeen, Esquire (Chapter 7 Trustee).
Program Title: DEALING WITH AD VALOREM TAX CLAIMS IN BANKRUPTCY
Click HERE to view the full announcement.
AMENDMENTS TO LOCAL RULES EFFECTIVE - AUGUST 1, 2021 (Posted: Thursday, July 15, 2021)
The Bankruptcy Judges of the Middle District of Florida have approved new and amended Local Rules, effective August 1, 2021.
Please click HERE to view a memorandum from Judge Lori V. Vaughan summarizing the changes.
Click HERE to access the new and amended Local Rules.
DUE TO TROPICAL STORM ELSA, THE TAMPA COURTHOUSE AND THE BANKRUPTCY COURT'S TAMPA INTAKE WINDOW WILL BE CLOSED TO THE PUBLIC (Posted: Tuesday, July 6, 2021)
Due to Tropical Storm Elsa, the Tampa Courthouse and the Bankruptcy Court's Tampa intake window will be closed to the public from Tuesday, July 6, 2021 at 3 p.m. until Wednesday, July 7, 2021 at Noon.
Non-CM/ECF Users are encouraged to continue to file documents by email, fax, and U.S. Mail.
CLICK HERE to view Administrative Order FLMB 2021-2 which details filing procedures for parties not represented by an attorney.
AVAILABILITY OF BANKRUPTCY JUDGESHIP POSITION IN THE MIDDLE DISTRICT OF FLORIDA AT JACKSONVILLE (Posted: Wednesday, June 30, 2021)
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 Middle District of Florida at Jacksonville. The position has become available due to the retirement of Judge Cynthia C. Jackson.
Click HERE to view the full notice.
Click HERE to access the application.
IMPORTANT UPDATES TO THE COURT'S PROCEDURE MANUAL (Posted: Tuesday, June 29, 2021)
The following procedures and forms have been updated in the Court's Procedure Manual. Attorneys and their staff members should review these updates and revise their own internal procedures and forms if necessary.
- Negative Notice Legend for Fee Applications. Click HERE for information.
- Motions to Determine Post-petition Fees, Expenses, or Charges under Fed. R. Bankr. P. 3002.1(e). Click HERE for information.
- Form Order Granting Debtor's Motion to Determine Secured Status of Claim and Void Junior Lien. Click HERE for information.
COURTHOUSES WILL BE CLOSED ON FRIDAY, JUNE 18, 2021, IN HONOR OF JUNETEENTH NATIONAL INDEPENDENCE DAY (Posted: Thursday, June 17, 2021)
All courthouses in the Middle District of Florida will be closed on Friday, June 18, 2021, in honor of the new Juneteenth National Independence Day. Any hearings scheduled on June 18, 2021, will be rescheduled. The Office of the United States Trustee advises that unless debtors and their attorneys are otherwise advised, the Chapter 7 trustees and Chapter 13 trustees will conduct telephonic section 341 meetings as scheduled on June 18, if possible. However, Chapter 11 section 341 meetings and Initial Debtor Interviews scheduled for June 18, 2021, will be rescheduled.
NOTICE REGARDING THE UNITED STATES TRUSTEE PROGRAM'S NEW CHAPTER 11 PERIODIC REPORTS (28 C.F.R. Section 58.8) - EFFECTIVE JUNE 21, 2021 (Posted: Wednesday, June 9, 2021)
On December 21, 2020, the U.S. Trustee Program (USTP), as authorized by 28 U.S.C. Section 589b, promulgated "Procedures for Completing Uniform Periodic Reports in Non-Small Business Cases Filed Under Chapter 11 of Title 11 (the "Procedures"). Under the Procedures, Chapter 11 debtors in possession and trustees (other than small business debtors and subchapter V debtors) in every judicial district where the USTP operates are required to file monthly operating reports and post-confirmation reports using uniform, data-embedded forms.
Click HERE to view the full announcement.
JUDGE MCEWEN'S MENTORING PROGRAM FOR NEW BANKRUPTCY LAWYERS (Posted: Friday, May 7, 2021)
The next session of Judge McEwen's mentoring program for lawyers new to the practice of bankruptcy law is scheduled virtually for Monday, June 14, 2021, from Noon to 1:15 pm by Zoom. Login Information will be provided to the first 100 who RSVP. Judge McEwen's special guests for this program are: Michael Barnett, Esquire; Nicole Cameron, Chapter 7 Trustee; and Nathan Wheatley, Trial Attorney, Office of the United States Trustee.
Program Title: DEBTOR'S COUNSEL: NEGLIGENT (OR WORSE) INTAKE? CHANGE YOUR WORST PRACTICES TO BEST PRACTICES TO AVOID SANCTIONS UNDER §§ 526-528 & 105
Click HERE to view the full announcement.
Amended Administrative Order Regarding Interim Bankruptcy Filing Procedures for Parties Not Represented by an Attorney (Administrative Order No. FLMB-2021-2) (Posted: Thursday, April 29, 2021)
The Court's staffed divisions (Jacksonville, Orlando, and Tampa) will reopen to the public on May 3, 2021. However, the Clerk's Offices will operate with minimal staffing and most of our staff will continue to telework from home. To the extent possible, attorneys should continue to communicate with Clerk's Office and judges' chambers staff by telephone and email. Pro se parties may continue to file papers with the Court by mail, fax, email, and drop box.
Click HERE to review Amended Administrative Order Regarding Interim Bankruptcy Filing Procedures for Parties Not Represented by an Attorney (Administrative Order No. FLMB 2021-2).
THE COURT'S LATEST COURT CONNECTION NEWSLETTER IS CURRENTLY AVAILABLE (Posted: Thursday, April 29, 2021)
Click HERE to view the April 2021 edition.
AVAILABILITY OF BANKRUPTCY JUDGESHIP POSITION IN THE MIDDLE DISTRICT OF FLORIDA AT ORLANDO (Posted: Friday, April 9, 2021)
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 Middle District of Florida at Orlando. The position will become available upon the retirement of Judge Karen S. Jennemann in February 2022.
Click HERE to view full notice.
Click HERE to access the application.
AMENDMENTS TO LOCAL RULES AND COMMENT FORM (Posted: Monday, March 15, 2021)
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, 2021. The public comment period ends on April 30, 2021. When promulgated by the judges, the amended and new Local Rules will become effective on July 1, 2021.
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 new and amended Local Rules.
Click HERE to review the proposed new and amended rules.
Click HERE to provide comments regarding the proposed amendments.
CM/ECF PLANNED OUTAGE: MAINTENANCE SCHEDULED FOR MARCH 20-21, 2021 (Posted: Friday, March 5, 2021)
Due to scheduled maintenance, the CM/ECF application will be offline and unavailable from 9:00 a.m. on Saturday, March 20, 2021, to 9:00 p.m. on Sunday, March 21, 2021.
ADMINISTRATIVE ORDER 2021-1 PRESCRIBING PROCEDURES FOR THE FILING, SERVICE, AND MANAGEMENT OF HIGHLY SENSITIVE DOCUMENTS (Posted: Monday, March 1, 2021)
In response to the recent disclosures of widespread breaches of private sector and government computer systems, the Administrative Office of the United States Courts has directed federal courts to establish additional security procedures for the protection of certain highly sensitive documents. The AO's examples of highly sensitive documents include documents relating to applications for electronic surveillance under 18 U.S.C. Section § 2518, initial applications for search warrants, and intellectual property or trade secrets. Generally, the types of documents filed in bankruptcy cases, such as bank records, Social Security records, health records, settlement agreements, and valuation reports, do not meet the description of a highly sensitive document. When appropriate, those types of documents may be filed under seal under Local Rule 5005-4.
Click HERE to view Administrative Order FLMB-2021-1.
JUDGE COLTON'S REVISED CHAPTER 13 HEARING PROCEDURES (Posted: Friday, February 19, 2021)
Effective March 1, 2021, Judge Colton will follow new Chapter 13 hearing procedures. These procedures only affect cases scheduled in front of Judge Colton and do not apply to any other Tampa division judge. A memorandum outlining these new procedures has been posted on Judge Colton's web page located under the Judges/Chambers tab.
Click HERE to read the full memorandum.
JUDGE MCEWEN'S MENTORING PROGRAM FOR NEW BANKRUPTCY LAWYERS (Posted: Thursday, February 18, 2021)
The next session of Judge McEwen's mentoring program for lawyers new to the practice of bankruptcy law is scheduled virtually for Thursday, March 18, 2021, from Noon to 1:15 pm by Zoom. Login Information will be provided to the first 100 who RSVP. Judge McEwen's special guests for this program are: The Honorable Michael G. Williamson, United States Bankruptcy Judge and Nathan Wheatley, Trial Attorney, Office of the United States Trustee.
Program Title: HOW TO AVOID THE "MADNESS" (I) OF EMPLOYMENT/PAYMENT DISPUTES IN CONSUMER AND BUSINESS CASES AND (II) IN "STRATEGIC" CHAPTER 11 CASES
Click HERE to view the full announcement.
CM/ECF PLANNED OUTAGE: MAINTENANCE SCHEDULED FOR FEBRUARY 20-21, 2021 (Posted: Monday, February 8, 2021)
Due to scheduled maintenance, the CM/ECF application will be offline and unavailable from 9:00 a.m. on Saturday, February 20, 2021, to 9:00 p.m. on Sunday, February 21, 2021.
THE COURT'S LATEST COURT CONNECTION NEWSLETTER IS CURRENTLY AVAILABLE (Posted: Friday, January 29, 2021)
Click HERE to view the January 2021 edition.
AVAILABILITY OF BANKRUPTCY JUDGESHIP POSITIONS IN THE MIDDLE DISTRICT OF FLORIDA AT ORLANDO AND JACKSONVILLE (Posted: Friday, December 4, 2020)
The United States Court of Appeals for the Eleventh Circuit seeks applications from highly qualified candidates to fill two positions as United States Bankruptcy Judges in the Middle District of Florida in Jacksonville and Orlando. The Jacksonville position will become available upon the retirement of Judge Jerry Funk in November 2021. The Orlando position will fill a new "temporary judgeship" as authorized by Congress in 2017. Both positions are for fourteen-year appointments.
Click HERE to view full notice.
Click HERE to access the application.
EFFECTIVE DECEMBER 1, 2020 - REVISION TO BANKRUPTCY COURT MISCELLANEOUS FEE SCHEDULE; AMENDMENTS TO FEDERAL RULE OF BANKRUPTCY PROCEDURE 2002(H) AND LOCAL RULE 2002-1; AND FEDERAL RULE OF CIVIL PROCEDURE 30(B)(6) (Posted: Tuesday, December 1, 2020)
The Judicial Conference of the United States has approved inflationary adjustments to the fees on the Bankruptcy Court Miscellaneous Fee Schedule (28 U.S.C. § 1930), effective December 1, 2020. Click HERE for the updated Fee Schedule.
An amendment to Fed. R. Bankr. P. 2002(h), effective December 1, 2020, authorizes bankruptcy courts to limit the mailing of notices required to be sent to creditors in voluntary Chapter 7 cases, Chapter 12 cases, and Chapter 13 cases, after 70 days following the order for relief or the date of the order converting the case to Chapter 12 or 13, to those creditors who have filed proofs of claim. In involuntary Chapter 7 cases, the court may limit the mailing of notices after 90 days following the order for relief to those creditors who have filed proofs of claims. These deadlines are consistent with the times for filing proof of claim under Fed. R. Bankr, P. 3002(c).
The Bankruptcy Judges of the Middle District of Florida have approved an amendment to Local Rule 2002-1 Notice to Creditors and Other Interested Parties, effective December 1, 2020, that is consistent with the amendment to Rule 2002(h).
Click HERE to access amended Local Rule 2002-1
EFFECTIVE DECEMBER 1, 2020 - AMENDMENTS TO THE FEDERAL RULES OF PRACTICE AND PROCEDURE (Posted: Tuesday, December 1, 2020)
Congress has taken no action on the proposed amendments to the Federal Rules of Appellate, Bankruptcy, and Civil Procedure, and the Federal Rules of Evidence, adopted by the Supreme Court and transmitted to Congress on April 27, 2020. Under the Rules Enabling Act, 28 U.S.C. §§ 2071-75, rules take effect today, December 1, 2020.
Click HERE to view the Current Rules of Practice and Procedure.
IN MEMORY OF DENISE MARTIN, COURTROOM DEPUTY TO THE HONORABLE CATHERINE PEEK MCEWEN (APRIL 30, 1956 - NOVEMBER 21, 2020) (Posted: Tuesday, November 24, 2020)
Click HERE to view the Memorial Tribute page.
PORTRAIT CEREMONY FOR FR. C. TIMOTHY CORCORAN, III, RETIRED UNITED STATE BANKRUPTCY JUDGE (Posted: Monday, November 9, 2020)
On November 4, 2020, a portrait presentation ceremony was held for Fr. C. Timothy Corcoran, III, Retired United States Bankruptcy Judge.
Click HERE to view the video ceremony.
THE COURT'S LATEST COURT CONNECTION NEWSLETTER IS CURRENTLY AVAILABLE (Posted: Tuesday, October 27, 2020)
JUDGE MCEWEN'S MENTORING PROGRAM FOR NEW BANKRUPTCY LAWYERS (Posted: Tuesday, October 20, 2020)
The next session of Judge McEwen's mentoring program for lawyers new to the practice of bankruptcy law is scheduled virtually for Wednesday, November 18, 2020, from Noon to 1:30 pm by Zoom. Login Information will be provided to the first 100 who RSVP. Judge McEwen's special guests for this program are: Chief Judge Caryl E. Delano; Dawn Carapella, Chapter 7 Trustee; Douglas Menchise, Chapter 7 Trustee; Kelly Remick, Chapter 13 Trustee; Jon Waage, Chapter 13 Trustee; Guy Van Baalen, Assistant United States Trustee; and Denise Barnett, Trial Attorney, U.S. Trustee Program.
Program Title: THE 4TH QUARTER IN FOUR QUARTERS
Click HERE to view the full announcement.
U.S. DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA POSTS AMENDMENTS TO ITS LOCAL RULES FOR PUBLIC COMMENT - COMMENTS DUE BY OCTOBER 9, 2020 (Posted: Friday, September 18, 2020)
The U.S. District Court for the Middle District of Florida has posted proposed amendments to its Local Rules for public comment. The public comment period ends on October 9, 2020.
Click HERE to view the proposed amendments.
The District Court's announcement and the link to submit a public comment may be found on the District Court's website, www.flmd.uscourts.gov in the Announcements section.
JUDGE MCEWEN'S MENTORING PROGRAM FOR NEW BANKRUPTCY LAWYERS (Posted: Wednesday, September 2, 2020)
The next session of Judge McEwen's mentoring program for lawyers new to the practice of bankruptcy law is scheduled virtually for Wednesday, September 30, 2020, from Noon to 1:30 pm by Zoom. Login Information will be provided to the first 100 who RSVP. Judge McEwen's special guests for this program are: Richard Ellis, Esquire; Mary A. Joyner, Esquire; and Charles Moore, Esquire.
Program Title: Hey Buddy, Can You Spare A Dime? [What Is Your License Worth?] (Best Practices in Due Diligence and Exercising Reasonable Care When Presenting Sworn Statements on the Contents of Public Records to Federal Courts)
Click HERE to view the full announcement.
U.S. TRUSTEE PROGRAM EXTENDS TELEPHONIC SECTION 341 MEETINGS (Posted: Monday, August 31, 2020)
The U.S. Trustee Program has extended its requirement that section 341 meetings be conducted by telephone to the date that is 60 days after the expiration of the President's March 13, 2020 "Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak."
Click HERE to view the full announcement.
LOCAL RULES LAWYERS' ADVISORY COMMITTEE SOLICITS PROPOSALS FOR NEW OR REVISED LOCAL RULES (Posted: Thursday, August 27, 2020)
The Local Rules Lawyers' Advisory Committee invites interested parties, including members of the Bar and Court employees, to submit their suggestions, comments, and proposals for proposed new Local Rules or revisions to our current Local Rules.
Suggestions should be submitted no later than October 15, 2020.
You may click the link below to submit recommendations to the committee.
http://pacer.flmb.uscourts.gov/localrules/comments-with-form.asp
CM/ECF FEE PAYMENT PROCESS PLANNED OUTAGE - MAINTENANCE SCHEDULED FOR AUGUST 22, 2020 (Posted: Friday, August 21, 2020)
Due to scheduled system maintenance, the fee payment process in CM/ECF will be unavailable from 6:00 p.m. to 10:00 p.m. on Saturday, August 20, 2020. Please be aware that although the system maintenance is expected to last four hours it is possible it may be longer. During this time, users may file documents in CM/ECF but will be unable to pay filing fees.
THE COURT'S LATEST COURT CONNECTION NEWSLETTER IS CURRENTLY AVAILABLE (Posted: Thursday, July 30, 2020)
IMPORTANT NOTICE - NCRS WEBSITE OUTAGE AFFECTING THE BANKRUPTCY NOTICING CENTER (Posted: Tuesday, July 21, 2020)
The Bankruptcy Noticing Center advises that a problem with its servers affects the access needed to generate mailing labels in CM/ECF. BNC is working to resolve this problem and hopes that nationwide access will be restored within a few hours. Our Court continues to monitor this issue.
**REMINDER** CM/ECF PLANNED OUTAGE - MAINTENANCE SCHEDULED FOR AUGUST 1, 2020 (Posted: Friday, July 17, 2020)
Due to scheduled maintenance, the CM/ECF application will be offline and unavailable from 9:00 a.m. to 9:00 p.m. on Saturday, August 1, 2020.
AMENDMENTS TO LOCAL RULES EFFECTIVE - AUGUST 1, 2020 (Posted: Thursday, July 16, 2020)
The Bankruptcy Judges of the Middle District of Florida have approved new and amended Local Rules, effective August 1, 2020.
Click HERE to view a memorandum from Chief Judge Caryl E. Delano summarizing the changes.
Click HERE to access the new and amended Local Rules.
SECTION 341 MEETINGS TO BE CONDUCTED BY TELEPHONE FOR CASES FILED THROUGH OCTOBER 10, 2020 (Posted: Wednesday, July 15, 2020)
The U.S. Trustee Program has announced that section 341 meetings will be conducted by telephone in all cases filed through October 10, 2020. However, if the U.S. Trustee or case trustee determines that an in-person examination of the debtor is appropriate, the U.S. Trustee may approve the continuation of the section 341 meeting to an in-person meeting in a manner that complies with local public health guidance.
ADMINISTRATIVE ORDER 2020-7 PRESCRIBING PROCEDURES FOR CHAPTER 13 CASES FILED ON OR AFTER AUGUST 1, 2020, AND REVISED MODEL CHAPTER 13 PLAN, EFFECTIVE AUGUST 1, 2020 (Posted: Thursday, July 9, 2020)
The Court has entered Administrative Order FLMB-2020-7 to clarify and revise several procedures in Chapter 13 cases filed on or after August 1, 2020. The Court has also revised the Model Chapter 13 Plan, effective August 1, 2020.
Click HERE for Chief Judge Delano's July 9, 2020 memorandum outlining the revisions to the Administrative Order and Model Chapter 13 Plan.
Click HERE for the Administrative Order with revisions highlighted.
Click HERE for the Model Plan (PDF) with revisions highlighted.
Click HERE for the Model Plan (Word) with revisions highlighted.
DECLARATIONS UNDER PENALTY OF PERJURY MAY BE FILED IN LIEU OF NOTARIZED AFFIDAVITS (Posted: Wednesday, July 8, 2020)
A message from Chief Judge Caryl E. Delano:
For many years, the practice in the Middle District of Florida has been for counsel and parties to file notarized affidavits when a matter is required to be supported by a sworn declaration. However, a person's declaration under penalty of perjury, as authorized by 28 U.S.C. § 1746, is equally acceptable. In light of the impact of the COVID-19 pandemic on the State of Florida, the need for social distancing, and to avoid unnecessary involvement by notaries public, the judges of the Middle District of Florida encourage parties and attorneys to file declarations under penalty of perjury instead of notarized affidavits.
28 U.S.C. § 1746 provides that whenever a matter if required or permitted to be supported by a sworn declaration or affidavit, the matter may be supported by a unsworn declaration or verification that is made under penalty of perjury, signed, and dated, in substantially the following form:
I declare (or certify, verify, or state) under penalty of perjury [if executed
outside the U.S., include under the laws of the United States of America]
that the foregoing is true and correct. Executed on (date).
(Signature)
NEW PACER WEBSITE (Posted: Monday, June 29, 2020)
Check out PACER's newly redesigned, informational and resource website, https://pacer.uscourts.gov.
The website provides information about how the public can access federal court records electronically and have easy access to PACER and PACER-related applications.
New features include:
- Mobile friendly design;
- New tool to search for court-specific information; Interactive format to search frequently asked questions; Search engine has been optimized to improve content findability;
- JSON and XML feeds of court-specific information; and
- New accessibility tools.
In addition, two PACER applications - Manage My Account and Registration - have new designs to create an improved user experience.
Email any feedback to the PACER Service Center.
JUDGE MCEWEN'S MENTORING PROGRAM FOR NEW BANKRUPTCY LAWYERS (Posted: Friday, June 19, 2020)
The next session of Judge McEwen's mentoring program for lawyers new to the practice of bankruptcy law is scheduled virtually for Wednesday, July 1, 2020, from Noon to 1:30 p.m. by Cisco Meeting App [see attached CMA Quick Guide]. The link will be provided on the day of the program to all who RSVP [for instructions see Page 2 of Flyer]. Judge McEwen's special guests for this program are: Guy Van Baalen, Assistant United States Trustee; Denise Barnett, United States Trustee Trial Attorney; and Steve Pralle, United States Trustee Bankruptcy Auditor.
Program Title - CAUTION: PITFALLS IN CHAPTER 11 CASES (Subchapter V Cases; More on MORS (and QORS); and Best Confirmation Order Practices)
Click HERE to view the full announcement.
Click HERE to view the CMA Quick Guide.
AMENDMENTS TO LOCAL RULES AND COMMENT FORM (Posted: Tuesday, June 16, 2020)
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 June 16, 2020. The public comment period ends on June 30, 2020.
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.
Click HERE to review the proposed amended rules.
Click HERE to provide comments regarding the proposed amendments.
PUBLIC NOTICE - MIDDLE DISTRICT OF FLORIDA BAR LAWYER MEMBERSHIP RENEWAL FEE PAYMENT DUE BY SEPTEMBER 1, 2020 (Posted: Thursday, June 4, 2020)
The periodic renewal period for members of the Middle District of Florida Bar began on June 1, 2020. The renewal fee is $15.00 and must be paid by September 1, 2020 for members to remain in good standing for the September 1, 2020 to August 31, 2025 period.
Click HERE to view the full notice.
Click HERE to view the FLMD Bar Membership Renewal Guide.
CLERK'S OFFICE INTAKE WINDOWS REMAIN CLOSED THROUGH JUNE 30, 2020 (Posted: Monday, May 18, 2020)
Clerk's Office Intake Windows in all Divisions will remain closed until at least June 30, 2020, and until further notice. As directed in Administrative Order FLMB-2020-3, parties who are not represented by an attorney may continue to file bankruptcy petitions and other papers by email, fax, and U.S. Mail or other delivery.
Click HERE to view the Administrative Order.
BANKRUPTCY COURT HEARING PROCEDURES EFFECTIVE MAY 18, 2020 (Posted: Monday, May 18, 2020)
The bankruptcy judges of the Middle District of Florida continue to monitor reports regarding the COVID-19 pandemic and the CDC's recommendations. Until at least June 30, 2020, and until further notice, judges will conduct all non-evidentiary hearings by telephone or by video. On a case-by-case basis, with the input of counsel for the parties, individual judges will determine whether a scheduled evidentiary hearing or trial will be continued, or whether the Court will conduct the hearing or trial in person or by video.
Any party who has a valid basis for requesting the continuance of an evidentiary or non-evidentiary hearing may file a motion to continue. Motions to continue shall include a statement that the movant has conferred with counsel for opposing parties concerning the requested continuance, and the position of the other parties concerning the request.
Additions to the Accompanying Orders List (Posted: Friday, May 1, 2020)
Effective May 1, 2020, the Accompanying Orders List includes two additions: Motions for Extension of Time to File Tax Return and Motions for Approval of Forbearance Agreement. Filers of a Motion for Approval of Forbearance Agreement should use the new CM/ECF docket event "Motion for Approval of Forbearance Agreement." If the debtor enters into a forbearance agreement during a pending Chapter 11, 12, or 13 case, an amendment or modification to the plan may be required. In confirmed Chapter 12 and 13 cases, debtors and their attorneys should consult with the Standing Chapter 13 Trustee regarding whether the debtor must file a motion to modify the confirmed plan.
Click HERE to view the updated Accompanying Orders List.
ADMINISTRATIVE ORDER REGARDING ADOPTION OF INTERIM RULE 1020 (Posted: Wednesday, April 22, 2020)
The Coronavirus Aid, Relief, and Economic Security Act ("CARES Act") signed into law on March 27, 2020, includes temporary amendments to the definitions of "small business debtor" in 11 U.S.C. § 101(51D) and "debtor" in § 1182 (applicable to cases under Subchapter V of Chapter 11), including the increase of the debt limit to $7,500,000. The amendment to § 1182 requires a revision to Interim Rule 1020. The Court has entered Administrative Order FLMB-2020-6 to adopt revised Interim Rule 1020.
Click HERE to view Administrative Order FLMB-2020-6.
ADMINISTRATIVE ORDER REGARDING MODIFICATION OF THE AUTOMATIC STAY IN CONNECTION WITH FORBEARANCE AGREEMENTS (Posted: Tuesday, April 21, 2020)
The coronavirus (COVID-19) pandemic has resulted in financial hardship for many debtors in pending bankruptcy cases. In order to facilitate communications between debtors and creditors regarding possible forbearance agreements, the Court has entered Administrative Order FLMB-2020-5. The Administrative Order modifies the automatic stay to permit creditors to communicate with pro se debtors if the debtor has initiated a request for a forbearance agreements and to communicate with debtors' counsel if the debtor is represented by an attorney.
Click HERE to view Administrative Order FLMB-2020-5.
PUBLIC NOTICE REGARDING THE CARES ACT AND AMENDMENTS TO OFFICIAL FORMS (Posted: Thursday, April 9, 2020)
On March 27, Congress passed and the President signed into law the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"). Section 1113 of that legislation made several changes to the Bankruptcy Code, most of them temporary, to provide financial assistance during the coronavirus crisis.
The enactment of the CARES Act requires one-year amendments to five official forms to account for a new definition of "debtor" applicable to subchapter V of chapter 11 and a new exclusion from the definitions of "current monthly income" and "disposable income" Because the Act took effect immediately upon enactment and its bankruptcy provisions are of limited duration, the Advisory Committee on Bankruptcy Rules has exercised the authority delegated to it by the Judicial Conference to make conforming technical changes to five bankruptcy forms (Official Forms 101, 122A-1, 122B, 122C-1, and 201).
The amended forms are available for immediate use and the link has been added to the Forms section of The Source.
Click HERE to view the full notice and for links to the amended official forms.
Click HERE to the Procedure Manual and Forms section of The Source.
OFFICE OF THE U.S. TRUSTEE ANNOUNCES TELEPHONIC SECTION 341 MEETINGS IN ALL BANKRUPTCY CASES AND TELEPHONIC CHAPTER 11 INITIAL DEBTOR INTERVIEWS (Posted: Friday, April 3, 2020)
In light of the recommendations of the CDC regarding the spread of the COVID-19 virus, effectively immediately and until further notice, the United States Trustee for Region 21 has directed that all Meetings of Creditors under 11 U.S.C. § 341 in all bankruptcy cases, and all Initial Debtor Interviews in Chapter 11 and Subchapter V cases, be conducted by telephone conference.
For cases in which the initial § 341 meeting was postponed (generally, cases in which the initial § 341 meeting was scheduled between March 17, 2020 and April 10, 2020) and until further notice in all newly filed cases, the Court will issue Notices of Case Filing that include information regarding the telephonic § 341 Meeting. The Notices of Case Filing will include the "dial in" telephone number for the appointed trustee or the U.S. Trustee's Office, a participant passcode, and the time of the telephonic meeting. This information will also be provided in notices of the Initial Debtor Interview in Chapter 11 and Subchapter V cases.
The U.S. Trustee's Office requests that all attorneys and their clients cooperate in making this process work as smoothly as possible under these difficult and unprecedented circumstances.
