The Bankruptcy Judges of the Middle District of Florida have approved the following new and amended Local Rules, effective July 1, 2015. A brief summary of the revisions is available HERE. However, the new and amended Local Rules should be reviewed in their entirety.
Case Management and Electronic Case Filing System - CM/ECF
New section (c) of the rule requires Electronic Filing Users to convert papers maintained in electronic format from the word processing original to Portable Document Format (PDF). This does not apply to papers originally in paper form, such as client records or exhibits. In addition, section (d) reduces the time during which Electronic Filing Users must retain paper copies bearing original signatures from four years to two years.
Amendments to Lists & Schedules
Amended Section (e) requires that the Notice of Deadline to File Proof of Claim, if any, be served upon newly added creditors in amended Schedules D, E and F.
Assignment of Cases
This amendment clarifies that a successive case filed by or against a debtor will be assigned to the judge assigned to the previously filed case unless the successive case is filed in a different Division. In that event, the case will not be reassigned to the Division of the previous case but parties in interest may move for a transfer of venue to the original venue and assigned judge
Corporations and Other Non-Individual Persons
This amendment incorporates the Court's current practice permitting agents, such as employees or principals, of non-individual persons (e.g., corporations, limited liability companies, etc.) to attend meetings of creditors and, with the Court's permission, other hearings on objections to claims and other limited matters.
The amendment in section (c) authorizes Chapter 7 trustees to pay any unpaid filing fees from available funds in cases where the debtor is either not required to pay a filing fee or has failed to do so.
Compensation of Professionals
The amendment requires that when fee applications are served using the negative notice procedures of Local Rule 2002-4, the negative notice legend and the title of the application shall be located on the first page of the application and the Chapter 11 Fee Application Summary [previously titled the Chapter 11 Fee Application Cover Page] shall be the second page of the application.
Attorneys - Admission to Practice
This amendment eliminates the requirement that qualified law students comply with applicable requirements promulgated by the Supreme Court of Florida and the Florida Bar. This amendment also clarifies that, in addition to the requirement that the supervising lawyer or a lawyer with the same law firm as the supervising lawyer review all papers prepared by the qualified law student, the papers shall be filed using that lawyer's CM/ECF User ID.
Appearances by Law Students
New section (d) was previously section (a) of Local Rule 2090-2.
Ballots - Voting on Plans
This amendment to section (d) prescribes a form of ballot tabulation available on the Court's website and specifies that the ballot tabulation shall be filed with the Court two days prior to the confirmation hearing.
Applications for Administrative Expenses
The amendment to section (b)(i) specifies that applications for administrative expenses in Chapter 11, 12 and 13 cases must be filed before the later of 21 days in advance of the confirmation hearing, or with respect expenses arising after the original deadline, 21 days in advance of a continued confirmation hearing, and 30 days after the last event giving rise to the claim.
The amendment is stylistic and conforms the rule to current practice.
Reaffirmation Agreements [New]
This new rule incorporates procedures adopted by the Court as set forth in a memorandum to counsel from Chief Judge Jennemann dated August 27, 2014 (available under Emailed Blast Notifications on the Court's website).
Filing Papers - Requirements
This amendment is stylistic and conforms the rule to the uniform numbering system prescribed by the Judicial Conference of the United States and to the model system suggested and approved by the Advisory Committee on Bankruptcy Rules of the Judicial Conference's Committee on Rules of Practice and Procedure. This amendment incorporates portions of text previously included in Local Rules 5005-2 and 5005-3.
Withdrawal of Reference
The revisions to this rule are mainly stylistic.
This amendment is primarily stylistic. New section (b)(13) directs counsel and parties to the Court's Policies and Procedures on Telephonic Appearances.
Interrogatories to Parties
This amendment reflects the changes in word processing technology.
Judgments by Default
The amendments are stylistic and state the requirements for statements of non-military status.
Notice of Appeal
Amended and renumbered as Local Rule 8003-1 to correspond to the amendments and renumbering of the rules in Part VIII of the Federal Rules of Bankruptcy Procedure.
Notice of Appeal
This rule was formerly Local Rule 8001-1. The rule is amended and renumbered to correspond to the amendments and renumbering of the rules in Part VIII of the Federal Rules of Bankruptcy Procedure.
Completion of Record - Appeal
This rule was formerly Local Rule 8007-1. The rule is renumbered to correspond to the amendments and renumbering of the rules in Part VIII of the Federal Rules of Bankruptcy Procedure.
This amendment is primarily stylistic. In addition, section (a) defines CM/ECF
Caption - Papers, General
This amendment is primarily stylistic. Section (b) clarifies that motions filed with the Court shall request only one form of relief unless the request seeks alternative forms of relief under the same provision of the Bankruptcy Code or Federal Rules of Bankruptcy Procedure.
The amendment to section (a) requires attorneys to include their telephone number in their signature block and eliminates the requirement that they include their fax number.
Proof of Service
This amended rule substantially replaces former Local Rule 7005-1. The rule addresses proof of service generally; amended Local Rule 7005-1 addresses service in adversary and contested matters.
Subpoenas before Trial [New]
This new rule requires subpoenas before trial to be filed with the Court in addition to being served on each party to the adversary proceeding or contested matter.
This amendment requires the removing party, in addition to filing the state court record with the notice of removal, to also file the operative pleadings, etc. as separate docket entries.
Orders - Proposed
This amendment includes section (b)(1) and refers to the "Accompanying Orders" list posted on the Court's website.
L.R. 1002-1 Filing of the Petition
L.R. 1019-1 Conversion - Procedure Following Chapter 11 Confirmation
L.R. 5003-1 Electronic Documents - Entry of
L.R. 5003-2 Court Orders - Entry of
L.R. 5005-2 Filing of Petition and Other Papers
L.R. 5005-3 Filing Papers - Size of Papers
L.R. 7005-1 Proof of Service – Adversary Proceedings and Contested Matters
L.R. 7005-3 Service by Electronic Means Under Rule 5(b)(2)(E)
L.R. 9014-1 Service and Proof of Service - Contested Matters
L.R. 9033-1 Review of Proposed Findings of Fact and Conclusions of Law in Non-Core Proceedings
L.R. 9036-1 Notice by Electronic Transmission; Service by Facsimile
L.R. 9070-2 Attachments - Electronic Submission of