CHANGE OF DIVISION WITHIN THIS DISTRICT
- Divisions. This district has four (4) divisions as follows:
- Pensacola Division shall be composed of the following counties: Escambia, Santa Rosa, Okaloosa and Walton.
- Panama City shall be composed of the following counties: Jackson, Holmes, Washington, Bay, Calhoun, and Gulf.
- Tallahassee Division shall be composed of the following counties: Leon, Gadsden, Liberty, Franklin, Wakulla, Jefferson, Taylor, and Madison.
- Gainesville Division shall be composed of the following counties: Alachua, Lafayette, Dixie, Gilchrist, and Levy.
- Commencement of a Case. Cases shall be commenced in any Division in which the domicile, residence, principal place of business, or principal assets of the person or entity that is the subject of such case have been located for the 180 days immediately preceding such commencement, or for a longer portion of the 180 day period that the domicile, residence, principal place of business or principal assets of such person were located in any other Division; or in which there is pending a case under the Bankruptcy Code concerning such person’s affiliate.
- Improperly Filed Cases. If a case is filed in a Division other than as provided for in paragraph (B) above, the Court on its own, or on motion of any interested party, may order that the case be transferred to the proper Division. The attorney for the debtor, or Clerk of Court if the debtor is self-represented, shall provide notice to all parties of record of the transfer if the case was filed other than as provided for in paragraph (B) above.
- Cases Transferred Within This District. A party that wishes a case to be transferred to a different Division within this district shall file a motion with, or within twenty-one (21) days of, the initial filing. A case will not be transferred absent a court order. The moving party, or Clerk of Court if the moving party is self-represented, shall provide notice to all parties of record of the transfer if the motion is granted by the court.
- Cases Transferred to This District. Cases or proceedings transferred to this District from another District shall be assigned to a Division in the following manner:
- If the debtor is an individual, to the Division where any debtor lives, as opposed to the debtor’s mailing address, according to the petition; or
- If the debtor is a non-individual, to the division that the petition indicates is the location of the debtor’s principal assets, if different from its principal place of business.
Advisory Committee Notes
The amended rule includes both stylistic and substantive changes. The format of subdivisions is changed to maintain a consistent style across all rules. Rather than incorporating the applicable district rule by reference, as did the old rule, the amended rule creates a self-contained parallel of the district rule, altered as appropriate to a bankruptcy case under the standards of 28 U.S.C. § 1408. Subdivision (E) is amended to remove quoted descriptions of the living address and location of principal assets, which appear to have been consistent with prior forms. The revised language is consistent with current forms but is written without quotation in the event such forms change.