The Middle District of Florida has a new Chief Bankruptcy Judge. The Honorable Karen S. Jennemann replaced Judge Paul Glenn and commenced her four year term on October 1, 2011. Chief Judge Jennemann sits in the Orlando Division of the Middle District. To assist with Chief Judge Jennemann's caseload, as she now takes on the administrative duties of Chief Judge, the Honorable Benjamin Cohen of the Northern District of Alabama has been approved to sit with the Bankruptcy Court for the Middle District of Florida. Judge Cohen has already began assisting the Orlando Division. We look forward to working with Judge Cohen and learning his preferences and particularities.
Chief Judge Jennemann has said one of her first priorities will be effectuating greater uniformity to Middle District bankruptcy practice. Currently the Middle District of Florida, the second busiest bankruptcy court in the nation, consists of three divisions: Tampa, Jacksonville, and Orlando; and one sub-division: Ft. Myers. There are eight permanent judges, and with the addition of Judge Cohen, three judges loaned from other states. Each of the three major divisions in the Middle District have often acted as independent districts, with rules dictated by administrative orders, or just traditional practice. This can be confusing to the participants in the bankruptcy process, and result in errors, delays, and confusion.
Chief Judge Jennemann's first step in her effort to create a uniform practice in the Middle District affects Jacksonville. Starting January 1, 2012, Jacksonville negative-notice Motions for Relief will have the same negative-notice time as Tampa and Orlando. Now a Motion for Relief filed on negative notice in Jacksonville will be eligible for default 21 days from the date of filing. Future steps will include a uniform model Chapter 13 plan, and uniform rules for mediations for mortgage modifications.
We believe uniformed rules and procedures in the Middle District Bankruptcy Courts will lead to more efficiency, certainty, and will ultimately benefit creditors. We will continue to keep our clients informed of significant changes in practice and procedure, and as always look forward to fielding any questions or concerns.
If you have any questions on this matter, please contact Mr. Damian A. Valladares, Esq. Damian is an associate attorney practicing in the Real Estate Default Group of Weltman, Weinberg & Reis Co., LPA, focused on bankruptcy services. Based in the Ft. Lauderdale, Florida office, Damian can be reached at 954.740.5234 and dvalladares@weltman.com.