Bankruptcy Judges for the Middle District of Florida Approve Local Rules Amendments

The Bankruptcy Judges of the Middle District of Florida, which includes Orlando, Tampa, and Jacksonville, have approved amendments to the Local Rules, effective July 1, 2022. The amendments, which apply (except as otherwise specified) in all bankruptcy cases including those under Chapter 7, Chapter 11 (including Subchapter V), and Chapter 13 include:

Rule 1001-2 Case Management and Electronic Filing System – CM/ECF

This amendment allows for service on debtor’s counsel under Fed. R. Bankr. P. 7004(g) to be

made electronically through CM/ECF.

Rule 1004-1.1 Petition – Filing on Debtor’s Behalf by a Court-Appointed Representative, Holder of Power of Attorney, Proposed Next Friend, or Guardian ad Litem

This amendment outlines a procedure for waiving the credit counseling requirement under 11

U.S.C. § 109(h) for an incapacitated person as well as a procedure in the event a debtor becomes

incapacitated after a petition is filed. This amendment also removes the limitation on a Filing

Party’s authority to act pending a status conference.

Rule 2004-1 Examination of Debtor and Others

This amendment adds a new section (h) that provides that the prevailing party may be awarded

expenses incurred in making or opposing motions to compel pursuant to Fed. R. Civ. P. 37(a)(5).

Rule 2016-1 Compensation of Professionals

This amendment modifies the rule to clarify that all fee applications may be served on negative

notice in accordance with Local Rule 2002-4. Subsection (c)(3)(C) is also amended to clarify the

procedure for final fee applications to be approved at confirmation in Chapter 11 cases.

Rule 4001-1 Automatic Stay

This amendment adds new subsection (c)(10) which deems use of the negative notice procedure

under Local Rule 2002-4 in connection with a request for relief from the automatic stay as an

acknowledged waiver of the timing requirements for hearings contained in 11 U.S.C. § 362(e).

Rule 5011-1 Withdrawal of Reference

This amendment revises section (a) to provide that the form, format, and length of any legal

memoranda should comply with the Local Rules of the District Court. Section (c) is revised to

provide that motions for withdrawal of the reference must be filed no later than 30 days after

service of the initial pleading or such other time period as ordered by the Court; the United States or an officer or agency thereof shall move for withdrawal of the reference no later than 35 days after service of the initial pleading or such other time period as ordered by the Court.

Rule 9072-1 Orders – Proposed

This amendment adds a provision to section (b) requiring that an agreed order should include

“Agreed” or “Consented” in the title. Section (d) is revised to remove the ability to submit an

agreed order signed by all parties without a prior filed motion.