United States Bankruptcy Court, Middle District of
Florida
Local Rules Amendments Effective August 1, 2024
Click on the title of each rule for a link to the proposed amendments.
Click HERE to submit comments regarding the proposed amendments. Comment Period Ends July 1, 2024.
Rule 2081-1 Chapter 11 – General
The proposed amendment to section (g) conforms the rule to amended Federal Rule of Bankruptcy Procedure 5005(b)(1) that no longer requires mail or hand-delivery of papers to the United States trustee, but allows service by CM/ECF.
The proposed amendment adds new section (b) that provides a 30-day deadline for filing a claim arising from the rejection of an executory contract or unexpired lease after entry of the order approving the rejection.
Rule 4001-1 Automatic StayThis proposed amendment to section (c)(6) clarifies that, upon dismissal of a case, the Court will retain jurisdiction and hold hearings on motions for relief from stay that (i) were scheduled for hearing within 14 days of the date of the dismissal order or (ii) request an order binding upon the debtor in subsequently filed cases.
Rule
5001-2 Clerk's Office Locations, Hours, and
Procedures for After-Hours Filing in Case of
Emergency
The proposed amendment to section (b) conforms the rule
to the Court’s after-hours filing procedure that now
includes filing by email in addition facsimile
transmission.
The proposed amendments to the rule clarify that the rule applies to rescheduling hearings and not just continuances. The proposed amendments will also retitle the rule: Rescheduling Hearings or Trials.
The proposed amendments to the rule more closely align with M.D. Fla. R. 5.03 and make clear that certain rules of decorum apply whether a person is appearing remotely or in person. Other changes are stylistic.
Rule
7001-1 Adversary Proceedings
The proposed amendments to section (k) extend the ten-page limit to all motions, responses, replies and supporting memoranda filed with the Court and remove motions for summary judgment from the Court’s negative notice procedures.
Rule
7026-1 Discovery – General
The proposed amendments to the rule contain specific requirements for parties to meet and confer (and to certify that they have done so) prior to filing discovery motions.
The proposed revisions conform the rule to Middle District Discovery: A Handbook on Discovery Practice in the United States District Court for the Middle District of Florida.
The proposed amendments to the rule are intended to clarify changes to the mediation rules regarding declaring impasse and execution of agreements.
The proposed revision to section (c)(3) clarifies that an order after hearing should be submitted within three days of the hearing.