(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: 2014-1

Jurisdiction: MDFLB

Bluebook Citation: Bankr. M.D. Fla. R. 2014-1

All Rules: Bankr. M.D. Fla. Local Bankruptcy Rules, complete index


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Declaration. An attorney seeking to be retained to represent a Chapter 7 trustee for a Consumer Protection Case must declare that he or she has listened to the debtor’s recorded § 341 meeting of creditors and has performed some additional investigation before seeking to be retained. The declaration may be included in the affidavit of disinterestedness required under Fed. R. Bankr. P. 2014(a) or in a separate document. The failure to include this declaration will result in disapproval of the application to employ special counsel, without prejudice.

For purposes of this rule, a Consumer Protection Case includes claims filed under the following (and similar) federal and state statutes: (1) Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq.; (2) Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227 et seq.; (3) Florida Consumer Collection Practices Act (“FCCPA”), Fla. Stat. § 559.55 et seq.; and (4) Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”), Fla. Stat. §§ 501.201-501.213. (b) Additional Investigation.

For purposes of the above declaration, additional investigation may be but is not limited to: (1) an interview with the debtor(s); (2) a letter to the creditor from the Chapter 7 trustee seeking call logs or other records that has gone unanswered for 14 days; (3) a review of the debtor’s telephone records; or (4) some other form of due diligence. (c) Limited Exceptions. If time does not permit additional diligence, for example due to the impending expiration of the statute of limitations, the attorney may so indicate in the declaration. If the nature of the additional diligence is protected by work-product privilege, special counsel also may so indicate and not disclose the nature of the diligence.

(d) Retroactive Appointment. Because the required additional investigation necessarily will be done before the application for employment is filed, the Court will entertain a retroactive application that reflects when the attorney’s work began; provided, the application references this rule and is otherwise filed within a reasonable amount of time after work has begun. (e) Multipurpose Appointments. If the purpose of retaining special counsel includes the pursuit of consumer protection claims, this rule will apply, even if other causes of actions are also to be pursued.

However, the additional disclosure requirements do not apply to the non- consumer protection claims. _______________________ Notes of Advisory Committee 2025 This new rule incorporates provisions of Administrative Order FLMB-2019-3 Governing Retention of Special Counsel in Consumer Protection Cases. The new rule supersedes and replaces the administrative order, and the administrative order will be archived. This new rule is effective August 15, 2025. Rule 2015-1 TRUSTEE EXPENDITURES (a) Chapter 7 Trustee’s Limited Authority to Expend Funds.

Chapter 7 trustees may incur and pay expenses directly related to the administration of the estate not to exceed $500 in the aggregate without order of the Court. The Trustee’s Final Report shall itemize all expenses incurred and paid during the administration of the estate and shall be subject to review by the Court. (b) Bank Servicing Fees. A trustee may pay bank servicing fees to the extent authorized by the Uniform Depository Agreement that exists between the bank used by the trustee as a depository for estate funds and the United States Trustee.

These fees may be assessed against the trustee’s bankruptcy accounts. (c) order of the Court. Court Filing Fees. A trustee may pay any unpaid filing fees to the Court without _______________________ Notes of Advisory Committee 2015 Amendment The amendment in section (c) authorizes Chapter 7 trustees to pay any unpaid filing fees from available funds in cases where the debtor is either not required to pay a filing fee or has failed to do so.

This amendment to the rule is effective July 1, 2015. 2012 This rule incorporates archived Administrative Order FLMB 2011-1 “Administrative Order Providing Limited Authority to Expend Funds,” which permitted Chapter 7 trustees to incur and pay routine expenses. It increases the amount permitted from $300 to $500 without order of the Court. It requires the Trustee’s Final Report to itemize all expenses incurred rather than the preliminary report, and permits the payment of bank servicing fees.