Click HERE for instructions for accessing the telephonic § 341 Meetings and Initial Debtor Interviews.
UPDATED DISTRICT-WIDE TELEPHONIC APPEARANCES PROCEDURE (Posted: Tuesday, March 31, 2020)
Effective March 31, 2020, the Middle District of Florida has updated its Telephonic Appearances Procedure, applicable in all Divisions. Parties appearing before the Court are urged to review the updated procedure. The following are important highlights:
- If possible, parties appearing telephonically should use a landline rather than a cell phone. Parties shall not use cell phones while in public spaces or while driving or riding in an automobile. If a cell phone is used, parties shall ensure that they have a strong cellular phone system or use the Wi-Fi calling option on their phones.
- Counsel shall not connect their clients to the telephonic hearing by "conference call." If the client wishes to listen in, the client must separately call into the hearing.
- When not addressing the Court, parties shall place their calls on "mute".
- When addressing the Court, parties shall not use the speaker phone or the "hands-free" feature of their phones.
- If the Court cannot understand an attorney attending a hearing by telephone, the Court may, in its discretion, continue the hearing, request the attorney to file a written argument, or rule on the matter before it without consideration of the attorney's statements.
CLERK'S OFFICE INTAKE WINDOWS CLOSED EFFECTIVE MARCH 23, 2020; FILING PROCEDURES FOR PRO SE PARTIES (Posted: Monday, March 23, 2020)
Due to the impact of the coronavirus (COVID-19) on our local communities, effective March 23, 2020, the Bankruptcy Court has closed the Intake Windows in all Divisions. The Court has entered Administrative Order FLMB-2020-3 to authorize pro se filers to file bankruptcy petitions and other papers by email, fax, and U.S. Mail or other delivery.
Click HERE to view the Administrative Order.
EFFECTIVE IMMEDIATELY - ADDITIONAL LANGUAGE REQUIREMENT FOR ALL NOTICES OF HEARING (Posted: Monday, March 23, 2020)
Effective immediately, all attorney prepared notices of hearing must include telephonic access information and the following language: Telephonic Appearance Requirement. Effective March 16, 2020, and continuing until further notice, Judges in all Divisions will conduct all preliminary and non-evidentiary hearings by telephone. For Judges Colton and Williamson, parties should arrange a telephonic appearance through Court Solutions (www.court-solutions.com). For Judges Delano, Funk, Jackson, Jennemann, McEwen, and Vaughan, parties should arrange a telephonic appearance through Court Call (866-582-6878).
Sample notices of hearing are located in the Attorney Notices of Hearing procedure located in the Procedure Manual and Forms section of The Source.
Click HERE for the sample Notice of Hearing - Bankruptcy.
Click HERE for the sample Notice of Hearing - Adversary.
Temporary Suspension of Attorneys' Obligation to Obtain Original Client Signatures Prior to Filing Signed Papers (Posted: Monday, March 23, 2020)
The Bankruptcy Court has entered Administrative Order FLMB-2020-4. Effective March 23, 2020, attorneys may, under certain circumstances, file papers, including bankruptcy petitions and schedules, that are signed by their clients without first having obtained possession of the client’s original signature.
Click HERE to view the Administrative Order.
EXTENSIONS OF CERTAIN DEADLINES (Posted: Wednesday, March 18, 2020)
In light of the Office of the United States Trustee's having postponed all Sec. 341 meetings of creditors scheduled through April 10, 2020, the Court has entered Administrative Order FLMB-2020-2 to extend certain deadlines that relate to the date first set for the Sec. 341 meeting.
Click HERE to view the Administrative Order.
OFFICE OF THE U.S. TRUSTEE ANNOUNCES CONTINUANCE OF ALL SECTION 341 MEETINGS (Posted: Monday, March 16, 2020)
Effective immediately, all in-person chapter 7, 12, and 13 section 341 meetings scheduled through April 10, 2020, in the Middle District of Florida are hereby continued until a later date to be determined. Absent special circumstances, section 341 meetings may not proceed during this period except through telephonic or other alternative means not requiring personal appearance by debtors. Appropriate notice will be provided to parties in accordance with bankruptcy law and rules.
Meetings already noticed as telephonic meetings may proceed as scheduled.
Click HERE to view the full announcement.
BANKRUPTCY COURT HEARING PROCEDURES EFFECTIVE MARCH 16, 2020 (Posted: Friday, March 13, 2020)
A message from Chief Judge Caryl E. Delano:
The bankruptcy judges of the Middle District of Florida are monitoring reports regarding the Coronavirus Disease known as COVID-19. In light of the U.S. Centers for Disease Control's recommendation that everyone avoid crowds and exercise "social distancing," effective Monday, March 16, 2020, and continuing until further notice, the Court has implemented the following policies:
- Judges in all Divisions will conduct all non-evidentiary hearings by telephone. Attorneys should arrange to appear via CourtCall or CourtSolutions as indicated on each judge's webpage (www.flmb.uscourts.gov). Both CourtCall and CourtSolutions have agreed to waive their charges for pro se parties. A party who is not represented by counsel and is unable to coordinate with CourtCall or CourtSolutions should contact the judge's courtroom deputy. Contact information is listed on each judge's webpage.
- Individual judges may determine to continue evidentiary hearings and trials that are not time-sensitive. In that event, Court staff will contact counsel for the parties and an order continuing the hearing or trial will be entered.
- Any party who has a valid basis for requesting the continuance of an evidentiary or non-evidentiary hearing may file a motion to continue. Motions to continue shall include a statement that the movant has conferred with counsel for opposing parties concerning the requested continuance, and the position of other parties concerning the request.
Notice from the Orlando Division of the United States Bankruptcy Court (Posted: Wednesday, March 11, 2020)
To limit exposure to the COVID-19 virus while maintaining our mission to the keep the U.S. Bankruptcy Court up and running, please follow all guidance of the Centers for Disease Control and Prevention, including staying home if you are ill. The Orlando Division of the U.S. Bankruptcy Court will immediately implement two changes: (1) All 341 Meetings will occur on the 6th floor in Courtrooms B and D; and (2) Attorneys appearing in the Orlando Division are encouraged to appear by telephone when appropriate, even if you are resident in the Orlando Division.
Click HERE to view the full announcement.
JUDGE LORI V. VAUGHAN SWORN IN AS MIDDLE DISTRICT OF FLORIDA BANKRUPTCY JUDGE (Posted: Tuesday, March 3, 2020)
ORLANDO, FL - On February 25, 2020, the Honorable Lori V. Vaughan was sworn in as the newest bankruptcy judge of the United States Bankruptcy Court for the Middle District of Florida. Prior to her appointment, Judge Vaughan was a partner at Trenam Law in Tampa, Florida. Judge Vaughan will preside in the Orlando Division and conduct hearings in Courtroom 6C of the George C. Young United States Courthouse.
Click HERE to view the press release.
**AMENDED DATE** CM/ECF Planned Outage: Maintenance Scheduled for February 17, 2020 (Posted: Thursday, February 13, 2020)
Due to a maintenance release of CM/ECF, the CM/ECF Application will be unavailable from 8:00 a.m. to 5:00 p.m. on Monday, February 17, 2020.
CM/ECF Planned Outage: Maintenance Scheduled for February 22, 2020 (Posted: Tuesday, February 4, 2020)
Due to a maintenance release of CM/ECF, the CM/ECF Application will be unavailable from 8:00 a.m. to 5:00 p.m. on Saturday, February 22, 2020.
The Court's latest Court Connection Newsletter is currently available (Posted: Tuesday, January 28, 2020)
Click HERE to view the January 2020 edition.
Judge McEwen's Mentoring Program for New Bankruptcy Lawyers (Posted: Monday, January 27, 2020)
The next session of Judge McEwen's mentoring program for lawyers new to the practice of bankruptcy law is scheduled for Wednesday, February 12, 2020, from Noon to 1:30 p.m. in the bankruptcy court's training room on the 5th floor, Sam M. Gibbons U.S. Courthouse in Tampa. The program is open to all new and experienced lawyers. Judge McEwen's special guest for this program is: Betsy C. Cox, Esquire.
Program Description: The Do's and Don'ts of Discovery
Click HERE to view the full announcement.
**AMENDED CM/ECF OUTAGE TIME** CM/ECF Planned Outage: Maintenance Scheduled for January 18 - 20, 2020 (Posted: Friday, January 17, 2020)
Due to a maintenance release of CM/ECF, the CM/ECF Application will be unavailable from 1:00 a.m. Saturday, January 18, 2020, through 9:00 p.m. Monday, January 20, 2020.
CM/ECF Application unavailable - Reminder (Posted: Tuesday, January 14, 2020)
Due to a maintenance release of CM/ECF, the CM/ECF Application will be unavailable from 8:00 a.m. Saturday, January 18, 2020, through 9:00 p.m. Monday, January 20, 2020.
Office Closures - Holidays (Posted: Friday, December 20, 2019)
The U.S. Bankruptcy Court for the Middle District of Florida clerk's office in Jacksonville and Orlando will close on Tuesday, December 24, 2019. The clerk's office in Tampa will be open on Tuesday, December 24. Any person in need of court services (in any of the divisions) on Tuesday, December 24, can contact the Tampa Division clerk's office:
San M. Gibbons United States Courthouse
801 North Florida Avenue, Suite 555
Tampa, FL 33602
Tampa division phone numbers:
(813) 301-5046 or (813) 301-5070
CM/ECF Planned Outage: Maintenance Scheduled for January 18 - 20, 2020 (Posted: Wednesday, December 18, 2019)
Due to a maintenance release of CM/ECF, the CM/ECF Application will be unavailable from 8:00 a.m. Saturday, January 18, 2020, through 9:00 p.m. Monday, January 20, 2020.
December 1, 2019 Amendments to the Federal Rules of Bankruptcy Procedure (Posted: Wednesday, December 4, 2019)
The following amendments to the Federal Rules of Bankruptcy Procedure took effect on December 1, 2019:
- Rule 4001(c) - Amended to clarify that Rule 4001(c), "Obtaining Credit," does not apply in Chapter 13 cases.
- Rule 6007 - Amended to specify service requirements for motions to compel the trustee or debtor in possession to abandon property and a 14 day objection deadline. To implement this amendment, the Court has revised the Negative Notice list to shorten the response period for Motions to Compel Abandonment from 21 days to 14 days.
- Rule 9036 - Amended to provide that notice to or service on a registered user is complete upon the filing of the notice or paper with the court's electronic-filing system (CM/ECF). The amended rule does not apply to pleadings or papers required to be served in accordance with Rule 7004.
- Rule 9037 - Amended to add new paragraph (h) regarding motions to redact previously filed documents and for the court to restrict public access to the motion and the unredacted documents pending its ruling on the motion. To implement this amendment, the CM/ECF filing event "Motion to Redact" has been programmed to automatically restrict the viewing of a motion to redact to the filer, the trustee (if any), and the U.S. Trustee.
Judge McEwen's Mentoring Program for New Bankruptcy Lawyers (Posted: Tuesday, November 19, 2019)
The next session of Judge McEwen's mentoring program for lawyers new to the practice of bankruptcy law is scheduled for Tuesday, December 17, 2019, from Noon to 1:30 p.m. in the bankruptcy court's training room on the 5th floor, Sam M. Gibbons U.S. Courthouse in Tampa. The program is open to all new and experienced lawyers. Judge McEwen's special guest for this program is: John Lesko, Florida Lawyers Assistance Outreach Representative.
Program Description: The Features of a Legal Practice - How and Why Lawyers Are So Often Impacted by the Stressors Inherent to the Profession
Click HERE to view the full announcement.
Public Comment Requested - Interim Bankruptcy Rules to Accompany the Small Business Reorganization Act of 2019, P.L. 116-54 (SBRA) (Posted: Wednesday, October 30, 2019)
On February 19, 2020, the Small Business Reorganization Act of 2019, P.L. 116-54 (SBRA) will go into effect - long before the normal three-year rules amendment process runs its course. As a temporary measure, the Advisory Committee on Bankruptcy Rules has drafted Interim Bankruptcy Rules for adoption by courts as local rules or by general order when the SBRA goes into effect. The Advisory Committee has also drafted amendments to the Official forms to address the SBRA. The Standing Committee now seeks comment on the proposed SBRA rules and forms prior to making final recommendations.
- Interim Bankruptcy Rules 1007(b), 1007(h), 1020, 2009, 2012(a), 2015, 3010(b), 3011, and 3016.
- Official Forms 101, 201, 309E, 309F, 314, 315, 425A, and new Official Forms 309E2, and 309F2
Click HERE to view the Draft of the proposed amendments and supporting materials.
Click HERE to submit or view comments on the Proposed Interim Bankruptcy Rules and Official Forms.
Click HERE to view detailed instructions on how to submit a comment.
The Court's latest Court Connection Newsletter is currently available (Posted: Tuesday, October 22, 2019)
Click HERE to view the October 2019 edition.
Judge McEwen's Mentoring Program for New Bankruptcy Lawyers (Posted: Thursday, October 17, 2019)
The next session of Judge McEwen's mentoring program for lawyers new to the practice of bankruptcy law is scheduled for Wednesday, October 23, 2019, from Noon to 1:30 p.m. in the bankruptcy court's training room on the 5th floor, Sam M. Gibbons U.S. Courthouse in Tampa. The program is open to all new and experienced lawyers.
Program Title: Town Hall Meeting to Brainstorm Ways to Stop Abusive Serial Filers
Click HERE to view the full announcement.
CM/ECF Planned Outage - Maintenance Scheduled (October 12 - 14, 2019) - POSTPONED (Posted: Friday, October 11, 2019)
Due to technical reasons beyond our control the CM/ECF maintenance that was scheduled has been postponed.
The system will be available the Columbus day weekend October 12-14, 2019.
CM/ECF Planned Outage - Maintenance Scheduled (October 12 - 14, 2019) - POSTPONED (Posted: Wednesday, October 2, 2019)
Due to a maintenance release of CM/ECF, the CM/ECF Application will be unavailable from 8:00 a.m. Saturday, October 12, 2019, through 9:00 p.m. Monday, October 14, 2019. POSTPONED
Bankruptcy Judge Caryl E. Delano appointed Chief Bankruptcy Judge (Posted: Tuesday, September 24, 2019)
The United States District Court for the Middle District of Florida has appointed Judge Caryl E. Delano as the Middle District's chief bankruptcy judge for a four-year term commencing October 1, 2019. Judge Delano succeeds Judge Michael G. Williamson, whose term as chief judge ends on September 30, 2019.
Third Amended Administrative Order Prescribing Procedures for Student Loan Management Program, FLMB-2019-5 (Posted: Friday, September 20, 2019)
The United States Bankruptcy Court for the Middle District of Florida posted an updated Administrative Order: FLMB-2019-5, Third Amended Order Prescribing Procedures for Student Loan Management Program. The amended order clarifies the procedures set forth in the Amended Administrative Order Prescribing Procedures for Student Loan Modification (Admin. Order. No. FLMB-2019-2) and the Second Amended Administrative Order Prescribing Procedures for Student Loan Modification (Admin. Order. No. FLMB-2019-4).
Click HERE to view Administrative Order FLMB-2019-5.
C.A.R.E. Kickoff Orientation - Tampa, Florida (Posted: Friday, September 20, 2019)
An orientation luncheon for the C.A.R.E. program will be held on October 9, 2019, at 12:00 p.m. in the Sam M. Gibbons U.S. Courthouse fifth floor bankruptcy training room in Tampa.
Click HERE to view the full announcement.
CLOSING OF UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA - JACKSONVILLE DIVISION - DUE TO HURRICANE DORIAN (Posted: Tuesday, September 3, 2019)
The United States Bankruptcy Court's Jacksonville Division will remain CLOSED on Wednesday, September 4, 2019.
All court hearings scheduled during this period are cancelled. Attorneys and the public will NOT be able to conduct routine business in person at the United States Bankruptcy Court's Jacksonville division.
The Jacksonville division of the court is expected to resume normal business operations on Thursday, September 5, 2019. The Orlando division of the court will resume normal business operations on Wednesday, September 4, 2019. The public is advised to continue to check the court's website at www.flmb.uscourts.gov and listen to all local news broadcasts for information on the status of federal court operations in each division.
CLOSING OF UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA - ORLANDO and JACKSONVILLE DIVISIONS - DUE TO HURRICANE DORIAN (Posted: Monday, September 2, 2019)
The United States Bankruptcy Court Orlando and Jacksonville Divisions will be CLOSED on Tuesday, September 3, 2019.
All court hearings scheduled during this period are cancelled. Attorneys and the public will NOT be able to conduct routine business in person at the United States Bankruptcy Court Orlando of Jacksonville Divisions.
Additionally, the Office of the United States Trustee has cancelled ALL Section 341 meetings of creditors scheduled for Tuesday, September 3, 2019 in Orlando.
The Orlando and Jacksonville divisions of the court are expected to resume normal business operations on Wednesday, September 4, 2019. The public is advised to continue to check the court's website at www.flmb.uscourts.gov and listen to all local news broadcasts for information on the status of federal court operations in each Division.
CLOSING OF UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA - ORLANDO - DUE TO HURRICANE DORIAN (Posted: Sunday, September 1, 2019)
The United States Bankruptcy Court Orlando Division will be CLOSED on Tuesday, September 3, 2019.
All court hearings scheduled during this period are cancelled. Attorneys and the public will NOT be able to conduct routine business in person at the United States Bankruptcy Court Orlando Division.
Additionally, the Office of the United States Trustee has cancelled ALL Section 341 meetings of creditors scheduled for Tuesday, September 3, 2019 in Orlando.
The Orlando division of the court is expected to resume normal business operations on Wednesday, September 4, 2019. The public is advised to continue to check the court's website at www.flmb.uscourts.gov and listen to all local news broadcasts for information on the status of federal court operations in each Division.
Due to Hurricane Dorian, All September 3, 2019 Hearings in Fort Myers Division Are Cancelled (Posted: Friday, August 30, 2019)
Please see the attached Memorandum from the Hon. Caryl E. Delano, Presiding Judge of the Fort Myers Division regarding Rescheduling of September 3, 2019 Hearings and meetings of creditors under § 341 of the Bankruptcy Code. The Memorandum may be viewed by Clicking Here.
Second Amended Administrative Order Prescribing Procedures for Student Loan Management Program, FLMB-2019-4 (Posted: Wednesday, August 28, 2019)
The United States Bankruptcy Court for the Middle District of Florida posted an updated Administrative Order: FLMB-2019-4, Second Amended Order Prescribing Procedures for Student Loan Management Program. This amended order changes the effective date from September 1, 2019, to October 1, 2019.
Click HERE to view Administrative Order FLMB-2019-4.
Revised Chapter 13 Model Plan Effective September 1, 2019 (Posted: Friday, August 23, 2019)
The Middle District of Florida's Model Chapter 13 Plan has been revised, effective September 1, 2019. The revised Model Plan more clearly informs debtors that if they elect certain plan treatments of secured claims, they will not receive a discharge of those claims. See Sections C.(5)(a), (b), (c), (h), (i), and (k), and Sections 6.(a) and (b). In addition, Sections 5.(a) and (b) clarify that debtors may cure arrearages on homeowner's and condominium assessments and may, but need not, include the payment of post-petition assessments in their plan payments. The revised Model Plan also includes several non-substantive revisions.
Click HERE to view the fillable form.
Click HERE to view the non-fillable form.
Judge McEwen's Mentoring Program for New Bankruptcy Lawyers (Posted: Wednesday, August 7, 2019)
The next session of Judge McEwen's mentoring program for lawyers new to the practice of bankruptcy law is scheduled for Wednesday, August 28, 2019, from Noon to 1:30 p.m. in the bankruptcy court's training room on the 5th floor, Sam M. Gibbons U.S. Courthouse in Tampa. Judge McEwen's special guest for this program is: Sue-Helen Motley, Esquire, Bay Area Legal Services.
Program Title: THE GREYING DEBTOR CLASS - Curing Reverse Mortgage Defaults; Elder Fraud; Death Issues; and Foreclosure Strategies
Click HERE to view the full announcement.
Program Title: THE GREYING DEBTOR CLASS - Curing Reverse Mortgage Defaults; Elder Fraud; Death Issues; and Foreclosure Strategies
Click HERE to view the full announcement.
Administrative Order Governing Retention of Special Counsel in Consumer Protection Cases, FLMB-2019-3 (Posted: Thursday, August 1, 2019)
The United States Bankruptcy Court for the Middle District of Florida has established procedures for the retention of special counsel in Consumer Protection Cases. These procedures will assist the Court in administering the large number of Consumer Protection cases filed with the Court.
Click HERE to view Administrative Order FLMB-2019-3.
Amended Administrative Order Prescribing Procedures for Student Loan Modification Program, FLMB-2019-2 (Posted: Wednesday, July 31, 2019)
The United States Bankruptcy Court for the Middle District of Florida posted an updated Administrative Order: FLMB-2019-2, Amended Order Prescribing Procedures for Student Loan Modification Program. This amended order changes the effective date from August 1, 2019, to September 1, 2019.
Click HERE to view Administrative Order FLMB-2019-2.
Click HERE to view Administrative Order FLMB-2019-2.
The Court's latest Court Connection Newsletter is currently available (Posted: Thursday, July 25, 2019)
Click HERE to view the July 2019 edition.
Memorial Tribute to the Honorable Paul M. Glenn, United States Bankruptcy Judge (November 24, 1993 - July 7, 2019) (Posted: Tuesday, July 9, 2019)
The United States Bankruptcy Court for the Middle District of Florida is saddened to announce the Honorable Paul M. Glenn passed away on July 7, 2019. Judge Glenn was a true gentleman who was as wise as he was kind. He served the Middle District of Florida with honor and distinction and he will be greatly missed by his colleagues in this District and his extended court family in Tampa and Jacksonville. A memorial service for Judge Glenn will be held on Saturday, July 13, 2019, at 11:00 a.m., at Southside United Methodist Church, 3120 Hendricks Avenue, Jacksonville, Florida 32207.Judge Glenn was appointed to the United States Bankruptcy Court for the Middle District of Florida, Tampa Division, in 1993. In June 2008, Judge Glenn transferred from the Tampa Division to the Jacksonville Division. From March 2003 to September 2011, Judge Glenn served as Chief Bankruptcy Judge for the Middle District of Florida. In 2013, he was appointed to the Committee on the Budget of the Judicial Conference of the United States and served until 2017.
Judge Glenn graduated from Duke University School of Law in 1970, where he was President of the Law School student body. He received his undergraduate degree cum laude from Florida State University, where he was selected to Phi Beta Kappa, Phi Kappa Phi, Phi Eta Sigma, Omicron Delta Kappa, and Gold Key. He attended F.S.U. on a basketball scholarship, and in his senior year was selected as Most Valuable Player on the Varsity Basketball team. He learned the principles of teamwork and problem-solving as a college athlete, and those principles helped shape his career.
Judge Glenn practiced corporate, commercial, banking, and insurance law in Jacksonville and Miami, Florida, during the 1970's. During the 1980's he served as the Chief Executive and Chief Administrative Officer of two insurance companies, and in 1984 he received the Distinguished Service Award from the Florida Association of Domestic Insurance Companies. He practiced corporate and commercial law and litigation in the early 1990's and was appointed as a United States Bankruptcy Judge in 1993.
During his career as a Bankruptcy Judge, Judge Glenn was active in local, state, and national bar and professional activities.
With the National Conference of Bankruptcy Judges, he served as a Director of the Endowment for Education, a member of the Finance Committee, the Budget Policy Committee, the By-Laws Committee, the Outreach Committee, and the Next Generation Planning Committee, and as a Liaison to the Commercial Law League and the Federal Bar Association.
He was a featured speaker or panelist at continuing legal education sessions for the American Bar Association, the American Bankruptcy Institute, the National Conference of Bankruptcy Judges, the American College of Bankruptcy, the Commercial Law League of America, the Turnaround Managers Association, the Equipment Leasing and Finance Association, The Florida Bar, the Florida Institute of Certified Public Accountants, and local bar associations. He was a guest lecturer at the University of Florida and Stetson University Colleges of Law, and at Florida Coastal School of Law. Also, he was a contributing editor for the Norton Handbook for Bankruptcy Trustees, Debtors in Possession, and Committees.
In March 2005, Judge Glenn was inducted as a Fellow in the American College of Bankruptcy.
In May 2007, he was honored by the Hillsborough County Bar Association with the Robert W. Patton Outstanding Jurist Award.
He traveled to St. Petersburg, Russia, on an international Judges visitation, and spoke to visiting Judges from Russia. He was a speaker at international seminars in Budapest, Hungary and in Toronto, Canada.
He served as President and a Director of the Ferguson-White American Inn of Court in Tampa, Florida. In 2010, Judge Glenn was elected to the National Board of Trustees of the American Inns of Court Foundation. More recently, Judge Glenn served as President of the Chester Bedell American Inn of Court in Jacksonville, which was awarded Platinum status in the Achieving Excellence Program.
In 2014, he received the Distinguished Service Award from the Bankruptcy Inn Alliance of the America Inns of Court at the National Conference of Bankruptcy Judges.
Availability of a Bankruptcy Judge Position In The Middle District of Florida at Orlando (Posted: Tuesday, June 18, 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 Middle District of Florida at Orlando.
Please note all applications must be submitted by potential nominees to the Circuit Executive's Office and must be received by August 1, 2019.
Click HERE to view the full notice.
Click HERE to access the application.
The Retirement of the Honorable Paul M. Glenn, United States Bankruptcy Judge (Posted: Friday, June 14, 2019)
Yesterday, June 12, 2019, Bankruptcy Judge Paul M. Glenn submitted a letter announcing his retirement effective upon the appointment of a successor.
Judge Glenn has been a beloved member of the Bankruptcy bench in the Middle District of Florida since his appointment in 1993 where he initially served in the Tampa division of the court. In June 2008, Judge Glenn transferred from the Tampa division to the Jacksonville division. From March 2003 to September 2011, Judge Glenn served as the Chief Bankruptcy Judge for the Middle District of Florida.
During Judge Glenn's distinguished career with the court, he presided over a number of notable cases, which include the Celotex Corporation, the Amelia Island Plantation, and the Sawgrass Marriott Golf Resort & Spa. He also served on the Committee on the Budget of the Judicial Conference of the United States from 2013-2017.
Judge Glenn will be greatly missed by the court and by the legal communities in the Middle District of Florida. Bankruptcy Judge Cynthia Jackson plans to request a change in her duty station to relocate from the Orlando division to the Jacksonville division to fill the vacancy created by Judge Glenn's retirement. The Circuit Court of Appeals is expected to commence promptly a recruitment for a successor judge for the Orlando division.
Important Notice: Orlando Division Closure at 1:00 p.m. on Tuesday, June 18, 2019 (Posted: Wednesday, June 12, 2019)
In the interest of public safety due to area road congestion and accessibility issues, the Orlando Division of the United States Bankruptcy Court for the Middle District of Florida will close no later than 1:00 p.m. on Tuesday, June 18, 2019.
During this closure all parties needing immediate court services should contact the Clerk's Office in either the Jacksonville (904-301-6490) or Tampa Division (813-301-5162).
Administrative Order Prescribing Procedures for Student Loan Modification Program, FLMB-2019-1 (Posted: Monday, June 10, 2019)
The United States Bankruptcy Court for the Middle District of Florida has established procedures for individual debtors to seek options for the repayment of student loans under the administrative oversight of the Bankruptcy Court. The new procedures utilize an online portal for secure communications between debtors and student loan lenders and will facilitate the parties in reaching mutually beneficial agreements for the payment of student loans. The Court's Administrative Order Prescribing Procedures for Student Loan Modification Program, FLMB-2019-1, becomes effective on August 1, 2019.
Click HERE to view Administrative Order FLMB-2019-1.
The Bankruptcy Judges of the Middle District of Florida have approved new and amended Local Rules, effective July 1, 2019 (Posted: Friday, May 31, 2019)
Please click here to view a memorandum from Hon. Caryl E. Delano summarizing the changes.
Click HERE to access the new and amended Local Rules.
REMINDER - Survey About Procedure Manual (Posted: Friday, May 24, 2019)
The United States Bankruptcy Court for the Middle District of Florida is evaluating The Source and Procedure Manual on the Court's website. We value your input and want to ensure we meet your needs. Please take a few minutes to give us your opinions and suggestions by completing a quick six question survey. The survey will close on May 30, 2019. The Court thanks you for your participation in this anonymous survey.
