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IMPORTANT INFORMATION - Proposed Orders and Orders Granting Stay Relief

Announcement Posting Period:
Wednesday, February 21, 2018 - Thursday, February 21, 2019

Proposed Orders - continue to take up an inordinate amount of time. For that reason, Chambers will no longer modify proposed orders that are incorrect. Rather, incorrect proposed orders will be sent back to the preparer. If, after three tries, a proposed order is not in appropriate form, the corresponding motion or application will be denied without prejudice. Guidelines for proposed orders, which will be updated soon, are at: http://www.flnb.uscourts.gov/sites/default/files/filing_requirements/4-inst.pdf

Orders granting stay relief - Many creditors insert language in stay relief orders that grants them permission to contact debtors directly regarding possible loan modification. Occasionally, such language is over-broad and could appear to grant broader authority than would be appropriate with a discharge injunction. The Court will scrutinize language in proposed orders that permits a creditor to contact a debtor (or co-debtor) directly. Orders that contain language that is too broad will be sent back for corrections.

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