Court Connection - January 2016

U.S. Courts sent this bulletin at 01/22/2016 03:32 PM EST

COURT CONNECTION

ISSUE NUMBER 1│JANUARY 2016

Court Connection: e-Edition

The Court is proud to share the e-edition of the Court Connection.

For readers who prefer to read the newsletter on paper, it can be printed in its entirety by downloading a full-text PDF version.

Click here for the PDF version.

Announcements

and

Upcoming Events

State of the District Address by Chief Judge Michael G. Williamson

Jacksonville: February 3
Tampa: February 9
Orlando: February 18
Fort Myers: February 25

In the Spotlight:

Awards and Recognition

Judge Catherine Peek McEwen to receive Distinguished Federal Judicial Service Award.

Anyone who knows Judge McEwen is well aware of her tireless commitment to pro bono service. Those efforts have recently been recognized by the Chief Justice of the Florida Supreme Court, Jorge Labarga, who selected Judge McEwen as the first recipient of the Chief Justice’s Distinguished Federal Judicial Service Award.

The award ceremony will be held on January 28, 2016 at 3:30 pm at the Florida Supreme Court.

Please congratulate Judge McEwen on this extraordinary—and well-deserved—honor.

Click here for the full news release.

Clerk of Court, Lee Ann Bennett is the recipient of the 2015 Director's Award for Outstanding Leadership.

The nomination was made by the Court’s Administrative Staff, supported by our Judges as well as many other Judges and Clerks across the country. She is recognized as an Outstanding Leader of the Judiciary from the Supreme Court down. Congratulations, Lee Ann!

Click here to read the full article.

Judge's Corner

Inside the lives of our judges

Judge Jennemann pictured with her law clerk, Danielle Merola, after her recent swearing in ceremony.

Judge McEwen and her former student and fall semester intern Georgi Angelov, at his graduation from Western Michigan University Cooley Law School.

Update from the Clerk's Office

Forms and Rules: The December 1, 2015 Updates to Official Forms went into effect with a smooth transition in the Clerk's Office.

Budget & Finance: On December 18, 2015, a full year appropriations bill for fiscal year 2016 was passed and signed.

The Orlando Division welcomes two Spring interns beginning on February 2, 2016: Melissa DiCerbo from FAMU and Richard Pallas from Barry University.

Filing Statistics

Click here for Quarterly filing statistics from the district.

The Court Connection is published quarterly in January, April, July and October.

We are seeking suggestions, ideas, articles, photos, news - and anything you'd like to share.

Please submit items to be considered for the April edition by March 31, 2016 to newsletter@flmb.uscourts.gov

Reset - It's a New Day and a New Year

By: Lee Ann Bennett, Clerk of Court

Happy New Year! It’s hard to believe that 2015 is behind us and that 2016 has already begun. In the last issue of the Court Connection, Chief Judge Williamson shared his vision of continuing the work started by Judge Jennemann during her term as Chief Judge. He shared that Judge Jennemann’s mantra was “Think Bottom-Up, Not Top Down” on her quest of “Thinking District-wide.” Chief Judge Williamson will continue that quest with his mantra “One Court, One Team.” In his article, he highlighted the accomplishments achieved during 2015 and rightly gave credit to all involved. We are fortunate to have not only our staff involved in our quest but also members of the bar associations, the trustees, and the United States Trustee’s office. We are thrilled so many of you will continue to serve on various committees, all of which contribute to the excellence of our Court. So, I wish to start the New Year by thanking you for your continued service to the Court.

Click here for the full article.

Pro Bono Corner

Helping the legal community

2015 Year End Statistics from the Pro Se Clinics

Both the Tampa and Orlando Pro Se Clinics finished 2015 with some impressive numbers to report.

The Tampa clinic closed out the year with 268 hours volunteered out of 325 available hours.
Orlando's clinic saw 361 clients over the year with a total of 466 hours volunteered by local attorneys.

Thank you to the attorneys who volunteered their time and to everyone who helped contribute to make it such a successful year.

Click here for more statistics and to read the full report.

Thank you to David Garcide who helped the Court with a difficult, heart-wrenching case of a pro se single mother of three who had no hope of saving her home based on her lack of income and the unavailability of a modification option, given that her lender was a private investor. David took her outside to explain the finances that are necessary for a successful cure-and-pay plan. She agreed to give up her fight, and then she got a cash- for-keys deal that enabled her to have a rent deposit and funds to assist with her move.

