(a)

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

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Middle District of Florida

Rule: 1001-3

Jurisdiction: MDFLB

Bluebook Citation: Bankr. M.D. Fla. R. 1001-3

Application of Rule. In compliance with the policy of the Judicial Conference of the United States, and the E-Government Act of 2002, parties shall not include, or shall partially redact where inclusion is necessary, the following Personal Data Identifiers from papers filed with the Court, including exhibits thereto, whether filed electronically or in paper, unless otherwise ordered by the Court or required by statute, the Federal Rules of Bankruptcy Procedure, or the Official Forms. This rule applies to: Social Security Numbers. If an individual’s Social Security number must be included in a paper filed with the Court, only the last four digits of that number shall be used.

(1) (2) Names of Minor Children. If the involvement of a minor child must be mentioned, only the initials of that child shall be used. (3) Dates of Birth. If an individual’s date of birth must be included in a paper filed with the Court, only the year shall be used.

(4) Financial Account Numbers. If financial account numbers are relevant, only the last four digits of these numbers shall be used. (b) Responsibility. The responsibility for redacting these Personal Data Identifiers rests solely with counsel and the parties.

The Clerk will not review papers for compliance with this rule. (c) Unredacted Papers Containing Personal Data Identifiers May Be Filed Under Seal. In compliance with the E-Government Act of 2002, papers containing Personal Data Identifiers that are relevant to the case may be filed in unredacted form under seal pursuant to Local Rule 5005-4. The filer shall also file a redacted copy via CM/ECF. _______________________ Notes of Advisory Committee 2017 Amendment This amendment provides that parties wishing to file papers that include Personal Data Identifiers that are relevant to the case may file a motion for leave to file the papers under seal.

This amendment to the rule is effective July 1, 2017. 2015 Amendment The revisions to this rule are primarily stylistic. This amendment to the rule is effective July 1, 2015. 2004 Amendment This amendment serves as guidance for implementing the Judicial Conference Privacy Policy and the E-Government Act of 2002.

PART I. COMMENCEMENT OF CASE; PROCEEDINGS RELATING TO PETITION AND ORDER FOR RELIEF 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 (a) Filing of a Petition by a Court-Appointed Representative. If a bankruptcy petition is filed on a debtor’s behalf by a representative, such as a guardian or conservator, appointed by a court of competent jurisdiction before the filing of the petition, a copy of the appointment instrument shall be filed with the petition. (b) Filing of a Voluntary Petition by the Holder of a Power of Attorney, Proposed Guardian Ad Litem, or Proposed Next Friend. (1) Declaration Required.

Petitions filed by the holder of a power of attorney, proposed guardian ad litem, or proposed next friend (“Filing Party”) shall be accompanied by a copy of the power of attorney, if any, and the Filing Party’s declaration under penalty of perjury (“Declaration”). The Filing Party shall serve a copy of the petition and the Declaration on the debtor, all creditors, the U.S. Trustee, any governmental entity from which the debtor is receiving funds, and the debtor’s closest relative, if known. (2) Contents of Declaration. The Declaration shall include the following information: (A) the reason for filing the bankruptcy petition; (B) the Filing Party’s name, address, and relationship to the debtor; nonbankruptcy law before the petition was filed; (C) whether a representative was appointed for the debtor under if applicable, whether the power of attorney expressly authorizes the filing of a bankruptcy petition, and whether the debtor was a minor or has been adjudicated an incompetent person prior to the date of the power of attorney; (D) if applicable, why appointment of the Filing Party as next friend or guardian ad litem is necessary, including the reasons why the debtor is unable to file the petition himself or herself or otherwise unable to manage his or her financial affairs; (E) debtor’s best interest; (F) if applicable, why appointment of the Filing Party would be in the serving as next friend or guardian ad litem; (G) the fee, if any, that the Filing Party would charge the debtor for (H) the Filing Party’s professional and criminal history, if any; affairs, including the Filing Party’s knowledge of the debtor’s financial affairs; (I) the Filing Party’s competence to handle the debtor’s financial in the debtor’s financial affairs; and (J) whether the Filing Party has any current or potential future interest the Filing Party.