This new rule is effective March 15, 2012. Rule 2015-3 CHAPTER 7 TRUSTEES - NOTICE OF DISPOSITION OF RECORDS Except with respect to the disposal of patient records pursuant to 11 U.S.C. § 351, the trustee in Chapter 7 cases, in addition to complying with the applicable requirements of the United States Trustee’s Handbook for Chapter 7 Trustees, shall give 30 days’ written notice to the debtor, the debtor’s attorney, the Internal Revenue Service, and the United States Trustee prior to destroying any of the debtor’s books and records in the trustee’s possession. _______________________ Notes of Advisory Committee 2012 Amendment This amendment incorporates the addition of 11 U.S.C. § 351 by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub.

L. 109-8.

The amendment also clarifies the trustee’s duty to meet the requirements of the United States Trustee’s Handbook for Chapter 7 Trustees with respect to the destruction of books and records. 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 2.19(g). The Advisory Committee Notes to the superseded rules may be helpful in interpreting and applying the current rules. Rule 2016-1 COMPENSATION OF PROFESSIONALS (a) General.

Requests for compensation for professional services and reimbursement of expenses are governed by Fed. R. Bankr. P. 2016 and this rule. (b) Retainers. Professionals may apply prepetition and approved postpetition retainers in the ordinary course towards compensation for professional services and reimbursement of expenses without a separate order; however, professionals must fully disclose and account for all retainers in their Rule 2016 Disclosure Statement and in all subsequent applications for compensation. This rule does not relieve professionals from the obligation to file interim and/or final fee applications.

The Court may order disgorgement of applied fees and costs at any time. This rule does not preclude any challenge to the entitlement or the reasonableness of any retainer. (c) Applications for Compensation for Professional Services and Reimbursement of Expenses. Applications, whether interim or final, may be filed by negative notice in accordance with Local Rule 2002-4, except that the fee application does not need to be served with the notice, and the negative notice legend must be in the following form: NOTICE OF APPLICATION FOR COMPENSATION AND REIMBURSEMENT OF EXPENSES AND OPPORTUNITY TO OBJECT AND REQUEST FOR HEARING [Applicant], [role in case, e.g., counsel, accountant, broker] for [client, e.g., debtor, trustee, Official Committee of Unsecured Creditors] (“Applicant”) has filed an application for compensation in the amount of $_____ and reimbursement of expenses in the amount of $_____ (the “Application”).

A copy of the Application may be viewed on the case docket or may be obtained by request to Applicant at [telephone number] or [email address]. If you object to the Application, you must file an objection with the Clerk of Court at [address] within 21 days from the date of the proof of service below, plus an additional three days if this notice was served on any party by U.S. Mail. If you file and serve an objection within the time permitted, the Court will either (1) notify you of a hearing date, or (2) consider the Application and objection and approve or disapprove the Application without a hearing. If you do not file an objection within the time permitted, the Court will consider that you do not oppose the Application, and the Court will consider the Application without further notice or hearing.

(1) Chapter 7 Cases. (A) Except as provided for in Local Rule 2015-1, professionals employed by a Chapter 7 trustee must file final applications for fees and expenses incurred during a Chapter 7 case upon completion of services or upon notification by the trustee that the case is ready to close. (B) In cases that have been converted to Chapter 7, all final applications of professionals for fees and expenses incurred in the case prior to conversion must be filed within 90 days after entry of the order converting the case. amounts requested and a detailed itemization of the work performed including: (C) All applications, whether interim or final, must contain the (i) the name of the individual performing the work; (ii) the amount of time expended for each item of work; (iii) the hourly rate requested; (iv) the date of employment; compensation to be awarded; (v) a discussion of the criteria that are relevant in determining the (vi) a detail of reimbursable costs; and (vii) a verification stating that the fees and costs for which reimbursement is sought are reasonable for the work performed, and that the application is true and accurate. (2) Chapter 11 Cases.

(A) General Information Requirements. Applications for interim or final compensation of less than $5,000 must conform to the requirements of section (c)(1)(C) of this rule. Applications for compensation that exceed $5,000 in the aggregate must also contain the information set forth below unless ordered otherwise. Application Summary available on the Court’s website, www.flmb.uscourts.gov.