In the Trustee Spotlight:

Robert Altman, Chapter 7 Trustee, Jacksonville Division

By: Timothy S. Laffredi, Orlando Office of the U.S. Trustee

Robert Altman is a Chapter 7 Panel Trustee for the Middle District of Florida, Jacksonville Division. Bob was appointed to the Panel in November 2002. Prior to his appointment as a Chapter 7 Trustee, Bob was already a well-established and well-respected member of the bankruptcy legal community in the Middle District. Bob devotes 85% of his practice to bankruptcy, and his extensive experience runs the bankruptcy gamut. Aside from his work as Chapter 7 Trustee, Bob has represented debtors, creditors, and other Chapter 7 trustees. Bob has also been involved in over 100 Chapter 11 cases; has represented debtors, has represented creditors’ committees, and has been appointed as a Chapter 11 Trustee.

Click here to read the full article.

Court Committee

Reports

Court Procedures Drafting Committee: The Procedures Drafting Committee has finalized its drafting procedures on Schedules and Statements filed after the Petition, Motion to Modify Confirmed Plan, Motion for/Notice of 2004 Exam, Chapter 11 Closing and Rent Deposits.

Click here for the complete update.

Court Outreach Committee

‘Tis the Season of Giving. The Clerk’s Office and Chambers staff across the district, through activities arranged by the Outreach Committee, came together to give back to a variety of organizations in their communities.

Click here for the full report.

IT News

The latest tech news and information

Cyber Security Brief

By: Laurie Ellwood, Network Administrator

Tax Season is Identity Theft Season. The IRS, the states, and the tax industry are introducing even more safeguards this year. Here's what you need to know and tips to protect yourself.

Click here for the full article.

Dear Point and Click:

Answers to technical questions

Question: I have to serve an order in an Adversary Proceeding and all the parties received notice of the entry of the order via CM/ECF. Must I also prepare and file a Proof of Service?

Answer: In short, the answer is no. In any situation where all required recipients received the order via CM/ECF activity emails, no proof of service is needed. This happens primarily in Adversary Proceedings.

Click here for the complete answer.

Is there a CM/ECF-related question you'd like to see answered in a future edition of the Court Connection? Send your question to newsletter@flmb.uscourts.gov

Court Services

Chief Justice Roberts highlights recent rules amendments.

Chief Justice John Roberts recently issued his 2015 Year-End Report on the federal judiciary. In his Year-End Report, Chief Justice Roberts announced recent amendments to the Federal Rules of Civil Procedure. While conceding that “[m]any rules amendments are modest and technical, even persnickety,” Chief Justice Roberts explained that the 2015 amendments to the Federal Rules of Civil Procedure—the product of five years of intense study, debate, and drafting—are different. In fact, it is because the changes are so significant that Chief Justice Roberts chose his Year-End Report to highlight them.

Click here for more information and to read the full report.

Court Makes it Easier to Refinance or Modify a Mortgage on Homestead Property.

On November 16, 2015, the Court issued a new administrative order (FLMB-2015-9) that grants relief from the discharge injunction to allow a secured creditor to enter into a refinance or modification agreement with a debtor. That new administrative order applies when the debtor initiates a request to refinance or modify a debt secured by a lien on homestead property only. Importantly, if the debtor refinances or modifies an existing debt secured by a lien on homestead property, the debtor may become liable for the entire amount owed under the new (refinanced or modified) loan.

Case Law Update

Submitted By:

Bradley M. Saxton & C. Andrew Roy

Winderweedle Ward Haines and Woodman, P.A.

Supreme Court Cases

Husky Int'l Electronics v. Ritz, No. 15-145 [Argument set for March 1, 2016]

Eleventh Circuit Cases

Wallace v. McFarland (In re McFarland) 619 F. App'x 962 (11th Cir. Oct. 16, 2015)

Mantiply v. Horne (In re Horne) --- F. App'x ----, 2015 WL 65000754 (11th Cir. Oct. 28, 2015)

Bankruptcy Court Cases

Hanson v. Brown (In re Brown) 541 B.R. 906 (Bankr. M.D. Fla Dec. 8, 2015) (Jennemann, J.)

In re Mullen 2015 WL 8252928 (Bankr. M.D. Fla. Nov. 16, 2015) (Glenn, J.)

In re HWA Properties 2016 WL 67786 (Bankr. M.D. Fla. Jan. 6, 2016) (Delano, J.)

Click here for the Complete Case Law Update.

Local Bar Associations

News and events from your local bar association

Good news from the Jacksonville Bankruptcy Bar Association!

A silent auction and other donations at the December 16, 2015 JBBA Holiday party raised over $2,000 for BLES.

The Pro Se Legal Clinic hosted by JALA (Jacksonville Area Legal Aid) is fully staffed by two attorneys each month for 2016.

The Central Florida Bankruptcy Law Association finished up 2015 with a successful Holiday Party and kicks off 2016 with some great events ahead.

Click here for the CFBLA quarterly report.

The Southwest Florida Bankruptcy Professional Association’s Annual Alexander L. Paskay Memorial Bankruptcy Professionals Dinner was held on Thursday, October 15, 2015.

Click here to see who was honored at the event.