(K) whether any of the debtor’s debts were incurred for the benefit of (3) Required Documents. If appointment as guardian ad litem or next friend is sought on behalf of an incompetent person, the Declaration shall be accompanied by the following documents: (A) a letter from the debtor’s physician regarding the debtor’s ability to conduct the debtor’s own financial affairs that may be filed under seal as set forth in Local Rule 5005-4; and (B) Filing Party the authority to act for the debtor. a copy of any power of attorney or other document giving the (4) Status Conference Regarding Filing Party’s Authority and Appointment of Guardian Ad Litem or Next Friend. If a bankruptcy petition is filed on the debtor’s behalf by the holder of a power of attorney, proposed guardian ad litem, or proposed next friend, the Court may schedule a status conference to consider the following: the Filing Party’s authority to file the case on the debtor’s behalf and, if applicable, the appointment of the Filing Party as the debtor’s guardian ad litem or next friend; and (A) (B) requirements of this rule. dismissal of the case if the Filing Party has not complied with the (5) Waiver of Credit Counseling Requirement Under 11 U.S.C. § 109(h). Regardless of when the debtor becomes incapacitated, the debtor may be excused from the requirement to receive credit counseling under 11 U.S.C. § 109(h) upon motion by the Filing Party.

(c) Subsequent Incapacitation. Should the debtor become incapacitated at any time after the filing of the Petition, the holder of a power of attorney, proposed guardian ad litem, or proposed next friend shall follow the procedures as outlined in section (b) above before any subsequent filing or requirement on behalf of the debtor. _______________________ Notes of Advisory Committee 2022 Amendment 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. This amendment to the rule is effective July 1, 2022.

2021 Amendment This amendment renumbers the rule to be consistent with Fed. R. Bankr. P. 1004.1 (Petition for Infant or Incompetent Person). Section (b)(4) is revised to state that the Court “may” (as opposed to “will”) schedule a status conference. This amendment to the rule is effective August 1, 2021. 2019 Amendment This amendment provides a single procedure for petitions filed by the holder of a power of attorney or proposed guardian ad litem/next friend.

The amended rule more clearly lists the information to be included in the required supporting declaration and the documents to be filed. In all cases, the Court will schedule a status conference to consider the filing party’s authority to file the case on the debtor’s behalf and the dismissal of the case if the listed requirements are not met. This amendment to the rule is effective July 1, 2019. 2017 This rule establishes procedures for the filing of voluntary petitions by court-appointed representatives, holders of powers of attorney, guardians ad litem, and next friends.

The rule specifies the information and documents that must be filed in support of a motion or in response to an order to show cause. This new rule is effective July 1, 2017. Rule 1007-1 LISTS, SCHEDULES, STATEMENTS, AND OTHER REQUIRED DOCUMENTS (a) Requirements at Commencement of Case. The following shall be submitted at the commencement of a case for relief: (1) Chapter 7, 9, 13, or 12.

The petition and a list of creditors or a master mailing matrix, in accordance with Local Rule 1007-2. (2) Chapter 11. The petition, a list of creditors or a master mailing matrix, a list of equity security holders, and a list of creditors holding the twenty largest unsecured claims, in accordance with Local Rule 1007-2. (3) All Chapters.

Individual debtors are required to file the Statement About Your Social Security Numbers form signed under penalty of perjury by the individual debtor. In cases filed by Electronic Filing Users, the Electronic Filing User shall maintain the original Statement About Your Social Security Numbers for a period of four years after closing the case. Failure to submit the Statement About Your Social Security Numbers may lead to dismissal of the case. (b) Payment Advices Not Filed with the Court Unless Ordered.

Copies of payment advices or other evidence of payment (“Payment Advices”) shall not be filed with the Court unless otherwise ordered. Pursuant to 11 U.S.C. § 521(a)(1)(B)(iv) and Fed. R. Bankr. P. 1007(b)(1)(E), unless the Court orders otherwise, the debtor is required to file with the Court copies of all Payment Advices or other evidence of payment received within 60 days before the date of the filing of the petition by the debtor from any employer of the debtor. The purpose of this requirement is accomplished by requiring that Payment Advices be provided to the United States Trustee, the trustee, or any creditor requesting copies. Additionally, privacy concerns are accommodated by not requiring the filing of the Payment Advices.

(c) Requirement to Provide Payment Advices to the Trustee. The debtor shall provide Payment Advices to the trustee and, if requested, to the United States Trustee, and to any creditor who timely requests copies of the Payment Advices, at least seven days before the time of the meeting of creditors conducted pursuant to 11 U.S.C. § 341. To be considered timely, a creditor’s request must be received at least 14 days before the first date set for the meeting of creditors. _______________________ Notes of Advisory Committee 2019 Amendment This rule is revised to update the name of the Official Form “Statement of Social Security Number” to the Official Form’s new name “Statement About Your Social Security Numbers.” This amendment to the rule is effective July 1, 2019. 2013 Amendment This amendment specifies that a list of creditors or a master mailing matrix must be filed with bankruptcy petitions.

