The Bankruptcy Judges of the Middle District of Florida have approved the following new and amended Local Rules, effective July 1, 2014. A brief summary of the revisions is set forth below. However, the new and amended Local Rules should be reviewed in their entirety.
Case Management and Electronic Case Filing System – CM/ECF Section (e) is revised to provide that claimants who have filed or who expect to file ten or more claims (reduced from 25) within a one-year period shall file their claims and claims-related papers electronically.
Change in Assignment of Volusia County from Jacksonville Division to Orlando Division
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.
Negative Notice Procedure
The negative notice legend is revised to add three days for service to the response period. Section (e) is revised to provide that orders on motions served using negative notice procedures shall be submitted after the expiration of the notice period and within three business days of such expiration.
Examination of Debtor and Others
This new rule establishes procedures for examinations under Fed. R. Bankr. P. 2004. The rule permits the examining party to schedule the examination on 21-days’ notice, without requiring the filing of a motion or an order authorizing the examination. This rule does not apply to adversary proceedings or contested matters.
Compensation of Professionals
Subsection (c)(2)(iv) is revised to require, unless otherwise ordered by the Court, Court approval of Chapter 11 post-confirmation professional fees and costs.
Attorneys – Admission to Practice
New section (d) imposes the responsibility upon attorneys who voluntarily resign from membership from the bar of any jurisdiction upon whose admission the attorney’s eligibility to practice law in the Middle District of Florida relies, or who becomes ineligible to practice law because of disbarment or suspension from another court, to inform the Court of such resignation or ineligibility to practice law.
Chapter 11 – Confirmation
New section (a) requires amendments to Chapter 11 plans to be filed with the Court either as a single integrated amended plan or to be incorporated in the order of confirmation. New section (d) requires the order confirming plan to include notice of the initial post confirmation status conference and the form of post confirmation avoidance recovery report to be filed in connection with post confirmation status conferences.
This new rule establishes procedures for filing motions to extend or impose the automatic stay, motions to confirm that no automatic stay is in effect, and motions for relief from stay.
Section (d) is revised to prescribe the procedures for the filing of papers containing the signatures of more than one party.
Orders – Proposed
The rule is revised to describe the format of proposed orders submitted to the Court and procedures for the submission of orders, agreed orders and amended orders.