FBA/ABOTA Civility Matters Program on October 7, 2016
August 30, 2016
The North Central Florida Chapters of the Federal Bar Association (FBA) and the American Board of Trial Advocates (ABOTA) are proud to present "Civility Matters," an effort to promote the Florida Bar's mandate of ethics and professionalism in the practice of law and pursue the first specific purpose in ABOTA's constitution: "To elevate the standards of integrity, honor and courtesy in the legal profession." The FBA and ABOTA hope you will join us for a 2 hour program immediately following the October 7, 2016 Bar luncheon at the Wooly for an exciting panel presentation to address difficult q
In 2016, the Judicial Conference Committee on Rules of Practice and Procedure approved publication of proposed amendments to the following rules and forms for a comment period from August 12, 2016 through February 15, 2017.
- Appellate Rules 8, 11, 25, 28.1, 29, 31, 39, 41, and Form 4
- Bankruptcy Rules 3002.1, 5005, 8002, 8006, 8011, 8013, 8015, 8016, 8017, new Rule 8018.1, 8022, 8023, and new Part VIII Appendix; and Official Forms 309F, 417A, 417C, 425A, 425B, 425C, and 426
- Civil Rules 5, 23, 62, and 65.1
The Judicial Conference Committee on Rules of Practice and Procedure approved publication of proposed amendments to Bankruptcy Rule 3015 and proposed new Rule 3015.1 for a comment period from July 1, 2016 through October 3, 2016. CLICK HERE for more information.
Update to the Permissive Use of Negative Notice List
June 14, 2016
The Negative Notice List has been updated to reflect two new additions: (1) Motion for Entry of Discharge (Chapter 11 Individual Case); and (2) Motion for Final Decree for Chapter 11 Cases other than those for an Individual Case. Click here to access the updated document.
This is a general notice warning to be on the lookout for fraudulent emails that may contain links to ransomware and/or malware. For your safety, please delete such emails without clicking the embedded links.
Update to the Permissive Use of Negative Notice List
May 5, 2016
The Permissive Use of Negative Notice List has been updated to reflect that motions seeking relief from stay under 11 U.S.C. 362(d)(4) cannot be filed on negative notice. Those motions must be heard and therefore cannot be filed and served using the Court's negative notice procedure. CLICK HERE to access the updated document.
Corrections to Official Forms (effective immediately) and Changes to Dollar Amounts in Bankruptcy Forms (effective April 1)
March 14, 2016
Dollar amounts in the seven official bankruptcy forms, the Proof of Claim form, three Director's forms, and the instructions for individual and non-individual debtors will change effective 4/1/16 to dollar amounts stated in various provisions of the Bankruptcy Code.
New Motions Added to Court's Permissive Use of Negative Notice List for Chapter 12 and 13 Cases
February 29, 2016
Two new motions have been added to FLN-B's Permissive Use of Negative Notice List for use in Chapter 12 and 13 cases only. Those motions are: (1) Motion to Approve Post-petition Financing (vehicles and equipment) and (2) Motion to Approve Use of Insurance Proceeds to Purchase Replacement Vehicle. Specific filing events have been created for your convenience in filing these motions.
Most of the Official Bankruptcy forms, including the Voluntary Petition and all related Schedules and Statements, will be replaced effective December 1, 2015. The new forms are substantially revised, reformatted, and renumbered. Included with this revision cycle are separate petitions for individual and non-individual debtors as well as new schedules A/B, E/F, and J-2. Many of the new forms require additional information which will result in new screens in CM/ECF when filing petitions. For detailed information regarding these changes, please review the following:
Phone scammers are targeting bankruptcy filers in several states, including Florida, using personal information from filings and posing as attorneys to get intended victims to immediately wire money to satisfy debt. Calls may appear to be from a law firm per caller ID but are in fact not and are fraudulent. Consumers receiving this kind of call are advised to hang up and contact their bankruptcy attorney as soon as possible. Do not give any personal or financial account information to the caller.
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.
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