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

TBBBA Past Presidents' Reception

July 21

University Club

*

ABI Southeast Bankruptcy Workshop

July 21 - July 24
Ritz Carlton - Amelia Island

*

IWIRC Luncheon

July 22
Ritz Carlton - Amelia Island

*

OCBA Bankruptcy Seminar

July 29
OCBA Center, Orlando

*

JBBA Annual Seminar

August 26

Sawgrass Marriott, Ponte Vedra Beach

*

CFBLA Clerks' Appreciation 

Luncheon

September 14

Citrus Club, Orlando

In the Spotlight: Awards and Recognition

The Tampa Bay Bankruptcy Bar Association presented Stetson student Correy Karbiner with the Alexander L. Paskay Award.

Pictured below: Chief Judge Williamson presenting the award.

July 7, 2016 marked the ten-year anniversary for Lee Ann Bennett as Clerk for the Middle District of Florida Bankruptcy Court. 

Click here to read more.

Judges' Corner Inside the lives of our judges

Judge Delano celebrates her 8th Anniversary on the bench; 

Judge McEwen shares pictures from some of her travels; 

and Judge Colton takes "center stage" at her Investiture Ceremony and reception held July 15, 2016.

Click here to read more and see more photos!

Update from the Clerk's Office

New Reports and Procedures:

* Newly Filed Cases not in CM/ECF (Paper) Report is now live

A new report is now available to assist agencies with locating new cases filed in paper format that are not yet entered into the Court’s electronic filing system (CM/ECF). The Clerk’s office strives to enter any cases filed in paper into CM/ECF within 24 hours of filing. 

Click here for more information and to see an example of the report.

* Enhanced Corrective Action Process Coming Soon

Please note that an enhanced Corrective Action Process will go into effect on August 1, 2016. If you receive an email from the Court, please review it carefully to determine if you are required to take any additional action.

Click here for more information.

Forms and Rules:

* Federal Bankruptcy Rule 3015 and new Rule 3015.1 Published for Public Comment

On July 1, 2016, the Judicial Conference Advisory Committee on Bankruptcy Rules published a proposed amendment to Bankruptcy Rule 3015 and a new Rule 3015.1 and requested that they be circulated to the bench, bar, and public for comment.  

The proposed amendments, rules committee reports explaining the proposed changes, and instructions on how to submit comments are posted on uscourts.gov. 

The public comment period ends on October 3, 2016.

Court Committee Reports

District-Wide Steering Committee:

In the second quarter of 2016, the Judges reviewed the Steering Committee’s Report and Recommendations on the Topic of Unbundling Services (the “Report”) and requested that the Local Rules Committee consider amending Local Rule 2090-1 to include provisions for coverage attorneys during the next Local Rules cycle. The Judges agreed with the Steering Committee’s suggestion in the Report that attorneys be allowed to use the form “Notice of Limited Appearance on Behalf of Coverage Attorney” currently being used in the Orlando Division. A copy of the form will be placed on the Court’s website.  

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 any items for the October edition by September 30, 2016 to newsletter@flmb.uscourts.gov

Out of Tragedy Comes Love

By: Lee Ann Bennett, Clerk of Court

On June 12, 2016, tragedy hit Orlando and the nation when a gunman killed 49 people and injured 53 others inside the Pulse nightclub. The deadliest act of violence since September 11, 2001, happened in our community. Orlando Mayor Buddy Dyer stated, “We will be defined by how we respond, how we treat each other.” Oh how we have responded! From numerous vigils, not only in Orlando, but in cities across the nation and in other countries, to blood drives, interfaith services, and several memorials. Many of our court staff attended the vigils and participated in other events to support the victims and our community.  

In addition, fund drives (GoFundMe and OneOrlando) have raised millions of dollars for the victims, a record for GoFundMe. Love and support have been overwhelming in this city we love. It was so fitting that a beautiful rainbow appeared over the city during a vigil attended by 50,000 people held at Lake Eola.

Click here for the rest of the article.

Trustee Spotlight:

Meet Leigh R. Meininger, Chapter 7 Panel Trustee, Orlando

By: Jill Kelso, Trial Attorney, Office of the U.S. Trustee, Orlando

Leigh R. Meininger is a Chapter 7 Panel Trustee for the Middle District of Florida, Orlando Division. Leigh, who was born in Buffalo, New York, is a second career attorney. Before graduating from the University of Florida with Masters of Accounting and Juris Doctor degrees in 1988, Leigh worked in various businesses and held accounting positions with Arthur Andersen & Co., Associates Corporation of North America, Aristar, Inc., and John Alden Life Insurance Company. 

