| Reappointment
of Incumbent Federal Public Defender
in the Middle District of Florida at
Orlando - December
15 , 2011
»
Click
here to read the notice
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
»
Click
here to read the announcement
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.
»
Please
click here 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.
»
Click here for the updated form
Updated Census Bureau Median
Family Income figures to occur on October
14. - October
3 , 2011
»
Click here to read the entire announcement
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.
»
Click
here to read the Order
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.
»
Link
to Amendments to Federal Rules of Bankruptcy
Procedure
»
Information
Regarding Supreme Court Approved Rule
Amendments (April 26, 2011)
»
Pending
Changes in the Bankruptcy Forms
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.
»
Click
here to read the Order
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:
»
https://eservices.archives.gov/orderonline/start.swe?SWECmd=Start&SWEHo=eservices.archives.gov
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.
»
Click
here for more information
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.
»
Click
here to read more about financial literacy
resources
Robb & Stucky, Chapter
11 Case - Important information for
all interested parties - March
3, 2011
»
Click
here to read the announcement
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
»
Click
here to read the proposed local rule
Memorandum regarding service
of Amended Chapter 13 Plan - Fort Myers
only - January
14, 2011
»
Click
here to read the memorandum
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.
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.
9001: amended to add words and phrases
in §1502 to the list of definitions.
»
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
»
Debtor's
Motion to Administratively Close Individual
Chapter 11 Case
»
Debtor's
Motion to Administratively Reopen Individual
Chapter 11 Case to Obtain Discharge
and Final Decree
»
Order
Granting Debtor's Motion to Administratively
Close Individual Chapter 11 Case
»
Order
Granting Debtor's Motion to Administratively
Reopen Individual Chapter 11 Case and
Directing Response to Request for
Entry of Discharge and Final Decree
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.
»
Click
here to read the entire announcement
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.
»
Click
here to read the entire announcment
Apple
Mac users and CM/ECF documents
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.
Adjustments to certain dollar
amounts in Bankruptcy Code and Forms
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.
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.
»
Click
here to read the entire announcement
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 - 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.
Read more
Claims Bar Date for Chapter
11 Cases - Tampa and Ft. Myers Divisions.
View
announcement
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.
View
notice
Form
of order to be used in granting motion
to strip second mortgage lien - Tampa
and Ft. Myers Divisions.
View
order
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
View
amendments
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.
View
announcement
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.
View
annoucnement
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.
Attention ALL Electronic Filers:
Elimination of redundant paper notices
from the Court Please
be advised that as indicated in the Announcement
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.
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).
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.
Notice
of revised Chapter 11 quarterly fee
schedule
Amended
"means test" forms (22A, 22B,
and 22C) effective January 1, 2008
Bankruptcy
rules amendments effective December
1, 2007
Appointment of Douglas W. Neway
as Chapter 13 Standing Trustee in the
Jacksonville Division
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.
Federal
Rulemaking - Proposed amendments published
for public comment
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.
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
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
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
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.
Important Notice Concerning
Privacy Policy
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
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