Pursuant to Administrative Orders FLMB-2014-7 and FLMB 2014-8 , in addition to the regularly scheduled closure on the Federal Holidays of December 25, 2014 and January 1, 2015, all Divisions of the United States Bankruptcy Court, Middle District of Florida, will also be closed for regular business on Friday, December 26, 2014 and Friday, January 2, 2015.
The Judicial Conference Advisory Comittees posted proposed amendments to Bankruptcy and Civil Rules
The Judicial Conference Advisory Committees on Bankruptcy and Civil Rules have proposed amendments to their respective rules and forms, and requested that the proposals be circulated to the bench, bar, and public for comment. The proposed rules and related information are posted on the Judiciary's website at: http://www.uscourts.gov/RulesAndPolicies/rules/proposed-amendments.aspx
Judges McEwen's Mentoring Program For New Bankruptcy Lawyers - October 2, 2014
The next session of Judge McEwen's mentoring program for lawyers new to the practice of bankruptcy law is scheduled for Thursday, October 2, 2014, from Noon to 1:30 p.m. in the bankruptcy court's training room on the 5th floor, Sam M. Gibbons U.S. Courthouse in Tampa. Click HERE to view the announcement.
New Administrative Order Requiring Photo Identification by Unrepresented Parties - September 1, 2014
Effective September 1, 2014, every unrepresented party, including debtors wishing to file a voluntary bankruptcy petition and petitioning creditors wishing to file an involuntary petition in any division of the United States Bankruptcy Court for the Middle District of Florida, must provide acceptable photo identification at the time of filing. In addition, any individual filing a petition on behalf of an unrepresented party also must provide acceptable photo identification at the time of filing. Failure to supply acceptable photo identification will result in an immediate hearing before the Court to determine whether the Clerk should accept the papers. Click HERE to view the order.
The Court's latest Court Connection Newsletter is currently available - July 18, 2014
Click HERE to view.
Judge McEwen's Mentoring Program for New Bankruptcy Lawyers - July 29, 2014
The next session of Judge McEwen's mentoring program for lawyers new to Bankruptcy will be held on Tuesday, July 29, 2014, from noon to 1:30 p.m. Topic: Best Practices, Summary Judgment Click HERE to view.
Permissive Use of Negative Notice List - July 1, 2014
Effective July 1, 2014, the Court has revised the Permissive Use of Negative Notice List. Click HERE to view.
The Bankruptcy Judges of the Middle District of Florida have approved new and amended Local Rules, effective July 1, 2014 -
A brief summary of the revisions is available by clicking on the link. Click HERE to view the memorandum.
Reappointment Notice - June 24, 2014
Reappointment of Bankruptcy Administrator Teresa R. Jacobs, Middle District of Alabama.
Change in Assignment of Volusia County from Jacksonville Division to Orlando Division - June 4, 2014
The Judges of the Middle District of Florida have approved a revision to Local Rule 1071-1 Bankruptcy Court Divisions. The revision moves Volusia County from the Jacksonville Division to the Orlando Division. Amended Local Rule 1071-1 takes effect on August 1, 2014.
Attorney Noticing of Hearings Training Module - June 3, 2014
Attorney Noticing of Hearings is live in all divisions beginning on June 9, 2014. The following is a link to a training module prepared by the court to provide instructional information. Click Here to view the module.
Amendments to Local Rules - June 2, 2014
The Bankruptcy Judges of the Middle District of Florida have approved new and amended Local Rules, effective July 1, 2014. A brief summary of the revisions is available by clicking one of the links below.
Trustee Noticing Training Module - May 21, 2014
Trustee Noticing of Hearings is live in all divisions as of May 14, 2014. The following is a link to a training module prepared by the court to provide instructional information. Click here to view.
Revised Chapter 13 Model Plan in Ft. Myers and Tampa | Required as of June 1, 2014 - May 1, 2014
As of May 1, 2014, the judges of the Tampa and Ft. Myers Divisions have approved revisions to the Chapter 13 Model Plan. The revised Model Plan must be used by all Chapter 13 debtors in cases filed on or after June 1, 2014.
Paragraph 5 of the revised Model Plan provides that secured creditors who have filed proofs of claim prior to the claims bar date or within 14 days from the date of an order converting or dismissing the case, whichever date is earlier, shall have an administrative lien on plan payments paid by the debtor to the Chapter 13 Trustee prior to confirmation.
The subsections of Paragraph 5 designate the treatment of secured creditors. In particular, please note Paragraph 5(G), (H) and (I) of the Model Plan. In 5(G), the debtor may elect to pay secured claims/leased claims direct to the creditor. The automatic stay and any codebtor stay are terminated in rem upon the filing of the Plan and the debtor’s state law contract rights are not abrogated. In 5(H), the debtor may designate secured claims that are not provided for under the plan. The automatic stay and any codebtor stay are terminated, the debtor’s liability to the creditor is not discharged under the plan, and the debtor’s state law contract rights are not abrogated. In 5(I), the debtor may elect to surrender secured/leased property. The automatic stay is terminated in rem as to the secured creditor.