(i) The first page of the application must be the Chapter 11 Fee (ii) Time must be itemized by project category. Examples of project categories include General Case Administration, Asset Sales, Claims Administration and Objections, Fee Applications and Objections, Cash Collateral, Relief from Stay Proceedings, Avoidance Actions, Plan and Disclosure Statement, and Valuation. (iii) The narrative portion of the application must provide information by project category as to the types of services performed, the necessity for performing the services, the results obtained, the benefit to the estate, and other information that is not apparent from the activity descriptions or that the applicant wishes to bring to the attention of the Court. In addition, the narrative portion of the application may describe special employment terms, billing policies, expense policies, voluntary reductions, reasons for the use of multiple professionals for a particular activity, or reasons for substantial time billed relating to a specific activity.

(iv) All applications must include complete and detailed activity descriptions billed in tenths of an hour (six minutes). Each activity description must include the type of activity (e.g., phone call, research) and the subject matter (e.g., cash collateral motion, § 341 meeting, etc.). Activity descriptions may not be lumped - each activity must have a separate description and time allotment. (B) Applications to Permit Monthly Payment of Interim Fee Applications.

In Chapter 11 cases, upon motion and after notice and hearing, the Court may consider the approval of procedures for monthly payment of interim fee applications for professionals based on the needs of the case. (C) Final Applications. To be considered at the confirmation hearing, a professional fee application must be filed 14 days prior to the confirmation hearing unless ordered otherwise. The Court will not consider any application for compensation unless all creditors receive at least seven days’ notice of the hearing.

The notice of hearing must, at a minimum, identify the applicant and the amounts requested. A final application may include an estimate of the amount of additional fees and costs to be incurred through confirmation. If the actual fees for services rendered and costs incurred during the estimated period exceed the estimate, the application may be supplemented up to 14 days after entry of the confirmation order. If the actual fees for services rendered and costs incurred during this estimated period are less than the estimated amount, approval of such application authorizes payment of the actual fees and costs not to exceed the estimated amounts.

Post-Confirmation Professional Fees. Unless otherwise ordered by the Court, professional fees and costs incurred after confirmation in connection with actions against third parties are subject to Court approval. (D) (3) Chapter 13 Cases. Compensation for professional services or reimbursement of expenses by attorneys for Chapter 13 debtors will be governed by the prevailing practice in the Division in which the case is pending.

(d) Creditors’ Attorney’s Fees. Applications for attorney’s fees made on behalf of a creditor, other than requests under 11 U.S.C. § 503(b)(2), (3), and (4), are not governed by this rule. Nevertheless, any party in interest may seek a judicial determination of such fees. (e) Expense Reimbursement Guidelines.

The Court may establish expense reimbursement guidelines to address expenses such as photocopying, facsimile transmissions, computerized research, and meals and travel. Such guidelines will be posted on the Court’s website, www.flmb.uscourts.gov. (f) Waiver Procedure. An application to employ a professional within the scope of this rule may include a request that the Court waive, for cause, one or more of the information requirements of this rule.

Such waivers may be appropriate for ordinary course professionals and professionals seeking de minimus payments and may be granted at the Court’s discretion. _______________________ Notes of Advisory Committee 2025 Amendment This amendment changes the rule’s title (formerly Compensation of Professionals) and updates section (c)(2)(A) to conform with current procedures for filing fee applications in Chapter 11 cases. This amendment to the rule is effective August 15, 2025. 2023 Amendment This amendment to section (c)(2)(B) provides that the Court may consider approval of monthly payment of interim fee applications for professionals in Chapter 11 cases based on the needs of the case. Other changes are stylistic.

This amendment to the rule is effective August 1, 2023. 2022 Amendment This amendment modifies the rule to clarify that all fee applications may be served on negative notice in accordance with Local Rule 2002-4. Section (c)(2)(C) is also amended to clarify the procedure for final fee applications to be approved at confirmation in Chapter 11 cases. This amendment to the rule is effective July 1, 2022.

