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Instructions and Procedures (Chambers)

Continuances
Courtroom and Hearings
Objections to Claims
Emergency Hearing Requests
Exhibit Labels in CM/ECF
Proposed Orders
Stay Relief
 



Continuances

The title of all Motions for Continuance must include:

  • What you are requesting to be continued (e.g., Motion to Incur).
  • The docket entry number of the motion/application being continued (NOT THE DOCKET NUMBER OF THE NOTICE OF HEARING).

The title of all Orders granting continuance must include:

  • The title of the specific motion/application being continued (e.g., Mtn. to Incur).
  • The docket entry number of the motion/application being continued.  (NOT THE DOCKET NUMBERS FOR THE MOTION FOR CONTINUANCE OR THE HEARING NOTICE.)

Courtroom and Hearings

  • Only one person talking at a time.
  • Address only the Court – not each other.
  • Court call – state name clearly; spell last name.
  • Telephonic – it is up to you to initiate the call and to be sure all attorneys wishing to appear can be conferenced in – BE ON TIME!  Telephonic hearings are still hearings.
  • Speak from the podium – especially in Tallahassee.

Objections to Claims

  • Include the full name and address of the Claimant as per the filed Claim.
  • Include the Claim number and amount.
  • Show proper service.
  • If submitting Orders sustaining claims objections after no response to negative notice, do not include rulings on legal issues – statute of limitations, not proper holder, etc.
  • If the Debtor listed a claim (not as disputed), the Court will not sustain objections to claims filed by the claimant listed on the basis of failure to attach documentation to the claim if the amounts are close.  Such objections to claims will receive the Court’s scrutiny and in extreme circumstances could lead to sanctions (See, e.g. In re MacFarland, 462 B.R. 857 (Bankr. S.D. Fla. 2011).
  • GOVERNMENT AGENCIES – NEGATIVE NOTICE RULES DO NOT APPLY; BE SURE TO SERVE ALL REQUIRED ADDRESSES.
  • Orders must contain the Claim number and the name and address of Claimant.
  • Objections must clearly indicate the amount of the claim to be disallowed:
    • DO: “…claim No. 1 filed by ___________ in the amount of $4,321, is disallowed.”
    • DON’T: “…claim is disallowed in its entirety.”

Emergency Hearing Requests

  • Use this option ONLY in event of an emergency. Emergency motions MUST be accompanied by a Statement of Need for Emergency Hearing (L.R. 9073-1(B)(3)) – do not say “the reason this is an emergency is as stated in our motion”.

Exhibit Labels in CM/ECF

When uploading PDF files in addition to the main document, filers may use the “Category” options presented by CM/ECF but absolutely must use the “Description” field to fully describe the nature of each PDF exhibit.

Proposed Orders

Click here for instructions on preparing and submitting proposed orders. All proposed orders must be submitted electronically through CM/ECF.

Stay Relief

  • Beginning in January, 2013, all parties MUST abide by deadlines in hearing notices and CourtCall requirements for telephonic appearances.
  • Hearings will proceed as scheduled unless the court has received a TIMELY proposed order.
  • Requests for cancellation should be made via CM/ECF.
  • Beginning in January, 2013, deadline to submit settlements or proposed orders is being changed:  3:00 P.M. EASTERN STANDARD TIME THE DAY PRIOR TO THE SCHEDULED HEARING.
  • 14-day Stay – GRANTED ONLY IF REQUESTED IN MOTION
    • DO:                 “The Movant made sufficient allegations and a request in the
                               Motion to waive the 14-day stay requirement of Bankruptcy Rule
                               4001(a)(3). No objection being raised, the automatic stay shall
                               be lifted immediately upon execution of this order.”
    • DON’T:            “The 14 day stay requirement under Rule 4001(a)(3) is waived.”


Disclaimer
Various links listed on this and other pages are maintained by other public and private organizations. These links and pointers are provided for the user's convenience. The U. S. Bankruptcy Court does not control or guarantee the accuracy, relevance, timeliness, or completeness of this outside information; nor does it control or guarantee the on-going availability, maintenance, or security of these Internet sites. Further, the inclusion of links or pointers to particular items in hypertext is not intended to endorse any views expressed, or products or services offered on these outside sites, or the organizations sponsoring the sites.