Court Connection - April 2016

U.S. Courts sent this bulletin at 04/25/2016 11:07 AM EDT

COURT CONNECTION

ISSUE NUMBER 2│APRIL 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

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April is Financial

Literacy Month

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2016 Eleventh Circuit Judicial Conference is May 5 - 6

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2016 Annual Florida Bar

Convention is June 15 - 18

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Local Bar Association Annual Seminars will be held:

CFBLA - April 29
OCBA - July 29
JBBA - August 26

Judges' Corner

Inside the lives of our judges

The Middle District

Welcomes

Judge Roberta A. Colton!

The Honorable Charles R. Wilson, of the U.S. Court of Appeals for the Eleventh Circuit swearing in Judge Roberta Colton (right) at the ceremony held April 1, 2016.

Click here for more photos.

In the Spotlight:

Awards and Recognition

Judge Catherine Peek McEwen pictured with Chief Justice Jorge Labarga after receiving the Chief Justice’s Distinguished Federal Judicial Service Award.

Honored at the same ceremony was former law clerk, Cissy (Skipper) Sevelin. She received the Florida Bar President’s Pro Bono Service Award. Established in 1981, the award was intended to encourage lawyers to volunteer free legal services to the poor and communicate to the public some sense of the substantial volunteer services provided by Florida lawyers.

We would like to recognize Cissy, who is now in private practice in Thonotosassa, for such a well-deserved honor.

Click here for more on the Awards.

Update from the Clerk's Office

Forms and Rules:

New and Amended Local Rules Posted for Comment

Proposed new and amended local rules to be effective July 1st are posted on the Court’s website for public comment. Click here to view the proposed rules and comment submission form. The deadline for comments is April 30th.

The Court and the Local Rules Lawyers’ Advisory Committee value your input!

Procedures:

Be prepared for a new and improved corrective action process. The new process will provide clear and uniform directives and simplified docket text to assist e-filers with the ability to correct their own errors. May 9, 2016 is the target date for implementation. Further notification to e-filers will be forthcoming.

The Court's first External Procedure Manual has been posted to the Court's website and can be found under the Procedures tab.

Click here to view the manual.

Court Committee

Reports

District-Wide Steering Committee:

In the first quarter of this year, the District-Wide Steering Committee considered three new issues: Unbundling Bankruptcy Services/Limited Appearance Attorneys; Proposed Local Rules on Discovery; and Chapter 11 Issues that might be ripe for district-wide uniformity.

Click here for the complete update.

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 July edition by June 30, 2016 to newsletter@flmb.uscourts.gov

Getting to Know the Chief Judge

By: Judge Williamson’s Chambers Staff

Normally, the Chief Judge is supposed to write the lead article for the Court Connection newsletter. For his inaugural article, Judge Williamson paid a fitting tribute to Judge Jennemann’s legacy as Chief Judge and explained how, as Chief Judge, he intended on building on her legacy by continuing the work she started. For this edition, he planned on explaining the progress being made on that front. But since Judge Williamson just gave his “State of the District” speech, we decided to hijack this article and use it to tell you some things you may not have known about your new Chief Judge. So here goes….eight things you may not have known about Judge Williamson:

Judge Williamson initially followed in his father’s footsteps at West Point, which could explain his obsession with punctuality. His father was a Colonel in the United States Army. When Judge Williamson was born, his father was stationed at West Point, where he graduated from 16 years earlier. As a child, Judge Williamson lived in Spain for three years (and later Taiwan) before his family ultimately settled down in Melbourne, Florida. In fact, because he lived in Spain, the first language Judge Williamson spoke was Spanish (but after listening to him practice his Spanish for Judge May’s wedding, it’s probably fair to say he hasn’t used it in a while). After graduating from high school, Judge Williamson attended West Point for two years before deciding to pursue his dream of becoming a lawyer. Serving as a bankruptcy judge allows him to serve the public like his father—just in a different way.

Click here to read more!

From Around the District

On January 21, 2016, the District and Bankruptcy Courts in the Middle District of Florida celebrated “Fifty Years of Justice: A History of the U.S. District Court for the Middle District of Florida.” Hosted by the Orlando Chapter of the Federal Bar Association and the Central Florida Bankruptcy Law Association, the program featured a number of excellent speakers and panelists, including prominent bankruptcy attorney, Jules S. Cohen, who spoke on the history of the Middle District Bankruptcy Court. Mr. Cohen’s presentation was very well received and is reproduced below.

A Brief History of the Middle District Bankruptcy Court

By Jules S. Cohen, Esq., Akerman, LLP

The United States District Court for the Middle District of Florida is celebrating its 50th anniversary as a District. The Bankruptcy Court has always been a part of the Middle District for those 50 years.