2021 Amendment This amendment modifies the deadline for filing final fee applications to be considered at the confirmation hearing in Chapter 11 cases. This amendment to the rule is effective August 1, 2021. 2015 Amendment This amendment provides that when fee applications are served using the negative notice procedures of Local Rule 2002-4, the negative notice legend and the title of the application shall be located on the first page of the application and the Chapter 11 Fee Application Summary [previously titled the Chapter 11 Fee Application Cover Page] shall be the second page of the application. This amendment to the rule is effective July 1, 2015.

2014 Amendment This amendment adds section (c)(2)(iv), requiring Court approval for post-confirmation professional fees and costs, unless otherwise ordered by the Court. This amendment to the rule is effective July 1, 2014. 2012 Amendment This amendment establishes the procedures to be used by professionals in seeking compensation in Chapter 7, 11, and 13 cases. Local Rule 2015-1 authorizes Chapter 7 trustees to incur and pay expenses, including payments to professionals, not to exceed $500 in the aggregate without order of the Court.

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 3.04. The Advisory Committee Notes to the superseded rules may be helpful in interpreting and applying the current rules. 1995 Amendment This amendment to Local Rule 3.04 requires that applications of professionals for compensation also be served on the debtor, debtor’s attorney, and any trustee appointed under 11 U.S.C. §§ 1104, 1202, or 1302. These amendments to the rule were effective on February 15, 1995.

Rule 2081-1 CHAPTER 11 - GENERAL (a) Operations. The trustee or debtor-in-possession in a Chapter 11 case may operate the business of the debtor pursuant to 11 U.S.C. §§ 1108 and 1184 and any order of the Court specifying terms and conditions of the operation of the debtor’s business. (b) Case Management Summary. Within the earlier of three business days following the petition date, or the date that the debtor-in-possession first files a motion requesting affirmative relief, the debtor-in-possession shall file a Chapter 11 Case Management Summary providing the following information: (1) description of the debtor’s business; (2) locations of the debtor’s operations and whether leased or owned; (3) reasons for filing Chapter 11; (4) list of officers, directors and insiders (including relatives of insiders), if applicable, who receive salaries or benefits from the debtor and their respective salaries or benefits at the time of filing and during the one year prior to filing; (5) the debtor’s annual gross revenues; (6) amounts owed to various creditors, including current year to date and prior fiscal year: (A) priority creditors such as governmental creditors for taxes, (B) secured creditors and their respective collateral, and (C) unsecured creditors; (7) general description and approximate value of the debtor’s current and (8) number of employees and gross amounts of wages owed as of petition fixed assets; date; (9) status of the debtor’s payroll and sales tax obligations, if applicable; (10) anticipated emergency relief to be requested within the first 14 days after the petition date; and (11) the debtor’s strategic objectives, i.e., refinancing, cramdown, surrender/ sale of assets or business.

(c) Initial Status Conference. The Court may schedule an initial status conference at which debtor’s counsel should be prepared to address the following: status of the case and reason for the bankruptcy case, deadlines for filing a plan and disclosure statement, special noticing issues, the need for scheduling regular status conferences, and the scheduling of pending motions. (d) Monthly Operating Reports in Small Business Cases. Each month, Small Business Debtors as defined in 11 U.S.C. § 101(51D) and Subchapter V Debtors as defined in 11 U.S.C. § 1182 shall complete and file the Schedule of Receipts and Disbursements (also required of Chapter 11 Business Debtors), following as Appendix A. The Schedule may be filed without the referenced attachments.

In addition to filing the Schedule included herein as Appendix A, Small Business Debtors and Subchapter V Debtors shall also file a Check Register in the form included herein as Appendix B, which shall identify all checks issued by the debtor during the reporting month and all outstanding checks issued before the commencement of the debtor’s bankruptcy case that were permitted to clear during the applicable reporting period. Small Business Debtors and Subchapter V Debtors shall complete and file a separate Check Register for each bank account from which checks are drawn. These requirements are in addition to the completion and filing of the Small Business Monthly Operating Report prescribed or promulgated by the Judicial Conference. (e) Employee Salaries.

