At Last, Uniformity Within All 4 Bankruptcy Divisions of the Middle District of Florida
Great news from the Federal District Court for the Middle District of Florida. After much conferencing with all the Judges within the 4 Bankruptcy Court Divisions within the Middle District of Florida (which includes Jacksonville, Orlando, Tampa and Fort Myers), we now have, effective September 1, 2015, a Uniform Model Chapter 13 Plan and a new Uniform Order establishing duties of the Debtor and Trustee.
Not only is it now uniform (which is a huge improvement), but there are also some pointed changes to be aware of benefitting Creditors including, but not limited to: Mandatory interim adequate protection payments while a request for a mandatory mortgage modification mediation is pending; Automatic stay relief as to the real property or personal property itself when the property/personalty is being paid directly or surrendered in the Chapter 13 Plan. Moreover, automatic co-debtor relief from the automatic stay both as to the real property and personalty when the Plan provides for surrender or direct pay.
The new Administrative Order also provides that “[t]he automatic stay is modified to permit creditors whose claims are secured by mortgages on Debtor’s real property to communicate directly with Debtor in good faith regarding the possible modification or refinance of the mortgage obligation.”
Our bankruptcy attorneys and creditors’ rights department are here to help you navigate in the uncharted waters of bankruptcy.