Judge Jennemann's Legacy
By: Chief Judge Michael G. Williamson
As the new Chief Judge of the Middle District of Florida, I am in the enviable position of inheriting a path to our Court’s continued success that was designed and paved by Judge Jennemann’s incredible vision.
In 2011, Judge Jennemann began her term as Chief Judge with a “Listening Tour.” She met one-on-one with each member of the Court staff and had numerous meetings with members of the bar associations and key leaders among the bankruptcy practitioners in each division. During her Listening Tour, Judge Jennemann sought to learn about the Middle District’s strengths and weaknesses. Judge Jennemann wisely anticipated the challenges that our Court would face in the coming years, including reductions in funding and staffing. She knew that to meet these challenges and to make it easier for attorneys to practice throughout the District, our Court needed to streamline its procedures and improve communications, both inside and outside the Court.
Click here for the complete article.
District-Wide Uniformity
in Chapter 13 Cases
By: Douglas W. Neway, Chapter 13 Trustee (Jacksonville)
The Middle District of Florida Bankruptcy Court recently implemented uniform procedures in Chapter 13 cases. Through the combined efforts of the District Wide Steering Committee and the District’s Chapter 13 Standing Trustees and Judges, an administrative order, a form plan and a form Order Confirming Plan have all been implemented in each division of the Middle District.
This article is not intended to replace the need of every Chapter 13 practitioner from reading and committing to memory the specific provisions of these forms and order. However, I will endeavor to provide the highlights and major changes that have now been implemented.
Click here for complete article.
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Pro Bono Corner:
Helping the Community
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National Celebrate Pro Bono Week should be cheered
BY JUDGE CATHERINE PEEK MCEWEN
Special to The Tampa Tribune
Published: October 25, 2015
It’s National Celebrate Pro Bono Week — today through Saturday — so for lawyers, judges, business people and pro bono clients reading this, what are you going to do to celebrate?
According to the American Bar Association, the event’s sponsor, the celebration “is a coordinated national effort to meet the ever-growing needs of this country’s most vulnerable citizens by encouraging and supporting local efforts to expand the delivery of pro bono legal services and by showcasing the great difference that pro bono lawyers make to the nation, its system of justice, its communities and, most of all, to the clients they serve.”
Click here for complete article from The Tampa Tribune.
Thank you to Phil Martino (Tampa Division) for agreeing, on behalf of some associates, to take on two pro bono valuation trials in redemption contested matters.
Thank you to Barbara Hart (Tampa Division) for accepting an adversary proceeding assignment through the Court's own Legal Assistance Program (not to be confused with the TBBBA's courthouse clinic).
Click on the following link for a sign-up form: http://www.flmb.uscourts.gov/legal_assistance/volunteer_form.pdf
In the Trustee Spotlight:
Diane Jensen, Chapter 7 Trustee, Fort Myers Division
Soon after graduating from the University of Michigan Law School, Diane and, her husband, Sid moved to Fort Myers, Florida in 1973, when she joined the Pavese Law firm. Her venture into bankruptcy law happened by accident.
Click here to read the full article.
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Judge's Corner:
Inside the lives of our judges
During business hours our Judges dispense justice from the bench and after hours they are in the business of molding the minds of a future generation of lawyers.
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Chief Judge Michael G. Williamson teaches law at Stetson University School of Law
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Judge Arthur Briskman teaches law at Florida A&M University College of Law
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Judge Catherine McEwen teaches law at Thomas M. Cooley Law School
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Court
Committee Reports
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District-Wide Steering Committee: During the last quarter, the District-Wide Steering Committee spent a significant amount of time advising and recommending substantive and procedural changes to the Uniform Chapter 13 Debtor Duty Order to ensure uniformity across the district. The new order, which incorporates a significant amount of recommendations, has been approved and is currently being utilized across the District in all Chapter 13 cases.
Click here for the complete report.
Website Committee Update: The Website Committee has recently gained two new committee members, both from the Jacksonville Division. The committee welcomes both Linda Lee and Patrick McEachin. We look forward to their valuable insight and ideas as we strive to make the internal website a great success!
Click here for the complete update.
IT NEWS
The latest tech news and information
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Maybe you’ve gotten a new credit or debit card in the mail or heard something about the U.S. moving to the “Chip and Signature” or “Chip and PIN” standard. The U.S. is moving toward adopting these standards, and October 1st, 2015, is a major deadline for U.S. payment companies and merchants.
What is Chip and Signature/Chip and PIN?
Click here to continue reading.
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Dear Point and Click
Answers to technical questions
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Question: I am moving to a new law firm. What do I need to do to update my contact information with the Court? Additionally, if I no longer plan on practicing, or am retiring, do I still need to update my information with the Court?
Answer: It is important that you updated your contact information with the Florida Bar, the Middle District of Florida (District Court), the Bankruptcy Court for the Middle District of Florida (and any other Court in which you may file). This should be done even if you do not intend to practice law or practice before this Court any longer.