Local Rule 1007-2 provides that debtors who are not represented by an attorney must submit a master mailing matrix with their petition. This amendment to the rule is effective July 1, 2013. 2012 Amendment This amendment incorporates archived Administrative Orders FLMB-2010-1 and JAX-2006- 1 “Orders on Filing Payment Advices Pursuant to 11 U.S.C. § 521(a)(1)(B)(iv).” The amendment exercises the Court’s discretion provided by Section 521(a)(1)(B)(iv) and Fed. R. Bankr. P. 1007(b)(1)(E) to waive the requirement of filing Payment Advices with the Court. In doing so, the Court recognizes that the underlying purpose of these provisions is accomplished by requiring that Payment Advices be provided to the United States Trustee, the trustee, or any creditor requesting copies.

Additionally, privacy concerns are addressed by avoiding filing Payment Advices in the public record. The addition of headings and subheadings is a stylistic rather than substantive change. This amendment to the rule is effective March 15, 2012. 2004 Amendment This amendment deletes the requirement to submit additional paper copies of petitions, schedules, or creditor lists.

Those copies, which were distributed to case trustees, Internal Revenue Service, Securities and Exchange, or to the United States Trustee, will now be accessible on the Court’s Electronic Filing System. It also deletes the requirement for an individual debtor not represented by an attorney to file a statement of assistance received in connection with the filing of the case. Fed. R. Bankr. P. 2016(c) requires every bankruptcy petition preparer to file a declaration under penalty of perjury disclosing any fee received from or on behalf of the debtor in compliance with Section 110(h)(1). Further, in compliance with the Judicial Conference’s policy on privacy, the rule requires the debtor’s social security number be “submitted” to the court, rather than “filed.” An Electronic Filing User is responsible for submitting the Statement of Social Security Number containing an image of the debtor’s original signature as a separate non-viewable entry in CM/ECF and for submitting the debtor’s full social security number during the case filing or case upload process.

1997 Amendment This amendment conforms the existing Local Rules to the uniform numbering system prescribed by the Judicial Conference of the United States and to the model system suggested and approved by the Advisory Committee on Bankruptcy Rules of the Judicial Conference’s Committee on Rules of Practice and Procedure. In renumbering the Local Rules to conform to the uniform numbering system, no change in substance is intended. This amendment to the rule was effective on April 15, 1997. Paragraph (a) of this rule was formerly Local Rule 2.04(g).

Paragraph (b) of this rule was formerly Local Rule 2.04(c). The Advisory Committee Notes to the superseded rules may be helpful in interpreting and applying the current rules. 1995 Amendment New subparagraph (c) to Local Rule 2.04 adds a requirement that individuals in bankruptcy cases who are not represented by an attorney are required to file with the petition an executed statement of assistance received in connection with the filing of the case in a form available from the Clerk’s Office. These amendments to the rule were effective on February 15, 1995.

Rule 1007-2 MAILING - LIST OR MATRIX (a) Master Mailing Matrix. (1) Debtors Not Represented by Counsel. A debtor who is not represented by an attorney must submit a master mailing matrix with the bankruptcy petition. The matrix shall include the names and complete mailing addresses of all creditors and any general partners of the debtor; it shall not include the names or addresses of the debtor, any joint debtor, or the United States Trustee.

In addition, the matrix shall be provided to the Clerk in a computer-readable format as published on the Court’s website, www.flmb.uscourts.gov. In the event a pro se debtor is unable to provide the matrix in computer-readable format, the debtor shall follow such directions as the Clerk may reasonably give to facilitate conversion of the matrix into computer- readable format. (2) Debtors Represented by Counsel. When filing a bankruptcy petition, the attorney representing the debtors shall upload the names and addresses of the debtor’s creditors via CM/ECF.

(b) Chapter 11 Local Rule 1007-2 Parties in Interest List. In Chapter 11 cases, the Clerk shall maintain the list of creditors holding the 20 largest unsecured claims filed by the debtor pursuant to Fed. R. Bankr. P. 1007(d) and shall designate this list as the “Local Rule 1007-2 Parties in Interest List” in CM/ECF. Upon appointment of a committee of unsecured creditors, the Clerk shall add the names and addresses of the committee members, counsel for the committee, if any, and authorized agents of the committee, if any, to the Local Rule 1007-2 Parties in Interest List and shall remove the names and addresses of the creditors holding the 20 largest unsecured claims. The Clerk shall also add to this list the names and addresses of parties who have filed requests for notice pursuant to Local Rule 2002-1(f).