Fifty years ago we had a Bankruptcy Court but we did not have any Bankruptcy Judges. We had bankruptcy referees. The referees were appointed by the District Judges and were called referees because the District Court referred bankruptcy cases to them which were filed in the District. More than 50 years ago, referees were often part-time positions held by attorneys who also conducted their own private law practices. They sometimes conducted bankruptcy court in their private law offices.

Click here for the full article.

Fort Myers Bankruptcy Attorney Officiates Super Bowl 50

By Luis Rivera, Esq.

You probably noticed that defense dominated the action (or lack thereof) in Super Bowl 50. But, did you notice the familiar face patrolling the line of scrimmage – Fort Myers attorney and NFL Umpire J. Jeffrey Rice? As the Umpire, Rice was responsible for policing the line of scrimmage, where the Broncos and Panthers did most of the battling. And, in a game like Super Bowl 50 where most of the action took place on the line of scrimmage, Rice was a busy man.

Click here for the full article.

Barry University Law Students Compete in 24th Annual Duberstein Moot Court Competition

By Alexis Leventhal

A motor vehicle company reeling from the recession files for Ch. 11 bankruptcy protection and successfully sells its “good” assets to a newly created entity in a free and clear sale. The proceeds of that sale along with the remaining assets are liquidated and used to pay creditors—leaving the newly created entity to march happily along until a class of unsecured creditors, deliberately deprived of notice of the entire bankruptcy proceeding, pops up over a year later suing in state court on a successor liability theory for injuries suffered pre-petition due to an accelerator defect. The state court litigation was removed to the bankruptcy court, where the bankruptcy judge determined the free and clear sale would be effective against the injured plaintiffs. And then the real trouble began….

Click here for the full article.

Pro Bono Corner

Helping the legal community

Pro Se Clinic Volunteer Spotlight: Linda Coco and Barry Law Students

By Alexis Leventhal

53 hours.

This is how much time Professor Linda Coco volunteered to the Pro Se Clinic in the Orlando Division in 2015—far and above any other single volunteer. Professor Coco, overseeing a group of her dedicated bankruptcy students, commits to counseling pro se litigants every week. Her efforts are deeply appreciated not only by the individuals she counsels, but by the students who benefit from this practical exercise, as well as by all the Judges in the Middle District. With over 20% of all filings done pro se, Professor Coco’s contributions to assisting these parties are critical to the efficient handling of these cases.

Click here to read the full article.

Judge McEwen's Make-Me-Smile Moments from the Courtroom

Donald Golden stepped up and adopted a chapter 13 case for a pro se debtor who is completely blind and on full disability. The case was in total disarray, and Mr. Golden promised to be flexible with his fee.

Thank you to Kelley Petry for helping the Court when a pro se debtor attempted to make an ore tenus Motion for Mediation before Judge McEwen. Ms. Petry went online and gathered all the relevant information, including service addresses, for the Court to be able to properly enter the mediation order.

Trustee Spotlight:

Problems to Avoid When Filing

Chapter 7 Consumer Cases in the Middle District of Florida

By Cindy Burnette, Assistant U.S. Trustee, and Jill Kelso, Trial Attorney, Office of the U.S. Trustee, with input from the Chapter 7 Panel Trustees in the Middle District of Florida

Section 521 of the United States Bankruptcy Code contains a list of the debtor’s duties in bankruptcy cases, which includes a duty to cooperate with the trustee as necessary and to surrender to the trustee all property of the estate, including books, documents, records, and papers relating to property of the estate. Rule 4002 of the Federal Rules of Bankruptcy Procedure requires that the debtor, among other things, provide the trustee with (i) a statement for each of the debtor’s depository and investment accounts that includes the transactions as of the date of filing the petition, and (ii) the debtor’s most current tax return at least 7 days before the meeting of creditors.

Click to read the full article.

Court Services

Check-Out the Court’s External Procedure Manual

By Hon. Karen S. Jennemann, U.S. Bankruptcy Judge

Over the last five years, every person working at the Bankruptcy Court for the Middle District of Florida has worked together to develop consistent and internal procedures to process the common matters filed before our Bankruptcy Court. The work was tedious, difficult, and ultimately resulted in a manual our staff uses district-wide. We call it “The Source.” Our goal now is to transform these internal procedures into external procedures our attorneys, their staff, and our litigants can use to comply with our requests.

Now, I am so pleased to announce we recently posted our first attempt at an External Procedure Manual. If you go to the Procedures tab on our website, you can scroll down and find this link for the manual: http://www.flmb.uscourts.gov/proguide/index.htm

In this initial version, you will see a list of items routinely filed with our Court. The items are divided between Adversary Proceedings and main case Bankruptcy items. They follow the procedures we internally use every day district-wide.