Here is a link to the survey: https://www.surveymonkey.com/r/T3MWK3K
Judge McEwen's Mentoring Program for New Bankruptcy Lawyers (Posted: Friday, May 17, 2019)
The next session of Judge McEwen's mentoring program for lawyers new to the practice of bankruptcy law is scheduled for Thursday, June 20, 2019, from Noon to 1:30 p.m. in the bankruptcy court's training room on the 5th floor, Sam M. Gibbons U.S. Courthouse in Tampa. Judge McEwen's special guests for this program are: J. Steven Wilkes, Trial Attorney, U.S. Trustee's Office; Nathan Wheatley, Trial Attorney, U.S. Trustee's Office; Jonathan A. Semach, Law Office of Buddy D. Ford, P.A.; and Steven W. Pralle, Bankruptcy Auditor, U.S. Trustee's Office.
Program Title: A REFRESHER ON TRICKS AND TRAPS OF MORs, QORs, AND HOW TO GET A FINAL DECREE
Click HERE to view the full announcement.
CM/ECF MAINTENANCE SCHEDULED: Saturday, May 18, 2019, between 5:00 a.m. and 1:00 p.m. (Posted: Monday, May 13, 2019)
CM/ECF will undergo maintenance on Saturday, May 18, 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.
The Court's latest Court Connection Newsletter is currently available (Posted: Thursday, April 25, 2019)
Click HERE to view the April 2019 edition.
AMENDMENTS TO LOCAL RULES AND COMMENT FORM (Posted: Friday, March 15, 2019)
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.
Click here to review the proposed new and amended rules.
Click here to provide comments regarding the proposed amendments.
Automatic Adjustments of Certain Dollar Amounts in Bankruptcy Code and Official and Director's Bankruptcy Forms (Posted: Monday, March 11, 2019)
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.
- 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).
Updated Middle District of Florida Model Chapter 13 Plan (Posted: Thursday, February 28, 2019)
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.
Programmer Analyst Position, Announcement No. 19-02 (Posted: Thursday, January 31, 2019)
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.
Click HERE for full vacancy announcement.
The Court's latest Court Connection Newsletter is currently available (Posted: Thursday, January 24, 2019)
Click HERE 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.
Click HERE to view the full notice.
Click HERE 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.
Click HERE to view the full notice.
Click HERE 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 “mission critical work†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 ecfhelp@flmb.uscourts.gov.
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.
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.
Click HERE to view the Public Notice.
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.
Click HERE to view the Public Notice.
The Court's latest Court Connection Newsletter is currently available. (Posted: Thursday, October 25, 2018)
Click HERE to view the October 2018 edition.
CM/ECF MAINTENANCE SCHEDULED: Saturday, October 20, 2018, between 5:00 a.m. and 1:00 p.m (Posted: Thursday, October 4, 2018)
CM/ECF will undergo maintenance on Saturday, October 20, 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.
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
Montgomery.
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.
position of Bankruptcy Administrator in the Middle District of Alabama, stationed at
Montgomery.
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.
CM/ECF MAINTENANCE SCHEDULED: Saturday, September 22, 2018, between 5:00 a.m. and 1:00 p.m. (Posted: Wednesday, September 5, 2018)
CM/ECF will undergo maintenance on Saturday, September 22, 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.
Judge McEwen's Mentoring Program for New Bankruptcy Lawyers (Posted: Thursday, August 30, 2018)
The next session of Judge McEwen’s mentoring program for lawyers new to the practice of bankruptcy law is scheduled for Tuesday, September 25, 2018 from Noon to 1:30 p.m. in the bankruptcy court’s training room on the 5th floor, Sam M. Gibbons U.S. Courthouse in Tampa. Judge McEwen’s special guest for this program is: Nathan Wheatley, United States Trustee
Program Title: Coming Back from the Dark Side
Program Title: Coming Back from the Dark Side
Local Rules Lawyers' Advisory Committee Solicits Proposals for New or Revised Local Rules (Posted: Wednesday, August 1, 2018)
The Local Rules Lawyers’ Advisory Committee invites interested parties, including members of the Bar and Court employees, to submit their suggestions, comments, and proposals for proposed new Local Rules or revisions to our current Local Rules. Suggestions should be submitted no later than September 15, 2018.
Please click this link to submit recommendations to the committee: http://pacer.flmb.uscourts.gov/localrules/comments-with-form-LocalRules.asp
Generally, the Judges of the Middle District of Florida promulgate new or revised Local Rules to be effective as of July 1 of each year. Suggestions that were received in 2017 have been carried over for additional consideration and a proposed effective date of July 1, 2019. These suggestions include:
Local Rule 1002-1 1002-1 Petition – Filing on Debtor’s Behalf by a Court-Appointed Representative, Holder of Power of Attorney, Proposed Next Friend, or Guardian Ad Litem: proposed revision to streamline the procedures and to provide that if a case is filed by a person other than the debtor, the Court will automatically schedule a "Status Conference Regarding Authority to File Bankruptcy Case."
Local Rule 2002-4 Negative Notice Procedure: proposed revision to conform the local rule to Amended Federal Rule of Bankruptcy Procedure 3007 regarding objections to claims.
Local Rule 3022-1(b) Final Report/Decree (Chapter 11) – Individual Debtor: proposed revision to update procedures for reopening the case and obtaining a discharge to include an affidavit or declaration that all required payments have been made with an attached spreadsheet.
Proposed new Local Rule governing motions to incorporate the negative notice rule (LBR 2002-4) and refer to the negative notice list and accompanying orders list; provide mechanism for moving party to request that a response date be set; and include migrate emergency hearing procedures now described in Local Rule 9004-1.
If you have comments on the above proposals or additional proposals for new or revised Local Rules, please be sure to submit your recommendations.
Please click this link to submit recommendations to the committee: http://pacer.flmb.uscourts.gov/localrules/comments-with-form-LocalRules.asp
Generally, the Judges of the Middle District of Florida promulgate new or revised Local Rules to be effective as of July 1 of each year. Suggestions that were received in 2017 have been carried over for additional consideration and a proposed effective date of July 1, 2019. These suggestions include:
Local Rule 1002-1 1002-1 Petition – Filing on Debtor’s Behalf by a Court-Appointed Representative, Holder of Power of Attorney, Proposed Next Friend, or Guardian Ad Litem: proposed revision to streamline the procedures and to provide that if a case is filed by a person other than the debtor, the Court will automatically schedule a "Status Conference Regarding Authority to File Bankruptcy Case."
Local Rule 2002-4 Negative Notice Procedure: proposed revision to conform the local rule to Amended Federal Rule of Bankruptcy Procedure 3007 regarding objections to claims.
Local Rule 3022-1(b) Final Report/Decree (Chapter 11) – Individual Debtor: proposed revision to update procedures for reopening the case and obtaining a discharge to include an affidavit or declaration that all required payments have been made with an attached spreadsheet.
Proposed new Local Rule governing motions to incorporate the negative notice rule (LBR 2002-4) and refer to the negative notice list and accompanying orders list; provide mechanism for moving party to request that a response date be set; and include migrate emergency hearing procedures now described in Local Rule 9004-1.
If you have comments on the above proposals or additional proposals for new or revised Local Rules, please be sure to submit your recommendations.
The Court's latest Court Connection Newsletter is currently available. (Posted: Thursday, July 26, 2018)
Click HERE to view the July 2018 edition.
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.
Click HERE to read full announcement.
Click HERE to read full announcement.
Blackshear Program Application Deadline is AUGUST 1st! (Posted: Thursday, July 19, 2018)
The National Conference of Bankruptcy Judges is delighted to bestow on the Honorable Cornelius Blackshear, a dear friend and esteemed colleague, the distinction of naming their minority fellowship program, the Honorable Cornelius Blackshear Fellowship Program. This program will provide an annual stipend/scholarship (up to 50% of eligible expenses, not to exceed $1500) for up to five minority attorneys to attend its annual meeting each year. NCBJ Blackshear Fellows will receive a copy of the proclamation, along with their stipend/scholarship, to remind them of the illustriousness Judge Blackshear brought to the U.S. Bankruptcy Court bench as he distinguished himself by his renowned scholarship and development of bankruptcy jurisprudence.
Please click below for the Blackshear Proclamation and the 2018 Fellowship Criteria & Application. Applications may be submitted through August 1, 2018 at 5 pm ET.
The application and the supporting documents must be sent via e-mail to: Kathy_Surratt-States@moeb.uscourts.gov Late applications will not be considered
**Blackshear Proclamation**
**Blackshear Fellowship Criteria and Application for 2018**
Blackshear information is also available on the public pages of www.ncbj.org
Please click below for the Blackshear Proclamation and the 2018 Fellowship Criteria & Application. Applications may be submitted through August 1, 2018 at 5 pm ET.
The application and the supporting documents must be sent via e-mail to: Kathy_Surratt-States@moeb.uscourts.gov Late applications will not be considered
**Blackshear Proclamation**
**Blackshear Fellowship Criteria and Application for 2018**
Blackshear information is also available on the public pages of www.ncbj.org
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
Negative Notice List
Accompanying Orders List
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.
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.
Judge McEwen's Mentoring Program For New Bankruptcy Lawyers (Posted: Monday, June 11, 2018)
The next session of Judge McEwen’s mentoring program for lawyers new to the practice of bankruptcy law is scheduled for July 6, 2018, from Noon to 1:15 p.m. in the bankruptcy court’s training room on the 5th floor, Sam M. Gibbons U.S. Courthouse in Tampa. Judge McEwen’s special guests for this program are:
No Excuses; Learn how to staff our pro bono clinic, a seminar for business lawyers
Jeff Warren, Michael Barnett
AND Wendy DePaul
(Moderated By Judge McEwen)
AND Wendy DePaul
(Moderated By Judge McEwen)
No Excuses; Learn how to staff our pro bono clinic, a seminar for business lawyers
CM-ECF System Maintenance on 5/26/18 - No Downtime required (Posted: Tuesday, May 22, 2018)
The CM/ECF Application will undergo a maintenance procedure on Saturday May 26th, 2018. No downtime is expected. This security update may require an upgraded browser or a new operating system be installed on your computer to continue using CM/ECF post-maintenance.
Maintenance to CM/ECF will occur the morning of Saturday May 26th, 2018. No downtime is required, however, post-maintenance access to CMECF may be affected if your browser settings are not compatible.
Please navigate to link below to test your browser for post-maintenance compatibility.
http://www.flmb.uscourts.gov/help_desk/Test-IE.htm
I urge you to check your browser software and settings before the upgrade with the provided test link.
Note:
Windows operating systems may require an update to version 7 or later.
If you experience filing issues while using Bankruptcy Filing software, you will need to contact your software vendor for support.
Maintenance to CM/ECF will occur the morning of Saturday May 26th, 2018. No downtime is required, however, post-maintenance access to CMECF may be affected if your browser settings are not compatible.
Please navigate to link below to test your browser for post-maintenance compatibility.
http://www.flmb.uscourts.gov/help_desk/Test-IE.htm
I urge you to check your browser software and settings before the upgrade with the provided test link.
Note:
Windows operating systems may require an update to version 7 or later.
If you experience filing issues while using Bankruptcy Filing software, you will need to contact your software vendor for support.
The Court's latest Court Connection Newsletter is currently available. (Posted: Thursday, April 26, 2018)
Click HERE to view the April 2018 edition.
Middle District Young Lawyers Invited to Eleventh Circuit Judicial Conference Program featuring United States Supreme Court Justice Clarence Thomas (Posted: Wednesday, March 21, 2018)
Young lawyers who are members of the bar of the Middle District of Florida are invited to attend the Eleventh Circuit Judicial Conference Saturday program on Saturday, May 5, 2018, at the Marriott Sawgrass Hotel in Ponte Vedra Beach, Florida. Circuit, district, magistrate, and bankruptcy judges will be participating in judicial roundtables devoted to topics of interest to young lawyers and there will be a discussion with special guest, United States Supreme Court Justice Clarence Thomas! Breakfast will be provided and CLE credit will be awarded. The program begins at 8:00 a.m. and is expected to conclude by 11:30 a.m.
The cost to attend the Saturday morning program is $110 but the Bench Bar Fund of the Middle District of Florida is paying the fee for the first 45 young lawyers who apply. (Young lawyers are those with less than 5 years of practice experience or under 36 years of age.) The deadline to apply is April 13, 2018 (or sooner if filled). Applicants should complete the attached registration form and forward it to: 11thCirConf_YoungLawyers_RSVP@flmd.uscourts.gov. You will receive a confirmation email. Please contact Cecily Parker at cparker@esclaw.com if you have any questions about the Eleventh Circuit Judicial Conference.
Click HERE for the registration form.
Click HERE for the communication.
The cost to attend the Saturday morning program is $110 but the Bench Bar Fund of the Middle District of Florida is paying the fee for the first 45 young lawyers who apply. (Young lawyers are those with less than 5 years of practice experience or under 36 years of age.) The deadline to apply is April 13, 2018 (or sooner if filled). Applicants should complete the attached registration form and forward it to: 11thCirConf_YoungLawyers_RSVP@flmd.uscourts.gov. You will receive a confirmation email. Please contact Cecily Parker at cparker@esclaw.com if you have any questions about the Eleventh Circuit Judicial Conference.
Click HERE for the registration form.
Click HERE for the communication.
CM/ECF Schedule Maintenance (Posted: Friday, March 9, 2018)
The CM/ECF application will undergo maintenance on Saturday, March 24, 2018, from 12:00 pm to 8:00 pm. CM/ECF and all related systems will be unavailable. Every effort will be made to ensure the systems are available sooner.
Reappointment of Judge Robert A. Mark United States Bankruptcy Judge, Southern District of Florida (Posted: Wednesday, February 28, 2018)
The current 14-year term of The Honorable Robert A. Mark, United States Bankruptcy Judge for the Southern District of Florida at Miami, is due to expire on 31 October 2018. The United States Court of Appeals for the Eleventh Circuit is considering whether to reappoint Bankruptcy Judge Mark to a new 14-year term of office. Under reappointment, Bankruptcy Judge Mark would continue to perform the statutory responsibilities of a bankruptcy judge.
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.
The Court's latest Court Connection Newsletter is currently available. (Posted: Tuesday, January 30, 2018)
Click HERE to view the January 2018 edition.
***ATTENTION*** (Posted: Monday, January 22, 2018)
All Divisions of the Bankruptcy Court in the Middle District of Florida will conduct business as usual, despite the budgetary impasse in Washington, D.C.
Public Notice - December 26, 2017 (Posted: Tuesday, December 26, 2017)
Reappointment of Incumbent Federal Public Defender in Northern District of Florida.
Please click HERE to view the Public Notice.
Comments must be received in the Circuit Executive's Office no later than February 1, 2018.
Please click HERE to view the Public Notice.
Comments must be received in the Circuit Executive's Office no later than February 1, 2018.
JUDGE ROBERTA A. COLTON SWORN IN AS MIDDLE DISTRICT OF FLORIDA BANKRUPTCY JUDGE (Posted: Friday, December 15, 2017)
Judge McEwen's Mentoring Program For New Bankruptcy Lawyers (Posted: Tuesday, November 21, 2017)
The next session of Judge McEwen’s mentoring program for lawyers new to the practice of bankruptcy law is scheduled for Wednesday, December 20, 2017, from noon to 1:00 p.m. in the bankruptcy court’s training room on the 5th floor, Sam M. Gibbons U.S. Courthouse in Tampa.
REALITIES OF PRACTICING LAW FOR YOUNG LAWYERS: UNDERSTANDING THE CAREER YOU'VE CHOSEN TO PURSUE
Speakers:
Nathan Wheatley, U.S. TRUSTEE'S OFFICE
Hon Judge Catherine Peek McEwen
REALITIES OF PRACTICING LAW FOR YOUNG LAWYERS: UNDERSTANDING THE CAREER YOU'VE CHOSEN TO PURSUE
Speakers:
Nathan Wheatley, U.S. TRUSTEE'S OFFICE
Hon Judge Catherine Peek McEwen
CM/ECF DOWNTIME SCHEDULED: December 2, 2017 from 8:00 a.m. to 6:00 p.m. (Posted: Tuesday, November 14, 2017)
The CM/ECF application will migrate to version 5.2 on December 2, 2017 from 8:00 a.m. to 6:00 p.m. As a result of this migration, CM/ECF and all related systems will be unavailable. Every effort will be made to ensure the systems are available sooner.
The Court's latest Court Connection Newsletter is currently available. (Posted: Monday, October 30, 2017)
Click here to view the October 2017 edition.
PUBLIC NOTICE (Posted: Friday, October 27, 2017)
The United States Bankruptcy Court, Middle District of Florida is soliciting offers from vendors who provide Telephonic Appearance Services.
Please click HERE to view the Public Notice.
Offers must be received no later than November 27, 2017.
Please click HERE to view the Public Notice.
Offers must be received no later than November 27, 2017.
New website features went live September 29, 2017 (Posted: Friday, October 6, 2017)
Please see the attached for details.
Chapter 13 Model Plan Required in All Divisions as of September 15, 2017; Fourth Amended Administrative Order Prescribing Procedures for Chapter 13 Cases, effective September 15, 2017. (Posted: Thursday, September 14, 2017)
As permitted by new Federal Rule of Bankruptcy Procedure 3015.1, the judges of the Middle District of Florida have elected to “opt out” of the Official Form of Chapter 13 Plan and have approved a Local Form Model Chapter 13 Plan. The Model Plan was posted for 30-days’ public comment on August 1, 2017. At the conclusion of the public comment period, the judges and the Chapter 13 trustees reviewed the comments and made several minor revisions to the Model Plan. The new Local Form Model Plan is required in all Divisions as of September 15, 2017.
Please click HERE for the Local Form Model Plan required as of September 15, 2017; click HERE for Chief Judge Michael G. Williamson’s August 1, 2017 memorandum outlining the proposed revisions to the form of Model Plan previously in use in the Tampa and Fort Myers Division; and HERE for the Fourth Amended Administrative Order Prescribing Procedures for Chapter 13 Cases, effective September 15, 2017.
The Clerk’s Office IT Staff is developing a fillable PDF version of the Model Plan that will allow for the “collapse” of all non-applicable sections of the Model Plan. The PDF version of the Model Plan will be made available as soon as this process is complete.
Please click HERE for the Local Form Model Plan required as of September 15, 2017; click HERE for Chief Judge Michael G. Williamson’s August 1, 2017 memorandum outlining the proposed revisions to the form of Model Plan previously in use in the Tampa and Fort Myers Division; and HERE for the Fourth Amended Administrative Order Prescribing Procedures for Chapter 13 Cases, effective September 15, 2017.
The Clerk’s Office IT Staff is developing a fillable PDF version of the Model Plan that will allow for the “collapse” of all non-applicable sections of the Model Plan. The PDF version of the Model Plan will be made available as soon as this process is complete.
September 14, 2017 Hearings in Ft. Myers to Be Rescheduled (Posted: Wednesday, September 13, 2017)
Please see attached memo from Judge Delano regarding rescheduling of September 14, 2017 hearings.
CLOSING OF UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA - ALL DIVISION - DUE TO HURRICANE IRMA (Posted: Monday, September 11, 2017)
All divisions of the United States Bankruptcy Court Middle District of Florida will be CLOSED on Tuesday, September 12, 2017.
All court hearings scheduled for September 12, 2017 are cancelled. Attorneys and the public will NOT be able to conduct routine business in person in any division of United States Bankruptcy Court Middle District of Florida. Additionally, the Office of the United States Trustee has cancelled ALL Section 341 meetings of creditors scheduled for Tuesday, September 12, 2017.
The court is expected to resume normal business operations on Wednesday, September 13, 2017. The public is advised to continue to check the court’s website at www.flmb.uscourts.gov and listen to all local news broadcasts for information on the status of federal court operations.
All court hearings scheduled for September 12, 2017 are cancelled. Attorneys and the public will NOT be able to conduct routine business in person in any division of United States Bankruptcy Court Middle District of Florida. Additionally, the Office of the United States Trustee has cancelled ALL Section 341 meetings of creditors scheduled for Tuesday, September 12, 2017.
The court is expected to resume normal business operations on Wednesday, September 13, 2017. The public is advised to continue to check the court’s website at www.flmb.uscourts.gov and listen to all local news broadcasts for information on the status of federal court operations.
COOP Site: UPDATED CLOSING OF UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION DUE TO HURRICANE IRMA UPDATED (Posted: Friday, September 8, 2017)
The United States Bankruptcy Court Tampa Division will be CLOSED on Friday, September 8, 2017 starting at 2:00 p.m. and Monday, September 11, 2017.
All court hearings scheduled during this period are cancelled. Attorneys and the public will NOT be able to conduct routine business in person at the United States Bankruptcy Court Tampa Division. Additionally, the Office of the United States Trustee has cancelled ALL Section 341 meetings of creditors scheduled for Monday in Tampa.
The court is expected to resume normal business operations on Tuesday, September 12, 2017. The public is advised to continue to check the court’s website at www.flmb.uscourts.gov and listen to all local news broadcasts for information on the status of federal court operations in each Division.
All court hearings scheduled during this period are cancelled. Attorneys and the public will NOT be able to conduct routine business in person at the United States Bankruptcy Court Tampa Division. Additionally, the Office of the United States Trustee has cancelled ALL Section 341 meetings of creditors scheduled for Monday in Tampa.
The court is expected to resume normal business operations on Tuesday, September 12, 2017. The public is advised to continue to check the court’s website at www.flmb.uscourts.gov and listen to all local news broadcasts for information on the status of federal court operations in each Division.
CLOSING OF UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION DUE TO HURRICANE IRMA (Posted: Friday, September 8, 2017)
The United States Bankruptcy Court Tampa Division will be CLOSED on Monday, September 11, 2017.
All court hearings scheduled during this period are cancelled. Attorneys and the public will NOT be able to conduct routine business in person at the United States Bankruptcy Court Tampa Division. Additionally, the Office of the United States Trustee has cancelled ALL Section 341 meetings of creditors scheduled for Monday in Tampa.
The court is expected to resume normal business operations on Tuesday, September 12, 2017. The public is advised to continue to check the court’s website at www.flmb.uscourts.gov and listen to all local news broadcasts for information on the status of federal court operations in each Division.
All court hearings scheduled during this period are cancelled. Attorneys and the public will NOT be able to conduct routine business in person at the United States Bankruptcy Court Tampa Division. Additionally, the Office of the United States Trustee has cancelled ALL Section 341 meetings of creditors scheduled for Monday in Tampa.
The court is expected to resume normal business operations on Tuesday, September 12, 2017. The public is advised to continue to check the court’s website at www.flmb.uscourts.gov and listen to all local news broadcasts for information on the status of federal court operations in each Division.
CLOSING OF UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION DUE TO HURRICANE IRMA (Posted: Friday, September 8, 2017)
The United States Bankruptcy Court Orlando Division will be CLOSED on Friday, September 8, 2017 and Monday, September 11, 2017.
All court hearings scheduled during this period are cancelled. Attorneys and the public will NOT be able to conduct routine business in person at the United States Bankruptcy Court Orlando Division. Additionally, the Office of the United States Trustee has cancelled ALL Section 341 meetings of creditors scheduled for Friday, Monday and Tuesday in Orlando.
The court is expected to resume normal business operations on Tuesday, September 12, 2017. The public is advised to continue to check the court’s website at www.flmb.uscourts.gov and listen to all local news broadcasts for information on the status of federal court operations in each Division.
All court hearings scheduled during this period are cancelled. Attorneys and the public will NOT be able to conduct routine business in person at the United States Bankruptcy Court Orlando Division. Additionally, the Office of the United States Trustee has cancelled ALL Section 341 meetings of creditors scheduled for Friday, Monday and Tuesday in Orlando.
The court is expected to resume normal business operations on Tuesday, September 12, 2017. The public is advised to continue to check the court’s website at www.flmb.uscourts.gov and listen to all local news broadcasts for information on the status of federal court operations in each Division.
CLOSING OF UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION DUE TO HURRICANE IRMA (Posted: Thursday, September 7, 2017)
The United States Bankruptcy Court Jacksonville Division will be CLOSED on Friday, September 8, 2017 and Monday, September 11, 2017.
All court hearings scheduled during this period are cancelled. Attorneys and the public will NOT be able to conduct routine business in person at the United States Bankruptcy Court Jacksonville Division. Additionally, the Office of the United States Trustee has cancelled ALL Section 341 meetings of creditors scheduled for Friday, Monday and Tuesday in Jacksonville.
The court is expected to resume normal business operations on Tuesday, September 12, 2017. The public is advised to continue to check the court’s website at www.flmb.uscourts.gov and listen to all local news broadcasts for information on the status of federal court operations in each Division.
All court hearings scheduled during this period are cancelled. Attorneys and the public will NOT be able to conduct routine business in person at the United States Bankruptcy Court Jacksonville Division. Additionally, the Office of the United States Trustee has cancelled ALL Section 341 meetings of creditors scheduled for Friday, Monday and Tuesday in Jacksonville.
The court is expected to resume normal business operations on Tuesday, September 12, 2017. The public is advised to continue to check the court’s website at www.flmb.uscourts.gov and listen to all local news broadcasts for information on the status of federal court operations in each Division.
Fourth Amended Administrative Order Prescribing Procedures for Chapter 13 Cases, effective September 15, 2017 (Posted: Friday, September 1, 2017)
The Fourth Amended Administrative Order Prescribing Procedures for Chapter 13 Cases, effective September 15, 2017, provides for the preconfirmation disbursement of adequate protection payments to lessors, and if an executory contract or lease is assumed, for the prompt cure of any arrearages.
New Telephonic Interpreter Services (Posted: Tuesday, August 22, 2017)
The Central Florida Bankruptcy Law Association (CFBLA) has contracted with Language Line Services to provide over-the-phone telephonic interpretation services for litigants in civil cases pending in the bankruptcy court of the Middle District of Florida. Language Line Services is a recognized leader of the telephonic interpretation industry providing interpreter services in more than 240 languages. Use of Language Line Services is straightforward, effective, and efficient. The courtroom deputy phones Language Line Services, just as they would a witness appearing by telephone, enters a code, requests the language needed, and then a qualified interpreter will be on the line to interpret the proceeding.
Reminder of August 31, 2017 Deadline to Comment on Proposed Revisions to the Model Chapter 13 Plan and Comment Form (Posted: Monday, August 21, 2017)
The public comment period regarding proposed revisions to the Model 13 Chapter Plan expires on August 31, 2017. Please click HERE for a memorandum from Chief Judge Michael G. Williamson regarding the proposed revisions, click HERE for the Proposed Model Plan, and click HERE for the revised Administrative Order. The revisions will be effective September 15, 2017.
Please click HERE to comment on the proposed Model Plan.
Please click HERE to comment on the proposed Model Plan.
Notice of Changes to Order Establishing Presumptively Reasonable Fees for Chapter 13 Debtors’ Attorneys in the Tampa and Fort Myers Divisions (Posted: Monday, August 21, 2017)
Please click HERE for a memorandum from Chief Judge Michael G. Williamson regarding the Second Amended Order Establishing Reasonable Debtor’s Attorney's Fees for the Tampa and Fort Myers Divisions, entered this date. Please click HERE to review the Second Amended Order.
The Judicial Conference Advisory Committees on Appellate, Bankruptcy, Criminal and Evidence Rules have proposed amendments to rules and forms - August 18, 2017 (Posted: Friday, August 18, 2017)
The Judicial Conference Advisory Committees on Appellate, Bankruptcy, Criminal and Evidence Rules have proposed amendments to the following rules and forms and have asked that they be circulated to the bench, bar, and public for comment. Appellate Rules: 3, 13, 26.1, 28, and 32. Bankruptcy Rules: 2002, 4001, 6007, 9036, 9037, and Official Form 410.
Criminal Rules: New Criminal Rule 16.1, Rule 5 of the Rules Governing Section 2254 Cases, and Rule 5 of the Rules Governing Section 2255 Proceedings. Rules of Evidence: 807.
The information is posted in a printable format for those who prefer hard copies. The proposed amendments and the advisory committees’ reports explaining the proposed changes are posted on the Judiciary’s website at:
http://www.uscourts.gov/rules-policies/proposed-amendments-published-public-comment.
Criminal Rules: New Criminal Rule 16.1, Rule 5 of the Rules Governing Section 2254 Cases, and Rule 5 of the Rules Governing Section 2255 Proceedings. Rules of Evidence: 807.
