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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. 

Friday
May292015

Amended Administrative Order FLMB-2015-4

The Bankruptcy Court for the Middle District of Florida issued Amended Administrative Order FLMB-2015-4 effective June 1, 2015. In addition to the existing requirement that every unrepresented party, including debtors wishing to file a voluntary bankruptcy petition and petitioning creditors wishing to file an involuntary petition, provide acceptable photo identification those filers must include the required signatures on the petition at the time of filing. Additionally any individual filing a petition on behalf of an unrepresented party also must provide acceptable photo identification at the time of filing. Failure to supply acceptable photo identification or the required signatures will result in an immediate hearing before the Court to determine whether the Clerk should accept the papers.

To view the New Amended Administrative Order, click HERE.

Wednesday
May202015

Administrative Order FLMB-2015-3 / Prescribing Procedures for Filing Papers Under Seal

Please see the attached Administrative Order FLMB-2015-3 Prescribing Procedures for Filing Papers Under Seal.