Each entry also contains (when appropriate) sample motions and orders you and your staff can use to draft your own papers. Remember, though, these forms are generic suggestions. Parties and their attorneys must revise them to address the unique circumstances of each case. But, they are starting templates. Every month we will add to and improve this list. Eventually, over the next year, we slowly will migrate other procedures into the manual. And, the External Procedural Manual will be the “one-stop shop” to answer your questions

Click here for the full article.

Get Financially Literate in April

April has been designated by Congress as National Financial Literacy Month. The United States Bankruptcy Judges of the Middle District of Florida are participating in this annual promotion of financial well-being and invite you to browse the following resources for acquiring good financial habits:

Click here to view the list of resources.

Dear Point and Click:

Answers to technical questions

Question: I have a paper that we would like to file under seal. Do I need Court approval?

Answer: Prior approval is required before filing a paper under seal. To request approval, a party must file a Motion to File Paper under Seal. When filing the motion in CM/ECF, it is very important to use the filing event Motion to File Paper under Seal, which is located in the Motions/Applications/Objections event categories under both the Bankruptcy and Adversary menus. Immediately after filing the motion, a proposed order should be submitted using the Courts eOrders process.

Click here for more information regarding filing papers under seal.

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

Case Law Update

Submitted By:

Bradley M. Saxton & C. Andrew Roy

Winderweedle Ward Haines and Woodman, P.A.

Eleventh Circuit Cases

Slater v. U.S. Steel Corp. 2016 WL 723012 (11th Cir. Feb. 24, 2016)

Bankruptcy Court Cases

In re Juerakhan 544 B.R. 711 (Bankr. M.D. Fla. Feb. 4, 2016) (Williamson, C.J.)

In re Kraz, LLC 539 B.R. 887 (Bankr. M.D. Fla. Oct. 27, 2015) (Williamson, C.J.)

In re Quevedo 2016 WL 801386 (Bankr. M.D. Fla. Feb. 12, 2016) (Jackson, J.)

In re Reynolds 546 B.R. 232 (Bankr. M.D. Fla. Feb. 12, 2016) (Jennemann, J.)

Click for the Complete Case Law Update.

Local Bar Associations

News and events from your local bar association

The Jacksonville Bankruptcy Bar Association hosted a Clerk’s Appreciation Luncheon on Wednesday, March 9th. Annually, the JBBA hosts a luncheon so its members can show their appreciation for the Clerk’s staff. This year’s luncheon was a success, with more than 130 attendees present to show their appreciation.

This year’s JBBA Annual Seminar will be held on Friday, August 26th, at the Marriott Sawgrass in Ponte Vedra Beach, Florida. This year’s seminar will be a great event (as always), and we encourage you to mark your calendars and plan to attend.

February’s OCBA Brown Bag Lunch and Learn: Help with Student Loan Debt

The February OCBA Brown Bag Lunch and Learn featured George Jonas and Melissa Towell of Consumer Debt Counselors, Inc. and their work aiding consumer debtors with understanding and addressing student loan debt. Consumer Debt Counselors, Inc. works closely with its clients, including bankruptcy attorneys assisting their own clients with student loan debt, to articulate the particular challenges of paying off a student loan debt, counsel a course of action to successfully address the student loan debt, implement the plan developed, and monitor the client’s progress with that plan. The presenters emphasized how their company is able to work with some loan servicers to negotiate repayment plans and how this practice may be implemented by attorneys.

Click here for the full review.

There will be NO Orange County Bar Association Bankruptcy Section meeting in April or June due to the CFBLA and OCBA Seminars and the Florida Bar’s Annual Convention taking place those months.

The speaker for the May 27, 2016 OCBA Bankruptcy Section will be attorney, Charlie Price. He will be speaking on the IRS and tax issues.

Click here for OCBA's update.

Central Florida Bankruptcy Law Association hosted a State of the District Presentation given by Chief Judge Michael Williamson on February 18, 2016 in the main entry hall of the George C. Young Federal Courthouse. During the presentation our Orlando Pro Se Clinic Volunteers were recognized. Judge Williamson gave special recognition to those individuals providing over ten hours of support to the clinic. Way to Go!

CFBLA is hosting its Annual Bankruptcy Seminar at the Embassy Suites in downtown Orlando on Friday, April 29th. This year’s Seminar features a keynote address from Bruce Blackwell on legal ethics, a panel discussion with Chief Judge Williamson, along with Bankruptcy Judges Cynthia Jackson and Arthur Briskman

Click here for the CFBLA quarterly report.

Southwest Florida Bankruptcy Professional Association member and Past-President Gregory A. Champeau of Naples will be recognized by the Legal Aid Service of Collier County with the Outstanding Pro Bono Service Award at its 8th Annual Barrister’s Bash, which will be held on April 28, 2016, at the Hilton of Naples. Congratulations, Greg.

Click here for SWFBPA's update.