United States Bankruptcy Court, Middle District of
Florida
Proposed New and Amended Local Rules for Public
Comment
Comment Period: March 17 - May 9, 2025
New and Amended Rules Effective: August 1, 2025
Click HERE to provide comments regarding the proposed new and amended rules
Local Rule 1071-1 Divisions - Bankruptcy Court
The proposed amendment revises section (c) to clarify that the Court does not assign cases to Divisions. Instead, it is the responsibility of the debtor or petitioning creditors to file a petition in the appropriate Division. Other changes are stylistic.
*New* Local Rule 2014-1 Employment of Special Counsel in Consumer Protection Cases
This proposed new rule incorporates provisions of Administrative Order FLMB-2019-3 Governing Retention of Special Counsel in Consumer Protection Cases. The new rule will supersede and replace the administrative order, and the administrative order will be archived.
Local Rule 2016-1 Compensation of Estate ProfessionalsThe proposed amendment changes the rule's title and updates section (c)(2)(A)(i) to conform with current procedures for filing fee applications in Chapter 11 cases.
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Rule 2090-1 Attorneys - Admission to Practice and
Pro Hac Vice Admission
The proposed amendment revises section (c)(1) to specify
what information is required in a motion to appear pro
hac vice. Other changes are stylistic.
Local
Rule 3020-1 Chapter 11 - Confirmation
The proposed amendment adds new section (d) requiring that the plan proponent file and serve a notice of effective date within seven days of the effective date of the plan. Other changes are stylistic.
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Rule 4001-1 Automatic Stay
The proposed amendment revises section (c)(6)(A) to add that if a case is dismissed while a motion for sanctions arising from alleged violations of the automatic stay is scheduled for hearing, the Court will retain jurisdiction over that issue, and the dismissal order will not deny the motion or cancel the hearing.
The proposed amendment also adds new section (d) incorporating provisions of Administrative Order FLMB-2020-5 Regarding Modification of the Automatic Stay in Connection with Forbearance Agreements. This amendment will supersede and replace the administrative order, and the administrative order will be archived.
Other changes are stylistic.
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Rule 4008-1 Reaffirmation Agreements
The proposed amendment adds new section (i) incorporating provisions of Administrative Order FLMB-2015-9 Granting Relief from Discharge Injunction to Enter into Agreement to Refinance or Modify Debtor Secured by Lien on Homestead. This amendment will supersede and replace the administrative order, and the administrative order will be archived. Other changes are stylistic.
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Rule 7001-1 Adversary Proceedings – Procedures
The proposed amendment revises (k)(4) to conform the rule to the Court’s Negative Notice and Accompanying Orders Lists regarding motions related to discovery in certain circumstances. Other changes are stylistic.
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Rule 7055-2 Judgments by Default
The proposed amendment revises section (a) to make it consistent with Local Rule 7001-1(f) regarding the deadline for filing motions for default. Other changes are stylistic.
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Rule 8003-2 Dismissal of Untimely
Appeals
The proposed amendment retitles the rule and expands it to include provisions of the District Court's Amended General Order Establishing Protocols for Processing Bankruptcy Appeals entered on October 29, 2024, which includes provisions that allow the Bankruptcy Court to dismiss untimely appeals, appeals that are filed without the filing fee, and appeals in which the appellant fails to timely file the designation of record and statement of issues on appeal. The amendment also adds a provision that an aggrieved party has the right to request District Court review the Bankruptcy Court's dismissal order within 14 days.
Local
Rule 9027-1 Removal/Remand
The proposed amendment revises sections (a) and (b) to require a removing party to file a copy of the state court docket with the notice of removal (as opposed to the entire record), and to file operative pleadings, substantive rulings, and any pending motions and responses as separate docket entries within seven days of filing the notice of removal. New section (c) sets a 14-day deadline for filing memorandum in response to motions pending in the state court at the time of removal. New section (d) provides that motions for remand must be filed within 30 days after removal.
The proposed amendment reorganizes the rule and eliminates obsolete provisions, including the requirement to use Exhibit Cover Sheets. Provisions in section (c) regarding use of exhibits at trial have been amended and moved to new Rule 9070-2.
*NEW* Local Rule 9070-2 Exhibits at Trial
This new rule incorporates and expands on the provisions of the current Local Rule 9070-1(c) regarding copies of exhibits and preparation and use of witness binders at trial.