(c) Equity Security Holders Mailing Matrix. In Chapter 11 cases in which there are equity security holders (except publicly traded equity securities), the Clerk shall maintain the list of equity security holders filed by the debtor pursuant to Fed. R. Bankr. P. 1007(a)(3) in CM/ECF and shall designate this list as the “Equity Security Holders Matrix.” _______________________ Notes of Advisory Committee 2019 Amendment This amendment revises sections (a)(1) and (a)(2) to clarify that attorneys representing debtors are required to upload a list of creditors via CM/ECF. This amendment to the rule is effective July 1, 2019. 2013 Amendment This amendment clarifies that only debtors not represented by an attorney are required to file a master mailing matrix with their petitions.

Attorneys are required to file petitions electronically via CM/ECF. The computer software and CM/ECF system generate the required matrixes. This amendment to the rule is effective July 1, 2013. 2004 Amendment This amendment removes the requirement for Electronic Filing Users to file matrices in paper or on computer diskettes because Electronic Filing Users are able to file matrices directly into CM/ECF.

1997 Amendment This amendment conforms the existing Local Rules to the uniform numbering system prescribed by the Judicial Conference of the United States and to the model system suggested and approved by the Advisory Committee on Bankruptcy Rules of the Judicial Conference’s Committee on Rules of Practice and Procedure. In renumbering the Local Rules to conform to the uniform numbering system, no change in substance is intended. This amendment to the rule was effective on April 15, 1997. Paragraphs (a) and (b) of this rule were formerly paragraphs (e) and (f) of Local Rule 2.04.

The Advisory Committee Notes to the superseded rules may be helpful in interpreting and applying the current rules. 1995 Amendment Local Rule 2.04(e) (1) has been amended to require that in any case in which the number of creditors exceeds fifty (50), the master mailing matrix shall be provided in a computer- readable format designated and published from time to time by the Clerk. In all other cases, the master mailing matrix may be provided in either the computer-readable format or on an Avery Label 5351, 33 block, or similar product as may be from time to time designated and published by the Clerk. Local Rule 2.04 (e)(3) has been amended to provide, consistent with current practice, that upon appointment of a committee, the Clerk shall add to the mailing matrix the names and addresses of the committee members, counsel for the committee, and any authorized agents of the committee, and shall delete therefrom the names and addresses of the creditors holding the twenty (20) largest unsecured claims.

These amendments to the rule were effective on February 15, 1995. Rule 1009-1 AMENDMENTS TO LISTS & SCHEDULES (a) Applicability of Rule. This rule applies to amendments to schedules, petitions, lists, matrices, Statements About Your Social Security Numbers, and Statements of Financial Affairs. (b) Content of Amendments.

Amendments shall contain a caption including the case number and the title and shall be marked “Amended.” Amendments to Schedule A or Schedule B shall set forth all of the debtor’s real and personal property and shall state both the assets added and the assets deleted in the amendment. Amendments to Schedule C shall set forth all exemptions claimed by the debtor. Amendments to Schedules D, E, F, G and H shall set forth additional, new information, i.e., additional creditors, or deleted information. (c) Execution and Verification.

Amendments shall be executed and verified under penalty of perjury by the debtor and attorney of record in the same manner that the item being amended was originally executed. (d) Amendments Adding Ten or More Creditors. Amendments that add ten or more creditors shall comply with the provisions of Local Rule 1007-2(a) regarding the debtor’s obligation to provide the Clerk with a list of creditors. (e) Service of Amendments.

The debtor shall serve notice of amended schedules or lists of creditors to any persons or entities affected thereby and shall file a proof of service in accordance with the provisions of Local Rule 9013-3. If the debtor files an amendment to add previously unscheduled creditors, the debtor shall serve the newly added creditors with a copy of the Notice of Bankruptcy Case, that displays the debtor’s complete Social Security number, the Notice of Deadline to File Proof of Claim, if any, and in Chapter 13 cases, a copy of the most recently filed Chapter 13 plan and, if applicable, a copy of the Order Confirming Plan. (f) Amendments to Statement About Your Social Security Numbers. In compliance with the policy of the United States Judicial Conference to protect Personal Data Identifiers, any amendment to a debtor’s Statement About Your Social Security Numbers form will be filed on the docket as a restricted entry.