Revisions have also been made to the following form orders to make them consistent with the revised Model Plan: Order Establishing Duties of Debtor, etc., the Order Granting Trustee’s Motion to Dismiss, and the Order Governing Procedures After Conversion to Chapter 7
Click here to view the Revised Chapter 13 Model Plan
Appointment of Chapter 13 Standing Trustee - April 28, 2014
The United States Trustee seeks resumes from persons wishing to be considered for appointment as a standing trustee to administer cases filed under chapter 13 of the bankruptcy code. The appointment, located in Ruskin (Tampa), FL, is for cases filed in the United States Bankruptcy Court for the Middle District of Florida.
The Court's latest Court Connection Newsletter is currently available - April 28, 2014
Uniform State-Wide Procedures - April 23, 2014
On February 27, 2014, a state-wide summit was held in Orlando to discuss uniform procedures to adopt in the respective mortgage modification mediation (MMM) programs operating in Florida’s Northern, Middle, and Southern Districts of the United States Bankruptcy Court.
Bankruptcy Filing Fee Increases Effective June 1, 2014 - March 20, 2014
The Judicial Conference of the United States met on March 11, 2014, and approved changes to the Bankruptcy Court Miscellaneous Fee Schedule effective June 1, 2014. A summary of those changes follow:
The fee for filing a complaint increases to $350.00.
The following administrative fees are increased to the totals noted:
- For the filing of a petition under Chapter 7, 12, or 13, $75.00.
- For the filing of a petition under Chapter 9, 11, or 15, $550.00.
- When a motion to divide a joint case under Chapter 7, 12, or 13 is filed, $75.00.
- When a motion to divide a joint case under Chapter 11 is filed, $550.00.
As a consequence the increases effective June 1, 2014, the full fee for filing a:
Chapter 7 will be $335.00
Chapter 9 will be $1,717.00
Chapter 11 will be $1,717.00
Chapter 12 will be $275.00
Chapter 13 will be $310.00
Chapter 15 will be $1,717.00.
Local Rules Amendments - March 6, 2014
The judges of the United States Bankruptcy Court for the Middle District of Florida are considering proposed amendments to the Local Rules. The proposals are posted for public comment commencing on March 5, 2014. The public comment period ends on April 18, 2014. When promulgated by the judges, the amended and new Local Rules will become effective on July 1, 2014.
Order Governing Administrative Orders - March 5, 2014
Pursuant to the Order Governing Administrative Orders, Administrative Order FLMB-2007-1, a periodic review of outstanding administrative orders is needed to archive unneeded orders and confirm the enforceability of extant orders. This Order will update the outstanding administrative orders.
Chapter 13 Mortgage Modification Mediation Summit & Workshop February 27 & 28, 2014 in Orlando - February 18, 2014
The statewide Chapter 13 Mortgage Modification Mediation Summit will be held on Thursday, February 27, 2014, in the jury assembly room of the Federal Courthouse in Orlando. Practitioners will discuss the programs in each district, focusing on what is working well and on possible efficiencies that could be implemented. Even if you are unable to attend, you can participate in the discussion and provide comments by visiting the Summit's website at www.mortgagemodsummit.com.
We have also provided you with a link to a Summary of responses received from survey takers to the jointly conducted survey on mortgage mitigation mediation programs offered in the three federal bankruptcy courts in Florida.
Reappointment of John T. Laney III, Chief U.S. Bankruptcy Judge in the Middle District of Georgia - February 3, 2014
The Court's latest Court Connection Newsletter is currently available - January 24, 2014
2013 Year-End Report on Judiciary: Help Needed to Repair Sequestration's Damage - January 2, 2014
Reappointment of Federal Public Defender in the Northern District of Florida at Tallahassee - December 16, 2013
Amendment to Fed R Bankr P 1007(b)(7) effective December 1, 2013 - November 20, 2013
Effective December 1, 2013, the amendment to Fed. R. Bankr. P 1007(b)(7) provides an individual debtor the option of having an approved personal financial management course provider notify the court directly that the debtor has completed a post-petition instructional course concerning personal financial management. The U.S. Bankruptcy Court for the Middle District of Florida will allow, and encourages, approved financial management course providers to file certificates electronically through CM/ECF. Approved course provider applicants will need to submit a limited filer registration form on-line. If agencies need multiple filing logins, each individual
course provider should submit a registration form.
To review information provided to personal financial management course providers by the Administrative Office of the US Courts-DTS-Office of Systems Deployment and Support-October 2013, please click click here.
Filing Fee Increases and Changes effective December 1, 2013 - November 20, 2013
The following actions have been taken by the Judicial Conference regarding filing fee increases and changes effective December 1, 2013.
