Update March 8th, 2022-
Geopolitical tensions and inflation are causing fuel prices to sky rocket. The U.S. average price is currently $4.00 and still rising. It is predicted to reach $4.25 by memorial day which would break the previous record of $4.10.
Update March 23rd, 2022-
The National Average record has been broken by reaching $4.24 just 4 days before memorial day.
After 28 years, Judge Jerry A. Funk retired on November 2, 2021. He was a Judge for United States bankruptcy court, Middle District of Florida, in the Jacksonville Division.
A few changes to the Federal Rules of Bankruptcy Procedure became effective on December 1, 2021. The most noteworthy change relates to Bankruptcy Rule 9036, which addresses notice and service by electronic transmission.
- Bankruptcy Rule 2005 – Bankruptcy Rule 2005 generally deals with the apprehension and removal of a debtor to compel attendance at an examination regarding the administration of the bankruptcy estate. Upon motion of a party in interest supported by an affidavit regarding the necessity of the examination and the risk of the debtor’s flight, the court may issue to the marshal or another officer of the court an order to bring the debtor before the court without unnecessary delay. The amendment to Bankruptcy Rule 2005(c) fixes a technical error related to the conditions of release of the debtor. The technical error arose in connection with the repeal and replacement of certain provisions under the Bail Reform Act of 1984, and the new reference to 28 U.S.C. § 3142 now properly tracks the conditions for release and gives the court discretion to consider only the “relevant” provisions of that section.
- Bankruptcy Rule 3007 – Bankruptcy Rule 3007 covers the procedure for objecting to claims, and Bankruptcy Rule 3007(a) addresses the timing and manner of service of such objections. The amendment to Bankruptcy Rule 3007(a)(2)(A)(ii) clarifies that the specialized service requirements of Bankruptcy Rule 7004(h) apply only to insured depository institutions as defined in Section 3 of the Federal Deposit Insurance Act. In other words, institutions insured by the Federal Deposit Insurance Corporation are covered by Bankruptcy Rule 7004(h), which generally requires service by certified mail addressed to an officer of the institution, subject to limited exceptions. Institutions not insured by the FDIC, such as credit unions, may be served by first-class mail sent to the person designated for receipt of notice on the proof of claim.
- Bankruptcy Rule 7007.1 – Bankruptcy Rule 7007.1 applies in adversary proceedings and generally deals with the requirement that a party file a disclosure listing the party’s parent corporation, if any, and publicly held corporations owning 10% or more of the party’s stock. The rule is used to assist the court in determining whether the assigned judge should be disqualified under Canon 3C(1)(c) of the Code of Conduct of United States Judges. The amendment makes clear that the Bankruptcy Rule 7007.1 applies to non-governmental corporations and also provides for supplementation of the notice when the information required by the rule changes.
- Bankruptcy Rule 9036 – Bankruptcy Rule 9036 addresses notice and service by electronic transmission. When the bankruptcy rules require or permit sending a notice or serving a paper, Bankruptcy Rule 9036 provides for certain documents to be served electronically. The amendments to Bankruptcy Rule 9036 are designed to deal with high-volume paper- notice recipients. The clerk is now allowed to send notice or serve registered users by using CM/ECF (the court’s electronic-filing system) and also may serve any recipient by electronic means if the recipient had consented to such electronic notice in writing, subject to certain exceptions. The amended rule further clarifies that electronic notice or service is complete upon sending and that it is the recipient’s responsibility to keep its electronic address current with the clerk.
On Aug. 6, 2021, the U.S. Department of Education announced a final extension of the student loan payment pause until Jan. 31, 2022. The payment pause suspended loan payments and interest rates. If you have outstanding student loans you should anticipate resuming payments after Jan. 31, 2022.
Florida Statute 95.11 governs when a creditor can present an action to recover. In general a creditor has 5 years to present their claim (some types of debts have different statute of limitations). The Fair Debt Collections Practices Act prohibits collectors from taking action to collect a debt they cannot legally take. Some actions you may take such as making a payment on an old debt may pause or toll the statute of limitations so it is important to consult with an attorney and carefully review any debt for which a creditor is attempting to collect.
The US Supreme Court has ended the CDC Eviction Moratorium today specifying that a federally imposed moratorium should be should be authorized by Congress in order to continue. If you are currently facing eviction be sure to speak with an attorney so that they can explain your legal options to you.
Florida Bar Presidents Award Winner!
Held every year, this was one of the first I attended without Judge Paskay as a speaker. Our newly appointed Judge Delano (Middle District of Florida Fort Myers Division) was present along with nearly every Judge from the Middle District of Florida: Judge Jenneman, Judge Hyman, Judge Specie, Judge Glenn, Judge Williamson, Judge May, Judge McEwen, Judge Jackson.
A lot of consumer issues were reviewed. I’ll update my blog to present some of these issues for anyone keeping tabs..
Did you know that you can received a court ordered modification mediation in Bankruptcy?
Many bankruptcy filers are having great success in having their mortgage modified at a bankruptcy court ordered mediation. A financial disclosure is required and the bank is required to appear in good faith and evaluate which modification programs you qualify for. The Mediator oversees the process and makes sure that all parties are doing the best they can to reach a modification.
If you have been having problems modifying your mortgage this is an additional option! Talk to a bankruptcy attorney today to inquire about how you can get a successful mortgage modification mediation!
On occasion I have a Debtor who asks me if filing a bankruptcy will stop thier divorce or support case. When a chapter 7 or 13 bankruptcy case is filed, an automatic stay immediately goes into effect stopping all creditors from proceeding with attempts to collect from the Debtor. This automatic stay does not apply to family law matters and exceptions are carved out under Bankruptcy Code Section 362(b)(2)(A). The code specifically provides that the filing of a bankruptcy does not operate as a stay to civil action proceedings including but not limited to proceedings for the establishment of paternity and establishment or modification of an order for Domestic Support Obligation such as child support. There many other exceptions, if you have questions contact a good bankruptcy attorney.