The debtor/debtor’s attorney shall (1) serve a copy of the amended statement on all parties who were served with the Notice of Bankruptcy Case, and (2) file a proof of service with the Clerk. Electronic Filing Users shall maintain the original signed and verified amended statement setting out the debtor’s full Social Security number for a period of four years after the case is closed. (g) Filing Fees. Amendments to the debtor’s schedules, lists of creditors, matrix, or mailing list require the prescribed filing fee unless the nature of the amendment is to change the address of a creditor or an attorney listed for a creditor. ______________________________ Notes of Advisory Committee 2019 Amendment This amendment revises section (d) of the rule to reflect the debtor’s obligation to provide a list of creditors (master mailing matrix or CM/ECF upload) if an amendment to the debtor’s schedules adds more than ten new creditors.

Section (e) is revised to update the name of the “Notice of Commencement of Bankruptcy Case, Meeting of Creditors, & Deadlines” form to the form’s new name “Notice of Bankruptcy Case.” Section (e) is also revised to require service to newly added creditors of a copy of the Notice of Bankruptcy Case that includes the debtor’s full Social Security number and of the Order Confirming Plan (if applicable). In addition, sections (a) and (f) are revised to update the name of the Official Form “Statement of Social Security Number” to the Official Form’s new name “Statement About Your Social Security Numbers.” This amendment to the rule is effective July 1, 2019. 2015 Amendment Amended section (e) requires service of the Notice of Deadline to File Proof of Claim, if any, upon newly added creditors in Schedules D, E, and F. This amendment to the rule is effective July 1, 2015. 2013 Amendment This amendment requires that amendments to bankruptcy schedules indicate the information that has been added and/or deleted.

This amendment to the rule is effective July 1, 2013. 2004 Amendment This amendment to the Local Rule above, as with similar amendments removes the requirement to submit additional paper copies of documents because those parties requiring copies will have access to these documents under CM/ECF. It also adds instructions for filing an amendment to the debtor’s Statement of Social Security Number. Further, it clarifies when a filing fee is due with an amendment.

1997 Amendment This amendment conforms the existing Local Rules to the uniform numbering system prescribed by the Judicial Conference of the United States and to the model system suggested and approved by the Advisory Committee on Bankruptcy Rules of the Judicial Conference’s Committee on Rules of Practice and Procedure. In renumbering the Local Rules to conform to the uniform numbering system, no change in substance is intended. This amendment to the rule was effective on April 15, 1997. This rule was formerly Local Rule 2.06.

The Advisory Committee Notes to the superseded rules may be helpful in interpreting and applying the current rules. 1995 Amendment This rule is amended to substitute the term “proof of service” for “certificate of service” as required by amended Rule 2.19(a). The other amendment to Local Rule 2.06(d) is stylistic. No substantive change is intended.

These amendments to the rule were effective on February 15, 1995. Rule 1015-1 JOINT ADMINISTRATION OF CASES (a) Joint Voluntary Petition by Married Couple. If a married couple files a joint voluntary petition, the trustee shall administer the estates jointly without order of the Court. If the trustee, a debtor, or any other party in interest desires that the trustee administer the estates separately, that party may move for an order of separate administration.

(b) Joint Administration Generally. Except in the case of a joint voluntary petition by a married couple, a party seeking joint administration shall file a motion for joint administration. A motion for joint administration filed in a Chapter 11 case may be considered with or without a hearing at the Court’s discretion. (c) Manner of Joint Administration.

Jointly administered cases shall be administered as follows: (1) Designation of Lead Case. The earliest filed case assigned to a judge shall be designated in the joint administration order as the “Lead Case,” except as otherwise ordered by the Court. (2) Captions. All papers shall be captioned with the name and case number of the Lead Case followed by the words “Jointly Administered with” beneath the case number and shall include the case names and numbers of each of the jointly administered cases, unless otherwise ordered.

However, a proof of claim shall indicate only the case name and number of the case in which the claim is filed. The caption shall not use the word “Consolidated” to refer to joint administration. UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA DIVISION In re: ABC Company, Inc., Chapter 11 Case No. 8:19-bk-00001-XXX Jointly Administered with ABC Holding Co. Case No. 8:19-bk-00002-XXX ABC Operating Co. Case No. 8:19-bk-00003-XXX Debtors. _________________/ (3) Docket. After the entry of the order for joint administration, unless otherwise ordered by the Court, a single case docket shall be maintained under the case number of the Lead Case except as follows: Bankr. P. 1007(d) shall be filed in each of the jointly administered cases.