The information is posted in a printable format for those who prefer hard copies. The proposed amendments and the advisory committees’ reports explaining the proposed changes are posted on the Judiciary’s website at:
http://www.uscourts.gov/rules-policies/proposed-amendments-published-public-comment.
Local Rules Lawyers' Advisory Committee Solicits Proposals for New or Revised Local Rules (Posted: Thursday, August 3, 2017)
The Local Rules Lawyers’ Advisory Committee invites interested parties, including members of the Bar and Court employees, to submit their suggestions, comments, and proposals for proposed new Local Rules or revisions to our current Local Rules. Suggestions should be submitted no later than September 15, 2017.
You may click the link below to submit recommendations to the committee.
http://pacer.flmb.uscourts.gov/localrules/comments-with-form-LocalRules.asp
You may click the link below to submit recommendations to the committee.
http://pacer.flmb.uscourts.gov/localrules/comments-with-form-LocalRules.asp
Memo from Chief Judge Williamson Regarding Proposed Revisions to Model Chapter 13 Plan and Public Comment Form (Posted: Tuesday, August 1, 2017)
Please click HERE for a memorandum from Chief Judge Michael G. Williamson regarding proposed revisions to the Model Chapter 13 Plan and the Administrative Order Prescribing Procedures for Chapter 13 Cases, click HERE for the Proposed Model Plan, and click HERE for the revised Administrative Order. The revisions will be effective September 15, 2017.
The public comment period ends on August 31, 2017. Please click HERE to provide comments regarding the proposed Model Plan.
The Court's latest Court Connection Newsletter is currently available. (Posted: Monday, July 31, 2017)
Click here to view the July 2017 edition.
Judge McEwen's Mentoring Program For New Bankruptcy Lawyers - July 26, 2017 (Posted: Thursday, July 13, 2017)
The next session of Judge McEwen’s mentoring program for lawyers new to the practice of bankruptcy law is scheduled for Wednesday, July 26, 2017, from noon to 1:00 p.m. in the bankruptcy court’s training room on the 5th floor, Sam M. Gibbons U.S. Courthouse in Tampa.
EFFECTIVE OPENING STATEMENTS & CLOSING ARGUMENTS
Specific topics include do's & Don'ts and Objectionable statements & arguments.
Speakers:
Lanse Scriven
Kevin McLaughlin
Traci Koster
EFFECTIVE OPENING STATEMENTS & CLOSING ARGUMENTS
Specific topics include do's & Don'ts and Objectionable statements & arguments.
Speakers:
Lanse Scriven
Kevin McLaughlin
Traci Koster
National of Conference Bankruptcy Judges - Blackshear Presidential Fellowship (Posted: Friday, June 30, 2017)
The Blackshear Presidential Fellowship, named after esteemed Bankruptcy Judge Cornelius Blackshear, now retired from the Southern District of New York, provides both waived National Conference of Bankruptcy Judges conference registration ($975 value) and a stipend to help defray reasonable travel and hotel expenses for five up-and-coming minority practitioners (with 5-10 years of experience) who wish to attend the annual meeting of the NCBJ and who otherwise meet the selection criteria. This program will provide a stipend/scholarship of up to 50 percent of eligible expenses, such stipend not to exceed $1,500.
Please copy and paste into your browser the link below for the Blackshear Proclamation and Application to the NCBJ 2017 Annual Conference. Applications must be submitted no later than July 17, 2017. The application and supporting documents must be sent via email to Kathy_Surratt-States@moeb.uscourts.gov.
Go here for the proclamation and application: www.ncbj.org/?page=BlackshearFellowship.
Note: If you make more than the published salary cap and want to be considered, simply ask that the selection committee exercise its discretion to increase the cap, and indicate that Judge McEwen suggested you do that. Further, if you don't have five years' experience but have as much as two, simply ask that the selection committee exercise its discretion to lower the experience floor, and, again, say Judge McEwen suggested that.
Please copy and paste into your browser the link below for the Blackshear Proclamation and Application to the NCBJ 2017 Annual Conference. Applications must be submitted no later than July 17, 2017. The application and supporting documents must be sent via email to Kathy_Surratt-States@moeb.uscourts.gov.
Go here for the proclamation and application: www.ncbj.org/?page=BlackshearFellowship.
Note: If you make more than the published salary cap and want to be considered, simply ask that the selection committee exercise its discretion to increase the cap, and indicate that Judge McEwen suggested you do that. Further, if you don't have five years' experience but have as much as two, simply ask that the selection committee exercise its discretion to lower the experience floor, and, again, say Judge McEwen suggested that.
Reappointment of Roberta A. Colton, US Bankruptcy Judge for the Middle District of Florida (Posted: Tuesday, June 20, 2017)
Please click here to view a public notice by the Eleventh Circuit Court of Appeals regarding reappointment of Judge Roberta A. Colton.
Please submit any comments to Mr. James P. Gerstenlaurer, Circuit Executive, Eleventh Circuit Court of Appeals, at the address provided in the notice, no later than 4 August 2017.
Please submit any comments to Mr. James P. Gerstenlaurer, Circuit Executive, Eleventh Circuit Court of Appeals, at the address provided in the notice, no later than 4 August 2017.
Amendments to Local Rules effective - July 1, 2017 (Posted: Tuesday, June 20, 2017)
The Bankruptcy Judges of the Middle District of Florida have approved new and amended Local Rules, effective July 1, 2017.
Please click HERE to view a memorandum from Hon. Caryl E. Delano summarizing the changes.
Click here to access the new and amended Local Rules.
Please click HERE to view a memorandum from Hon. Caryl E. Delano summarizing the changes.
Click here to access the new and amended Local Rules.
CM/ECF Schedule Downtime (Posted: Wednesday, April 26, 2017)
The Florida Middle Bankruptcy Court CM/ECF Application will undergo scheduled maintenance this Sunday, April 30th from 8am until 2pm. During this maintenance the CM/ECF Application will be offline and unavailable. Sorry for any inconvenience.
The Court's latest Court Connection Newsletter is currently available. (Posted: Tuesday, April 25, 2017)
Click here to view the April 2017 edition.
Pay.gov will not be available Saturday, April 29, 2017 from 6:00pm to Midnight. (Posted: Tuesday, April 25, 2017)
Pay.gov is being upgraded to version 7.0 and will be deployed to production. This deployment will require a total service interruption during this time period. Please contact Pay.gov Customer Support at (800) 624-1373, option 2, or pay.gov.clev@clev.frb.org with any questions or concerns regarding Pay.gov release 7.0.
Judge Catherine Peek McEwen: Continuances based on prior calendar conflict (Posted: Thursday, April 6, 2017)
In cases before Judge McEwen, if the Court sets a hearing or trial that presents a conflict with a previously scheduled obligation of a party or counsel, then such person shall promptly file a motion to reschedule the hearing or trial to an earlier or later date.
Click here for the memo.
Click here for the memo.
Proposed Amended and New Local Rules and Comment Form (Posted: Tuesday, April 4, 2017)
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 April 4, 2017. The public comment period ends on May 19, 2017. When promulgated by the judges, the amended and new Local Rules will become effective on July 1, 2017.
Click here to view the proposed amendments to Local Rules.
Click here to provide comments regarding the proposed amendments.
Click here to view the proposed amendments to Local Rules.
Click here to provide comments regarding the proposed amendments.
Clerk of Court Selection (Posted: Thursday, March 30, 2017)
On March 29, 2017, Chief Judge Michael G. Williamson Middle District of Florida Bankruptcy Court, announced the selection of Sheryl L. Loesch for Clerk of Court for the Middle District of Florida Bankruptcy Court to replace Lee Ann Bennett who became the new Deputy Director of the Administrative Office of the U.S. Courts. Sheryl has a wealth of experience and is no stranger to the Court. She served for the past 18 years as the Clerk of Court for Middle District of Florida District Court and previously served as the Chief Deputy in the District of Kansas District Court. In addition, Sheryl served on many national committees for the Administrative Office of the U.S. Courts and is a past President of the Federal Court Clerks Association. Sheryl is dedicated to the Judiciary and to the staff who serve in the Judiciary.
The Florida Middle Bankruptcy Court Website (Posted: Wednesday, March 22, 2017)
The Florida Middle Bankruptcy Court Website - www.flmb.uscourts.gov will undergo scheduled maintenance this Sunday, March 26th from 12pm (noon) until 6pm. During this maintenance, the website will be offline and unavailable. Sorry for any inconvenience.
CM/ECF Scheduled Maintenance Sunday, March 12 (Posted: Tuesday, March 7, 2017)
The CM/ECF application will undergo scheduled maintenance this Sunday, March 12th from 8am until 12pm (noon). During this maintenance, the CM/ECF application will be offline. The application will be unavailable to file documents or accept new cases. Thank you for your support.
Clerk of Court Position Announcement - United States Bankruptcy Court, Middle District of Florida (Posted: Wednesday, March 1, 2017)
The United States Bankruptcy Court for the Middle District of Florida is seeking a senior level executive with experience as an administrator of a large, diverse, and innovative organization to serve as the Clerk of Court for one of the nation’s busiest bankruptcy courts.
For further details, click here to see Announcement No. 17-03.
For further details, click here to see Announcement No. 17-03.
Bankruptcy Judgeship Position in the Middle District of Alabama at Montgomery (Posted: Monday, February 27, 2017)
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 Middle District of Alabama at Montgomery.
For further details, click here to see the announcement.
For further details, click here to see the announcement.
Judge McEwen's Mentoring Program for New Bankruptcy Lawyers (Posted: Monday, February 27, 2017)
The next session of Judge McEwen’s mentoring program for lawyers new to the practice of bankruptcy law is scheduled for Wednesday, March 29, 2017, from noon to 1:00 p.m. in the bankruptcy court’s training room on the 5th floor, Sam M. Gibbons U.S. Courthouse in Tampa.
Learn it the way new Judges are taught:
“Organization and Jurisdiction of the U.S. Bankruptcy Courts” by Judge Martin Glenn
Learn it the way new Judges are taught:
“Organization and Jurisdiction of the U.S. Bankruptcy Courts” by Judge Martin Glenn
New AO Deputy Director Named (Posted: Thursday, February 23, 2017)
On February 23, 2017, Justice John G. Roberts, Jr., Chief Justice of the United States, today announced the appointment of Lee Ann Bennett, the Clerk of the Bankruptcy Court of the Middle District of Florida, as the new Deputy Director of the Administrative Office of the U.S. Courts. Lee Ann will serve as Deputy to AO Director James C. Duff. Lee Ann has served as the Clerk of Florida Middle Bankruptcy Court for the past 10 years and was the Deputy Clerk for three years.
She has held various positions in the Middle District of Florida since 1991. She received the Director’s Award for Outstanding Leadership from the AO in 2015.
For more information click here.
She has held various positions in the Middle District of Florida since 1991. She received the Director’s Award for Outstanding Leadership from the AO in 2015.
For more information click here.
The Court's latest Court Connection Newsletter is currently available. (Posted: Wednesday, January 25, 2017)
Click Here to view the January 2017 edition.
Updated Negative Notice Legend - Effective December 8, 2016 (Posted: Thursday, December 8, 2016)
As a result of the recent amendment to Federal Rule of Bankruptcy Procedure 9006(f), the Bankruptcy Court for the Middle District of Florida has updated it's negative notice legend used in accordance with Local Rule 2002-4. The attached document shows a red line and a final version of the updated legend. All filers should begin using the updated legend immediately. Papers filed using the incorrect negative notice legend may result in an order abating.
CM/ECF Maintenance (Posted: Wednesday, November 23, 2016)
The CM/ECF application will be offline Saturday 11/26 from 10am - 5pm EST for a maintenance procedure.
During the maintenance the CM/ECF application will be offline and unavailable.
During the maintenance the CM/ECF application will be offline and unavailable.
Filing Fee Increases and Changes effective December 1, 2016 (Posted: Tuesday, November 8, 2016)
Please be aware of increases to fees included in the Bankruptcy Court Miscellaneous Fee Scheduled (28 U.S.C. 1930) effective December 1, 2016.
Filing fees for the following motions will increase to $181.00
Motion to Withdraw the Reference of a Case
Motion to Compel Abandonment of Property of the Estate
Motion for Relief from the Automatic Stay
Motion to Sell Property of the Estate Free and Clear of Liens under 11 U.S.C. § 363(f)
Exemplification fee for any document will increase to $22.00.
CD reproduction of recording of proceedings fee will increase to $31.
Filing fees for filing Amendments to Schedules D and E/F, list of creditors or mailing matrix will increase to $31.00.
Fee for conducting a search of the bankruptcy court records will increase to $31.00.
Filing or indexing a paper not in a pending case or proceeding, including registering a judgment from another district will increase to $47.00.
Filing fees for the following motions will increase to $181.00
Motion to Withdraw the Reference of a Case
Motion to Compel Abandonment of Property of the Estate
Motion for Relief from the Automatic Stay
Motion to Sell Property of the Estate Free and Clear of Liens under 11 U.S.C. § 363(f)
Exemplification fee for any document will increase to $22.00.
CD reproduction of recording of proceedings fee will increase to $31.
Filing fees for filing Amendments to Schedules D and E/F, list of creditors or mailing matrix will increase to $31.00.
Fee for conducting a search of the bankruptcy court records will increase to $31.00.
Filing or indexing a paper not in a pending case or proceeding, including registering a judgment from another district will increase to $47.00.
Judge McEwen's Mentoring Program for New Bankruptcy Lawyers: Chapter 13 Motion Practice (Posted: Tuesday, November 8, 2016)
The next session of Judge McEwen’s mentoring program for lawyers new to the practice of bankruptcy law is scheduled for Wednesday, December 14, 2016, from Noon to 1:30 p.m. in the bankruptcy court’s training room on the 5th floor, Sam M. Gibbons U.S. Courthouse in Tampa. Judge McEwen’s special guests for this program are Chapter 13 Trustees:
Jon Waage and Kelly Remick
Jon Waage and Kelly Remick
The Court's latest Court Connection Newsletter is currently available (Posted: Tuesday, October 25, 2016)
Click Here to view the October 2016 edition.
CLOSING OF UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION DUE TO HURRICANE MATTHEW (Posted: Thursday, October 6, 2016)
The United States Bankruptcy Court Tampa, Jacksonville, and Orlando Divisions will be CLOSED on Friday, October 7, 2016.
All court hearings scheduled during this period are cancelled. Attorneys and the public will NOT be able to conduct routine business in person at the United States Bankruptcy Court Tampa, Jacksonville, and Orlando Divisions. The court will also be CLOSED on Monday, October 10, 2016, in observance of Columbus Day.
The court is expected to resume normal business operations on Tuesday, October 11, 2016. The public is advised to continue to check the court’s website at www.flmb.uscourts.gov and listen to all local news broadcasts for information on the status of federal court operations in each Division.
All court hearings scheduled during this period are cancelled. Attorneys and the public will NOT be able to conduct routine business in person at the United States Bankruptcy Court Tampa, Jacksonville, and Orlando Divisions. The court will also be CLOSED on Monday, October 10, 2016, in observance of Columbus Day.
The court is expected to resume normal business operations on Tuesday, October 11, 2016. The public is advised to continue to check the court’s website at www.flmb.uscourts.gov and listen to all local news broadcasts for information on the status of federal court operations in each Division.
CLOSING OF UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE AND ORLANDO DIVISIONS DUE TO HURRICANE MATTHEW (Posted: Wednesday, October 5, 2016)
The United States Bankruptcy Court Jacksonville and Orlando Divisions will be CLOSED on Thursday, October 6 and Friday, October 7, 2016.
All court hearings scheduled during this period are cancelled. Attorneys and the public will NOT be able to conduct routine business in person at the United States Bankruptcy Court Jacksonville and Orlando Divisions. Additionally, the Office of the United States Trustee has cancelled ALL Section 341 meetings of creditors scheduled for Thursday and Friday in Jacksonville and Orlando Divisions. The court will also be CLOSED on Monday, October 10, 2016, in observance of Columbus Day.
The court is expected to resume normal business operations on Tuesday, October 11, 2016. The public is advised to continue to check the court’s website at www.flmb.uscourts.gov and listen to all local news broadcasts for information on the status of federal court operations in each Division.
All court hearings scheduled during this period are cancelled. Attorneys and the public will NOT be able to conduct routine business in person at the United States Bankruptcy Court Jacksonville and Orlando Divisions. Additionally, the Office of the United States Trustee has cancelled ALL Section 341 meetings of creditors scheduled for Thursday and Friday in Jacksonville and Orlando Divisions. The court will also be CLOSED on Monday, October 10, 2016, in observance of Columbus Day.
The court is expected to resume normal business operations on Tuesday, October 11, 2016. The public is advised to continue to check the court’s website at www.flmb.uscourts.gov and listen to all local news broadcasts for information on the status of federal court operations in each Division.
Updated Negative Notice List (Posted: Tuesday, October 4, 2016)
The Court has updated its Negative Notice List, posted on the Court's external website. The update addresses negative notice in adversary proceedings. Because negative notice is required in adversary proceedings, the term "permissive" was removed from the title of the list as well. The adversary section list items excepted from the negative notice requirement. Negative notice for items included on the list for bankruptcy cases remains permissive. You may view the updated list by clicking here.
We have received reports that when using Internet Explorer, the updated list, dated October 3, 2016, does not display. If you have this issue, you may need to clear your cookies and cache or use an alternative browser.
We have received reports that when using Internet Explorer, the updated list, dated October 3, 2016, does not display. If you have this issue, you may need to clear your cookies and cache or use an alternative browser.
Jacksonville Division Closed - Friday, September 2, 2016. (Posted: Thursday, September 1, 2016)
Due to inclement weather, the Jacksonville Division will be closed on Friday, September 2, 2016.
Tropical Storm Hermine - Court to Remain Open (Posted: Wednesday, August 31, 2016)
Please be advised that the Clerk's office in all staffed divisions will remain open on Thursday, September 1, 2016 and Friday, September 2, 2016. All hearings and meetings of creditors will continue as scheduled. Should conditions warrant closure or cancelation of hearings, the Court's website will be updated and an announcement will be broadcasted via email and the Court's Twitter and Facebook accounts.
Judge McEwen's Mentoring Program For New Bankruptcy Lawyers (Posted: Thursday, August 18, 2016)
The next session of Judge McEwen’s mentoring program for lawyers new to the practice of bankruptcy law is scheduled for Wednesday, September 28, 2016, from Noon to 1:30 p.m. in the bankruptcy court’s training room on the 5th floor, Sam M. Gibbons U.S. Courthouse in Tampa. Judge McEwen’s special guest for this program is: Thomas Newcomb Hyde, Esq.
Program Title: Professionalism Standards and Resolution Of Professionalism Complaints.
Program Title: Professionalism Standards and Resolution Of Professionalism Complaints.
CM/ECF Maintenance Cancelled (Posted: Tuesday, August 9, 2016)
CANCELLED - These upgrades are being rescheduled to a later date to be determined.
During the weekends of August 20 and August 27, upgrades to core IT infrastructure will occur. These upgrades are expected to take place between the hours of 10:00 p.m. on Saturday to 8:00 a.m. on Sunday. The CM/ECF systems will be off line during this maintenance window.
During the weekends of August 20 and August 27, upgrades to core IT infrastructure will occur. These upgrades are expected to take place between the hours of 10:00 p.m. on Saturday to 8:00 a.m. on Sunday. The CM/ECF systems will be off line during this maintenance window.
Local Rules Lawyers' Advisory Committee Solicits Proposals for New or Revised Local Rules (Posted: Monday, August 1, 2016)
The Local Rules Lawyers’ Advisory Committee invites interested parties, including members of the Bar and Court employees, to submit their suggestions, comments, and proposals for proposed new Local Rules or revisions to our current Local Rules. Suggestions should be submitted no later than September 15, 2016.
You may click the link below to submit recommendations to the committee.
http://pacer.flmb.uscourts.gov/localrules/comments-with-form.asp
You may click the link below to submit recommendations to the committee.
http://pacer.flmb.uscourts.gov/localrules/comments-with-form.asp
Pilot Telephonic Appearance Bridge for Chief Judge Williamson and Judge Colton (Posted: Tuesday, July 19, 2016)
The Court is conducting a pilot project using a new telephonic appearance conference bridge. Effective August 1, 2016, those appearing telephonically at hearings before Chief Judge Williamson or Judge Colton will be required to use CourtSolutions. All persons who wish to listen to or participate in a scheduled hearing telephonically must register for a CourtSolutions account in addition to complying with newly updated Telephonic Appearance Procedures posted on the Court's external website. Those procedures may be viewed by clicking here. We encourage anyone who may wish to listen to or participate in a hearing telephonically before Chief Judge Williamson or Judge Colton to carefully review the process described in the Court's posted procedure and information contained on the CourtSolutions website which may be viewed by clicking here.
As part of its service, CourtSolutions offers hearing participants access to a Hearing Dashboard which provides a visual representation of the participants on the call, real-time information about who is speaking, the ability to "raise your hand" to be recognized by the Court and means for the Court to control the conduct of the hearing.
CourtSolutions is an independent service provider. By using CourtSolutions’ services, users are entering into a service agreement with CourtSolutions pursuant to the terms and conditions set forth on the CourtSolutions’ website and shall be solely responsible for any costs or other expenses incurred for those services provided.
As part of its service, CourtSolutions offers hearing participants access to a Hearing Dashboard which provides a visual representation of the participants on the call, real-time information about who is speaking, the ability to "raise your hand" to be recognized by the Court and means for the Court to control the conduct of the hearing.
CourtSolutions is an independent service provider. By using CourtSolutions’ services, users are entering into a service agreement with CourtSolutions pursuant to the terms and conditions set forth on the CourtSolutions’ website and shall be solely responsible for any costs or other expenses incurred for those services provided.
Federal Bankruptcy Rule 3015 and new Rule 3015.1 Published for Public Comment (Posted: Friday, July 1, 2016)
On July 1, 2016, the Judicial Conference Advisory Committee on Bankruptcy Rules published a proposed amendment to Bankruptcy Rule 3015 and a new Rule 3015.1 and requested that they be circulated to the bench, bar, and public for comment.
The proposed amendments, rules committee reports explaining the proposed changes, and instructions on how to submit comments are posted on uscourts.gov.
The public comment period ends October 3, 2016.
Amendments to Local Rules effective - July 1, 2016 (Posted: Friday, June 10, 2016)
The Bankruptcy Judges of the Middle District of Florida have approved new and amended Local Rules, effective July 1, 2016.
Please click Here to view a memorandum from Hon. Caryl E. Delano summarizing the changes.
Click Here to access the new and amended Local Rules.
CM/ECF Connectivity Issues (Posted: Monday, June 6, 2016)
CM/ECF is experiencing connectivity issues . The AO has a team working on the problem and hopes to have it resolved shortly. The web site will be updated as information becomes available.
Q & A* WITH OUR NEWEST BANKRUPTCY COURT JUDGE (Posted: Friday, May 20, 2016)
The next session of Judge McEwen’s mentoring program for lawyers new to the practice of bankruptcy law is scheduled for Friday, May 20, 2016, from Noon to 1:30 p.m. in the bankruptcy court’s training room on the 5th floor, Sam M. Gibbons U.S. Courthouse in Tampa. Judge McEwen’s special guest for this program is: HONORABLE ROBERTA A. COLTON.
For Our Subscriber Services: (Posted: Friday, April 29, 2016)
Tampa Division - Chapter 13 Cases Reassigned to Judge Colton (Posted: Tuesday, April 26, 2016)
Please be advised that effective May 1, 2016, all Tampa Division Chapter 13 Cases currently assigned to the Honorable Caryl E. Delano will be reassigned to the Honorable Roberta A. Colton. Judge Colton will conduct Tampa Division Chapter 13 hearings in Courtroom 9A, Sam M. Gibbons U.S. Courthouse, 801 N. Florida Avenue, Tampa, Florida. Any questions regarding scheduling or hearing related matters on Judge Colton's Tampa Division, Chapter 13 cases should be directed to the Courtroom Deputy Lisa Mills.
The Court's latest Court Connection Newsletter is currently available. (Posted: Monday, April 25, 2016)
Click Here to view the April 2016 edition.
April is National Financial Literacy Month - April 5, 2016 (Posted: Tuesday, April 5, 2016)
April has been designated by Congress as National Financial Literacy Month. The United States Bankruptcy Judges of the Middle District of Florida are participating in this annual promotion of financial well-being and invite you to browse the following resources for acquiring good financial habits.
Press Release - New Judge Appointed in Orlando - April 1, 2016 (Posted: Monday, April 4, 2016)
Pending Changes [Revised Dollar Amounts] In Bankruptcy Forms (Posted: Thursday, March 24, 2016)
On April 1, 2016, automatic adjustments will be made to dollar amounts stated in various provisions of the Bankruptcy Code, one provision in Title 28, and in the bankruptcy forms and instructions. The adjustments will apply to cases commenced on or after April 1, 2016.
Click Here for details and affected bankruptcy forms.
JUDGE McEWEN'S MENTORING PROGRAM FOR NEW BANKRUPTCY LAWYERS (Posted: Wednesday, March 16, 2016)
New Proof of Claim Form:
Don’t Trust Your Luck When Going for the Gold. Learn how to accurately complete official form 410.
Proposed Amended and New Local Rules (Posted: Tuesday, March 15, 2016)
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, 2016. The public comment period ends on April 30, 2016. When promulgated by the judges, the amended and new Local Rules will become effective on July 1, 2016.
Click Here to review the proposed amendments.
Click Here to provide comments regarding the proposed amendments
Click Here to review the proposed amendments.
Click Here to provide comments regarding the proposed amendments
Procedures Manual (Posted: Monday, March 7, 2016)
The Court is pleased to announce that the first edition of our External Procedures Manual is now available on the Court's website from the Procedures page, the Attorneys drop down menu and the Filing Without an Attorney page. The manual may also be viewed by clicking - Procedures
The manual generally explains procedures uniformed district-wide, provides links to relevant parts of the Bankruptcy Code and Rules, and contains check lists for items to review before filing papers with the Court. Also available are sample form motions, orders and other papers. Parties and their attorneys should use this as a reference guide. Also of note is that the sample forms are generic suggestions. Parties and their attorneys should revise them to address the unique circumstances of each case. As we move forward the manual will continue to be expanded and enhanced. We hope this new tool will prove to be helpful to all our filers.
The manual generally explains procedures uniformed district-wide, provides links to relevant parts of the Bankruptcy Code and Rules, and contains check lists for items to review before filing papers with the Court. Also available are sample form motions, orders and other papers. Parties and their attorneys should use this as a reference guide. Also of note is that the sample forms are generic suggestions. Parties and their attorneys should revise them to address the unique circumstances of each case. As we move forward the manual will continue to be expanded and enhanced. We hope this new tool will prove to be helpful to all our filers.
Updated Mailing Address for the Jacksonville Division. (Posted: Wednesday, February 24, 2016)
The mailing address for the Jacksonville Division has changed due to the relocation of the intake counter to the east side of the 3rd floor of the federal courthouse. Please note that only the suite number is changing. The new address is: United States Bankruptcy Court Jacksonville Division 300 North Hogan Street Suite 3-150 Jacksonville, Florida 32202 This new mailing address should be used in the Negative Notice legend for cases assigned to the Jacksonville division.
Please make a note of this change.
Please make a note of this change.
Reappointment Of Incumbent Bankruptcy Administrator - Northern District Of Alabama (Posted: Monday, February 1, 2016)
The current five-year term of J. Thomas Corbett, United States Bankruptcy Administrator for the Northern District of Alabama, expires 4 December 2016. The United States Court of Appeals for the Eleventh Circuit has established a review committee to consider whether Mr. Corbett should be reappointed to a new five-year term.
Comments should be submitted to James P. Gerstenlauer, Circuit Executive, United States Court of Appeals for the Eleventh Circuit, 56 Forsyth Street, NW, Atlanta, Georgia 30303. Comments must be received in the Circuit Executive's Office no later than 14 March 2016. Email and fax copies will not be considered.
Comments should be submitted to James P. Gerstenlauer, Circuit Executive, United States Court of Appeals for the Eleventh Circuit, 56 Forsyth Street, NW, Atlanta, Georgia 30303. Comments must be received in the Circuit Executive's Office no later than 14 March 2016. Email and fax copies will not be considered.
The Court's latest Court Connection Newsletter is currently available. (Posted: Friday, January 22, 2016)
Click HERE to view the January 2016 edition.
