Mortgage Modification Mediation Process Important Update
September 24, 2015
Effective October 1, 2015, all parties participating in the Mortgage Modification Mediation process in the Northern District of Florida shall comply with the amended and modified MMM procedures set forth within Administrative Order No. 15-001.
The current 14-year term of office of The Honorable Paul W. Bonapfel, United States Bankruptcy Judge for the Northern District of Georgia at Atlanta, is due to expire on 9 April 2016. The United States Court of Appeals for the Eleventh Circuit presently is considering whether to reappoint Judge Bonapfel to a new 14-year term of office. Members of the bar and the public are invited to submit written comments for consideration by the Court of Appeals concerning the reappointment.
We have been informed that CINgroup will no longer update or support the EZ-Filing and New Hope bankruptcy software programs after November 30, 2015, and will not release an update containing the new or revised bankruptcy forms effective December 1.
Proposed Amendments Published for Public Comment - August 2015 (IMPORTANT)
August 14, 2015
The Judicial Conference Advisory Committees on Bankruptcy and Evidence Rules have proposed amendments to their respective rules, and requested that the proposals be circulated to the bench, bar, and public for comment. The proposed amendments, Rules Committee reports explaining the proposed changes, and other information are posted on the Judiciary’s website at: http://www.uscourts.gov/rules-policies/proposed-amendments-published-public-comment.
An Updated Version of McAfee May Mark Email Generated by CM/ECF as Spam
June 11, 2015
The Administrative Office of the Federal Judiciary has advised that law firms, attorneys and/or parties who are running the recently updated version of McAfee may not receive email from ECF. As it is understood, email generated by ECF may be recognized as spam for those running this updated version of McAfee.
The Court will now serve the "Notice of Case Number Change" in order to ensure timely receipt by all parties. In addition, the document has been updated to note that the latest updates will initially appear in yellow highlighted text so that the changes may be easily reviewed.
Certificate of Service Information & Local Form Available
February 4, 2015
A new Certificate of Service PDF form (Local Form 4) has been added on the Forms page of the Court's website as well as an instructional document (Local Form 5-Inst) which contains samples of Certificate of Service formats for those to be included as part of a pleading or other document filed in CM/ECF and those to be filed separately as a stand alone document (e.g., Certificate of Service of an Order as directed by the Court). Click here to access these documents.
Noticing Project Procedural Change re Preliminary Hearing Orders on Motions for Relief from Stay
January 28, 2015
Due to their time sensitive nature, the court has added "Preliminary Hearing Orders on Motions for Relief from Stay" to the list of documents that will be served to non-electronic parties through the Bankruptcy Noticing Center. Click here to access the court's Noticing Project procedures and Frequently Asked Questions.
The Noticing Project procedures have been updated concerning text to be added to proposed orders. The term "proof of service" has been replaced by "certificate of service" within the "attorney" and "trustee" proposed order text examples. Click here to review the revised procedures and to take advantage of our list of Frequently Asked Questions.
We have received many questions over the past few days about the new noticing requirements, CM/ECF and PACER. All of your questions have been discussed and the answers codified within the Noticing Project Frequently Asked Questions (FAQs) document for the benefit of all filers.
The FAQs associated with the noticing project that went live on 1/1/2015 have been updated. The latest FAQs address how to access Notice of Electronic Filing (NEF) information for an entry in a case and how that information can be used to help a filer create a properly formatted and accurate Certificate of Service.
Noticing Project Details and Frequently Asked Questions (FAQs)
December 30, 2014
The court's new noticing policy will go into effect on January 1, 2015. The Noticing Project announcement document has been updated with FAQs to help you navigate this new process. A link to this document (called "Noticing Requirements/FAQs") has been added to the Filing Requirements drop-down menu for your convenience.
During its September 2014 session, the Judicial Conference approved a new fee for filing a motion to redact. This fee is effective December 1, 2014. CLICK HERE to review frequently asked questions (FAQs) concerning this fee. The current fee schedule, effective 12/1/2014, can be accessed HERE.
A new link has been added to the Filing Requirements page called "Noticing Requirements." This document has been updated to include Orders Scheduling Pretrial Hearings and Trials to the list of documents that the court intends to continue noticing through the Bankruptcy Noticing Center. The document also notes that the United States Trustee's Office is excluded from the new noticing requirements pursuant to 11 U.S.C. §101(42).
Bankruptcy Rules, Forms, and Fee Amendments Effective 12/1/2014 - Instructional Video Available
November 21, 2014
The Bankruptcy Courts for the Eastern, Northern, and Western Districts of Oklahoma have created an instructional video presentation concerning amendments to the rules and forms. The Northern District of Florida thanks the Chief Deputy Clerks of the Oklahoma bankruptcy courts for creating this very effective presentation.