(A) Lists of Creditors. Separate lists of creditors pursuant to Fed. R. (B) Schedules and Statements of Financial Affairs. Separate schedules and Statements of Financial Affairs and any amendments thereto shall be filed in each of the jointly administered cases. (C) Claims.

Creditors shall file separate proofs of claim in each of the jointly administered cases in which a creditor asserts a claim, and the Clerk shall maintain separate claims registers for each of the jointly administered cases. Notices of transfers of claims shall be filed in the case in which the proof of claim was filed. However, objections to claims shall be filed in the Lead Case and shall specify the jointly administered case to which the objection applies. (D) Monthly Operating Reports.

In Chapter 11 cases, separate Monthly Operating Reports shall be prepared for each of the jointly administered cases. However, the Monthly Operating Reports shall be filed in the Lead Case. debtors file separate plans, ballots shall be filed in each of the jointly administered cases. (E) Ballots. In Chapter 11 cases in which the jointly administered (F) Motions for Final Decree.

In Chapter 11 cases, separate motions for final decree shall be filed and the Court shall enter final decrees in each of the jointly administered cases. (d) Severance of Jointly Administered Cases. The debtor, the trustee, or any other party in interest may move to sever the joint administration at any time. _______________________ Notes of Advisory Committee 2019 Amendment This amendment revises section (c)(3) to designate the types of papers that are required to be filed in the designated Lead Case and in the individual jointly administered cases. This amendment to the rule is effective July 1, 2019.

2016 Amendment Sections (a) and (b) of this Local Rule are amended to clarify that a joint petition by a married couple must be a voluntary petition. 2013 Amendment This amendment clarifies the requirement that Monthly Operating Reports be filed in the Lead Case and adds section (d) to permit the severance of jointly administered cases. This amendment to the rule is effective July 1, 2013. 2012 Amendment This amendment establishes procedures for the joint administration of estates of persons other than married petitioners.

The term “husband and wife” has been changed to “married couple.” The addition of headings and subheadings is a stylistic rather than substantive change. This amendment to the rule is effective March 15, 2012. 1997 Amendment This amendment conforms the existing Local Rules to the uniform numbering system prescribed by the Judicial Conference of the United States and to the model system suggested and approved by the Advisory Committee on Bankruptcy Rules of the Judicial Conference’s Committee on Rules of Practice and Procedure. In renumbering the Local Rules to conform to the uniform numbering system, no change in substance is intended.

This amendment to the rule was effective on April 15, 1997. This rule was formerly Local Rule 2.05. The Advisory Committee Notes to the superseded rules may be helpful in interpreting and applying the current rules. 1995 Amendment New subparagraph (c) to Local Rule 2.04 adds a requirement that individuals in bankruptcy cases who are not represented by an attorney are required to file with the petition an executed statement of assistance received in connection with the filing of the case in a form available from the Clerk’s Office.

These amendments to the rule were effective on February 15, 1995. Rule 1071-1 DIVISIONS - BANKRUPTCY COURT (a) Middle District of Florida. The Middle District of Florida is comprised of the counties designated in 28 U.S.C. § 89. (b) Divisions.

The Middle District is divided into four Divisions: (1) Jacksonville Division. The Jacksonville Division is comprised of the following counties: Baker, Bradford, Citrus, Clay, Columbia, Duval, Flagler, Hamilton, Marion, Nassau, Putnam, St. Johns, Sumter, Suwannee, and Union. The Court will conduct hearings in Jacksonville. (2) Orlando Division.

The Orlando Division is comprised of the following counties: Brevard, Lake, Orange, Osceola, Seminole, and Volusia. The Court will conduct hearings in Orlando. (3) Tampa Division. The Tampa Division is comprised of the following counties: Hardee, Hernando, Hillsborough, Manatee, Pasco, Pinellas, Polk, and Sarasota.

The Court will conduct hearings in Tampa. (4) Fort Myers Division. The Fort Myers Division is comprised of the following counties: Charlotte, Collier, DeSoto, Glades, Hendry, and Lee. The Court will conduct hearings in Fort Myers or as determined by the presiding judge.

(c) Appropriate Division. A petition commencing a bankruptcy case must be filed in the appropriate Division. The appropriate Division is the Division: (1) in which the debtor’s domicile, residence, principal place of business, or principal assets (A) were located for the 180 days immediately preceding the filing of the petition, or (B) for a longer portion of the 180-day period than in another Division; or (2) in which there is a pending case under the Bankruptcy Code concerning such person’s affiliate, general partner, or partnership. (d) Transfer of Case to a Different Division.