- Under the Bankruptcy Miscellaneous Fee Schedule a new fee of $176.00 has been established for the filing of motions for the sale of property free and clear of liens under 11 U.S.C. § 363(f).
- The Judicial Conference increased the records retrieval fee in all federal courts by $11.00 (from $53.00 to $64.00) for the first box requested from a Federal Records Center, and created a new fee of $39.00 for each additional box requested.
- Also, under the Court of Appeals Miscellaneous Fee Schedule the Conference increased the appellate filing fee (referred to as the "docketing fee" in the schedule) from $450.00 to $500.00.
- Finally, the Conference amended the fee language for checks returned for insufficient funds, noting that the prior fee language - which applied only to "checks" - was outdated, as check payments have now largely been superseded by electronic payments. Please note that there is no change to the amount of this fee.
New CM/ECF Help Desk web tool - November 20, 2013
On September 25, 2013, the Court introduced a new CM/ECF HelpDesk web tool. This tool was designed to streamline the process of locating CM/ECF related information on the Court's website and ensuring requests for assistance are routed to the members of the Clerk's Office most qualified to respond.
Click here to view the Captivate module (ELM) that covers the new HelpDesk web tool.
Pending Changes in the Bankruptcy Forms effective December 1, 2013 - November 20, 2013
Click here to view the pending changes
Bankruptcy Judges mentoring program for new bankruptcy lawyers - November 7, 2013
The next session of the Bankruptcy Judges' mentoring program for lawyers new to the practice of bankruptcy law is scheduled for Wednesday, November 20, 2013, from Noon to 1:30 p.m. in the bankruptcy court's training room on the 5th Floor, Sam M. Gibbons U.S. Courthouse in Tampa.
The Court's latest Court Connection Newsletter is currently available - October 23, 2013
National Pro Bono Celebration - October 20 - 26, 2013 - October 18, 2013
In conjunction with the National Pro Bono Celebration, the Court is hosting a reception at 1 p.m. in the Tampa, Orlando and Jacksonville Divisions' training rooms for attorneys who have provided pro bono assistance on bankruptcy matters and who have RSVP'd for the reception.
Court Operations during the Government Shutdown - Update - October 15, 2013
Due to the on-going government shutdown and unless new funding is approved, beginning on October 18, 2013, the United States Bankruptcy Court for the Middle District of Florida and its Clerk's office will only perform essential work of the court.
Permissive Use of Negative Notice List - October 15, 2013
Effective October 15, 2013, the Court has revised the Permissive Use of Negative Notice List to include Applications for Final Compensation in Chapter 11 cases. Note that all fee applications must be accompanied by the Chapter 11 Fee Application Cover Page, available on the Court's website.
Adjusted Presumptively Reasonable Fee Chart - Tampa Division - October 7, 2013
Operations in the Event of a Government Shutdown - September 27, 2013
Until further notice, please note that the Bankruptcy Court and Clerk's Office will continue to operate under its normal schedule, including matters set for hearing and public hours, in the event of a government shutdown on October 1, 2013. Section §341 meetings of creditors will also continue, as noticed.
CM/ECF will be offline and unavailable on Sunday, September 22, from 7:30am to 10:30am as a result of a system upgrade - September 19, 2013
Handout by the Tampa and Fort Myers Divisions for the Tampa/Fort Myers Congressional Reception held in the Tampa and Fort Myers courthouses on September 18, 2013 - September 19, 2013
Implementation of Mortgage Mitigation Mediation Survey - September 16, 2013
The U.S. Bankruptcy Courts for the Southern, Middle and Northern Districts of Florida are jointly conducting a survey on mortgage mitigation mediation programs offered in their respective courts. The survey will be open for responses from September 16 - December 2, 2013.
Intermittent outages of CM/ECF and other web applications on August 17 - August 14, 2013
The Administrative Office will be performing computer network maintenance on August 17. As a result, intermittent outages of CM/ECF and other web applications may occur from 10am to 2pm EST.
Judges' Mentoring Program - August 6, 2013
The next session of the Bankruptcy Judges' mentoring program for lawyers new to the practice of bankruptcy law is scheduled for Tuesday, August 27, 2013, from Noon to 1:30 p.m. in the bankruptcy court's training room on the 5th Floor, Sam M. Gibbons U.S. Courthouse in Tampa.
Revised Permissive Use of Negative Notice List - August 2, 2013
The Court has revised the Permissive Use of Negative Notice List effective August 1, 2013. All Divisions now permit the use of negative notice in Chapter 13 cases for motions for relief from the automatic stay as to the debtor and as to co-debtors. Further accompanying affidavits or verifications are no longer required although the movants are still permitted to submit them if they would like to establish standing or other factual issues. For motions for relief from stay not supported by affidavits or verifications the Court makes no determination on whether the movant has standing to request the relief sought by the Motion and makes no finding that the Debtor is delinquent on any obligation.