Mortgage Modification Mediation Document Portal unavailable Sunday 1/10/2016 from 12:00 a.m. until 12:00 p.m. (Posted: Wednesday, January 6, 2016)
The Court has received notification that the DMM Portal used for Mortgage Modification Mediation will be unavailable on Sunday 1/10/16 from 12:00 a.m. until 12:00 p.m. for a site upgrade. According to the notification, "most of the changes are solely cosmetic and the functionality of the DMM Portal remains mostly unchanged for Servicers, Mediators, and Default Attorneys." Any questions about this update should be directed to Default Mitigation Management LLC.
Chief Justice Roberts Issues 2015 Year-End Report (Posted: Monday, January 4, 2016)
Chief Justice John G. Roberts Jr. has issued his 2015 Year-End Report on the Federal Judiciary, focusing on amendments made to the Federal Rules of Civil Procedure.
The report is the eleventh since Roberts was appointed chief justice in 2005. For reports from previous years, visit the U.S. Supreme Court website.
The report is the eleventh since Roberts was appointed chief justice in 2005. For reports from previous years, visit the U.S. Supreme Court website.
Court Closure - December 24, 2015 at 12 noon (Posted: Friday, December 18, 2015)
In addition to the regularly scheduled closure on the Federal Holidays of December 25, 2015 and January 1, 2016, all Divisions of the United States Bankruptcy Court, Middle District of Florida, will also be closed for regular business beginning at noon on Thursday, December 24, 2015.
CM/ECF Forms Available: (Posted: Tuesday, December 1, 2015)
The United States Bankruptcy Court for the Middle District of Florida would like to remind you that revised Official Forms went into effect today, December 1, 2015. All filers should use the new revised forms on December 1, 2015 for all newly filed cases and any initially filed schedules and statements filed on or after today. For additional information, please consult the forms update web page at http://www.flmb.uscourts.gov/forms/december-form-changes/
CM/ECF Updates were completed last night. Some filers where unable to file papers via CM/ECF this morning. That matter is now resolved and all CM/ECF users should have their usual access. Should you experience any difficulties accessing CM/ECF, please report any issues you experience to the Court's Help Desk via the following link. https://ecf.flmb.uscourts.gov/training/support.htm
CM/ECF Updates were completed last night. Some filers where unable to file papers via CM/ECF this morning. That matter is now resolved and all CM/ECF users should have their usual access. Should you experience any difficulties accessing CM/ECF, please report any issues you experience to the Court's Help Desk via the following link. https://ecf.flmb.uscourts.gov/training/support.htm
CM/ECF Unavailable - Monday, November 30, 2015, 6 p.m. to 12 midnight. (Posted: Friday, November 13, 2015)
To apply updates necessary for the December 1, 2015 substantial Official Forms changes, CM/ECF will be unavailable beginning on Monday, November 30 at 6 p.m. and will not be available for use until at 12 a.m. (Midnight) on Tuesday, December 1. No other programs will be affected.
Telephone Maintenance in Orlando is Complete (Posted: Monday, November 9, 2015)
Orlando Division Phones are now working properly.
Telephone Maintenance in Orlando Division (Posted: Monday, November 9, 2015)
Because of maintenance, calls will not be able to be received for a short period this morning in the Orlando Division. Should you have an emergency, please call 407-237-8080. As soon as phones are working properly, we will update the website.
Reappointment of Incumbent Federal Public Defender - Middle District of Florida (Posted: Friday, November 6, 2015)
Please review the Public Notice and submit comments to James P. Gerstenlauer, Circuit Executive, United States Court of Appeals for the Eleventh Circuit, 56 Forsyth Street, NW, Atlanta, GA 30303. Comments must be received in the Circuit Executive's Office no later than 21 December 2015.
Scam Targets Bankruptcy Filers (Posted: Monday, October 26, 2015)
Phone scammers are targeting bankruptcy filers in several states, using personal information from filings and posing as attorneys to get intended victims to immediately wire money to satisfy debt. Consumers receiving this kind of call are advised to hang up and contact their bankruptcy attorney as soon as possible. Do not give any personal or financial account information to the caller. Click here to read the U.S. Courts official announcement.
The Court's latest Court Connection Newsletter is currently available (Posted: Monday, October 26, 2015)
Click Here to view the October 2015 edition.
National Pro Bono Celebration Week from October 25, 2015 to October 31, 2015 (Posted: Sunday, October 25, 2015)
In conjunction with the National Pro Bono Celebration Week please see the attached article from The Tampa Tribune submitted by Judge McEwen. The Court appreciates those attorneys who have contributed to Pro Bono efforts throughout the year.
Judge McEwen's Mentoring Program for New Bankruptcy Lawyers (Posted: Friday, October 23, 2015)
Program Title: Best Practices for Bankruptcy Paralegals.
The next session of Judge McEwen’s mentoring program for lawyers new to the practice of bankruptcy law* is scheduled for Wednesday, November 18, 2015, from Noon to 1:30 p.m. in the bankruptcy court’s training room on the 5th floor, Sam M. Gibbons U.S. Courthouse in Tampa. Bankruptcy paralegals are also invited and encouraged to attend.
The next session of Judge McEwen’s mentoring program for lawyers new to the practice of bankruptcy law* is scheduled for Wednesday, November 18, 2015, from Noon to 1:30 p.m. in the bankruptcy court’s training room on the 5th floor, Sam M. Gibbons U.S. Courthouse in Tampa. Bankruptcy paralegals are also invited and encouraged to attend.
Reappointment Of Incumbent Federal Public Defender - Southern District of Florida At Miami (Posted: Friday, October 16, 2015)
Please review the Public Notice and submit comments to James P. Gerstenlauer, Circuit Executive, United States Court of Appeals for the Eleventh Circuit, 56 Forsyth Street, NW, Atlanta, GA 30303. Comments must be received in the Circuit Executive's Office no later than 30 November 2015.
Official Bankruptcy Forms Update - Effective 12/1/2015 (Posted: Tuesday, October 6, 2015)
Official Bankruptcy Forms are scheduled to be replaced with substantially revised, reformatted, and renumbered versions effective December 1, 2015. Attorneys and Bankruptcy Petition Preparers should use the revised Official Forms for all cases to be filed on or after December 1, 2015. Those who use petition preparation software are advised to contact their provider for updated software. The revised forms and other related information can be found on the U.S. Courts website at http://www.uscourts.gov/rules-policies/pending-rules-amendments/pending-changes-bankruptcy-forms.
REAPPOINTMENT OF JUDGE PAUL W. BONAPFEL - NORTHERN DISTRICT OF GEORGIA (Posted: Friday, September 18, 2015)
The current 14-year term of office of The Honorable Paul W. Bonapfel, United States Bankruptcy Judge for the Northern District of Georgia at Atlanta, is due to expire on 9 April 2016. The United States Court of Appeals for the Eleventh Circuit presently is considering whether to reappoint Judge Bonapfel to a new 14-year term of office. Members of the bar and the public are invited to submit written comments for consideration by the Court of Appeals.
FORECLOSURE WARS(Rev.): Lessons from experienced JEDTIs (Posted: Wednesday, August 19, 2015)
The next session of Judge McEwen's mentoring program for lawyers new to the practice of bankruptcy law* is scheduled for Wednesday, August 26, 2015, from Noon to 1:30 p.m. in the bankruptcy court's training room on the 5th floor, Sam M. Gibbons U.S. Courthouse in Tampa.
Local Rules Lawyers' Advisory Committee Solicits Proposals for New or Revised Local Rules (Posted: Tuesday, August 18, 2015)
The Local Rules Lawyers Advisory Committee invites interested parties, including members of the Bar and court employees, to submit their suggestions, comments, and proposals for proposed new Local Rules or revisions to our current Local Rules. Suggestions should be submitted no later than September 15, 2015.
You may click the link below to submit recommendations to the committee.
http://pacer.flmb.uscourts.gov/localrules/comments-with-form.asp
You may click the link below to submit recommendations to the committee.
http://pacer.flmb.uscourts.gov/localrules/comments-with-form.asp
Official Bankruptcy Filing Statistics Released 12-month period ending June 30, 2015 (Posted: Saturday, August 1, 2015)
Nationally, bankruptcy filings for the 12-month period ending June 30, 2015 fell 12% when compared to the same time period last year. Filings for Florida Middle fell 13.8% during this time period. Currently, Florida Middle is the fourth busiest bankruptcy court in terms of total filings and ranks second in the total number of business filings. 18.5% of our cases are filed without an attorney.
The Court's latest Court Connection Newsletter is currently available. (Posted: Thursday, July 30, 2015)
Click here to view the July 2015 edition.
Debtor Electronic Bankruptcy Noticing-DeBN (Posted: Friday, June 26, 2015)
Effective Monday, June 29, 2015, the Court will begin implementation of a new beneficial and free program titled, Debtor Electronic Bankruptcy Noticing, also known as DeBN. Debtor's wishing to receive electronic notification of court generated notices and orders the same day they are entered on the docket, will be able to do so by simply filing out a request form. Attorney's may file the request form electronically for their debtor's.
DeBN is a voluntary service, which does not require the debtor to have a PACER login and does not require an enrollment fee.
For more information on DeBN, please click HERE.
DeBN is a voluntary service, which does not require the debtor to have a PACER login and does not require an enrollment fee.
For more information on DeBN, please click HERE.
Fall Judicial Intership Announcement (Posted: Monday, June 15, 2015)
The United States Bankruptcy Judges for the Middle District of Florida, Orlando Division, are currently accepting applications to fill 2 intern positions for the fall of 2015. Application Deadline: Must be received by July 10, 2015 or Until Filled. Please refer to announcement for more information.
JUDGE McEWEN’S MENTORING PROGRAM FOR NEW BANKRUPTCY LAWYERS (Posted: Wednesday, June 3, 2015)
The next session of Judge McEwen’s mentoring program for lawyers new to the practice of bankruptcy law* is scheduled for Wednesday, June 3, 2015, from Noon to 1:30 p.m. in the bankruptcy court’s training room on the 5th floor, Sam M. Gibbons U.S. Courthouse in Tampa.
MONTHLY OPERATING REPORTS: ARE THEY “MAKE WORK” OR, ALTERNATIVELY, VALUABLE TOOLS FOR FINANCIAL REORGANIZATION?
*Note: Chapter 11 Debtors' counsel are strongly encouraged to invite to this free informational program client representatives responsible for completing MORs.
MONTHLY OPERATING REPORTS: ARE THEY “MAKE WORK” OR, ALTERNATIVELY, VALUABLE TOOLS FOR FINANCIAL REORGANIZATION?
*Note: Chapter 11 Debtors' counsel are strongly encouraged to invite to this free informational program client representatives responsible for completing MORs.
Amendments to Local Rules effective - July 1, 2015. (Posted: Monday, June 1, 2015)
The Bankruptcy Judges of the Middle District of Florida have approved new and amended Local Rules, effective July 1, 2015. A brief summary of the revisions is available by clicking one of the links below.
Click here to access the amended Local Rules.
Click here to access the amended Local Rules.
New Amended Administrative Order Requiring Photo Identification by Unrepresented Parties (Posted: Monday, June 1, 2015)
Effective June 1, 2015, every unrepresented party, including debtor(s) wishing to file a voluntary bankruptcy petition and petitioning creditor(s) wishing to file an involuntary petition in any division of the United States Bankruptcy Court for the Middle District of Florida, must provide acceptable photo identification at the time of filing, and the required debtor(s) or petitioning creditor(s)signatures on the petition.
Bankruptcy Judgeship Position in the Northern District of Alabama at Birmingham. (Posted: Friday, May 29, 2015)
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 Northern District of Alabama at Birmingham.
For further details, click here to see the announcement.
For further details, click here to see the announcement.
Bankruptcy Judgeship Position in the Northern District of Georgia at Atlanta. (Posted: Friday, May 29, 2015)
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 Northern District of Georgia at Atlanta.
For further details, click here to see the announcement
For further details, click here to see the announcement
E-Orders in CM/ECF. (Posted: Monday, May 4, 2015)
As of today, all divisions have transitioned to E-Orders in CM/ECF. The court has prepared an electronic learning module for our CM/ECF users which may be viewed using the following link: Learning Module Any CM/ECF user who has designated filing agents, will need to make adjustments within CM/ECF to provide their filing agent with access to submit orders on your behalf. To assist with this process, please follow the steps outlined in the attached document. CMECF eOrders Process for External Users Finally, an updated Style Guide providing revised order formatting for CM/ECF E-Orders is now posted on the Court's website and may be viewed by clicking Here.
The Court's latest Court Connection Newsletter is currently available. (Posted: Thursday, April 16, 2015)
Click HERE to view.
Availability of a Bankruptcy Judge Position In The Middle District of Florida at Orlando. (Posted: Friday, April 10, 2015)
The United States Court of Appeals for the Eighth Circuit seeks applications from highly qualified candidates for a fourteen-year appointment as United States Bankruptcy Judge for the District of South Dakota. The position will have its duty station in Orlando, Florida, for the first five years of the term and thereafter as determined by the Eighth and Eleventh Circuits under the Memorandum of Understanding (MOU) for the Bankruptcy Judge Vacancy Pilot Program.
For further details see the Public Notice of Appointment of U.S. Bankruptcy Judge, the Application for United States Bankruptcy Judgeship and the Memorandum of Understanding regarding the Bankruptcy Judge Vacancy Pilot Program.
For further details see the Public Notice of Appointment of U.S. Bankruptcy Judge, the Application for United States Bankruptcy Judgeship and the Memorandum of Understanding regarding the Bankruptcy Judge Vacancy Pilot Program.
JUDGE McEWEN’S MENTORING PROGRAM FOR NEW BANKRUPTCY LAWYERS (Posted: Thursday, April 2, 2015)
The next session of Judge McEwen’s mentoring program for lawyers new to the practice of bankruptcy law is scheduled for Thursday April 2, 2015, from Noon to 1:30 p.m. in the bankruptcy court’s training room on the 5th floor, Sam M. Gibbons U.S. Courthouse in Tampa.
Proposed Amended and New Local Rules (Posted: Monday, March 9, 2015)
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 9, 2015. The public comment period ends on April 24, 2015. When promulgated by the judges, the amended and new Local Rules will become effective on July 1, 2015.
Click here to review the proposed amendments.
Click here to provide comments regarding the proposed amendments.
Click here to review the proposed amendments.
Click here to provide comments regarding the proposed amendments.
Reappointment of Judge John S. Dalis - Southern District of Georgia (Posted: Monday, February 16, 2015)
The current 14-year term of office of The Honorable John S. Dalis, United States Bankruptcy Judge for the Southern District of Georgia at Brunswick, is due to expire on 13 October 2015. The United States Court of Appeals for the Eleventh Circuit presently is considering whether to reappoint Judge Dalis to a new 14-year term of office. Members of the bar and the public are invited to submit written comments for consideration by the Court of Appeals.
Reappointment of Judge Margaret H. Murphy - Northern District of Georgia (Posted: Monday, February 16, 2015)
The current 14-year term of office of The Honorable Margaret H. Murphy, United States Bankruptcy Judge for the Northern District of Georgia at Atlanta, is due to expire on 18 October 2015. The United States Court of Appeals for the Eleventh Circuit presently is considering whether to reappoint Judge Murphy to a new 14-year term of office.
Alabama Bankruptcy Judge Announcement (Posted: Wednesday, February 4, 2015)
The United States Court of Appeals for the Eleventh Circuit announces the availability of a bankruptcy judgeship in the Southern District of Alabama. Please click to review the announcements and qualifications.
CM/ECF Server Maintenance (Posted: Tuesday, February 3, 2015)
Server maintenance on the CM/ECF server will occur on the morning of Saturday, February 21, 2015 beginning at 8 a.m. As a result, CM/ECF will be unavailable to both internal and external users from 8 a.m. until about 12 noon. No other programs will be affected.
The Court's latest Court Connection Newsletter is currently available (Posted: Monday, January 19, 2015)
Click HERE to view.
Negative Notice List (Posted: Sunday, December 21, 2014)
The Negative Notice Document list has been updated.
Please Click HERE or go to our CODE, ORDERS & Rules section.
Please Click HERE or go to our CODE, ORDERS & Rules section.
Court Closure (Posted: Monday, December 1, 2014)
Pursuant to Administrative Orders FLMB-2014-7 and FLMB 2014-8 , in addition to the regularly scheduled closure on the Federal Holidays of December 25, 2014 and January 1, 2015, all Divisions of the United States Bankruptcy Court, Middle District of Florida, will also be closed for regular business on Friday, December 26, 2014 and Friday, January 2, 2015.
Reappointment Of Incumbent Federal Public Defender - Northern District of Alabama (Posted: Monday, December 1, 2014)
Please review the Public Notice and submit comments to James P. Gerstenlauer, Circuit Executive, United States Court of Appeals for the Eleventh Circuit, 56 Forsyth Street, NW, Atlanta, GA 30303. Comments must be received in the Circuit Executive's Office no later than 16 January 2015.
Local Rules Lawyers' Advisory Committee Solicits Proposals for New or Revised Local Rules (Posted: Monday, December 1, 2014)
The Local Rules Lawyers Advisory Committee invites interested parties, including members of the Bar and court employees, to submit their suggestions, comments, and proposals for proposed new Local Rules or revisions to our current Local Rules. Suggestions should be submitted no later than September 30, 2014. You may click the link below to submit recommendations to the committee. http://pacer.flmb.uscourts.gov/localrules/comments-with-form.asp
The Judicial Conference Advisory Comittees posted proposed amendments to Bankruptcy and Civil Rules (Posted: Monday, December 1, 2014)
The Judicial Conference Advisory Committees on Bankruptcy and Civil Rules have proposed amendments to their respective rules and forms, and requested that the proposals be circulated to the bench, bar, and public for comment. The proposed rules and related information are posted on the Judiciary's website at: http://www.uscourts.gov/RulesAndPolicies/rules/proposed-amendments.aspx
The Top 10 Court Websites of 2014 (Posted: Saturday, November 1, 2014)
The US Bankruptcy Court, Middle Florida website was named one of the Top 10 Court Websites of 2014 by FACT (Forum on the Advancement of Court Technology- A Special Committee of the National Association for Court Management) at their annual July 2014 NACM conference held in Scottsdale, AZ. Florida Middle was the only federal court named to this honor. For more information on this award, click on the FACT “ e Badge ” on the lower right of the court site.
New Administrative Order Requiring Photo Identification by Unrepresented Parties (Posted: Monday, September 1, 2014)
Effective September 1, 2014, every unrepresented party, including debtors wishing to file a voluntary bankruptcy petition and petitioning creditors wishing to file an involuntary petition in any division of the United States Bankruptcy Court for the Middle District of Florida, must provide acceptable photo identification at the time of filing. In addition, any individual filing a petition on behalf of an unrepresented party also must provide acceptable photo identification at the time of filing. Failure to supply acceptable photo identification will result in an immediate hearing before the Court to determine whether the Clerk should accept the papers.
Judge McEwen's Mentoring Program for New Bankruptcy Lawyers (Posted: Tuesday, July 29, 2014)
The next session of Judge McEwen's mentoring program for lawyers new to Bankruptcy will be held on Tuesday, July 29, 2014, from noon to 1:30 p.m. Topic: Best Practices, Summary Judgment.
Judges McEwen's Mentoring Program For New Bankruptcy Lawyers (Posted: Tuesday, July 29, 2014)
The next session of Judge McEwen's mentoring program for lawyers new to the practice of bankruptcy law is scheduled for Thursday, October 2, 2014, from Noon to 1:30 p.m. in the bankruptcy court's training room on the 5th floor, Sam M. Gibbons U.S. Courthouse in Tampa.
The Court's latest Court Connection Newsletter is currently available (Posted: Friday, July 18, 2014)
Click HERE to view.
Permissive Use of Negative Notice List (Posted: Tuesday, July 1, 2014)
Effective July 1, 2014, the Court has revised the Permissive Use of Negative Notice List.
The Bankruptcy Judges of the Middle District of Florida have approved new and amended Local Rules, effective July 1, 2014 (Posted: Tuesday, July 1, 2014)
A brief summary of the revisions is available by clicking on the link
Reappointment Notice (Posted: Tuesday, June 24, 2014)
Reappointment of Bankruptcy Administrator Teresa R. Jacobs, Middle District of Alabama.
Change in Assignment of Volusia County from Jacksonville Division to Orlando Division (Posted: Wednesday, June 4, 2014)
The Judges of the Middle District of Florida have approved a revision to Local Rule 1071-1 Bankruptcy Court Divisions. The revision moves Volusia County from the Jacksonville Division to the Orlando Division. Amended Local Rule 1071-1 takes effect on August 1, 2014.
Attorney Noticing of Hearings Training Module (Posted: Tuesday, June 3, 2014)
Attorney Noticing of Hearings is live in all divisions beginning on June 9, 2014. The following is a link to a training module prepared by the court to provide instructional information.
Click Here to view the module.
Click Here to view the module.
Amendments to Local Rules - June 2, 2014 (Posted: Monday, June 2, 2014)
The Bankruptcy Judges of the Middle District of Florida have approved new and amended Local Rules, effective July 1, 2014. A brief summary of the revisions is available by clicking one of the links below.
Click here to access the amended Local Rules
Trustee Noticing Training Module - May 21, 2014 (Posted: Wednesday, May 21, 2014)
Trustee Noticing of Hearings is live in all divisions as of May 14, 2014. The following is a link to a training module prepared by the court to provide instructional information. Click here to view.
Revised Chapter 13 Model Plan in Ft. Myers and Tampa | Required as of June 1, 2014 (Posted: Thursday, May 1, 2014)
As of May 1, 2014, the judges of the Tampa and Ft. Myers Divisions have approved revisions to the Chapter 13 Model Plan. The revised Model Plan must be used by all Chapter 13 debtors in cases filed on or after June 1, 2014.
Paragraph 5 of the revised Model Plan provides that secured creditors who have filed proofs of claim prior to the claims bar date or within 14 days from the date of an order converting or dismissing the case, whichever date is earlier, shall have an administrative lien on plan payments paid by the debtor to the Chapter 13 Trustee prior to confirmation.
The subsections of Paragraph 5 designate the treatment of secured creditors. In particular, please note Paragraph 5(G), (H) and (I) of the Model Plan. In 5(G), the debtor may elect to pay secured claims/leased claims direct to the creditor. The automatic stay and any codebtor stay are terminated in rem upon the filing of the Plan and the debtor’s state law contract rights are not abrogated. In 5(H), the debtor may designate secured claims that are not provided for under the plan. The automatic stay and any codebtor stay are terminated, the debtor’s liability to the creditor is not discharged under the plan, and the debtor’s state law contract rights are not abrogated. In 5(I), the debtor may elect to surrender secured/leased property. The automatic stay is terminated in rem as to the secured creditor.
Revisions have also been made to the following form orders to make them consistent with the revised Model Plan: Order Establishing Duties of Debtor, etc., the Order Granting Trustee’s Motion to Dismiss, and the Order Governing Procedures After Conversion to Chapter 7.
Paragraph 5 of the revised Model Plan provides that secured creditors who have filed proofs of claim prior to the claims bar date or within 14 days from the date of an order converting or dismissing the case, whichever date is earlier, shall have an administrative lien on plan payments paid by the debtor to the Chapter 13 Trustee prior to confirmation.
The subsections of Paragraph 5 designate the treatment of secured creditors. In particular, please note Paragraph 5(G), (H) and (I) of the Model Plan. In 5(G), the debtor may elect to pay secured claims/leased claims direct to the creditor. The automatic stay and any codebtor stay are terminated in rem upon the filing of the Plan and the debtor’s state law contract rights are not abrogated. In 5(H), the debtor may designate secured claims that are not provided for under the plan. The automatic stay and any codebtor stay are terminated, the debtor’s liability to the creditor is not discharged under the plan, and the debtor’s state law contract rights are not abrogated. In 5(I), the debtor may elect to surrender secured/leased property. The automatic stay is terminated in rem as to the secured creditor.
Revisions have also been made to the following form orders to make them consistent with the revised Model Plan: Order Establishing Duties of Debtor, etc., the Order Granting Trustee’s Motion to Dismiss, and the Order Governing Procedures After Conversion to Chapter 7.
Appointment of Chapter 13 Standing Trustee (Posted: Monday, April 28, 2014)
The United States Trustee seeks resumes from persons wishing to be considered for appointment as a standing trustee to administer cases filed under chapter 13 of the bankruptcy code. The appointment, located in Ruskin (Tampa), FL, is for cases filed in the United States Bankruptcy Court for the Middle District of Florida.
Uniform State-Wide Procedures (Posted: Wednesday, April 23, 2014)
On February 27, 2014, a state-wide summit was held in Orlando to discuss uniform procedures to adopt in the respective mortgage modification mediation (MMM) programs operating in Florida’s Northern, Middle, and Southern Districts of the United States Bankruptcy Court.
Bankruptcy Filing Fee Increases Effective June 1, 2014 (Posted: Thursday, March 20, 2014)
The Judicial Conference of the United States met on March 11, 2014, and approved changes to the Bankruptcy Court Miscellaneous Fee Schedule effective June 1, 2014. A summary of those changes follow:
The fee for filing a complaint increases to $350.00.
The following administrative fees are increased to the totals noted:
- For the filing of a petition under Chapter 7, 12, or 13, $75.00.
- For the filing of a petition under Chapter 9, 11, or 15, $550.00.
- When a motion to divide a joint case under Chapter 7, 12, or 13 is filed, $75.00.
- When a motion to divide a joint case under Chapter 11 is filed, $550.00.
As a consequence the increases effective June 1, 2014, the full fee for filing a:
Chapter 7 will be $335.00
Chapter 9 will be $1,717.00
Chapter 11 will be $1,717.00
Chapter 12 will be $275.00
Chapter 13 will be $310.00
Chapter 15 will be $1,717.00.
The fee for filing a complaint increases to $350.00.
The following administrative fees are increased to the totals noted:
- For the filing of a petition under Chapter 7, 12, or 13, $75.00.
- For the filing of a petition under Chapter 9, 11, or 15, $550.00.
- When a motion to divide a joint case under Chapter 7, 12, or 13 is filed, $75.00.
- When a motion to divide a joint case under Chapter 11 is filed, $550.00.
As a consequence the increases effective June 1, 2014, the full fee for filing a:
Chapter 7 will be $335.00
Chapter 9 will be $1,717.00
Chapter 11 will be $1,717.00
Chapter 12 will be $275.00
Chapter 13 will be $310.00
Chapter 15 will be $1,717.00.
Local Rules Amendments - March 6, 2014 (Posted: Thursday, March 6, 2014)
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 for public comment commencing on March 5, 2014. The public comment period ends on April 18, 2014. When promulgated by the judges, the amended and new Local Rules will become effective on July 1, 2014.
Order Governing Administrative Orders (Posted: Wednesday, March 5, 2014)
Pursuant to the Order Governing Administrative Orders, Administrative Order FLMB-2007-1, a periodic review of outstanding administrative orders is needed to archive unneeded orders and confirm the enforceability of extant orders. This Order will update the outstanding administrative orders.
Chapter 13 Mortgage Modification Mediation Summit & Workshop February 27 & 28, 2014 in Orlando (Posted: Tuesday, February 18, 2014)
The statewide Chapter 13 Mortgage Modification Mediation Summit will be held on Thursday, February 27, 2014, in the jury assembly room of the Federal Courthouse in Orlando. Practitioners will discuss the programs in each district, focusing on what is working well and on possible efficiencies that could be implemented. Even if you are unable to attend, you can participate in the discussion and provide comments by visiting the Summit's website at www.mortgagemodsummit.com.
We have also provided you with a link to a Summary of responses received from survey takers to the jointly conducted survey on mortgage mitigation mediation programs offered in the three federal bankruptcy courts in Florida.
Amendment to Fed R Bankr P 1007(b)(7) effective December 1, 2013 (Posted: Sunday, December 1, 2013)
Effective December 1, 2013, the amendment to Fed. R. Bankr. P 1007(b)(7) provides an individual debtor the option of having an approved personal financial management course provider notify the court directly that the debtor has completed a post-petition instructional course concerning personal financial management. The U.S. Bankruptcy Court for the Middle District of Florida will allow, and encourages, approved financial management course providers to file certificates electronically through CM/ECF. Approved course provider applicants will need to submit a limited filer registration form on-line. If agencies need multiple filing logins, each individual
course provider should submit a registration form.