Upon motion of any party in interest or the Court’s own motion, the Court may order that the case be transferred to a different Division if the Court determines that the transfer is in the interest of justice or for the convenience of the parties. _______________________ Notes of Advisory Committee 2025 Amendment This amendment revises section (c) to clarify that the Court does not assign cases to Divisions. Instead, it is the responsibility of the debtor or petitioning creditors to file a petition in the appropriate Division. Other changes are stylistic. This amendment to the rule is effective August 15, 2025.

2021 Amendment This amendment revises section (c) on division assignments to mirror the language of 28 U.S.C. § 1408 regarding venue. This amendment to the rule is effective August 1, 2021. 2014 Amendment This amendment changes the assignment of Volusia County from the Jacksonville Division to the Orlando Division so as to be consistent with the designation of Divisions of the United States District Court for the Middle District of Florida. Section (c) clarifies the Court’s procedure of assigning cases to the appropriate division based upon the information set forth on the bankruptcy petition.

This amendment to the rule is effective August 1, 2014. 1997 Amendment This amendment conforms the existing Local Rules to the uniform numbering system prescribed by the Judicial Conference of the United States and to the model system suggested and approved by the Advisory Committee on Bankruptcy Rules of the Judicial Conference’s Committee on Rules of Practice and Procedure. In renumbering the Local Rules to conform to the uniform numbering system, no change in substance is intended. This amendment to the rule was effective on April 15, 1997.

This rule was formerly Local Rule 1.03. The Advisory Committee Notes to the superseded rules may be helpful in interpreting and applying the current rules. 1995 Amendment This amendment abolishes the Ocala Division as a separate, freestanding division of the Court and reassigns to the Jacksonville Divisions the counties that presently comprise the Ocala Division. Because of the lack of facilities available to the Court in Ocala, bankruptcy court has not been conducted in Ocala for some considerable period of time.

For this reason, cases from counties comprising the Ocala Division have been treated by the Court as filed in and assigned to the Jacksonville Division. In March 1994, the Judicial Conference of the United States deleted Ocala from the List of approved places for holding bankruptcy court. This amendment, therefore, merely conforms the Local Rules to existing practice. These amendments to the rule were effective on February 15, 1995.

Rule 1073-1 ASSIGNMENT OF CASES (a) Initial Assignment of Cases - General. In a Division with two or more resident judges, the Clerk shall assign cases to an individual judge using a blind draw system to ensure the random assignment of cases or as directed by the Chief Judge. Neither the Clerk nor any member of the Clerk’s staff shall have any power or discretion in determining the judge to whom any case is assigned. This method of assignment is designed to prevent anyone from choosing the judge to whom a case is to be assigned, and all persons shall conscientiously refrain from attempting to circumvent this rule.

(b) Initial Assignment of Cases Special Provisions. Notwithstanding any provision of section (a) to the contrary, (1) cases filed only under a certain chapter or chapters of the Bankruptcy Code may be assigned to a particular judge as the Court may from time to time direct; (2) cases may be assigned to judges under the blind draw system in such proportions as the Court may from time to time direct; and (3) successive cases filed by or against the same debtor and multiple cases filed by or against related entities or affiliates shall be assigned to the judge assigned the first filed case if the successive cases are filed in the same Division as the first case. If a successive case is filed in a Division other than the Division in which the previous case was filed, any interested party may move to transfer venue to the original Division for assignment to the judge assigned to the first case. (c) Reassignment of Matters Due to Judge’s Temporary Unavailability.

When the judge to whom a case or proceeding has been assigned is temporarily unavailable due to illness, absence, or prolonged engagement in other judicial business, emergency applications and motions arising in the case or proceeding may be assigned to any other resident judge in the Division, generally to the judge who is junior in date of appointment in that Division. If no other judge is available in the Division, such applications or motions may be assigned to any other available judge in the District. (d) Reassignment of Cases and Proceedings Due to Disqualification or Recusal. If a judge is unable, because of the entry of an order of disqualification or recusal, to preside in a case or proceeding pending in - (1) a Division with more than two resident judges, the Clerk shall reassign the case or proceeding to another judge resident in that Division selected by utilization of a blind draw system; (2) a Division with two resident judges, the Clerk shall reassign the case or proceeding to the other judge resident in that Division; or (3) a Division with one resident judge, the Clerk shall reassign the case or proceeding to a judge in another Division as designated by the Chief Judge.