Click here for the complete answer.
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Court Services
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Major Updates to Bankruptcy Official Forms –
Effective December 1, 2015
On December 1, 2015, significant updates to the Official Bankruptcy Forms will go into effect. The forms update includes a complete renumbering of all Official Bankruptcy Forms, and significant redesign of many of the forms.
Click here for complete article.
Date Appeal Deadline Starts To Run
By: Adam Suess, Esq., Stichter, Riedel Blaine& Postler, P.A.
According to Rule 8002(a) of the Federal Rules of Bankruptcy Procedure, a notice of appeal “shall be filed with the clerk within 14 days of the date of the entry of the judgment, order, or decree appealed from.”[1] Rule 9021, titled “Entry of Judgment,” states that “[a] judgment or order is effective when entered under Rule 5003.”[2]
Click here to read the full article.
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[1] In 2009, the Supreme Court amended Rule 8002 to allow for a 14-day period for filing a notice of appeal. Supreme Court of the United States, Order Amending Federal Rules of Bankruptcy Procedure (Mar. 26, 2009). Prior to that, Rule 8002 provided only a 10-day period. Due to their dates of decision, all but one of the cases cited below are based upon the pre-amendment 10-day period. Because the length of the period has no bearing on the event which triggers the running of the period, the amendment to Rule 8002 has no real impact here.
[2] Fed. R. Bankr. P. 9021.
Case Law Update
Submitted By: Brad Saxton and C. Andrew Roy, Winderweedle Ward Haines and Woodman, P.A.
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Supreme Court:
Baker Botts L.L.P v ASARCO LLC, 135 S. Ct. 2158 (June 15, 2015)
Bank of America, N.A. v. Caulkett, 135 S.Ct. 1995 (June 1, 2015)
Eleventh Circuit:
In re Sagamore Partners, LLP, 2015 WL 5091909 (11th Cir. Aug. 31, 2015)
Green Point Credit v. McLean (In re McLean), 794 F. 3d 1313 (11th Cir. July 23, 2015)
Bankruptcy Court:
In re Anthony, 2015 WL 5554241 (Bankr. M.D. Fla Sept. 17, 2015) (May, J.)
In re Rivera-Cintron, 2015 WL 4749217 (Bankr. M.D. Fla. August 12, 2015) (Jennemann, C.J.)
In re Wharton-Price, 2015 WL 4230856 (Bankr. M.D. Fla. July 16, 2015) (Delano, J.)
In re Rover Technologies, 2015 WL 4247232 (Bankr. M.D. Fla. July 10, 2015) (May, J.)
In re Howe, 2015 WL 4197058 (Bankr. M.D. Fla. July 7, 2015) (Funk, J.)
In re McMillan, 2015 WL 4065226 (Bankr. M.D. Fla. July 2, 2015) (Funk, J.)
Click here for the complete Case Law Update.
Local Bar Associations
News and events from your local bar association
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Jacksonville Bankruptcy Bar Association's Annual Seminar on August 21, 2015, was a success. Click here for additional photographs.
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CFBLA 3rd Quarter Update: A Judicial Chambers, Clerk’s Office, and U.S. Trustee Appreciation Luncheon was held on September 16th at Ember. The Central Florida Bankruptcy Bar came together to thank everyone for their tireless work and unwavering support.
Click here to view CFBLA's complete update.
Southwest Florida Bankruptcy Professionals Association Update: A new slate of officers of the Southwest Florida Bankruptcy Professional Association will be installed at the Annual Alexander L. Paskay Memorial Bankruptcy Professionals Dinner.
Click here to see the 2015-2016 officers.
Local Bar Events
Across the Middle District
Click here for complete list with event descriptions.
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Fort Myers
October 29th @ noon Monthly Luncheon
November 19th @ noon Monthly Luncheon
December 17th @ noon Monthly Luncheon
Jacksonville
November 18th @ noon Monthly Luncheon
December 16th @ 5:00 pm JBBA Holiday Party
Orlando
October 15th @ noon CFBLA Monthly Luncheon
October 23rd @ 11:30 am OCBA Lunch
November 19th @ noon CFBLA Monthly Luncheon
December 10th @ 5:30 pm CFBLA Holiday Party
December 17th @ noon OCBA Monthly Luncheon
December 18th @ 11:30 am OCBA Lunch
Tampa
November 10th @ noon CLE Luncheon
November 13th @ 2:00 pm Annual Tennis Tournament
November 16th @ 5:30 pm Chapter 11 Judicial Liaison Meeting -
December 1st @ noon Consumer Luncheon
December 3rd @ 6:00 pm Holiday Party
January 5th @ noon Consumer Luncheon
January 12th @ noon CLE Luncheon
January 25th @ 5:30 pm Chapter 13 Judicial Liaison Meeting
Statewide:
November 4th @ 5:30 pm View from the Bench Reception
November 5th @ 8:00 am View from the Bench - Tampa
November 6th @ 8:00 am View from the Bench - Miami
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