To review information provided to personal financial management course providers by the Administrative Office of the US Courts-DTS-Office of Systems Deployment and Support-October 2013, please click click here.
Filing Fee Increases and Changes effective December 1, 2013 (Posted: Wednesday, November 20, 2013)
The following actions have been taken by the Judicial Conference regarding filing fee increases and changes effective December 1, 2013.
- Under the Bankruptcy Miscellaneous Fee Schedule a new fee of $176.00 has been established for the filing of motions for the sale of property free and clear of liens under 11 U.S.C. § 363(f).
- The Judicial Conference increased the records retrieval fee in all federal courts by $11.00 (from $53.00 to $64.00) for the first box requested from a Federal Records Center, and created a new fee of $39.00 for each additional box requested.
- Also, under the Court of Appeals Miscellaneous Fee Schedule the Conference increased the appellate filing fee (referred to as the "docketing fee" in the schedule) from $450.00 to $500.00.
- Finally, the Conference amended the fee language for checks returned for insufficient funds, noting that the prior fee language - which applied only to "checks" - was outdated, as check payments have now largely been superseded by electronic payments. Please note that there is no change to the amount of this fee.
- Under the Bankruptcy Miscellaneous Fee Schedule a new fee of $176.00 has been established for the filing of motions for the sale of property free and clear of liens under 11 U.S.C. § 363(f).
- The Judicial Conference increased the records retrieval fee in all federal courts by $11.00 (from $53.00 to $64.00) for the first box requested from a Federal Records Center, and created a new fee of $39.00 for each additional box requested.
- Also, under the Court of Appeals Miscellaneous Fee Schedule the Conference increased the appellate filing fee (referred to as the "docketing fee" in the schedule) from $450.00 to $500.00.
- Finally, the Conference amended the fee language for checks returned for insufficient funds, noting that the prior fee language - which applied only to "checks" - was outdated, as check payments have now largely been superseded by electronic payments. Please note that there is no change to the amount of this fee.
Bankruptcy Judges mentoring program for new bankruptcy lawyers (Posted: Thursday, November 7, 2013)
The next session of the Bankruptcy Judges' mentoring program for lawyers new to the practice of bankruptcy law is scheduled for Wednesday, November 20, 2013, from Noon to 1:30 p.m. in the bankruptcy court's training room on the 5th Floor, Sam M. Gibbons U.S. Courthouse in Tampa.
National Pro Bono Celebration - October 20 - 26, 2013 (Posted: Friday, October 18, 2013)
In conjunction with the National Pro Bono Celebration, the Court is hosting a reception at 1 p.m. in the Tampa, Orlando and Jacksonville Divisions' training rooms for attorneys who have provided pro bono assistance on bankruptcy matters and who have RSVP'd for the reception.
Court Operations during the Government Shutdown - Update (Posted: Tuesday, October 15, 2013)
Due to the on-going government shutdown and unless new funding is approved, beginning on October 18, 2013, the United States Bankruptcy Court for the Middle District of Florida and its Clerk's office will only perform essential work of the court.
Permissive Use of Negative Notice List (Posted: Tuesday, October 15, 2013)
Effective October 15, 2013, the Court has revised the Permissive Use of Negative Notice List to include Applications for Final Compensation in Chapter 11 cases. Note that all fee applications must be accompanied by the Chapter 11 Fee Application Cover Page, available on the Court's website.
Operations in the Event of a Government Shutdown (Posted: Friday, September 27, 2013)
Until further notice, please note that the Bankruptcy Court and Clerk's Office will continue to operate under its normal schedule, including matters set for hearing and public hours, in the event of a government shutdown on October 1, 2013. Section §341 meetings of creditors will also continue, as noticed.
New CM/ECF Help Desk web tool (Posted: Friday, September 20, 2013)
On September 25, 2013, the Court introduced a new CM/ECF HelpDesk web tool. This tool was designed to streamline the process of locating CM/ECF related information on the Court's website and ensuring requests for assistance are routed to the members of the Clerk's Office most qualified to respond.
Click here to view the Captivate module (ELM) that covers the new HelpDesk web tool.
Tampa/Fort Myers Congressional Reception held in the Tampa and Fort Myers courthouses (Posted: Thursday, September 19, 2013)
Handout by the Tampa and Fort Myers Divisions for the Tampa/Fort Myers Congressional Reception held in the Tampa and Fort Myers courthouses on September 18, 2013 - September 19, 2013
Implementation of Mortgage Mitigation Mediation Survey (Posted: Monday, September 16, 2013)
The U.S. Bankruptcy Courts for the Southern, Middle and Northern Districts of Florida are jointly conducting a survey on mortgage mitigation mediation programs offered in their respective courts. The survey will be open for responses from September 16 - December 2, 2013.
Intermittent outages of CM/ECF and other web applications on August 17 (Posted: Saturday, August 17, 2013)
The Administrative Office will be performing computer network maintenance on August 17. As a result, intermittent outages of CM/ECF and other web applications may occur from 10am to 2pm EST.
Filing Agent Implementation August 1, 2013 - July 29, 2013 (Posted: Monday, July 29, 2013)
Effective August 1, 2013, the Bankruptcy Court for the Middle District of Florida will implement the filing agent tool in CM/ECF. The filing agent user was created to assist attorneys, trustees and the Office of the U.S. Trustee with input into the CM/ECF system. Some facts about the filing agent user are as follows and are further described in the attached handout:
• The filing agent files on behalf of an attorney or trustee.
• The filing agent uses his or her own login and password.
• The filing agent may be linked to multiple attorneys and trustees.
• Filing agents are not standard user types therefore; the notice of electronic filing (NEF) and docket text will only display the attorney or trustee's name as the filer, not the filing agents.
Important to note is the attorney or trustee accepts full responsibility for any and all cases, documents and/or pleadings filed by the filing agent. Only the attorney or trustee has the ability to create a filing agent, edit permissions or deactivate a filing agent.
An electronic learning module (ELM) was created to further demonstrate the features of the filing agent tool (click here to view the ELM module). Note: Please be advised that not all functionality discussed in the ELM will mirror what you see in the Bankruptcy Court for the Middle District of Florida's database.
Should you have any questions, please contact a member of the Help Desk.
Third FLMB Quarterly Newsletter - July 19, 2013 (Posted: Friday, July 19, 2013)
Click on the link below to access the Court's third quarterly newsletter.
Web Site Survey Questionaire - July 8, 2013 (Posted: Monday, July 8, 2013)
The U.S. Bankruptcy Court for the Middle District of Florida is in the process of revising its web site in an effort to make it more beneficial to the viewers. The received feedback is anonymous and will only be used for the purpose of making improvements to the Court web site.
To access the survey, log into CM/ECF. Select Bankruptcy, Adversary, Reports, or Utilities and click on the CLICK FOR IMPORTANT CM/ECF MESSAGES link.
Expense Reimbursement Guidelines - June 26, 2013 (Posted: Wednesday, June 26, 2013)
Consistent with Local Rule 2016-1(e) and Bankruptcy Rule 2016, this expense reimbursement guideline is intended to serve as a guide to professionals who submit employment and expense applications to the Court. Reimbursement for expenses is confined to the actual and reasonable expenses that are necessary to perform the assignment. Any application for reimbursement must be supported by documentation as appropriate.
Reappointment of Judge C. Ray Mullins - Chief United States Bankruptcy Judge Northern District of Georgia - June 5, 2013 (Posted: Wednesday, June 5, 2013)
Reappointment of Judge Michael G. Williamson - United States Bankruptcy Judge Middle District of Florida - June 5, 2013 (Posted: Wednesday, June 5, 2013)
Amendments to Local Rules - May 31, 2013 (Posted: Friday, May 31, 2013)
The Bankruptcy Judges of the Middle District of Florida have approved new and amended Local Rules, effective July 1, 2013.
Revised Permissive Use of Negative Notice List - May 23, 2013 (Posted: Thursday, May 23, 2013)
The Court has revised the Permissive Use of Negative Notice List (see below) to include Motion to Determine Secured Status/Value Property and Motion to Determine Secured Status/Strip Lien in Chapter 11 cases and Motion to Offset Funds Filed by Trustee in Chapter 13 Cases. The revised list may be viewed here.
Proposed Amended Local Rule 9019-2 (ADR); Mediation - May 12, 2013 (Posted: Sunday, May 12, 2013)
The judges of the United States Bankruptcy Court for the Middle District of Florida are considering significant amendments to Local Rule 9019-2 (ADR); Mediation. The proposed amended local rule is posted below for public comment commencing May 14, 2013. The public comment period ends on May 28, 2013. Upon final approval by the judges, the amended local rule will be posted on June 1, 2013, with an effective date of July 1, 2013.
Two new training modules available to assist attorneys and trustees service of orders - May 10, 2013 (Posted: Friday, May 10, 2013)
Notice of Bankruptcy Judges' Mentoring Program for New Bankruptcy Lawyers - May 9, 2013 (Posted: Thursday, May 9, 2013)
Filing Fee increases and changes effective May 1, 2013 - April 26, 2013 (Posted: Friday, April 26, 2013)
The filing fee for reopening a Chapter 9 case is increasing to $1,167.00
The filing fee for reopening a Chapter 15 case is increasing to $1,167.00
A new fee of $25.00 for each claim being transferred will be imposed.
CM/ECF v5.1 upgrade - April 21, 2013 (Posted: Sunday, April 21, 2013)
CM/ECF is fully operational on version 5.1 and users have full access to the system.
Change of Limited Filer Filing Events - April 15, 2013 (Posted: Monday, April 15, 2013)
Effective April 15, 2013 the Event List for Limited Filers is changing. This list restricts the limited filers to only those events which are in line with their filing privileges. The full list of limited filer events will be located in CM/ECF under Bankruptcy Events. If you should have any questions or concerns, please contact the Help Desk/Training Team.
Notice of change in service procedures - April 4, 2013 (Posted: Thursday, April 4, 2013)
Effective May 1, 2013 the Clerk's office of the Middle District of Florida Bankruptcy Court will no longer serve copies of orders to interested parties in a case. With very few exceptions it will be the responsibility of the Movant, the prevailing party or other party as directed by the Court ("Responsible Party") to serve copies of signed orders to interested parties and file a proof of service in compliance with Local Rules 7005-1, 7005-3, 9014-1 and 9072-1 and F.R.B.P. 2002, 5005, 7004 and 7005.
Presumptively Reasonable Debtor's Attorney Fee and a la carte fees - April 2, 2013 (Posted: Tuesday, April 2, 2013)
Presumptively Reasonable Debtor's Attorney Fee and a la carte fees have been adjusted pursuant to Sec. 104 of the Bankruptcy Code for all Chapter 13 cases filed in the Tampa and Ft. Myers Divisions on or after April 1, 2013.
Revised Negative Notice List Effective March 25, 2013 - March 25, 2013 (Posted: Monday, March 25, 2013)
The Court has revised the Permissive Use of Negative Notice List (see below) to include Interim Applications for Compensation (Chapter 11) and Motions to Confirm Priority of Modified Mortgage (Chapters 7 and 13).
Judges' Quarterly Mentoring Program - March 25, 2013 (Posted: Monday, March 25, 2013)
Any attorney who attended the Judges' Quarterly Mentoring Program on the Means Test on 2/26/13 and has not yet received information about CLE credit, please call (813) 301-5082.
Press Release - New Judge appointed in Orlando - March 5, 2013 (Posted: Tuesday, March 5, 2013)
Proposed amendments to the Local Rules for public comment - March 1, 2013 (Posted: Friday, March 1, 2013)
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 on the link below for public comment commencing on March 1, 2013. The public comment period ends on April 15, 2013.
Revised Chapter 13 Model Plan in Ft. Myers and Tampa - Effective March 15, 2013 - February 28, 2013 (Posted: Thursday, February 28, 2013)
The judges of the Ft. Myers and Tampa Divisions have approved revisions to the Chapter 13 Model Plan. The revised Model Plan must be used by all Chapter 13 debtors in cases filed on or after March 15, 2013.
The revisions to the Model Plan are highlighted in yellow. The Model Plan now requires an affirmative representation that the plan conforms to the Model Plan, and strikes non-conforming provisions not set forth in Additional Provisions, paragraph 5. In addition, the Model Plan now permits the debtor to elect when property of the estate is vested in the debtor, either at confirmation or upon the debtor's discharge or dismissal of the case. See 11 U.S.C. § 1327(b). Debtors and their counsel should give careful consideration to this election, as it may result in significant legal consequences.
Click here to view the Revised Chapter 13 Model Plan
Evaluation Solutions, LLC and ES Appraisal Services, LLC (Jacksonville) information - February 27, 2013 (Posted: Wednesday, February 27, 2013)
Evaluation Solutions, LLC and ES Appraisal Services, LLC filed for bankruptcy pursuant to Chapter 7 on January 25, 2013, in the Middle District of Florida, Jacksonville Division and is assigned to The Honorable Jerry A. Funk under jointly administered case number 3:13-bk-00446.
Information may be obtained through the website established by the trustee (http://www.es.creditorinfo.com).
Attorney for the Debtor is Bradley R. Markey, of the law firm Stutsman, Thames & Markey, PA. Their office is located at 50 North Laura Street, Suite 1600, Jacksonville, Florida 32202-3614, and their telephone number is 904-358-4000.
The case manager responsible for this case is Cathy Perkins. Her telephone number is 904-301-6522.
Proofs of Claim are not docketed or maintained by the Clerk's Office. BMC Group currently handles the processing of all claims in this case. A separate claim must be filed against each Debtor in which a creditor asserts a claim.
By regular US Mail:
Evaluation Solutions
c/o BMC Group, Claims Processing
P.O. Box 3020
Chanhassen, MN 55317-3020
By Messenger or overnight courier:
Evaluation Solutions, LLC
c/o BMC Group, Claims Processing
18675 Lake Drive East
Chanhassen, MN 55317
Electronic case filing is mandatory in the Jacksonville Division. If you are an attorney who is already registered to file electronically in another bankruptcy district and you wish to obtain a password in order to electronically file in the Middle District of Florida, you must complete an on-line Out of District ECF Registration Form which can be found by clicking the CM/ECF Registration link located on the home page of our court's website.
Please refer to http://www.es.creditorinfo.com or the Court's website.
Approved Residential Mortgage Modification Course - February 21, 2013 (Posted: Thursday, February 21, 2013)
Notice of Bankruptcy Judge's next Jr. Lawyer Mentoring Program - February 7, 2013 (Posted: Thursday, February 7, 2013)
Release of Chief Justice Roberts' 2012 Year End Report on the state of the Federal Judiciary - February 7, 2013 (Posted: Thursday, February 7, 2013)
District-wide Form for Admission to List of Residential Mortgage Foreclosure Mediators - January 31, 2013 (Posted: Thursday, January 31, 2013)
Click here for the Admission Form
Click here to view the Administrative Order
Click here to view the Mortgage Modification Mediators for the District
Rededication Ceremony for the George C. Young Federal Building - January 24, 2013 (Posted: Thursday, January 24, 2013)
Rededication Ceremony for the George C. Young Federal Building and United States Courthouse at 400 West Washington Street, Orlando, Florida on Friday, February 8, 2013 at 10:30am EST. Kindly RSVP to Ms. Kelly Haynes via email at: kelly.haynes@gsa.gov
Open House for family and friends on February 8, 2013 from 4:00pm to 6:00pm EST - George C. Young Federal Building and United States Courthouse, 400 West Washington Street, Orlando, Florida.
Orlando's Intake will be closed at 3:00pm EST on February 8, 2013.
Open House for family and friends on February 8, 2013 from 4:00pm to 6:00pm EST - George C. Young Federal Building and United States Courthouse, 400 West Washington Street, Orlando, Florida.
Orlando's Intake will be closed at 3:00pm EST on February 8, 2013.
Reappointment of Dwight H. Williams, Jr., Chief United States Bankruptcy Judge in the Middle District of Alabama - January 18, 2013 (Posted: Friday, January 18, 2013)
Proposed Rule Amendments Published for Public Comment - January 14, 2013 (Posted: Monday, January 14, 2013)
The Judicial Conference Advisory Committees on the Appellate, Bankruptcy, Civil, Criminal, and Evidence Rules have proposed amendments to their respective rules and requested that the proposals be circulated to the bench, bar, and public for comment. The public comment period ends on February 15, 2013.
Attention: All Pro Se debtors and other unrepresented parties - January 10, 2013 (Posted: Thursday, January 10, 2013)
During the course of a bankruptcy case or proceeding, bankruptcy court notices are mailed by the Bankruptcy Noticing Center (BNC) on behalf of the court. The BNC, which is operated by a private contractor, provides notice production and mailing services for the
court, but THE BNC IS NOT THE COURT. PLEASE DO NOT SEND DOCUMENTS OR EMAIL REPLIES TO THE BNC. Documents related to a bankruptcy case or proceeding should be sent directly to the court (click here for court addresses).
Reminder of requirement to maintain email addresses in CM/ECF - December 20, 2012 (Posted: Thursday, December 20, 2012)
The Court's CM/ECF system sends emails regarding case activity to primary and any additional email addresses that registered attorney users have entered in their CM/ECF user accounts. Often the Court receives returned or "bounced-back" emails primarily as a result of email addresses being entered incorrectly or email accounts being full or closed.
Please be advised that the Court's Local Rule 1001-2(h) states "Registration as an Electronic User constitutes: (1) waiver of the right to receive notice by first-class mail and consent to receive notice electronically; and (2) waiver of the right to service by personal service or first-class mail and consent to electronic service, except with regard to summons and complaint under Fed. R. Bankr. P. 7004…"
Further, the Bankruptcy Court for the Middle District of Florida implemented the Reduced Paper Module (RPM) which means that in most cases where an electronic filer is a party, only electronic notice will be sent. The court no longer sends redundant paper notices and orders with a few exceptions.
It is your responsibility to properly maintain your CM/ECF user account with up-to-date email addresses in order to receive all electronic notices timely. Additionally it is your responsibility to monitor case activity.
Please be advised that the Court's Local Rule 1001-2(h) states "Registration as an Electronic User constitutes: (1) waiver of the right to receive notice by first-class mail and consent to receive notice electronically; and (2) waiver of the right to service by personal service or first-class mail and consent to electronic service, except with regard to summons and complaint under Fed. R. Bankr. P. 7004…"
Further, the Bankruptcy Court for the Middle District of Florida implemented the Reduced Paper Module (RPM) which means that in most cases where an electronic filer is a party, only electronic notice will be sent. The court no longer sends redundant paper notices and orders with a few exceptions.
It is your responsibility to properly maintain your CM/ECF user account with up-to-date email addresses in order to receive all electronic notices timely. Additionally it is your responsibility to monitor case activity.
Holiday closures for the United States Bankruptcy Court - December 18, 2012 (Posted: Tuesday, December 18, 2012)
In addition to the regularly scheduled closures on the Federal Holidays of December 25, 2012 and January 1, 2013, all Divisions of the United States Bankruptcy Court, Middle District of Florida, will be closed on December 24, 2012, and December 31, 2012, pursuant to Administrative Order FLMB-2012-1.
Official Forms Changes - November 27, 2012 (Posted: Tuesday, November 27, 2012)
Official Forms B7, B9, B10 and B21 will be changed effective December 1, 2012. Copies of the new forms are available on the U.S. Courts Web site by clicking HERE.
The following is a summary of the form changes:
Form B7 Statement of Financial Affairs is amended to make the definition of "insider" consistent with the statutory definition found in the United States Bankruptcy Code. Forms B9A through B9I Notices of Bankruptcy Case Meeting of Creditors and Deadlines are amended to remind creditors not to attach the form Notice to any proof of claim or other filing in the case for privacy reasons. Form B10 Proof of Claim is amended to remind filers of attachment requirements under Rule 3001(c). A previous direction requiring a power of attorney for authorized agents has been removed. Form B21 Statement of Social Security Number of Taxpayer-Identification Number is amended to remind debtors that this form should be submitted to the court. This form and debtors' social security numbers or taxpayer-identification numbers are non-public information.
Orlando Courthouse announcements and information - November 18, 2012 (Posted: Sunday, November 18, 2012)
Hearings scheduled on or after November 19, 2012, will be heard at the George C. Young Federal Courthouse, 6th Floor, 400 W. Washington Street, Orlando, FL.
Section 341 Meeting of Creditors scheduled on or before November 30, 2012, will be held at 135 West Central Blvd., 6th Floor, Orlando, FL.
Please continue to monitor court website for further updates.
Click here to view updated announcements and information
Filing Fee Increases effective November 21, 2012 - November 5, 2012 (Posted: Monday, November 5, 2012)
Please be advised that there are several fee increases that take effect on November 21, 2012. The following is a list of the fee increases.
Fee for filing a Chapter 9 case increases to *$1,213.00
Fee for filing a Chapter 11 case increases to *$1,213.00
Fee for filing a Chapter 15 case increases to *$1,213.00
Fee for filing a motion to reopen a Chapter 11 case increases to $1,167.00
Fee for filing a motion by the debtor to divide (sever) a joint Chapter 11 case increases to *$1,213.00.
Fee for converting a Chapter 7 case to a Chapter 11 increases to $922.00
Fee for converting a Chapter 13 case to a Chapter 11 increases to $932.00
*(Includes the statutory fee of $1,167 and an Administrative Fee of $46)
Bankruptcy Judges' Mentoring Program for new Bankruptcy Lawyers November 28, 2012 - October 26, 2012 (Posted: Friday, October 26, 2012)
The next session of the Bankruptcy Judges' mentoring program for lawyers new to the practice of bankruptcy law is scheduled for Wednesday, November 28, 2012, from 12:00 to 1:30 p.m. in the bankruptcy court's training room on the 5th Floor, Sam M. Gibbons U.S. Courthouse, Tampa.
Click here for more information
Celebrate Pro Bono 2012 - October 18, 2012 (Posted: Thursday, October 18, 2012)
Celebrate Pro Bono 2012! is the theme of this year's National Celebration of Pro Bono Week. During this week, the American Bar Association Standing Committee on Pro Bono and Public Service is encouraging even greater pro bono participation by lawyers throughout the nation. For a list of pro bono opportunities in your area, please click HERE. To sign up to volunteer to represent a party in an adversary proceeding or contested matter through the Court's Legal Assistance Program for Low-Income Parties, please go to the Legal Assistance page of the Court's website.
Fourth FLMB Quarterly Newsletter - October 18, 2012 (Posted: Thursday, October 18, 2012)
Click on the link below to access the Court's fourth quarter newsletter.
Reminder of requirement to maintain email addresses in CM/ECF - October 2, 2012 (Posted: Tuesday, October 2, 2012)
The Court's CM/ECF system sends emails regarding case activity to primary and any additional email addresses that registered attorney users have entered in their CM/ECF user accounts. Often the Court receives returned or "bounced-back" emails primarily as a result of email addresses being entered incorrectly or email accounts being full or closed.
Please be advised that the Court's Local Rule 1001-2(h) states "Registration as an Electronic User constitutes: (1) waiver of the right to receive notice by first-class mail and consent to receive notice electronically; and (2) waiver of the right to service by personal service or first-class mail and consent to electronic service, except with regard to summons and complaint under Fed. R. Bankr. P. 7004…"
Further, the Bankruptcy Court for the Middle District of Florida implemented the Reduced Paper Module (RPM) which means that in most cases where an electronic filer is a party, only electronic notice will be sent. The court no longer sends redundant paper notices and orders with a few exceptions.
It is your responsibility to properly maintain your CM/ECF user account with up-to-date email addresses in order to receive all electronic notices timely. Additionally it is your responsibility to monitor case activity.
To update email addresses, log into CM/ECF, select Utilities and Maintain Your ECF Account and then select "email". You may update and add email addresses but may not delete your primary email address. For additional information on how to update your email address click here. Changes to your name, firm, or address information cannot be made through Maintain Your ECF Account under Utilities. You must contact the Court's Help Desk for instruction and assistance to make these changes
Corrective Action entry system (CAT/CAR)-Effective 10/1/2012 - October 1, 2012 (Posted: Monday, October 1, 2012)
The United States Bankruptcy Court for the Middle District of Florida has significantly revised its Corrective Action entry system (CAT/ CAR) which becomes effective Monday, October 1, 2012.
Those who file documents electronically with the Bankruptcy Court or review the CM/ECF Electronic Notification emails are encouraged to review the new Corrective Action system at the below link:
Chapter 13 Plans - Change in Jacksonville Clerk's Office Procedure - September 18, 2012 (Posted: Tuesday, September 18, 2012)
Effective Monday, October 1, 2012, the Clerk's Office will no longer serve copies of plans or amended plans on all interested parties in bankruptcy cases, with the exception of the original plan if it is filed at the same time as the voluntary petition. If the original plan is not filed at the same time as the petition, the debtor's attorney will be responsible for serving the plan on all interested parties in the case and file a certificate of service with the Court.
This cost saving measure is being implemented as the Court moves toward a drastically reduced budget for fiscal year 2013.
This cost saving measure is being implemented as the Court moves toward a drastically reduced budget for fiscal year 2013.
Centralized Processing of Returned BNC Mail - September 14, 2012 (Posted: Friday, September 14, 2012)
This month, the Judiciary's Bankruptcy Noticing Center (BNC) contractor will begin accepting, processing and securely disposing of notices that would otherwise be returned to the bankruptcy courts by the United States Postal Service (USPS). The service will eliminate nearly all manual processing of returned mail currently performed by court personnel and will provide timely notification to debtors' attorneys of returned notices.
Bankruptcy Judges Mentoring Program for new Bankruptcy Lawyers - August 24, 2012 (Posted: Friday, August 24, 2012)
The next session of the Bankruptcy Judges' mentoring program for lawyers new to the practice of bankruptcy law is scheduled for Wednesday, September 12, 2012, from 12:00 to 1:30 p.m. in the bankruptcy court's training room on the 5th Floor, Sam M. Gibbons U.S. Courthouse.
Reappointment of Judge William R. Sawyer (Middle District of Alabama Bankruptcy Court) - August 24, 2012 (Posted: Friday, August 24, 2012)
Proposed Amendments Published for Public Comment - August 20, 2012 (Posted: Monday, August 20, 2012)
The Judicial Conference Advisory Committees on Appellate, Bankruptcy, Criminal, and Evidence Rules have proposed amendments to their respective rules and forms, and requested that the proposals be circulated to the bench, bar, and public for comment. The proposed amendments, Rules Committee reports explaining the proposed changes, and other information are posted on the Judiciary's website at http://www.uscourts.gov/RulesAndPolicies/rules/proposed-amendments.aspx. The public comment period ends February 15, 2013.
Information regarding the Republican National Convention in Tampa - August 2, 2012 (Posted: Thursday, August 2, 2012)
Access to the Sam M. Gibbons U.S. Courthouse will be very limited during the Republican National Convention ("RNC") that will be held in Tampa, Florida, during the week of August 27, 2012. No Court proceedings will be held in the Tampa Courthouse that week. Attorneys, as always, must rely on CM/ECF to file pleadings. The United States District Court has agreed to allow delivery of paperwork via their filing deposit box which will be located on the first floor of the Courthouse. The Court encourages the public to file papers through CM/ECF or by mail. For those unable to file through CM/ECF or the mail, an Administrative Order will be entered allowing filings by fax provided the original is received by 12 noon on Tuesday, September 4.
Local Rules Lawyers' Advisory Committee Solicits Proposals for New or Revised Local Rules - July 31, 2012 (Posted: Tuesday, July 31, 2012)
Third FLMB Quarterly Newsletter - July 25, 2012
Click on the link below to access the Court's third quarterly newsletter.
Third FLMB Quarterly Newsletter - July 25, 2012 (Posted: Wednesday, July 25, 2012)
Click on the link below to access the Court's third quarterly newsletter.
Notice to Customers Making Payment by Check - July 19, 2012 (Posted: Thursday, July 19, 2012)
When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction.
Privacy Act - A Privacy Act Statement required by 5 U.S.C. § 552a(e)(3) stating our authority for soliciting and collecting the information from your check, and explaining the purposes and routine uses which will be made of your check information, is available from our internet site at (http://www.fms.treas.gov/otcnet/index.html), or call toll free at (1-866-945-7920) to obtain a copy by mail. Furnishing the check information is voluntary, but a decision not to do so may require you to make payment by some other method.
