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The information on this page is provided by volunteer attorneys as a public service.  While every attempt is made to ensure that information on this site is accurate and helpful, the CFBLA cannot and does not take any responsibility or hold any liability for the information contained herein. If you have a legal problem, the CFBLA recommends that you speak with an attorney.

 

Tuesday
Sep012015

Initially Issued Summons in Adversary Proceedings

From the U.S. Bankruptcy Court for the Middle District of Florida:

For many years, the Court has utilized an automated process to issue the initial summons in Adversary Proceedings. That process caused an html formatted summons to be issued immediately upon the filing of a complaint. The Court is making a change to the automated process. Beginning Tuesday, September 8, 2015, the automated process for issuing the summons will be delayed until the Clerk's Office staff has reviewed the complaint entry and party information for accuracy. In most instances, that review occurs either the day after the filing of the complaint or within a couple of days. The Clerk's Office will make every effort to process these expeditiously and request that you wait three business days before contacting our office for an unissued summons. This change is being made to reduce the need for requested alias summonses due to data entry errors that occurred during initial filing of the Adversary Proceeding.

Under this new process, the summons will be in a pdf format and will be attached to the document number assigned to the summons entry rather than through a link within the summons entry.

Tuesday
Sep012015

Administrative Order FLMB-2015-8: Amended Administrative Order Prescribing Procedures for Chapter 13 Cases

From the U.S. Bankruptcy Court for the Middle District of Florida:

After much work by the District's four Chapter 13 Trustees, the District's Steering Committee and the Judges of the Middle District of Florida, Administrative Order FLMB-2015-8 Prescribing Procedures for Chapter 13 Cases was entered on August 10, 2015. This order is posted on the Court's website and may also be view by clicking here.

The following is a list of changes occurring as a result of the new Administrative Order.

1.  Orders Establishing Duties of Trustee and Debtor currently entered on all new Orlando, Tampa, and Fort Myers Chapter 13 cases will no longer be entered beginning with cases filed on September 1, 2015.

2.  The Court will transition to using a new uniform District-wide Chapter 13 Confirmation Order over the next few weeks. A sample of the new order is attached here for your review.

3.  Orders Allowing and Disallowing Claims and Ordering Disbursements currently entered in Tampa and Fort Myers Chapter 13 cases, will no longer be entered upon the implementation of the new District-wide Chapter 13 Confirmation Order.

4.  A new District-wide Chapter 13 Model Plan is being implemented as of September 1, 2015. This is a required usage form. The new District-wide Model Chapter 13 Plan is posted on the Court's website and may also be viewed by clicking here.

5.  The Model Chapter 13 plan currently in use for Tampa and Fort Myers Chapter 13 cases will no longer be in use beginning with cases filed on September 1, 2015.

The Court very much appreciates the efforts by the Chapter 13 Trustees and the members of the District Steering Committee. 

Friday
Jul312015

Amended Administrative Order Supplementing Local Rule 9070-1 To Provide for the Submission of Exhibits in Electronically Stored Format

The Court recently issued Administrative Order FLMB-2015-6 supplementing Local Rule 9070-1 to address the use of electronically stored exhibits in evidentiary hearings and trials.  Please CLICK HERE for a copy of the Administrative Order.

Thursday
Jul162015

Amended Administrative Order Prescribing Procedures for Residential Mortgage Foreclosure Mediators Certification

The Court recently issued Administrative Order FLMB-2015-5 regarding how to become certified to mediate modifications of residential mortgages involved in foreclosure actions.  Please click HERE for a copy of the Administrative Order.

Tuesday
Jun022015

Lien Stripping in Chapter 7 Not Permitted - Bank of America v. Caulkett

On June 1, 2015, the Supreme Court of the United States issued its opinion in Bank of America v. Caulkett and rejected Eleventh Circuit precedent stemming from McNeal. Please click HERE for a copy of the opinion.  In its opinion, the Court applied its reasoning in Dewsnup to wholly unsecured mortgages, holding that, without overruling Dewnsup, its prior interpretation of section 506 requires no distinction between undersecured mortgages (strip down) and wholly unsecured mortgages (strip off). Accordingly, lien stripping in chapter 7 is not permitted by the Bankruptcy Code.