Update to Proposed Order Guidelines: Clarification Concerning the New Competing Orders Procedure
October 23, 2014
The court recently published an update to the Proposed Order Guidelines document which resulted in several questions from counsel concerning the new "competing order" language. The language has been updated to clarify that this process only applies if there is a dispute that has been discussed between counsel about all or a portion of a proposed order that cannot be resolved by the time the proposed order is to be submitted. The procedure has also been updated to remind counsel to copy opposing counsel with the proposed order and the required letter.
Mortgage Modification Mediation Program Update re Standing Order No. 20
October 6, 2014
Standing Order No. 20 has been amended to reflect that the Mortgage Modification Mediation (MMM) Program is available in all cases and for any type of real property. In addition, the list of mediator qualifications been revised. All changes are effective September 22, 2014 and can be viewed here.
Effective January 1, 2015, the Court will institute a policy of attorneys and Trustees serving their orders and hearing notices. This practice is consistent with other federal and state courts. Click here for details.
Judge Specie shall not engage in ex parte communication of any kind. Bankruptcy Rule 9003 states: "any party in interest, and any attorney, accountant, or employee of a party in interest shall refrain from ex parte meetings and communications with the court concerning matters affecting a particular case or proceeding." Failure to comply with this rule may result in sanctions.
Historic Agreement Reached on Uniform Mortgage Modification Mediations in Bankruptcy Cases Filed in Florida
April 24, 2014
On February 27, 2014, a state-wide summit was held in Orlando to discuss uniform procedures to adopt in the respective Mortgage Modification Mediation (MMM) programs operating in Florida’s Northern, Middle, and Southern Districts of the United States Bankruptcy Court. After listening to the positions of the various constituencies, the Bankruptcy Judges in all three districts support the general terms, which shall remain subject to each district’s unique practice and procedures. This is the first time all three federal Bankruptcy Districts in Florida adopted a uniform process or policy.
New Chapter 13 Mortgage Modification Mediation program Begins 6/1/13
May 17, 2013
•Chapter 13 debtors only
•Mediation limited to debtor’s primary residence
•Debtor must be able to contribute up to 31% of gross income to modified mortgage payment
•Debtor must pay a $385 mediation fee to the Chapter 13 Trustee before attending mediation
This Court has implemented a program to streamline the process of obtaining a mortgage modification where lenders are required to have a representative with full settlement authority available at the mediation.
Effective May 1, 2013, the bankruptcy courts will begin charging a new fee of $25 for each claim transferred. This fee was approved by the Judicial Conference of the United States at its September 2012 session. Click here for more information.
Automatic Adjustment of Certain Dollar Amounts in the Bankruptcy Code and Official Bankruptcy Forms
March 14, 2013
On April 1, 2013, automatic adjustments to the dollar amounts stated in various provisions of the Bankruptcy Code and one provision in Title 28 of the United States Code will become effective and will apply to cases filed on or after April 1, 2013. Click here for details.
Click here to read about the new Pro Bono Initiative established by the Northern District of Florida Bankruptcy Bar Association and the Court in an effort to assist Florida lawyers with the goals set out in Rule 4-6.1 of the Rules Regulating the Florida Bar.
Centralized Processing of Returned Bankruptcy Notice Center (BNC) Mail
September 11, 2012
Effective October 15, 2012, the Bankruptcy Noticing Center (BNC) will begin accepting, processing and securely disposing of notices that would otherwise be returned to the bankruptcy courts by the U.S. Postal Service. The service will significantly reduce national postage expenditures. Further information can be reviewed here.
Creditors may file an electronic Proof of Claim without logging into, or being required to have a login and password for CM/ECF by clicking here. You will be permitted to attach supporting documentation by selecting the radial button at the bottom of the screen.
Increase in PACER/Electronic Public Access Fee - Effective April 1, 2012
March 27, 2012
As directed by Congress, the Judicial Conference amended the Electronic Public Access Fee Schedule to increase the PACER Internet access fee from eight cents per page to ten cents per page and to raise the waiver from $10 to $15 in a quarterly billing cycle. The change is needed to continue to support and improve the Public Access to Court Electronic Records (PACER) system, and to develop and implement the next generation of the Judiciary's Case Management/Electronic Case Filing system.
The Administrative Procedures for Electronic Filing (Section II, B) requires attorneys filing electronically to serve pleadings electronically to registered participants of the ECF system. For parties who have opted out of electronic service or who are not registered participants, attorneys are required to serve the pleading in accordance with applicable rules. The pleading should include a Certificate of Service reflecting which parties have been served electronically or by other means.
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