Privacy Act - A Privacy Act Statement required by 5 U.S.C. § 552a(e)(3) stating our authority for soliciting and collecting the information from your check, and explaining the purposes and routine uses which will be made of your check information, is available from our internet site at (http://www.fms.treas.gov/otcnet/index.html), or call toll free at (1-866-945-7920) to obtain a copy by mail. Furnishing the check information is voluntary, but a decision not to do so may require you to make payment by some other method.
CM/ECF Online Training Course - Update - July 12, 2012 (Posted: Thursday, July 12, 2012)
The Court's CM/ECF Online Training Course has been updated to include seven additional recommended learning modules: Filing a Notice of Change of Address for the Debtor, Filing a Transfer of Proof of Claim. Filing a Withdrawal of a Proof of Claim and Filing a Withdrawal of a Document or Pleading. In addition, two learning modules have been updated: Filing a Notice of Change of Address for a Creditor and Filing a Motion to Avoid Lien. Refer to the Court's News and Announcements Section regularly as additional learning modules will be added over the next few months.
Reappointment of Bankruptcy Judge A. Jay Cristol in the Southern District of Florida - June 22, 2012 (Posted: Wednesday, June 20, 2012)
New Password Security Standards for CM/ECF - June 20, 2012 (Posted: Wednesday, June 20, 2012)
The Middle District of Florida Bankruptcy Court is taking measures to improve password security in CM/ECF. Under the new standards, all CM/ECF passwords must be a minimum of 8 characters, and must include both upper- and lower-case alphabetic characters and at least one digit or special character [e.g., 0-9, @, #, $, %, &, *, +, :].
Additionally, after five invalid login attempts on a particular account, the account is locked out for five minutes. After the timeout period, if an invalid password is again given for the account, a new timeout period (one minute longer than the previous) is started. Every additional invalid password entered after a timeout will increase the duration of the next timeout.
Upon a filer's first login attempt in CM/ECF after the new standards are activated, the following message will display:
Clicking the link in the message will allow the filer to change his or her password to meet the new standards.
The new standards will go into effect at close of business on June 22, 2012.
If you are not prompted upon CM/ECF login or notified via email to update password, your password is already in compliance with these guidelines.
Order Reassigning Certain Pending Tampa Division Cases - June 14, 2012 (Posted: Thursday, June 14, 2012)
NCBJ Announces Blackshear Fellowship Opportunities for 2012 Conference - June 13, 2012 (Posted: Wednesday, June 13, 2012)
The National Conference of Bankruptcy Judges is now accepting applications for its Honorable Cornelius Blackshear Presidential Fellowships for minority lawyers who practice bankruptcy law. Go here for information about Judge Blackshear, the Fellowship criteria, the application form, and other information about the program: www.ncbj.org/Blackshear_Fellowship.aspx.
Named after esteemed Bankruptcy Judge Blackshear (now retired) of the Southern District of New York, the fellowship program provides both free conference registration ($900 value) and a stipend for reasonable travel/hotel expenses for five up-and-coming minority bankruptcy practitioners (with less than 10 years' experience) who wish to attend the annual conference of the National Conference of Bankruptcy Judges and who otherwise meet the selection criteria. This year's conference will be held October 24-27 in San Diego at the Marriott Marquis. To view this year's conference agenda, go to www.ncbj.org/documents/2012_BROCHURE.pdf.
The deadline for submitting an application is JULY 13th. The application must be faxed to NCBJ NBA Liaison Committee Chair Honorable Jeffery P. Hopkins (fax: 513-357-5420).
Named after esteemed Bankruptcy Judge Blackshear (now retired) of the Southern District of New York, the fellowship program provides both free conference registration ($900 value) and a stipend for reasonable travel/hotel expenses for five up-and-coming minority bankruptcy practitioners (with less than 10 years' experience) who wish to attend the annual conference of the National Conference of Bankruptcy Judges and who otherwise meet the selection criteria. This year's conference will be held October 24-27 in San Diego at the Marriott Marquis. To view this year's conference agenda, go to www.ncbj.org/documents/2012_BROCHURE.pdf.
The deadline for submitting an application is JULY 13th. The application must be faxed to NCBJ NBA Liaison Committee Chair Honorable Jeffery P. Hopkins (fax: 513-357-5420).
Opportunity to Decline Notices of Electronic Filing - June 11, 2012 (Posted: Monday, June 11, 2012)
Attorneys in adversary proceedings have traditionally received Notices of Electronic Filings for the adversary proceedings in which they are directly involved and for their related bankruptcy cases. On June 11, 2012, the Middle District of Florida Bankruptcy Court will offer a new option that allows attorneys in adversary proceedings to opt out of certain e-mail notifications in the related bankruptcy case.
Click here to read the entire announcement
Negative Notice List Revised May 25, 2012 - May 25, 2012 (Posted: Friday, May 25, 2012)
In light of the Eleventh Circuit Court of Appeal's recent decision in In re McNeal, 2012 WL 116498, the Court's Permissive Use of Negative Notice List has been amended to include "Motion to Determine Secured Status/Strip Lien on Real Property (30-day notice required)" in Chapter 7 cases.
A copy of the Court's Negative Notice List may be found on the Court's website.
A copy of the Court's Negative Notice List may be found on the Court's website.
Availability of a Bankruptcy Judge Position In The Middle District of Florida at Orlando - May 8, 2012 (Posted: Tuesday, May 8, 2012)
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 Middle District of Florida at Orlando. The basic jurisdiction of a bankruptcy judge is specified in Title 28, United States Code and explained in Title 11, United States Code, as well as in 98 Stat. 344, Pub. L. 98-353, Title I, § 120.
The Honorable Alexander L. Paskay - April 30, 2012 (Posted: Monday, April 30, 2012)
The Honorable Alexander L. Paskay passed away (peacefully) April 27, 2012, with Mrs. Paskay (his wife of 62 years) and their sons, Steve and Rick at his side. Judge Paskay will certainly be missed by his Colleagues in this District and around the nation, together with his Court family in the Tampa and Ft. Myers Divisions.
Funeral services were held on Saturday, May 5, 2012, at 2:00 p.m. at Sacred Heart Catholic Church, (Corner of Twiggs Street and Florida Avenue), 509 North Florida Avenue, Tampa, Florida.
A Gathering of loved ones and friends met following the service at Stetson University College of Law, Tampa Law Center, 1700 North Tampa Street, Tampa, Florida.
Those wishing to honor his memory may make a contribution to one of the following:
Judge Alexander L. Paskay Endowed Scholarship Fund
Stetson University College of Law
1401 61st Street, South
Gulfport, FL 33707
Moffitt Cancer Center Foundation
P. O. Box 23827
Tampa, FL 33633-3827
LifePath Hospice Administrative Office
3010 W. Azelle Street
Tampa, FL 33609
Retirement of The Honorable Arthur B. Briskman - April 30, 2012 (Posted: Monday, April 30, 2012)
On July 24, 2012, Judge Arthur B. Briskman will retire. After serving several years on the Senate Judiciary Committee and in private practice in Mobile, Alabama, Arthur Briskman was appointed as a Bankruptcy Judge on November 22, 1985. He first sat as a judge in Alabama, and, starting in 1993, in Orlando. He has served this country as a true public servant in every sense of the word every day for decades.
Judge Briskman has agreed to remain on recall status. Orlando and the Middle District have benefitted greatly from his labors and we all congratulate him on this transition.
Judge Briskman has agreed to remain on recall status. Orlando and the Middle District have benefitted greatly from his labors and we all congratulate him on this transition.
CM/ECF Online Training Course - Update - April 20, 2012 (Posted: Friday, April 20, 2012)
The Court's CM/ECF Online Training Course has been updated to include two additional recommended learning modules: CM/ECF Reports and Filing a Reaffirmation. In addition, several learning modules have been repaired as a result of feedback provide by users of the Program: Filing an Objection to Proof of Claim, Filing a Plan, Filing an Amended Plan and Filing a Proof of Claim. Refer to the Court's News and Announcements Section regularly as additional learning modules will be added over the next few months.
Second FLMB Quarterly Newsletter - April 18, 2012 (Posted: Wednesday, April 18, 2012)
Click on the link below to access the Court's second quarterly newsletter.
Revised Negative Notice List Effective April 16, 2012 - April 2, 2012 (Posted: Monday, April 2, 2012)
The Court has revised the Permissive Use of Negative Notice List (see below) to more clearly describe those motions and papers which may be filed using negative notice as permitted by Local Rule 2002-4. In order to assist practitioners, the Negative Notice List is now categorized by bankruptcy chapter (7, 11, 12 and 13). Motions and papers that are not described on the Negative Notice List will be set for hearing or, if appropriate, granted or denied without a hearing.
CM/ECF Online Training Course - Update - April 2, 2012 (Posted: Monday, April 2, 2012)
The Court's Debtor Attorney CM/ECF Online Training Course has been updated to include five additional recommended learning modules: Filing a Plan; Filing an Amended Plan; Filing a Motion to Avoid Lien; Filing an Application to Pay Filing Fee in Installments and Filing an Application for Waiver of Filing Fee. Refer to the Court's News and Announcements Section regularly as additional learning modules will be added over the next few months.
April is National Financial Literacy Month - March 30, 2012 (Posted: Friday, March 30, 2012)
April has been designated by Congress as National Financial Literacy Month. The United States Bankruptcy Judges of the Middle District of Florida are participating in this annual promotion of financial well-being and invite you to browse the following resources for acquiring good financial habits.
Click here to browse the resources for acquiring good financial habits
CM/ECF Online Training Course - March 16, 2012 (Posted: Friday, March 16, 2012)
A significant change to CM/ECF training will take place on March 19, 2012, when the Clerk's Office will introduce its new CM/ECF online training course. This course is designed to train attorneys, their staff, and other outside filers who want to file in a limited capacity. The online course replaces the training classes, which were provided at the District's divisional offices since the Court went live on CM/ECF in February 2002.
The online course is made up of a series of electronic learning modules (ELMs) broken down into training for three categories of users as follows.
Creditor Attorney - This set of ELMs should be completed by attorneys (and their staff) who primarily represent creditors, trustees and other professionals, and who are seeking full filing access to the Court's CM/ECF filing system.
Debtor Attorney - These ELMs should be completed by attorneys (and their staff) who primarily represent debtors and who are seeking full filing access to the Court's CM/ECF filing system.
Limited Filer - These ELMS should be completed by creditors and attorneys seeking to participate in the CM/ECF filing system for the limited purpose of filing Requests for Notice/Notices of Appearance, Reaffirmation Agreements, Proofs of Claim, Transfers of Claim, and other Claim related documents.
Access to the online course will be through the court's website by clicking on the online course registration tab under the CM/ECF section located in the upper right hand corner on the homepage. For those interested, the course can be viewed beginning Monday, March 19, by clicking through the online course registration tab.
Relocation of the Proposed Orders submission link effective Monday, March 12, 2012 - March 7, 2012 (Posted: Wednesday, March 7, 2012)
The location of the Proposed Orders submission link on the Court's website has changed. The link is now located on the homepage under the newly renamed heading of Electronic Filing/Submission and has been re-titled eProposed Orders. Previously, the Proposed Orders link could be found on the Court's homepage under Areas of Interest.
Amendments to the Local Rules effective March 15, 2012 - March 1 , 2012 (Posted: Thursday, March 1, 2012)
The Bankruptcy Judges of the Middle District of Florida have approved the following new and amended Local Rules, effective March 15, 2012.
New Calendaring Program - Effective Thursday, March 1st for Jacksonville Division - February 25, 2012 (Posted: Saturday, February 25, 2012)
The Jacksonville Division will begin its transition to a new calendaring system called CHAP on Thursday, March 1, 2012. The Orlando, Tampa and Ft. Myers Divisions have already made the transition. While the new system offers some efficiencies and improvements in the calendaring arena, it is not anticipated that external users will notice a difference when viewing the Judge's calendars from our website.
Permissive Use of Negative Notice - February 24, 2012 (Posted: Friday, February 24, 2012)
Effective March 1, 2012, the Court will permit service of certain matters provided for on the Permissive Use of Negative Notice list [see below]. Negative notice is not appropriate for emergency matters. Additionally, you are reminded of the Court's discretion to set any matter for hearing even if no objection is filed.
Click here to view the Permissive Use of Negative Notice Chart
First FLMB Quarterly Newsletter - February 24, 2012 (Posted: Friday, February 24, 2012)
Click on the link below to access the Court's first quarterly newsletter.
Designated Address Pursuant to Bankruptcy Rules 2002(j) and 5003(e) - February 15, 2012 (Posted: Wednesday, February 15, 2012)
Effective March 1, 2012, the Court will permit service of certain matters provided for on the Permissive Use of Negative Notice list [see below]. Negative notice is not appropriate for emergency matters. Additionally, you are reminded of the Court's discretion to set any matter for hearing even if no objection is filed.
Click here to view the Permissive Use of Negative Notice Chart
Designated Address Pursuant to Bankruptcy Rules 2002(j) and 5003(e) - February 15, 2012
Documents should be mailed to the following address for the Atlanta Regional Office of the Commission:
U.S. Securities and Exchange Commission
Office of Reorganization
950 East Paces Ferry Road, N.E.
Suite 900
Atlanta, GA 30326-1382
At the SEC, Please contact:
Susan R. Sherrill-Beard
Senior Trial Counsel/Bankruptcy
Tel…………………..(404) 842-7626
Fax………………….(404) 842-7633
E-mail…....................sherrill-beards@sec.gov
Alternatively, documents may be transmitted electronically via facsimile transmittal to (404) 842-7633 or by e-mail to atlreorg@sec.gov. Additionally, if another office of the Commission files a notice of appearance, a proof of claim, or request for notice in a specific case, documents in the specific case also should be sent to the requesting Commission office . Once the Commission staff becomes aware of cases that involve significant public investor interest, the staff will seek to obtain all additional information needed through ECF and PACER.
The SEC makes a continuing request in all Chapter 9 & 11 Bankruptcy Cases commenced by municipalities or by or against corporations or limited partnerships:
Petition and Exhibit "A" to Official Form No. 1 or
Statement of Affairs, Schedules, Lists and Notices and
Plan and Disclosure Statement with any Notices of Hearings
Pursuant to Bankruptcy Rule 3017(A).
Written requests will be made for additional filings and documents in specific cases by letter or a Notice of Appearance.
Access to file an electronic proof of claim through the Court's website - February 10, 2012 (Posted: Friday, February 10, 2012)
Access to file an electronic proof of claim through the Court's website is now located on the homepage under Electronic Filing and has been retitled eProof of Claim. Previously access to file a claim through the Court's website could be found under Proof of Claim on the homepage under Areas of Interest.
Chapter 11 ballots to be filed electronically through the Court website or through CM/ECF - January 30, 2012 (Posted: Monday, January 30, 2012)
In Chapter 11 cases where the Plan of Reorganization is filed on or after February 6, 2012, Chapter 11 ballots may be filed electronically through the Court website or through CM/ECF. Filing through the Court website will allow non-CM/ECF users to utilize electronic filing while making ballots immediately viewable. A link for electronic filing of Chapter 11 ballots by non-CM/ECF users may be found at: https://pacer.flmb.uscourts.gov/cmecf/ballots/submission.asp. Please note this link will not be live until February 6, 2012.
CM/ECF users may electronically file ballots through CM/ECF. Additionally, paper ballots will still be accepted by the Clerk's office. Formerly, the Clerk's office retained ballots as they were received until a specified deadline established by the Court. They were not viewable until after they were scanned as a single image and docketed prior to the confirmation hearing. The new system permits ballots to be viewable in the ballots registry as they are filed.
Please note that the electronic filing system will create a preliminary ballot tabulation that may include late filed or otherwise invalid ballots. The preliminary electronic tabulation is not intended to be a pre-determination of the proper inclusion or exclusion of any ballot in a final tabulation. The responsibility for independently reviewing and tabulating acceptance and rejections for the plan remains with the attorney for the plan proponent. A judge may exercise discretion as to whether late or improperly filed ballots may be included in the final ballot tabulation.
Questions concerning use of the program should be directed to the help desk at ecfhelp.tpa@flmb.uscourts.gov, ecfhelp.orl@flmb.uscourts.gov, ecfhelp.jax@flmb.uscourts.gov, or your case manager.
Reappointment of Bankruptcy Administrator Travis M. Bedsole, Jr. - Southern District of Alabama - January 24, 2012 (Posted: Tuesday, January 24, 2012)
Effective January 18, two new CM/ECF docket events will be available under the Notices category - January 17, 2012 (Posted: Tuesday, January 17, 2012)
Bankruptcy Notices - Notice of Mortgage Payment Change (B10 Supplement 1 - No Proof of Claim); and
Bankruptcy - Notices - Notice of Postpetition Mortgage Fees, Expenses and Charges (B10 Supplement 2 - No Proof of Claim).
Normally, if a related proof of claim was filed, Supplements 1 and 2 should be filed under Claim-Related matters. However, there may be occasions when a Notice of Mortgage Payment Change (B10 Supplement 1) or Notice of Postpetition Mortgage Fees, Expenses and Charges (B10 Supplement 2) are filed without a related proof of claim. Should there be no related proof of claim, they should be filed under the Notices category, using the events listed above.
Should you have any questions, please contact your case manager.
Bankruptcy - Notices - Notice of Postpetition Mortgage Fees, Expenses and Charges (B10 Supplement 2 - No Proof of Claim).
Normally, if a related proof of claim was filed, Supplements 1 and 2 should be filed under Claim-Related matters. However, there may be occasions when a Notice of Mortgage Payment Change (B10 Supplement 1) or Notice of Postpetition Mortgage Fees, Expenses and Charges (B10 Supplement 2) are filed without a related proof of claim. Should there be no related proof of claim, they should be filed under the Notices category, using the events listed above.
Should you have any questions, please contact your case manager.
Designated Addresses for Service of Requests Made Pursuant to 11 U.S.C. § 505(b)(1)(A) - January 17, 2012 (Posted: Tuesday, January 17, 2012)
Section 505(b)(1)(A) of the Bankruptcy Code provides that the Clerk of the Court shall maintain a list of addresses provided by governmental units that are responsible for the collection of taxes. The addresses provided are for service of requests made under this subsection. Please note the requirements for filing such requests provided by the governmental units below.
Department of Treasury, Internal Revenue Service, Small Business/Self-Employed Division:
Trustees and debtors-in-possession should submit requests for refunds or requests for prompt determination of any unpaid federal tax liability of the estate made pursuant to Section 505 to the Centralized Insolvency Operation (CIO) of the Internal Revenue Service.
The designated address to be used for submitting these requests is:
Internal Revenue Service
PO Box 7346
Philadelphia, PA 19101-7346
The toll-free telephone number of the CIO is 800-973-0424. The number for facsimile transmission is 267-941-1015.
Trustees and debtors-in-possession should consult Rev. Proc. 2010-27, 2010-31 IRB 183 and Rev. Proc. 2006-24, 2006-1 C.B. 943 for information on additional requirements in making these requests.
State of California, Franchise Tax Board:
Service of adversary proceedings:
Franchise Tax Board
Chief Counsel
c/o General Counsel Section
PO Box 1720, MS: A-260
Rancho Cordova, CA 95741-1720
Bankruptcy Code Section 505 requests and all other service and notices:
Franchise Tax Board
Bankruptcy Section, MS: A-340
PO Box 2952
Sacramento, CA 95812-2952
Reappointment of Incumbent Federal Public Defender in the Middle District of Florida at Orlando - December 15, 2011 (Posted: Thursday, December 15, 2011)
Elimination of BNC notice of meetings of creditors to debtors' attorneys - December 12, 2011 (Posted: Monday, December 12, 2011)
On December 5, 2011, the court began operations under Bankruptcy CM/ECF Release 4.2. Release 4.2 will support an additional noticing-related improvement provided by the court's Bankruptcy Noticing Center (BNC) contractor.
Previously, you received the notice of 341 meeting of creditors by Notice of Electronic Filing (NEF) with the debtor's redacted Social Security Number (SSN), and by U.S. Mail through the BNC with the debtor's full SSN. The improvement provided with CM/ECF Release 4.2 will allow the BNC to send you an email containing a secure hyperlink to the unredacted 341 notice in place of a paper notice. The BNC will send one summary email per day containing hyperlinks to one or more notices. Each hyperlink provides one free look to the full notice. You will no longer receive the paper 341 notice from the BNC.
A sample BNC email notification is provided at the following web page:
Previously, you received the notice of 341 meeting of creditors by Notice of Electronic Filing (NEF) with the debtor's redacted Social Security Number (SSN), and by U.S. Mail through the BNC with the debtor's full SSN. The improvement provided with CM/ECF Release 4.2 will allow the BNC to send you an email containing a secure hyperlink to the unredacted 341 notice in place of a paper notice. The BNC will send one summary email per day containing hyperlinks to one or more notices. Each hyperlink provides one free look to the full notice. You will no longer receive the paper 341 notice from the BNC.
A sample BNC email notification is provided at the following web page:
A sample BNC email notification is provided at the following web page: http://ebn.uscourts.gov/documents/Attorney341Email.pdf
Important information regarding Trailer Bridge Inc. case - November 22, 2011 (Posted: Tuesday, November 22, 2011)
Universal Login Form for Florida Bankruptcy Courts - November 1, 2011 (Posted: Tuesday, November 1, 2011)
In a recent PACER assessment, CM/ECF users nationwide expressed their desire to reduce the number of logins and passwords they need to retain in order to access the different courts in which they are registered users. While we are unable to do anything nationally at this time, the U.S. Bankruptcy Courts for the Northern, Middle and Southern Districts of Florida have taken steps to address this issue and have collaborated to develop a new, easy to remember login structure that will allow users to have the same login and password for all three courts.
This is a voluntary option for attorneys registered to practice in two or more of the Florida Bankruptcy Courts.
Should you wish to have the same password in all three courts, you may change your password by logging into the individual court's CM/ECF programs and changing your password through the Utilities menu. More specific instructions will be provided to you when you are assigned your new login ID.
It should be noted that the CM/ECF systems in each court are not linked and therefore you will still be required to log into each district separately to perform any filing function in the individual districts, however, we hope the use of the same login and password structure is a step toward making CM/ECF usage easier. Additionally, the universal login assigned to you is only for access to the Florida Bankruptcy Court CM/ECF systems. This process will not change your login and/or password to the U.S. District Courts for the Northern, Middle or Southern Districts of Florida or any other U.S. Bankruptcy or U.S. District Court in which you may be registered.
This is a voluntary option for attorneys registered to practice in two or more of the Florida Bankruptcy Courts.
Should you wish to have the same password in all three courts, you may change your password by logging into the individual court's CM/ECF programs and changing your password through the Utilities menu. More specific instructions will be provided to you when you are assigned your new login ID.
It should be noted that the CM/ECF systems in each court are not linked and therefore you will still be required to log into each district separately to perform any filing function in the individual districts, however, we hope the use of the same login and password structure is a step toward making CM/ECF usage easier. Additionally, the universal login assigned to you is only for access to the Florida Bankruptcy Court CM/ECF systems. This process will not change your login and/or password to the U.S. District Courts for the Northern, Middle or Southern Districts of Florida or any other U.S. Bankruptcy or U.S. District Court in which you may be registered.
Please click here to complete the form
Free PACER Training Site - November 1, 2011 (Posted: Tuesday, November 1, 2011)
A free-of-charge website offers access to a training database through the judiciary's PACER service. The site features data from real cases in the U.S. District Court for the Western District of New York over a six-month period in 2007. The training site can be accessed via "Frequently Used" on the PACER website home page, www.pacer.gov. No registration is required, and a login and password are posted on the training site's Welcome Page.
Users can search the database to find cases to explore. As searches are conducted, a transaction receipt display will explain what charge would have been accrued for the PACER service. Reviewing the receipts will help users understand their PACER charges and improve their search techniques to minimize charges.
Users can search the database to find cases to explore. As searches are conducted, a transaction receipt display will explain what charge would have been accrued for the PACER service. Reviewing the receipts will help users understand their PACER charges and improve their search techniques to minimize charges.
Electronic Public Access fee increase effective April 1, 2012 - October 6, 2011 (Posted: Thursday, October 6, 2011)
Effective April 1, 2012, the Electronic Public Access fee will increase from $.08 to $.10 per page for electronic public access to court records thru the PACER service. The quarterly exemption will be raised from $10 to $15. Implementation of the fee increase for local, state and federal agencies will be suspended for 3 years.
For more information, visit www.pacer.gov
Declaration Under Penalty of Perjury for Electronic Filing form update - October 3, 2011 (Posted: Monday, October 3, 2011)
Please note that the form "Declaration Under Penalty of Perjury for Electronic Filing" has been updated to be in compliance with the provisions of 28 U.S.C. § 1746.
Updated Census Bureau Median Family Income figures to occur on October 14. - October 3, 2011 (Posted: Monday, October 3, 2011)
District Court Order regarding conditions applicable to using Internet - September 24, 2011 (Posted: Saturday, September 24, 2011)
Policy governing limited personal use of supplied broadband wireless internet connection for registered courtroom users.
Proposed Rule Amendments Published for Public Comment - September 19, 2011 (Posted: Monday, September 19, 2011)
The Judicial Conference Advisory Committees on the Appellate, Bankruptcy, Civil, Criminal, and Evidence Rules have proposed amendments to their respective rules and requested that the proposals be circulated to the bench, bar, and public for comment. The public comment period ends on February 15, 2012.
New Calendaring Program - Effective Wednesday, September 21, 2011 for Tampa Division - September 2, 2011 (Posted: Friday, September 2, 2011)
The Tampa Division will begin its transition to a new calendaring system called CHAP on Wednesday, September 21, 2011. The Orlando Division made the transition in September, 2010 and the Jacksonville Divisions is to follow later. While the new system offers some efficiencies and improvements in the calendaring arena, it is not anticipated that external users will notice a difference when viewing the Judge's calendars from our website.
Amendments to Federal Rules of Bankruptcy Procedure and Bankruptcy Forms - Effective December 1, 2011* - August 31, 2011 (Posted: Wednesday, August 31, 2011)
• Bankruptcy Rule 1004.2 (republication of a new rule requiring entity filing a chapter 15 petition to state the country of the debtor's main interest, filer to list each country in which a case involving debtor is pending, and setting deadline for challenging the statement asserting the country of the debtor's main interest)
• Bankruptcy Rule 2003 (requires the filing of a statement upon adjourning a meeting of creditors or equity security holders)
• Bankruptcy Rule 2019 (expands the scope of the rule's disclosure requirements by requiring disclosure in chapter 9 and chapter 11 cases by all committees or groups that consist of more than one creditor or equity security holder, as well as entities or that represent more than one creditor or equity security holder. It also authorizes the court to require disclosure by an individual party in interest when knowledge of that party's economic stake in the debtor would assist the court in evaluating the party's arguments)
• Bankruptcy Rule 3001 (prescribes in greater detail the supporting information required to accompany certain proofs of claim)
• Bankruptcy Rule 3002.1 (new rule implements § 1322(b)(5) of the Bankruptcy Code, which permits a chapter 13 debtor to cure a default and maintain payments of a home mortgage)
• Bankruptcy Rule 4004 (permits a party under limited circumstances to seek an extension of time to object to a debtor's discharge after the time for objecting has expired)
• Bankruptcy Rule 6003 (clarifies that the requirement of a 21-day waiting period before a court can enter certain orders at the beginning of a case, including an order approving employment of counsel, does not prevent the court from specifying an effective date for the order that is earlier than the date of its issuance)
• Bankruptcy Form 1 (implements new Bankruptcy Rule 1004.2)
• Bankruptcy Forms 9A - 9I (conforming amendments to the pending amendment of Bankruptcy Rule 2003(e))
• Bankruptcy Form 10, Attachment A and Supplements 1 and 2 (clarify that, consistent with Rule 3001(c), writings supporting a claim or evidencing perfection of a security interest - not just summaries - must be attached to the proof of claim)
• Bankruptcy Form 25A (changes the effective date consistent with 2009 time-computation rules amendments)
* On April 26, 2011, the Supreme Court approved the amendments to the above-referenced rules, formerly approved by the Judicial Conference at its September 2010 session. The rules amendments were transmitted to Congress in accordance with the Rules Enabling Act. They are scheduled to take effect on December 1, 2011, and shall govern in all proceedings in bankruptcy cases thereafter commenced and, insofar as just and practicable, all proceedings then pending, unless Congress enacts legislation to the contrary.
