Filing Agent Implementation August 1, 2013 - 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
Click on the link below to access the Court's third quarterly newsletter.
Web Site Survey Questionaire - 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
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 Michael G. Williamson - United States Bankruptcy Judge Middle District of Florida - June 5, 2013
Reappointment of Judge C. Ray Mullins - Chief United States Bankruptcy Judge Northern District of Georgia - June 5, 2013
Amendments to Local Rules - 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
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
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
Notice of Bankruptcy Judges' Mentoring Program for New Bankruptcy Lawyers - May 9, 2013
Filing Fee increases and changes effective May 1, 2013 - 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
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
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
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
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.
Judges' Quarterly Mentoring Program - 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.
Revised Negative Notice List Effective March 25, 2013 - 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).
Press Release - New Judge appointed in Orlando - March 5, 2013
Proposed amendments to the Local Rules for public comment - 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
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.
Evaluation Solutions, LLC and ES Appraisal Services, LLC (Jacksonville) information - 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:
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
Release of Chief Justice Roberts' 2012 Year End Report on the state of the Federal Judiciary - February 7, 2013
Notice of Bankruptcy Judge's next Jr. Lawyer Mentoring Program - February 7, 2013
District-wide Form for Admission to List of Residential Mortgage Foreclosure Mediators - January 31, 2013
Rededication Ceremony for the George C. Young Federal Building - 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: email@example.com
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
Proposed Rule Amendments Published for Public Comment - 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
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).
Holiday closures for the United States Bankruptcy Court - 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
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
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.
Filing Fee Increases effective November 21, 2012 - 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
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
Fourth FLMB Quarterly Newsletter - October 18, 2012
Click on the link below to access the Court's fourth quarter newsletter.
Celebrate Pro Bono 2012 - 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.
Reminder of requirement to maintain email addresses in CM/ECF - 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
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
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.
Centralized Processing of Returned BNC Mail - 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.
Reappointment of Judge William R. Sawyer (Middle District of Alabama Bankruptcy Court) - August 24, 2012
Bankruptcy Judges Mentoring Program for new Bankruptcy Lawyers - 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.
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
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
The Local Rules Lawyers' Advisory Committee invites interested parties, including members of the Bar and Bankruptcy Court employees, to submit their suggestions, comments, and proposals for proposed new Local Rules, or revisions to our current Local Rules.
Click on the link below to access the Court's third quarterly newsletter.
Notice to Customers Making Payment by Check - 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.
CM/ECF Online Training Course - Update - 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
New Password Security Standards for CM/ECF - 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
NCBJ Announces Blackshear Fellowship Opportunities for 2012 Conference - 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).
Opportunity to Decline Notices of Electronic Filing - 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.
Negative Notice List Revised May 25, 2012 - 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.
Availability of a Bankruptcy Judge Position In The Middle District of Florida at Orlando - 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
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
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.
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.
Click on the link below to access the Court's second quarterly newsletter.
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
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
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.
CM/ECF Online Training Course - 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
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
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
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.
First FLMB Quarterly Newsletter - February 24, 2012
Click on the link below to access the Court's first quarterly newsletter.
Permissive Use of Negative Notice - 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.
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.
Atlanta, GA 30326-1382
At the SEC, Please contact:
Susan R. Sherrill-Beard
Senior Trial Counsel/Bankruptcy
Alternatively, documents may be transmitted electronically via facsimile transmittal to (404) 842-7633 or by e-mail to firstname.lastname@example.org. 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
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
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 email@example.com, firstname.lastname@example.org, email@example.com, or your case manager.
Reappointment of Bankruptcy Administrator Travis M. Bedsole, Jr. - Southern District of Alabama - January 24, 2012
Effective January 18, two new CM/ECF docket events will be available under the Notices category - 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.
Designated Addresses for Service of Requests Made Pursuant to 11 U.S.C. § 505(b)(1)(A) - 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
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
Elimination of BNC notice of meetings of creditors to debtors' attorneys - 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: http://ebn.uscourts.gov/documents/Attorney341Email.pdf
Important information regarding Trailer Bridge Inc. case - November 22, 2011
Universal Login Form for Florida Bankruptcy Courts - 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.
To submit your request, please click the link below to complete the form.
Free PACER Training Site - 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.
Electronic Public Access fee increase effective April 1, 2012 - 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
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
District Court Order regarding conditions applicable to using Internet - 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
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
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
• 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.
The Honorable Karen S. Jennemann appointed Chief Bankruptcy Judge - 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
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:
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
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
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
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
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
Court website is now available in a Spanish edition - 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
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.
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.
9001: amended to add words and phrases in §1502 to the list of definitions.
Chapter 11 Individual Case Administrative Closing Forms - Tampa and Fort Myers
Revised Census Bureau Median Income Figures - Effective 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
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
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
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
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.
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.
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.
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.
Click here to read the Administrative Office's memorandum
Fort Myers cases - hearings held in the Tampa division - Chapter 11 cases.
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.
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.
Claims Bar Date for Chapter 11 Cases - Jacksonville Division
Effective with Chapter 11 cases filed in the Jacksonville Division on or after October 15, 2009, a claims bar date will be set forth in the Notice of Chapter 11 Bankruptcy Case, Meeting of Creditors and Deadlines (Section 341 Meeting of Creditors Notice).
Other than for a governmental unit, the Claims Bar Date will be set 90 days following the date first set for the Meeting of Creditors.
Taylor, Bean & Whitaker Mortgage Corp. filed for bankruptcy pursuant to Chapter 11 on August 24, 2009, in the Middle District of Florida, Jacksonville Division and is assigned to The Honorable Jerry A. Funk under case number 3:09-bk-7047.
Claims Bar Date for Chapter 11 Cases - Tampa and Ft. Myers Divisions.
Pilot program for court digital audio recordings
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.
Public Notice - Local Rule amendments published for public comment.
Form of order to be used in granting motion to strip second mortgage lien - Tampa and Ft. Myers Divisions.
Amendments to the Federal Rules of Bankruptcy effective 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
Changes to Judge May's negative notice procedure.
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.
Judge McEwen recipient of the 2008 Jimmy Kynes Pro Bono Service Award
View the press release
Changes to Bankruptcy Court Miscellaneous Fee Schedule
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
Notice of Fraudulent Scheme
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.
Proposed Rules amendments published for public comment
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.
Notice to electronic filers regarding documents filed through CM/ECF after upgrade
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.
Users of Cogent internet service - issues accessing court websites
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.
Postponement of CM/ECF v3.2 upgrade
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.
The Honorable Caryl E. Delano
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
Electronic Public Access Fee Schedule Change
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 Schedule
Information for Electronic Filers with an Electronic Bankruptcy Noticing agreement (EBN)
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.
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.
Application to the Administrative Office of the United States Courts for Approval as a Notice Provider
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).
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.
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.
Attorneys that no longer have interest in a case and request to stop electronic notices
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
Internet browsers required to meet higher security standards for access to Pay.gov
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
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. Read the entire announcement.
Guidelines to Attorneys
Guidelines to Claim filers
Statement of Social Security number form