Leigh received his appointment to the panel in 1988, right after graduating from law school. He had no prior bankruptcy experience. In addition to serving as a chapter 7 trustee, Leigh has also represented debtors, creditors, and other interested parties in chapter 7, 11, and 13 bankruptcy cases and other bankruptcy matters.

In speaking about his position as a chapter 7 trustee, Leigh stated that, “[w]hat I like about being a trustee is that it involves numerous areas of law (i.e., family, contracts, real estate, personal injury, etc.), and it allows me to utilize my experiences in accounting and business. Each case is a new and a separate experience. Although many cases are routine, I am frequently assigned cases that challenge my legal and business knowledge.”

On a personal note, bankruptcy is a family matter for the Meiningers. Leigh has been married to his wife, Joni, for 59 years. Joni has worked as his case manager throughout the duration of Leigh’s appointment as a chapter 7 trustee. Leigh and Joni have six children, two of whom are bankruptcy lawyers, 17 grandchildren, and 2 great-grandchildren. Leigh’s son, John, practices bankruptcy law in Orlando, and his son, Stephen, is a bankruptcy lawyer and chapter 7 panel trustee in Tampa. In addition, Leigh’s son-in-law, Robert Ewald, is the president of Ewald Auctions, Inc., which has handled numerous bankruptcy auctions. 

Click here for the full article.

Pro Bono Corner Helping the legal community

Pro Bono Clinic 

Volunteer Spotlight: Michael Barnett

Barnett Wins First Ever TBBBA Pro Bono Service Award

By: The Honorable Catherine Peek McEwen

The Tampa Bay Bankruptcy Bar Association announced during its annual dinner in June that it has instituted an annual Pro Bono Service Award. Its inaugural winner was a no-brainer: Michael Barnett. “It is not surprising that Michael Barnett is the first recipient of the TBBBA Pro Bono Service Award,” said Chief Judge Michael G. Williamson. “Throughout his career he has demonstrated an outstanding commitment to volunteer legal services for debtors who have not had the resources to retain counsel. His commitment and energy in the delivery of pro bono serves as a model for others in the legal profession. Thanks Mike! We appreciate all you do for our Court and the public it serves.”

Click here to read the full article.

Judge McEwen's Make-Me-Smile Moments and Shout-outs

High fives for open court volunteerism go to:

• Lynn Sherman for volunteering to take a student loan dischargeability action
•  Frank Principe for volunteering to help a pro se debtor complete some petition package paperwork that the debtor’s petition preparer failed to provide

The Tampa Division also thanks Shawn Yesner for taking on an adversary proceeding through the Court’s Legal Assistance Program for Low-Income Individuals. 

Are you interested in tapping into such an opportunity, which may lead to hard-to-come-by trial time for board certification? Go here for more info and to print out a sign-up sheet:  http://www.flmb.uscourts.gov/legal_assistance/

New Hours for TBBBA Courthouse Clinic

The new hours for the courthouse clinic operated by the Tampa Bay Bankruptcy Bar Association (thanks, TBBBA!) are Mondays and Wednesdays from 1-4 p.m. in the 9th floor attorney lounge. 

In a given year, we will need 312 hours of volunteer time (to staff 6 hours of clinic time per week). If just 50 people signed up for 6 hours of duty, we’d be totally covered. Reminder: The Florida Bar’s aspirational goal, which must be reported with each bar year renewal, is 20 hours.

Go here for the July calendar open spots:  http://www.signupgenius.com/go/20f0a4eafad28a1f58-july

Go here for the August calendar open spots: http://www.signupgenius.com/go/20f0a4eafad28a1f58-august

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, Inc. v. Ritz
136 S. Ct. 1581, 62 Bankr. Ct. Dec. 156, 26 Fla. L. Weekly Fed. S 135 (S. Ct. May 16, 2016)

Eleventh Circuit Cases

Johnson v. Midland Funding, LLC
2016 WL 2996372 (11th Cir. May 24, 2016)

Bankruptcy Court Cases

In re Mitchell
2016 WL 3003440 (Bankr. M.D. Fla. May 17, 2016) (Glenn, J.)

In re Electric Maint. & Constr., Inc.
2016 WL 2985025 (Bankr. M.D. Fla. May 19, 2016) (Delano, J.)

In re Woide
2016 WL 3537468 (Bankr. M.D. Fla. June 22, 2016) (Briskman, J.)

In re American Managed Care, LLC
2016 WL 3621534 (Bankr. M.D. Fla. June 28, 2016) (May, J.)

Click here for the Complete Case Law Update.