• Bankruptcy Rule 2003 (requires the filing of a statement upon adjourning a meeting of creditors or equity security holders)
• Bankruptcy Rule 2019 (expands the scope of the rule's disclosure requirements by requiring disclosure in chapter 9 and chapter 11 cases by all committees or groups that consist of more than one creditor or equity security holder, as well as entities or that represent more than one creditor or equity security holder. It also authorizes the court to require disclosure by an individual party in interest when knowledge of that party's economic stake in the debtor would assist the court in evaluating the party's arguments)
• Bankruptcy Rule 3001 (prescribes in greater detail the supporting information required to accompany certain proofs of claim)
• Bankruptcy Rule 3002.1 (new rule implements § 1322(b)(5) of the Bankruptcy Code, which permits a chapter 13 debtor to cure a default and maintain payments of a home mortgage)
• Bankruptcy Rule 4004 (permits a party under limited circumstances to seek an extension of time to object to a debtor's discharge after the time for objecting has expired)
• Bankruptcy Rule 6003 (clarifies that the requirement of a 21-day waiting period before a court can enter certain orders at the beginning of a case, including an order approving employment of counsel, does not prevent the court from specifying an effective date for the order that is earlier than the date of its issuance)
• Bankruptcy Form 1 (implements new Bankruptcy Rule 1004.2)
• Bankruptcy Forms 9A - 9I (conforming amendments to the pending amendment of Bankruptcy Rule 2003(e))
• Bankruptcy Form 10, Attachment A and Supplements 1 and 2 (clarify that, consistent with Rule 3001(c), writings supporting a claim or evidencing perfection of a security interest - not just summaries - must be attached to the proof of claim)
• Bankruptcy Form 25A (changes the effective date consistent with 2009 time-computation rules amendments)
* On April 26, 2011, the Supreme Court approved the amendments to the above-referenced rules, formerly approved by the Judicial Conference at its September 2010 session. The rules amendments were transmitted to Congress in accordance with the Rules Enabling Act. They are scheduled to take effect on December 1, 2011, and shall govern in all proceedings in bankruptcy cases thereafter commenced and, insofar as just and practicable, all proceedings then pending, unless Congress enacts legislation to the contrary.
Link to Amendments to Federal Rules of Bankruptcy Procedure
Information Regarding Supreme Court Approved Rule Amendments (April 26, 2011)
The Honorable Karen S. Jennemann appointed Chief Bankruptcy Judge - August 24, 2011 (Posted: Wednesday, August 24, 2011)
The Honorable Karen S. Jennemann was appointed Chief Bankruptcy Judge for the United States Bankruptcy Court, Middle District of Florida, for a four-year term effective October 1, 2011 and continuing through September 30, 2015.
Closing of the public research room at the Federal Records Center in Atlanta - June 23, 2011 (Posted: Thursday, June 23, 2011)
As of July 1, 2011, the Federal Records Center (FRC) in Atlanta will close its public research room. This change will affect members of the public requesting direct access to Court records. The public will no longer be able to view Court records at the FRC.
The Federal Records Center in Atlanta will continue to provide copies of court case files directly to the public via our current fax, mail, and scan order services. The public can learn more about the FRC services by visiting:
https://eservices.archives.gov/orderonline
In addition, the public can contact the FRC's Court Reference Staff at 404-736-2900 for more information.
The Federal Records Center in Atlanta will continue to provide copies of court case files directly to the public via our current fax, mail, and scan order services. The public can learn more about the FRC services by visiting:
https://eservices.archives.gov/orderonline
In addition, the public can contact the FRC's Court Reference Staff at 404-736-2900 for more information.
Fort Myers Division Cases - June 9 , 2011 (Posted: Wednesday, June 1, 2011)
Effective June 1, all new cases filed in the Fort Myers Division will be assigned to either Judge Barry S. Schermer or Judge Jeffery P. Hopkins, based on the terminal digit of the case number.
Follow the Court on Twitter - May 24, 2011 (Posted: Tuesday, May 24, 2011)
The United States Bankruptcy Court for the Middle District of Florida is now using Twitter to broadcast the latest announcements of the Court to the public. Those interested are encouraged to "follow" our tweets by visiting http://twitter.com/floridamiddle on the internet or by signing up on Twitter to have announcements sent directly to your mobile device.
Financial literacy resources for all age groups - March 31, 2011 (Posted: Thursday, March 31, 2011)
April was designated by Congress as National Financial Literacy Month. The United States Bankruptcy Judges of the Middle District of Florida participated in this annual promotion of financial well-being and invite you to browse the following attachment for acquiring good financial habits.
Robb & Stucky, Chapter 11 Case - Important information for all interested parties - March 3, 2011 (Posted: Thursday, March 3, 2011)
Proposed Local Rule 2016-1 (Posted: Friday, January 14, 2011)
Proposed Local Rule 2016-1 (Compensation of Professionals) NOT posted for comment - posted only as a best practice procedure for Tampa/Fort Myers divisions - January 14, 2011
Memorandum regarding service of Amended Chapter 13 Plan - Fort Myers only - January 14, 2011 (Posted: Friday, January 14, 2011)
Court website is now available in a Spanish edition - January 13, 2011 (Posted: Thursday, January 13, 2011)
The Middle District of Florida is pleased to announce that we are now offering our website in Spanish. Click here to see our Spanish version. An En Español link is also available on the Court's Home page.
NCBJ Announces Blackshear Fellowship Opportunity for Tampa Conference (Posted: Monday, January 3, 2011)
Below is information about the National Conference of Bankruptcy Judges' Honorable Cornelius Blackshear Presidential Fellowship for minority lawyers who practice bankruptcy law. Named after esteemed Bankruptcy Judge Blackshear (now retired) of the Southern District of New York, the fellowship program provides some expense reimbursement for one or more lawyers who wish to attend the annual conference of the National Conference of Bankruptcy Judges and otherwise meet the selection criteria. The aggregate stipend/scholarship is capped at $2,500 per year and is for the cost of travel and registration for the conference (this year's regular registration fee is $825; the amount is less for government employees). To view the current year's conference agenda, go to www.ncbj.org. The deadline for submitting an application is AUGUST 26th. The application must be faxed to NCBJ NBA Liaison Committee Chair Honorable Jeffery P. Hopkins (fax: 513-357-5420).
Amendments to Bankruptcy Rules Effective December 1, 2010. A brief summary of the coming changes to rules. (Posted: Wednesday, December 1, 2010)
Rule Changes:
1007: extends time for individual Chapter 7 debtors to file statement of completion of the personal financial management course. Also shortens time for debtors to file a list of creditors after entry of order for relief in involuntary case.
1014: adds Chapter 15 cases to the rule authorizing courts to determine where cases should proceed when there are multiple petitions for the same debtor.
1015: adds Chapter 15 cases to the rule that authorizes courts to order consolidation or joint administration.
1018: reflects enactment of Chapter 15 in 2005.
1019: provides a new time period (with some exceptions) to object to an exemption claim when a case is converted from Chapter 7 to Chapter 11, 12, or 13.
4001: includes a technical and conforming amendment on computation of time.
4004: includes new deadline for filing of motions (instead of complaints) under Rule 7001(b) to object to debtor's discharge; directs courts not to grant discharge if motion or complaint objecting to discharge has been filed (unless objection has been decided in debtor's favor); directs court in Chapter 11 and 13 cases to withhold entry of discharge if debtor has not filed statement of completion of course in personal financial management.
5009: requires clerk to provide notice to debtors in Chapter 7 and Chapter 13 cases that case may be closed if statement of completion of course in personal financial management is not filed. Also now requires a foreign representative in a Chapter 15 to file and give notice of the filing of a final report.
5012: establishes procedures in Chapter 15 for obtaining approval of an agreement regarding communications and coordination of proceedings with cases involving debtor pending in other countries. (Differs from Interim Rule 5012.)
7001: provides that specified objections to a discharge in Chapter 7 and 13 cases are not treated as adversary proceedings.
Click here to read the Amendments to the Federal Rules of Bankruptcy Procedure effective December 1, 2010
1007: extends time for individual Chapter 7 debtors to file statement of completion of the personal financial management course. Also shortens time for debtors to file a list of creditors after entry of order for relief in involuntary case.
1014: adds Chapter 15 cases to the rule authorizing courts to determine where cases should proceed when there are multiple petitions for the same debtor.
1015: adds Chapter 15 cases to the rule that authorizes courts to order consolidation or joint administration.
1018: reflects enactment of Chapter 15 in 2005.
1019: provides a new time period (with some exceptions) to object to an exemption claim when a case is converted from Chapter 7 to Chapter 11, 12, or 13.
4001: includes a technical and conforming amendment on computation of time.
4004: includes new deadline for filing of motions (instead of complaints) under Rule 7001(b) to object to debtor's discharge; directs courts not to grant discharge if motion or complaint objecting to discharge has been filed (unless objection has been decided in debtor's favor); directs court in Chapter 11 and 13 cases to withhold entry of discharge if debtor has not filed statement of completion of course in personal financial management.
5009: requires clerk to provide notice to debtors in Chapter 7 and Chapter 13 cases that case may be closed if statement of completion of course in personal financial management is not filed. Also now requires a foreign representative in a Chapter 15 to file and give notice of the filing of a final report.
5012: establishes procedures in Chapter 15 for obtaining approval of an agreement regarding communications and coordination of proceedings with cases involving debtor pending in other countries. (Differs from Interim Rule 5012.)
7001: provides that specified objections to a discharge in Chapter 7 and 13 cases are not treated as adversary proceedings.
Click here to read the Amendments to the Federal Rules of Bankruptcy Procedure effective December 1, 2010
Chapter 11 Individual Case Administrative Closing Forms - Tampa and Fort Myers (Posted: Wednesday, November 3, 2010)
Debtor's Motion to Administratively Close Individual Chapter 11 Case
Debtor's Motion to Administratively Close Individual Chapter 11 Case
Order Granting Debtor's Motion to Administratively Close Individual Chapter 11 Case
Revised Census Bureau Median Income Figures - Effective November 1, 2010 (Posted: Monday, November 1, 2010)
The latest update incorporates the new Census Bureau Median Income figures effective November 1, 2010. For more information, click on the US Department of Justice link. Select the date range "11/01/2010 or After" and click Go
New Calendaring Program - Effective Monday, September 13, 2010 for Orlando Division (Posted: Monday, September 13, 2010)
The Court will begin its transition to a new calendaring system called CHAP on Monday, September 13, 2010. The Orlando Division will be the first to make the transition with the Tampa/Ft Myers and Jacksonville Divisions to follow later. While the new systems offers some efficiencies and improvements in the calendaring arena, it is not anticipated that external users will notice a difference when viewing the Judge's calendars from our website.
Use of CourtCall for telephonic hearings in the Middle District (Posted: Wednesday, September 8, 2010)
Several judges in the Middle District now utilize the telephonic services of CourtCall. The judges who currently use the service are Judge Glenn, Judge Briskman, Judge Funk, Judge Williamson, Judge May, Judge McEwen, and Judge Delano. To view specific policies on the use of CourtCall, please visit the individual judge pages for information.
Digital Audio Files of Proceedings Now Available via PACER (Posted: Tuesday, September 7, 2010)
Registered PACER users can now request immediate access to digital audio recordings of court proceedings before Judge Jennemann. Users can download a copy of the digital audio file, share it with their clients, and keep it for future reference or use in drafting orders or other pleadings.
Effective July 12, the Bankruptcy Noticing Center will not mail notices to a creditor if address is invalid (Posted: Monday, July 12, 2010)
When a bankruptcy court mails notices to a creditor, the court is required to use the address a debtor provides on its creditor mailing list unless a creditor has provided the court with a different address. The court uses the Bankruptcy Noticing Center ("BNC") to mail notices, but the BNC can only do so if an address is valid. If an address is not valid, the United States Postal Service ("USPS") treats this as sending mail to an "undeliverable address." Reasons for undeliverable mail may include: incomplete address; moved to a foreign address; moved and left no forwarding address; post office box closed; and forwarding order expired. In some instances the USPS will forward mail when a creditor has given the USPS a forwarding address, but only for a limited time. It is up to the debtor or creditor to file a change of address with the court.
Apple Mac users and CM/ECF documents (Posted: Friday, April 2, 2010)
PDF documents containing form fields created by Mac users are causing issues when viewing the document in CM/ECF. The form fields (areas in the document that contain names, address, etc.) appear blank and missing.
To avoid this issue, Mac users are requested to use the File/Print/PDF/SaveAs sequence, and NOT the File/SaveAs sequence, in order to avoid the problem.
To avoid this issue, Mac users are requested to use the File/Print/PDF/SaveAs sequence, and NOT the File/SaveAs sequence, in order to avoid the problem.
Adjustments to certain dollar amounts in Bankruptcy Code and Forms (Posted: Thursday, April 1, 2010)
On April 1, 2010, automatic adjustments to the dollar amounts stated in various provisions of the Bankruptcy Code will become effective. The amended dollar amounts apply to cases filed on or after April 1, 2010.
The amended dollar amounts will affect, among other matters, the eligibility of a debtor to file under chapters 12 and 13 of the Bankruptcy Code, certain maximum values of property that the 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 definition of a small business debtor, the minimum aggregate value of claims need to commence an involuntary bankruptcy, the value of "luxury goods and services" deemed to be nondischargeable, and where the trustee may commence certain proceedings to recover money judgment or property.
Click here to read the Administrative Office's memorandum
In addition, certain Official Bankruptcy Forms and Director's Forms contain references to several of the affected dollar amounts and these forms will be amended on April 1, 2010 and apply to cases filed on or after April 1, 2010.
The amended dollar amounts will affect, among other matters, the eligibility of a debtor to file under chapters 12 and 13 of the Bankruptcy Code, certain maximum values of property that the 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 definition of a small business debtor, the minimum aggregate value of claims need to commence an involuntary bankruptcy, the value of "luxury goods and services" deemed to be nondischargeable, and where the trustee may commence certain proceedings to recover money judgment or property.
Click here to read the Administrative Office's memorandum
In addition, certain Official Bankruptcy Forms and Director's Forms contain references to several of the affected dollar amounts and these forms will be amended on April 1, 2010 and apply to cases filed on or after April 1, 2010.
Fort Myers cases - hearings held in the Tampa division - Chapter 11 cases. (Posted: Tuesday, December 22, 2009)
As a result of the increase in the pending caseload in the Ft. Myers Division, Judge Paskay has agreed to entertain a motion to hold a hearing in a pending Chapter 11 case in his courtroom in the Tampa Division, unless the matter involved requires notice to all creditors.
Click here to read the entire announcement
The following changes to the Local Rules (Posted: Thursday, August 20, 2009)
The following changes to the Local Rules of the Bankruptcy Court of the Middle District of Florida relating to time computation took effect on December 1, 2009: Local Rules 2002-4, 2090-1, 2091-1, 3020-1, 3071-1, 5003-1, 5005-3, 5011-1, 5011-2, 6004-1, 7005-1, 7026-1, 7030-1, 9015-1, 9019-1, 9019-2.
Click here to read the entire announcement regarding time period change
Claims Bar Date for Chapter 11 Cases - Tampa and Ft. Myers Divisions. (Posted: Thursday, August 13, 2009)
Pilot program for court digital audio recordings (Posted: Monday, August 3, 2009)
The pilot program has a tentative start date of October 30 that will allow CM/ECF users the ability to listen to digital audio recordings. More information will follow as the date nears.
Notice to electronic filers regarding documents filed through CM/ECF after upgrade (Posted: Monday, March 9, 2009)
Due to a problem after the conversion to CM/ECF version 3.3.1, the feature that links an attorney to a party when making a first appearance on a case was not adding the attorney to the case. Therefore a notice of electronic filing was not sent on some docket entries made between Sunday March 8 and noon on Wednesday March 11, 2009 . The attorneys have since been added to the cases and will receive all future notices of electronic filing on the respective cases.
We advise attorneys to check their cases and if you did not receive a notice of electronic filing from an entry you made as a first appearance on a case during this time, you may view the document through PACER, however you will be charged to do so.
We advise attorneys to check their cases and if you did not receive a notice of electronic filing from an entry you made as a first appearance on a case during this time, you may view the document through PACER, however you will be charged to do so.
Public Notice - Local Rule amendments published for public comment. (Posted: Wednesday, December 24, 2008)
Form of order to be used in granting motion to strip second mortgage lien - Tampa and Ft. Myers Divisions. (Posted: Wednesday, December 10, 2008)
Amendments to the Federal Rules of Bankruptcy effective December 1, 2008. (Posted: Monday, December 1, 2008)
Congress has taken no action on the amendments to the Federal Rules of Bankruptcy, Civil, and Criminal Procedure, approved by the Supreme Court on April 23, 2008. Accordingly, amendments to the rules went into effect on December 1, 2008
View amendments
Information for Electronic Filers with an Electronic Bankruptcy Noticing agreement (EBN) (Posted: Monday, November 3, 2008)
With the implementation of the Reduced Paper Module (RPM), redundant paper notices stopped being mailed by the Bankruptcy Noticing Center. Many of our electronic filing users have signed up with the noticing center to receive electronic bankruptcy notices instead of paper notices. For more information on EBN, please go to the noticing center's website: https://www.noticingcenter.com. Implementation of RPM also reduced the redundant electronic notices being sent by the noticing center. Electronic filing users should continue to monitor their daily notices of electronic filing (NEF) sent from the court and retrieve hearing notices and orders attached to the NEF.
Users of Cogent internet service - issues accessing court websites (Posted: Thursday, October 30, 2008)
Sprint and Cogent announce that they have reached a multi-year interconnection agreement for the purposes of exchanging Internet traffic. This agreement will benefit the customers of both Sprint and Cogent and resolves the earlier dispute to the satisfaction of both parties. The agreement is in accordance with both parties' previous and long standing interconnection policies and agreements. The specifics of this agreement are confidential."
Between October 30 and November 2, 2008, the courts and the general public experienced a brief disruption in messaging and other services that are dependent on the exchange of Internet traffic between the two Internet Service Providers (ISPs). This ISP agreement ensures that customers will not experience these problems in the future.
Previously, customers lost the ability to access United States Courts websites including CM/ECF. At the time it was recommended that Cogent customers secure another Internet Service Provider to maintain CM/ECF access in the event that Sprint-Nextel severs lost internet connection to Cogent.
Between October 30 and November 2, 2008, the courts and the general public experienced a brief disruption in messaging and other services that are dependent on the exchange of Internet traffic between the two Internet Service Providers (ISPs). This ISP agreement ensures that customers will not experience these problems in the future.
Previously, customers lost the ability to access United States Courts websites including CM/ECF. At the time it was recommended that Cogent customers secure another Internet Service Provider to maintain CM/ECF access in the event that Sprint-Nextel severs lost internet connection to Cogent.
Judge McEwen recipient of the 2008 Jimmy Kynes Pro Bono Service Award (Posted: Tuesday, October 7, 2008)
Changes to Judge May's negative notice procedure. (Posted: Tuesday, October 7, 2008)
Judge May will no longer consider Motions to Modify Confirmed Chapter 13 Plan's on negative notice. The court will set all such motions for hearing.
Postponement of CM/ECF v3.2 upgrade (Posted: Wednesday, October 1, 2008)
The upgrade of CM/ECF to version 3.2, originally scheduled for October 10-13, 2008, was postponed. The postponement is attributed to recent system performance degradation observed in Courts that have already converted to the new version of CM/ECF. The Administrative Office of the United States Courts is working to identify and correct these problems.
A new announcement will be issued once a new conversion date has been set.
A new announcement will be issued once a new conversion date has been set.
Changes to Bankruptcy Court Miscellaneous Fee Schedule (Posted: Wednesday, October 1, 2008)
On March 11, 2008, the Judicial Conference approved changes to the Bankruptcy Court Miscellaneous Fee Schedule. The changes clarify and simplify the language of thefee items, delete one obsolete fee (and renumber the Schedule accordingly), and make stylistic changes to comport with current editorial standards. There has been no change to any fee amount. The changes to the Bankruptcy Court Miscellaneous Fee Schedule will be effective October 1, 2008.
View entire announcement
View entire announcement
Notice of Fraudulent Scheme (Posted: Wednesday, August 13, 2008)
The Administrative Office of the United States Courts has been notified by the bankruptcy clerk in Utah of a fraudulent scheme that might be affecting victims throughout the country.
View announcement
View announcement
Proposed Rules amendments published for public comment (Posted: Tuesday, August 12, 2008)
The Judicial Conference Advisory Committees on the Appellate, Bankruptcy, Civil,Criminal, and Evidence Rules have proposed amendments to their respective rules and requestedthat the proposals be circulated to the bench, bar, and public for comment.
View announcement
View announcement
The Honorable Caryl E. Delano (Posted: Wednesday, June 25, 2008)
The Honorable Caryl E. Delano was appointed as a bankruptcy judge of the United States Bankruptcy Court for the Middle District of Florida, Tampa Division, on June 25, 2008. She graduated from the University of South Florida, B.A., cum laude, in English in 1976. She attended Indiana University School of Law - Indianapolis and Emory University School of Law, receiving her J.D. from Indiana University in 1979. Judge Delano practiced before the state and federal courts of California for fourteen years. In 1994, she returned to her hometown of Tampa, Florida, where she most recently practiced law with the firm of Addison & Delano, P.A. She concentrated her practice on bankruptcy and commercial litigation. Judge Delano has represented debtors and creditors in numerous Chapter 11 cases and related adversary proceedings. She is a member of The Florida Bar, The State Bar of California, the Business Law Section of The Florida Bar, the American Bankruptcy Institute, the Federal Bar Association, the Hillsborough County Bar Association, and the Tampa Bay Bankruptcy Bar Association.
View the press release
View the press release
Electronic Public Access Fee Schedule Change (Posted: Tuesday, March 11, 2008)
Pursuant to sections 1913, 1914, 1926, 1930, and 1932 of Title 28, United StatesCode, the Judicial Conference, at its March 11, 2008, session, amended the Electronic Public Access (EPA) Fee Schedule for the appellate, district, and bankruptcy courts, the United States Court of Federal Claims, and the Judicial Panel on Multidistrict Litigation. The fee schedule was amended to eliminate any reference to dial-up access, because the current versions of CM/ECF and PACER no longer provide direct dial-up remote access. The fee schedule change is effective immediately.
View the new EPA Fee ScheduleView the new EPA Fee Schedule
View the new EPA Fee ScheduleView the new EPA Fee Schedule
Attention ALL Electronic Filers: Elimination of redundant paper notices from the Court (Posted: Wednesday, February 20, 2008)
Please be advised that as indicated in theAnnouncement dated February 4, 2008 and the second e-mail notification to electronic filers on February 20, 2008 , the Bankruptcy Court for the Middle District of Florida has implemented the Reduced Paper Module (RPM). In most cases where an electronic filer is a party, only electronic notice will be sent. The court will no longer send redundant paper notices and orders with a few exceptions. The "Notice of the First Meeting of Creditors" will continue to be sent in paper by BNC as well as by electronic notice. In addition there are some docket entries that cause the termination of a party from the case. In order for the terminated party to receive notice, certain orders and notices will be tagged to be mailed in paper from BNC to the terminated party as well as any other electronic filing party on the case. Trustees will receive paper notice only if they are terminated on Notices/Orders of Conversion and Notices/Orders of Removal or Substitution. Attorneys will receive paper notice only if they are terminated on Notices/Orders of Substitution of Counsel and Orders Granting Withdrawal as Counsel.
IT IS YOUR RESPONSIBILITY TO PROPERLY MAINTAIN YOUR E-MAIL ACCOUNTS IN ORDER TO RECEIVE ALL ELECTRONIC NOTICES TIMELY. ADDITIONALLY, IT IS YOUR RESPONSIBILITY TO MONITOR CASE ACTIVITY.
Federal Rulemaking - Proposed amendments published for public comment (Posted: Friday, February 15, 2008)
At its January and June 2006 and June 2007 meetings, the Committee on Rules of Practice and Procedure approved the recommendations of the Advisory Committees on Appellate, Bankruptcy, Civil, and Criminal Rules and approved for publication over 90 time-computation provisions found in the Appellate, Bankruptcy, Civil, and Criminal Rules, with a view to simplifying the provisions and eliminating inconsistencies among them. These proposed amendments, which are set forth below, comprise the majority of the rules being published for comment.
The proposed amendments to the rules and Official Forms may be accessed by clicking on the link, uscourts.gov/rules/newrules1.htm. The proposed amendments and new rules may also be accessed by clicking on the link titled "Proposed Rules Amendments Published for Comment" in the upper left-hand corner of the screen. The public comment period for the proposed amendments and new rules ends on February 15, 2008.
Appointment of Douglas W. Neway as Chapter 13 Standing Trustee in the Jacksonville Division (Posted: Monday, October 1, 2007)
Notice is given by the United States Trustee of the appointment of Douglas W. Neway as Chapter 13 Standing Trustee in the Jacksonville Division of the Middle District of Florida, effective October 1, 2007, following the resignation of Mamie L. Davis.
Application to the Administrative Office of the United States Courts for Approval as a Notice Provider (Posted: Monday, October 1, 2007)
Entities interested in entering into separate arrangements with creditors for delivery services comparable to those provided through the Bankruptcy Noticing Center program's National Creditor Registration Service (NCRS).
View application
Please fax the completed application to the Administrative Office of the United States Courts, Bankruptcy Court Administration Division at (202) 502-1511. A list of approved notice providers will be posted on the Judiciary's public website at www.uscourts.gov. If you have any questions regarding the status of your application, please contact the Bankruptcy Court Administration Division at (202) 502-1540.
Attorneys that no longer have interest in a case and request to stop electronic notices (Posted: Friday, August 31, 2007)
Attorneys who represent a party in a contested matter, either in the bankruptcy case or an adversary proceeding, may file a document stating they have no further interest in the case and request to stop electronic notices. Please note, however, that attorneys who represent the debtor(s), attorneys who have been employed in the case by court order, or attorneys who are representing a client in a pending contested matter are not permitted to withdraw from the case or request to stop electronic notice under this procedure.
To electronically file the notice, attorneys will use docket event "Notice of Withdrawal from Case and Request to Stop Electronic Notice," located under the Notices category in CM/ECF. The attorney must attach a pdf document stating why they no longer want to receive electronic notice in the case. Once the notice is docketed, the clerk's office will review the case docket and take appropriate action to stop electronic notice from being sent to the attorney's email address.
Order establishing presumptively reasonable debtor's attorney fee in Chapter 13 cases
Publication of certain personal data in documents filed with the court - transcript redaction (Posted: Friday, June 1, 2007)
The judiciary's privacy policy restricts the publication of certain personal data in documents filed with the court. The policy requires limiting Social Security and financial account numbers to the last four digits, using only initials for the names of minor children, and limiting dates of birth to the year. However, if such information is elicited during testimony or other court proceedings, it will become available to the public when the official transcript is filed at the courthouse unless, and until, it is redacted. The better practice is for you to avoid introducing this information into the record in the first place. Please take this into account when questioning witnesses or making other statements in court. If a restricted item is mentioned in court, you may ask to have it stricken from the record or partially redacted to conform to the privacy policy, or the court may do so on its own motion. Read the entire announcement.
Pay.gov security enhancement effective February 1, 2007 (Posted: Thursday, February 1, 2007)
Beginning February 1, 2007, all CM/ECF users that pay fees through the Pay.gov system will be required to complete the security code field to complete the transaction.
Internet browsers required to meet higher security standards for access to Pay.gov (Posted: Thursday, June 29, 2006)
To insure the highest level of security when performing online transactions, the Treasury requires that you use an Internet browser that supports 128-bit encryption. Encryption protects your information between you and pay.gov by scrambling the information transmitted between two points (between you and Pay.gov).
Lee Ann Bennett appointed Clerk of Bankruptcy Court
Laptop Pilot Program (Posted: Monday, November 1, 2004)
The Bankruptcy Court of the Middle District of Florida announces the launching of a pilot program to allow certain trustees and attorneys to routinely transport laptop computers into courtrooms.
Important Notice Concerning Privacy Policy (Posted: Thursday, July 24, 2003)
The attached memorandum (OCPB75.PDF) from the Director of the Administrative Office of the United States Courts provides information regarding the Privacy Policy. A good deal of the information contained in the enclosure to the Director's Memorandum is for court use, but you might find it useful to have the copies of the new forms attached. The other attached documents are an abbreviated version of the Director's memorandum, Statement of Social Security number form, Guidelines to Attorneys, and Guidelines to Claim filers.
Director's memorandum
Guidelines to Attorneys
Guidelines to Claim filers
Privacy Policy
Privacy FAQs
Statement of Social Security number form