Upon the filing of a Chapter 11 petition, all employees (including managers, agents, or officers who are not affiliates within the meaning of 11 U.S.C. § 101(2)(A may be paid a salary and receive benefits accruing postpetition in the ordinary course of business. The Court may review, and grant appropriate relief, if such salaries are later determined to be unreasonable. An officer, manager, or employee who also qualifies as an affiliate (collectively, “Affiliate Officer”) must file a motion to have his or her salary and benefits approved by the Court in advance of payment. Court authority for payment of any salary or benefits shall not constitute the assumption of any existing employment agreement.

A motion to authorize payment of any prepetition wages or Affiliate Officer’s salary may be filed pursuant to the expedited procedures set forth in section (g) of this rule. Authorization for payment may be retroactive to the petition date if the motion so requests. (f) Bank Accounts. The debtor-in-possession, consistent with 11 U.S.C. § 345, is authorized to open and maintain bank accounts for the deposit, investment, and disbursement of monies of the estate; provided, however, that the debtor-in-possession shall segregate all monies withheld from employees or collected for taxes in a separate bank account(s) and shall pay these funds to the proper authority when due.

(g) Expedited and Emergency Motions. The following motions will be scheduled for hearing within three business days, if reasonably possible, and if the motions are served by electronic mail or by facsimile if electronic mail is not available. All expedited or emergency motions must be served upon the Office of the U.S. Trustee by electronic mail or, if not available, by facsimile directed to the Assistant U.S. Trustee and the assigned Trial Attorney, if one has made an appearance in the case. Notices of hearing of such expedited or emergency motions must be served in the same manner.

(1) Motion Seeking Authority to Use Cash Collateral. A motion seeking authority to use cash collateral pursuant to 11 U.S.C. § 363 shall comply with Fed. R. Bankr. P. 4001(b) or (d) and include the following information: (A) the following provisions: Required Terms. The motion to use cash collateral shall include period of time for which the use of cash collateral is sought; (i) a budget setting forth the projected cash flow of the debtor for the (ii) the amounts and types of cash collateral on the petition date; (iii) the name of each secured creditor having a security interest in the cash collateral, the basis upon which the secured creditor is entitled to assert a security interest in the cash collateral, and the amount owed to the secured creditor; (e.g., replacement lien, insurance); (iv) the debtor’s proposed adequate protection for each secured creditor (v) reasonable reporting requirements; and (vi) proposed consequences of default. (B) be approved absent compelling circumstances: Extraordinary Terms.

The following provisions will generally not repayment of prepetition debt with postpetition assets; (i) any cross-collateralization provision that would secure the (ii) a waiver of any claims to include avoidance actions against any secured creditor; § 506(c); (iii) a waiver of any rights the estate may have under 11 U.S.C. interest with respect to the validity, priority, and extent of secured creditor’s liens; (iv) any factual stipulations or findings that bind the estate or parties in collateral or automatic relief from stay upon default; (v) immediate relief from stay under the order approving use of cash (vi) granting of liens on avoidance action recoveries; (vii) validation of any secured creditor’s security interest in its collateral or within a limited period of time after the appointment of a committee pursuant to 11 U.S.C. § 1102; or 11 U.S.C. § 726(c). (viii) any subordination of administrative priority claims arising under (2) Motion for Approval of Postpetition Financing. A motion seeking approval of postpetition financing pursuant to 11 U.S.C. § 364 shall comply with Fed. R. Bankr. P. 4001(c) and (d) and must include: parties; (A) the identity of the proposed lender and its relationship to any of the terms of the debt to be incurred (“DIP Loan”) including: (B) a copy of the DIP loan agreement, together with a summary of the interest and whether the lender is seeking to prime existing liens; (i) the collateral in which the lender is seeking to obtain a security (ii) the amount of the loan proposed to be extended by the lender; (iii) the applicable interest rate and all other charges to be made in connection with the DIP Loan; and (iv) the payment terms and duration of the DIP Loan. (C) the amount of credit that the debtor seeks authority to obtain from the date of the preliminary hearing on the motion through and until the final hearing on the motion, if the debtor seeks authority to obtain credit sooner than 14 days after service of the motion.