(e) Successive Reassignment of Cases and Proceedings Due to Disqualification or Recusal. If a successor judge who is reassigned a case or proceeding cannot preside because of the entry of an order of disqualification or recusal, the Clerk shall reassign the case or proceeding - (1) to another judge resident in that Division, if there is one who is able to preside (by utilization of a blind draw system if there is more than one remaining judge able to preside); or (2) to another judge selected by the Chief Judge if there is no other judge resident in that Division who is able to preside. (f) Reassignment of Cases and Proceedings for Other Reasons. (1) Nothing in this rule shall limit the authority of the Chief Judge under 28 U.S.C. § 154(b) to assign or reassign cases and proceedings as may be necessary to ensure that the business of the Court is handled effectively and expeditiously or of any judge to reassign cases and proceedings for other appropriate reasons, such as to equalize caseloads among judges, distribute cases to new judges, etc. (2) The judge to whom any case or proceeding is assigned may, at any time, reassign the case or proceeding to any other consenting judge for any limited purpose or for all further purposes. _____________________________ Notes of Advisory Committee 2015 Amendment This amendment clarifies that a successive case filed by or against a debtor will be assigned to the judge assigned to the previously filed case unless the successive case is filed in a different Division.

In that event, the case will not be reassigned to the Division of the previous case, but parties in interest may move for a transfer of venue to the original venue and assigned judge. The amendment also clarifies that the Chief Judge shall designate the judge to whom the Clerk shall assign Fort Myers cases. This amendment to the rule is effective July 1, 2015. 2004 Amendment This amendment clarifies that the Chief Judge will assign a judge resident in the Tampa Division to Ft.

Myers cases and deletes the requirement for a general standing order in the assignment of cases. 1997 Amendment This amendment conforms the existing Local Rules to the uniform numbering system prescribed by the Judicial Conference of the United States and to the model system suggested and approved by the Advisory Committee on Bankruptcy Rules of the Judicial Conference’s Committee on Rules of Practice and Procedure. In renumbering the Local Rules to conform to the uniform numbering system, no change in substance is intended. This amendment to the rule was effective on April 15, 1997.

This rule was formerly Local Rule 1.04. The Advisory Committee Notes to the superseded rules may be helpful in interpreting and applying the current rules. 1995 Amendment This amendment simply makes technical and grammatical changes necessary because of the abolition of the Ocala Division as contained in the amendment to Local Rule 1.03. These amendments to the rule were effective on February 15, 1995.

1993 Amendment This rule was substantially modified effective February 1, 1993, in anticipation of the arrival of new judges as a result of the expansion of the membership of the court that was authorized by the Congress. Rule 1074-1 CORPORATIONS AND OTHER NON-INDIVIDUAL PERSONS (a) Representation by Counsel. Corporations, partnerships, trusts, and other persons who are not individuals may appear and be heard only through counsel permitted to practice in the Court under Local Rule 2090-1. Subject to this general rule, agents of non-individual persons may attend meetings of creditors under 11 U.S.C. § 341(a) and may, with the Court’s permission, appear in connection with objections to claims and other limited matters.

(b) Voluntary Petition - Non-Individual Debtor. An attorney signing a voluntary bankruptcy petition for any non-individual debtor must file with the petition a certificate, resolution, or other applicable documentation demonstrating that the filing is authorized by the debtor. _______________________ Notes of Advisory Committee 2023 Amendment This amendment adds new section (b) requiring the filing of documentation stating that a non-individual debtor authorizes the filing of a bankruptcy petition. This amendment to the rule is effective August 1, 2023. 2015 Amendment This amendment incorporates the Court’s current practice permitting agents, such as employees or principals, of non-individual persons (e.g., corporations, limited liability companies, etc.) to attend meetings of creditors and, with the Court’s permission, other hearings on objections to claims and other limited matters.

This amendment to the rule is effective July 1, 2015. 1997 Amendment This amendment conforms the existing Local Rules to the uniform numbering system prescribed by the Judicial Conference of the United States and to the model system suggested and approved by the Advisory Committee on Bankruptcy Rules of the Judicial Conference’s Committee on Rules of Practice and Procedure. In renumbering the Local Rules to conform to the uniform numbering system, no change in substance is intended. This amendment to the rule was effective on April 15, 1997.

This rule was formerly Local Rule 1.08(d). The Advisory Committee Notes to the superseded rules may be helpful in interpreting and applying the current rules.

PART II.

OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS; EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS

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