You are here

AO 18-001

In re: HURRICANE MICHAEL ADMINISTRATIVE ORDER NO. 18-001 / FIRST ADMINISTRATIVE ORDER REGARDING HURRICANE MICHAEL: EMERGENCY GRANTS, LOANS, INSURANCE PAYMENTS, AND OTHER ASSISTANCE

The Court has determined that due to the extensive damage caused by Hurricane Michael, exigent circumstances justify implementation of an Administrative Order regarding the receipt of certain types of financial assistance by debtors. The Court recognizes that some consumer debtors may be eligible for emergency grants, loans, and other assistance; while others will be entitled to insurance payments. The Court is aware that agencies have different policies with respect to providing assistance to debtors in bankruptcy, so in order to facilitate the recovery of the victims of Hurricane Michael, it is ORDERED: 1. A debtor may receive insurance proceeds, gifts, grants, or inkind contributions if the debtor has no legal obligation to repay 2 the insurance proceeds, gifts, grants, or in-kind contributions without prior Court approval. 2. If a debtor receives insurance proceeds, gifts, grants, or in-kind contributions, the debtor shall include a disclosure setting forth the type and amount of assistance received with any proposed plan or plan modification. 3. Insurance proceeds, gifts, grants, or in-kind contributions may be used to replace or repair the debtor’s real or personal property without a further Court order. If there is an additional loss payee (such as a mortgage company), this Order does not affect the debtor’s obligation to obtain appropriate approvals, if any, from the additional payee. If required, debtors may seek emergency relief to effectuate any required approvals. 4. A debtor may receive a loan only under these conditions: a. If the proceeds of the loan are to be received from an agency of the United States, the State of Florida, or a political subdivision of the State of Florida, no advanced Court approval is required; or b. If repayment of the loan is guaranteed by an agency of the United States, the State of Florida, or a political 3 subdivision of the State of Florida, no advanced Court approval is required; or c. If the loan has been approved by the Chapter 13 Trustee under 11 U.S.C. §1305(c) of the Bankruptcy Code, no advanced Court approval is required; or d. In all other instances, advanced Court approval is required. 5. If a debtor receives a loan that does not require prior Court approval under paragraph 4, the debtor shall include a disclosure setting forth the source, the amount of the loan received, and repayment terms with any proposed plan or plan modification.

DONE and ORDERED on October 15, 2018. KAREN K. SPECIE Chief United States Bankruptcy Judge

File: 
AttachmentSize
PDF icon ao18_001.pdf129.16 KB
Judge: 
Specie
Order Date: 
Monday, October 15, 2018
Type: 
Active Administrative Orders