(The debtor shall attach a budget setting forth the projected cash flow of the debtor for the period of time for which the credit is sought.); (D) the efforts made to obtain financing from other lenders; (E) the debtor’s ability to repay the DIP Loan; and (F) the inclusion of any of the terms listed in section (g)(1)(B) above. (3) Motion for Authority to Pay Prepetition Wages. A motion seeking authority to pay employees of the debtor prepetition wages outstanding as of the petition date shall include a schedule setting forth: paid; (A) the name of each employee to whom such wages are sought to be (B) the amount due such employee(s) as of the petition date; applicable payroll taxes and related benefits; (C) the amounts to be withheld from such wages, including all (D) the period of time for which prepetition wages are due; (E) whether the employee is presently employed by the debtor; (F) the irreparable harm that will result if the relief is not granted; and (G) whether any of the employees are insiders as defined in 11 U.S.C. § 101(31). The motion shall also include a representation by the debtor that all applicable payroll taxes and related benefits due to the debtor’s employees will be paid concurrently with payment of the wages.

(4) Motion for Authority to Maintain Prepetition Bank Accounts. A motion seeking authority to maintain prepetition bank accounts shall include: seeks to maintain postpetition; (A) a schedule listing each prepetition bank account that the debtor (B) the reason for seeking such authority; (C) the amount on deposit in each such account as of the petition date; (D) whether the depository is an authorized depository pursuant to 11 U.S.C. § 345(b); and a representation that the debtor has consulted with the Office of the United States Trustee regarding the continued maintenance of prepetition bank accounts and that the United States Trustee has not consented to the proposed maintenance of use of such accounts. (E) If the debtor is unable to provide the foregoing information, the motion shall set forth the reason why such information is not available and provide an estimate as to when the debtor will supplement its motion with such information. (5) Motion for Authority to Pay Critical Vendors.

A motion seeking authority to pay prepetition claims deemed critical by the debtor will generally not be approved absent compelling circumstances supported by evidentiary findings. Any such motion shall include: (A) a schedule of the names of each claimant; (B) the amount due each claimant; each claimant; (C) a description of the goods or services provided to the debtor by doctrine of necessity; (D) facts and law supporting payment of the prepetition debt under the (E) the irreparable harm that will result if the relief is not granted; and in consideration for the proposed payment, including the extension of postpetition trade credit. (F) whether the claimant has made any concession or other agreement (6) Motion for Authority to Pay Affiliate Officer Salaries. A motion to pay, on an interim basis, the salary of any officer, manager, or employee who also qualifies as an affiliate under 11 U.S.C. § 101(2)(A) shall include: responsibilities; (A) the name of the Affiliate Officer, the officer’s position and job (B) the nature of the Affiliate Officer’s relationship to the debtor; the salary received by the Affiliate Officer during the 12 months prior to the filing of the debtor’s Chapter 11 petition, including a description of any prepetition employment agreement; (C) (D) a description of any services performed for any third party or compensation received or that will be received by the Affiliate Officer from any source other than the debtor-in-possession after the date of the petition; benefits; and (E) the salary proposed to be paid to the Affiliate Officer, including all Officer, including all applicable payroll taxes and related benefits.

(F) the amounts to be withheld from such salary of the Affiliate An interim order to authorize the payment of salaries to Affiliate Officers is subject to review or reconsideration at any time upon the motion of a party in interest or by the Court sua sponte. (7) Motion to Determine Adequate Assurance for Payment of Utility Services or, in the Alternative, Establishing the Procedure for Determining Adequate Assurance. The Court may consider this motion without a hearing. assurance of payment of the debtor’s utility services shall include: (A) Contents of the Motion. A motion to determine adequate (i) a schedule of the names and addresses of the utilities; (ii) whether the debtor is current in the payment of its utility; (iii) an estimate of average monthly utility expense; (iv) the amount owed to each utility; and timely payment.

