The judges of the United States Bankruptcy
Court for the Middle District of Florida are considering proposed
amendments to the Local Rules. The proposals are posted below
for public comment commencing on March 5, 2014. The public comment
period ended on April 18, 2014. When promulgated by the judges,
the amended and new Local Rules will become effective on July
Case Management and Electronic Filing System – CM/ECF
The amendment revises section (e) to provide that claimants who
have filed or expect to file ten or more claims (reduced from
25) within a one-year period shall file their claims and claims-related
Negative Notice Procedure
The amendments revise the negative notice legend to add three
days for service to the response period and provide that orders
shall be submitted within three business days after the expiration
of the response period.
Examination of Debtor and Others
This proposed new rule is based upon the Southern District’s
Local Rule 2004-1 and incorporates suggestions by the Steering
Committee and the Local Rules Lawyers’ Advisory Committee.
The proposed rule permits the scheduling of an examination under
Rule 2004 on 21 days’ notice without requiring the filing
of a motion or entry of an order.
Compensation of Professionals
The amendment adds subsection (c)(2)(iv), requiring Court approval
for post confirmation professional fees and costs incurred in
connection with actions against third parties.
Attorneys – Admission to Practice
The amendment adds new section (d), which applies to attorneys
who become ineligible to practice law.
Chapter 11 – Confirmation
The amendment adds new section (a) regarding amendments to the
plan and new section (d), requiring confirmation orders to include
notice of the first scheduled post confirmation status conference
and the filing of post confirmation avoidance proceeding recovery
This proposed new rule incorporates current District-wide procedures
governing relief from the automatic stay, motions to confirm that
the automatic stay is not in effect, and motions to impose or
extend the automatic stay under 11 U.S.C. §§ 362(c)(3)
The amendment adds section (d)(2), which authorizes an attorney
to file a paper containing the electronic signature of another
party by attesting that the party has concurred in the filing
of the paper.
Orders – Proposed
This amendment clarifies the information to be included in proposed
orders submitted to the Courts, provides that orders on papers
served using the negative notice procedures of Local Rule 2002-4
shall be submitted after the expiration of the response period
and within three business days of the response period, changes
the time for submission of orders after hearings to three “business”
days, and establishes procedures for the submission of agreed
and amended orders.