Local Bar Associations News and events from your local bar association

On June 22, 2016, the JBBA had its annual meeting at the River Club and installed its officers for the 2016-2017 year: Katie Fackler, President; Dan Blanks, Vice President; John Freeman, Treasurer; James Eidson, Secretary; and Kevin Paysinger, Chairman. The JBBA will hold its annual seminar on Friday, August 26, 2016 at the Sawgrass Marriott in Ponte Vedra Beach, Florida. Please contact the JBBA’s Executive Administrator, Allison Abbott, at info@jaxbkybar.com for additional information. 

OCBA Bankruptcy Law Committee Major Seminar is July 29th, 2016. Check out the agenda below:

9:15 am - 10:15 am - Charlie Price – “Your Client can’t pay the IRS, now what?” A practical approach to solving IRS problems

10:15 am - 11:15 am - Elizabeth McCausland, Esq. – “The times are changing and so are retainer agreements”

11:15 am - 12:15 pm - Megan Johnson Judd, President of Metropolis Real Estate – “History of appraisals and their role in our financial system and how best to ‘use’ an appraiser in the courtroom”

12:45 pm - 1:45 pm - Jill Kelso, Esq. and Elena Escamilla, Esq. – “Discussion on issues related to the dismissal of chapter 7 bankruptcy cases, including recent case law addressing the means test and the totality of the circumstances/bad faith under section 707(b)(3). Discussion of issues related to competence and ethics in bankruptcy”

Click here for the full agenda.

CFBLA is keeping the summer hot with activity.

A big “Thank You” to our newest Judge, The Honorable Roberta A. Colton, for allowing our group to get to know her a bit better at our June monthly meeting. We’re delighted to have her calling Orlando home.

CFBLA has a big July scheduled with Akerman’s Ed Foster presenting “Capturing Unicorns: Collecting Judgments in Florida and Other Difficult Tasks.” It’s not too late to sign up for what promises to be an entertaining and informative program on Thursday, July 21, 2016. 

Click here for information on all the other upcoming events!

On June 23rd, the TBBBA held its annual Installation Dinner at the Centre Club. The 2016-2017 officers and directors installed were: 

• Chair - Adam Lawton Alpert
• Vice President - Scott Stichter
• Secretary - Suzy Tate
• Treasurer - Lori Vaughan
• CLE - Jake Blanchard
• CLE - Kathleen DiSanto
• Community Service/Pro Bono - Tim Sierra
• Community Service/Pro Bono - Barbara Hart
• Cramdown newsletter- Noel Boeke
• Judicial Liaison - Denise Barnett
• Consumer - Brad DeBeaubien
• Membership - Patrick Mosley
• Technology - Steven Wirth
• Historian - Megan Murray

The Southwest Florida Bankruptcy Professional Association will hold its monthly membership meetings commencing at noon in the Jury Assembly Room, United States Courthouse & Federal Building, Fort Myers, FL on the following dates:

• July 28, 2016
• August 25, 2016 - Michael J. Corso, Esq. of Henderson, Franklin, Starnes & Holt, P.A., will present Minefields of A Law Practice: Avoiding Malpractice
• September 22, 2016 - Joy Augustine and Gwen Hutto, of Read & Kelley Estate Services, LLC, will present on personal property appraisal in bankruptcy

Local Bar Events Across the Middle District

Click here for the complete list with event descriptions.

UPCOMING BAR EVENTS

Fort Myers

July 28 @ 12:00 pm             Monthly Luncheon                        

Aug. 25 @ 12:00 pm            Monthly Luncheon

Sep. 22 @ 12:00 pm            Monthly Luncheon

Orlando                                      

July 21 @ 12:00 pm             CFBLA Luncheon

July 28 @ 11:30 am             OCBA Monthly Luncheon

July 29 @ 9:00 am              OCBA Major Seminar

Aug. 18 @ 12:00 pm            CFBLA Monthly Luncheon

Aug. 25 @ 11:30 am            OCBA Monthly Luncheon

Aug. 26 @ 12:00 pm            OCBA Bankruptcy Section Meeting

Sep. 14 @ 12:00 pm            CFBLA Clerks' Appreciation Lunch 

Sep. 22 @ 12:00 pm            OCBA Bankruptcy Section Meeting

Sep. 30 @ 12:00 pm            OCBA Bankruptcy Annual Seminar 

Oct. 23 - Save the Date!       CFBLA Fall Festival

Tampa

July 21 @ 5:30 pm               TBBBA Past Presidents' Reception

Sep. 7 @ 12:00 pm              Monthly CLE Luncheon

Sep. 21 @ 12:00 pm            Judge McEwen’s Brown Bag:           CLE Ethics Credit                   Topic: Professionalism

Nov. 17 @ 12:00 pm            Judge McEwen’s Brown Bag

Jacksonville

July 22 @ 12:45 pm             IWIRC Luncheon

August 26                           JBBA Annual Seminar