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AMENDMENTS TO LOCAL RULES AND COMMENT SUBMISSION FORM
The judges of the United States Bankruptcy Court for the Middle District of Florida are considering proposed amendments to the Local Rules.
The proposals are posted below for public comment commencing on June 16, 2020. The public comment period ends on June 30, 2020.
Attorneys and parties who appear before the Court are encouraged to review the proposed amendments. The Court appreciates all comments and will consider them prior to the promulgation of the amended rules.
Click here to provide comments regarding the proposed amendments.
Case management And Electronic Case Filing System -- CM/ECF
The proposed revision moves former sections (h) Waiver of Service by Mail and (m) Access to CM/ECF by Non-Electronic Filing Users to sections (d) and (e) so that they are more prominently located in the rule.
Relettered subsection (e)(2) clarifies that a pro se debtor’s election to receive electronic notice is not a waiver of service by mail; however, orders and notices served by the Court will not be served by mail.
Relettered section (h) Retention of Original Papers is revised to require attorneys to retain signed originals of engagement and retainer agreements, including the contracts required by § 528(a)(1).
Relettered section (i) clarifies requirements for filing proofs of service.
Notice to Creditors and Other Interested Parties (to be effective December 1, 2020)
Current Federal Rule of Bankruptcy Procedure 2002(h) provides that the court may limit notice to creditors in Chapter 7 cases to those creditors who have filed claims. An amendment to Federal Rule of Bankruptcy Procedure 2002(h) goes into effect on December 1, 2020, that will similarly allow the court to limit notice to creditors in Chapter 12 and 13 cases. In addition, revised Rule 2002(h) distinguishes between voluntary and involuntary Chapter 7 cases and reflects the shortened time periods for filing claims under Rule 3002(c).
Negative Notice Procedure
The proposed revision to the Negative Notice Legend (1) simplifies the language and (2) eliminates the requirement for service by mail on the moving party’s attorney unless the moving party is not represented by an attorney.
Attorneys -- Admission to Practice and Pro Hac Vice Admission
The proposed revision clarifies that admission to practice in the Middle District is not required for an attorney to prepare and file a motion for payment of unclaimed funds. The title of the rule is also revised to make it easier to locate in the Local Rules' Table of Contents.
3002-1 Deadline for Filing Proofs of Claim in Reinstated Cases; Late-Filed Proofs of Claim
- The current version of Local Rule 3002-1 incorrectly states the provisions of 11 U.S.C. § 726(a). The proposed revision distinguishes between “tardily filed” claims that, under § 726(a)(3), receive distribution only after all timely filed claims are paid in full and tardily filed claims that receive distributions with timely filed claims if the holder of the claim did not have notice or actual knowledge in time for timely filing of a proof of claim under § 726(a)(2)(C).
3020-1 Chapter 11 – Confirmation
- The current Local Rule requires confirmation orders include a scheduling summarizing the timing and amount of payments to be paid under the confirmed plan. The proposed revision clarifies that if the plan provides for payments of a fixed sum of money (a “pot plan”), the Distribution Schedule shall be filed no later than 30 days after all objections to claims are resolved. The proposed revision also clarifies Post-Confirmation Avoidance & Claim Litigation Reports are required if the Court so orders.
9072-1 Orders – Proposed
- The proposed revision to the Local Rule includes an addition to subsection (d) providing that if an agreed order resolves a matter that is set for hearing, the order shall state that the scheduled hearing is cancelled.