(v) the method by which the debtor will provide adequate assurance of (B) Proposed Order Conditionally Approving Motion. The motion shall be accompanied by a proposed order that provides for conditional approval of the motion subject to a 30-day objection period, which shall be set forth in the order by including above the preamble and below the title of the order the following bulletin in print either highlighted or bold so as to make it more prominent than the remainder of the text: Any interested party who fails to file and serve a written objection to the motion (as conditionally approved by this Order) within 30 days after entry of the Order, shall be deemed to have consented to the provisions of this Order. (C) Objections. Timely objections will be scheduled for hearing.

If no timely objection is filed, the order shall be deemed final, and no further notice, hearing, or order shall be required. (h) Use of Property. Subject to the provisions of 11 U.S.C. §§ 363 and 365, the debtor-in-possession may use, sell, or lease property of the estate. The debtor-in-possession is authorized to pay all necessary and current expenses of operating its business, including tax and lease payments, to the extent that such payments are necessary to preserve the assets or operate the business and provided that the payments are for only the postpetition period. _______________________ Notes of Advisory Committee 2024 Amendment The amendment to section (g) conforms the rule to amended Federal Rule of Bankruptcy Procedure 5005(b)(1) that no longer requires mail or hand-delivery of papers to the United States Trustee, but allows service by CM/ECF.

This amendment to the rule is effective August 15, 2024. 2021 Amendment This amendment revises section (b)(4) to require a list of only those officers, directors, and insiders receiving salaries or benefits from the debtor. This amendment further revises section (d) to require Small Business Debtors and Subchapter V Debtors to file a Check Register in the form of Appendix B with the Small Business Monthly Operating Report and clarifies that both Small Business Debtors and Subchapter V Debtors are required to file a Schedule of Receipts and Disbursements with their monthly operating reports. This amendment to the rule is effective August 1, 2021.

2019 Amendment This amendment revises section (g)(1) to more clearly state the requirements for motions seeking authority to use cash collateral and section (g)(7) to clarify that motions to determine adequate assurance for payment of utility services may be considered by the Court without a hearing. This amendment to the rule is effective July 1, 2019. 2013 Amendment This amendment requires that a Case Management Summary be filed in advance of the filing of any motion in the case and sets forth the matters that the Court may wish to address if an Initial Status Conference is scheduled. This amendment to the rule is effective July 1, 2013.

2012 Amendment This amendment establishes a rule that is consistent with Administrative Order FLMB- 2009-1 “Administrative Order Establishing Initial Procedures in Chapter 11 Cases Filed in the United States Bankruptcy Court of the Middle District of Florida.” Additionally, the rule requires that Small Business Debtors file a Schedule of Receipts and Disbursements in addition to Small Business Monthly Operating Reports. Federal Rules of Bankruptcy Procedure 6003 and 4001 should be considered with regard to “first-day” motions. Consideration should also be given to the Court’s general procedures for emergency hearings. The addition of headings and subheadings is a stylistic rather than a substantive change.

This amendment to the rule is effective March 15, 2012. 1997 Amendment This amendment conforms the existing Local Rule 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 3.02. The Advisory Committee Notes to the superseded rules may be helpful in interpreting and applying the current rules. 1995 Amendment The amendment dispenses with the requirement for the filing of a motion for authority to operate the business of the debtor. Consistent with current practice, it is contemplated that the court will enter an order sua sponte setting forth the requirements for operating the business of the debtor.

It was the view of the Advisory Committee that dispensing with the requirement of filing a motion would reduce needless paperwork for counsel and the Clerk’s office. These amendments to the rule were effective on February 15, 1995. SCHEDULE OF RECEIPTS AND DISBURSEMENTS FOR THE PERIOD BEGINNING AND ENDING ________________ Name of Debtor: Date of Petition: ____________________________ CURRENT MONTH CUMULATIVE PETITION TO DATE Case Number ______________________ 1.

FUNDS AT BEGINNING OF PERIOD 2.

RECEIPTS: (a) (b) A. Cash Sales Minus: Cash Refunds Net Cash Sales B. Accounts Receivable C. Other Receipts (See MOR-3) (If you receive rental income, (-) ___________________ ___________________ ___________________ ___________________ ___________________ you must attach a rent roll.) 3. TOTAL RECEIPTS (Lines 2A+2B+2C) 4. TOTAL FUNDS AVAILABLE FOR OPERATIONS (Line 1 + Line 3) ___________________ ___________________ 5. DISBURSEMENTS (not incl. in “N”) A. Advertising B. Bank Charges C. Contract Labor D. Fixed Asset Payments E. Insurance F. Inventory Payments G. Leases H. Manufacturing Supplies I. Office Supplies J. Payroll - Net K. Professional Fees (Accounting & Legal) L. Rent M. Repairs & Maintenance N. Secured Creditor Payments O. Taxes Paid - Payroll P. Taxes Paid - Sales & Use Q. Taxes Paid - Other R. Telephone S. Travel & Entertainment Y. U.S. Trustee Quarterly Fees U. Utilities V. Vehicle Expenses W. Other Operating Expenses (See MOR-3) 6.

TOTAL DISBURSEMENTS (Sum of 5A thru W) 7. ENDING BALANCE (Line 4 Minus Line 6) (c) ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ (c) I declare under penalty of perjury that this statement and the accompanying documents and reports are true and correct to the best of my knowledge and belief. This day of , 20 . ___________________________________ (a)This number is carried forward from last month’s report. For the first report only, this number will be the balance as of the petition date.

(b)This figure will not change from month to month. It is always the amount of funds on hand as of the date of the petition. (c)These two amounts will always be the same if form is completed correctly. (Signature) MOR-2 APPENDIX A MONTHLY SCHEDULE OF RECEIPTS AND DISBURSEMENTS (cont’d) Detail of Other Receipts and Other Disbursements OTHER RECEIPTS: Describe Each Item of Other Receipt and List Amount of Receipt.

Write totals on Page MOR-2, Line 2C. Description Current Month _____________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ TOTAL OTHER RECEIPTS _________________ __________________ __________________ __________________ __________________ __________________ __________________ _________________ Cumulative Petition to Date ______________ ________________ ________________ ________________ ________________ ________________ ________________ ______________ “Other Receipts” includes Loans from Insiders and other sources (i.e., Officer/Owner, related parties, directors, related corporations, etc.). Please describe below: Loan Amount _____________ _____________ _____________ Source of Funds ___________________ ___________________ ___________________ OTHER DISBURSEMENTS: Purpose Repayment Schedule _________________________ ____________________ _________________________ ____________________ _________________________ ____________________ Describe Each Item of Other Disbursement and List Amount of Disbursement. Write totals on Page MOR-2, Line 5W.

Description Current Month ______________________________________________ ________________ __________________ __________________________________________________ __________________ __________________________________________________ __________________ __________________________________________________ __________________ __________________________________________________ __________________ __________________________________________________ __________________ __________________________________________________ __________________ __________________________________________________ ________________ TOTAL OTHER DISBURSEMENTS Cumulative Petition to Date ______________ ________________ ________________ ________________ ________________ ________________ ________________ ________________ ______________ MOR-3 CHECK REGISTER Name of Debtor: Case Number: _____________________ Reporting Period beginning: Period ending: _____________________ NAME OF BANK: BRANCH: __________________________ ACCOUNT NAME: ____________________________________ ACCOUNT NUMBER: _________________________________ PURPOSE OF ACCOUNT: __________________________________ Account for all disbursements, including voids, lost checks, stop payments, etc. In the alternative, a computer generated check register can be attached to this report, provided all the information requested below is included. CHECK DATE NUMBER PURPOSE PAYEE _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ _____________________ AMOUNT _________________ _________________ _________________ _________________ _________________ _________________ _________________ _________________ _________________ _________________ _________________ _________________ _________________ _________________ _________________ _________________ _________________ _________________ _________________ _________________ _________________ TOTAL $________________ APPENDIX B ATTORNEYS - ADMISSION TO PRACTICE AND PRO HAC VICE ADMISSION

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