UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF FLORIDA
www.flmb.uscourts.gov
In re
ADMINISTRATIVE ORDER Administrative Order
PRESCRIBING PROCEDURES FOR FLMB-2020-7
CHAPTER 13 CASES FILED ON OR
AFTER AUGUST 1, 2020
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ADMINISTRATIVE ORDER PRESCRIBING PROCEDURES
FOR CHAPTER 13 CASES FILED ON OR AFTER AUGUST 1, 2020
This Administrative Order establishes uniform procedures for all Chapter 13 cases filed in this District on or after August 1, 2020. Accordingly, it is
ORDERED:
Debtor’s failure to timely make payments to the Chapter 13 Trustee (the “Trustee”) or to comply with any of the other requirements of this Order may result in dismissal or conversion of the case.
1. Additional Information Required to be Filed with the Court. No later than 14 days from the petition date, Debtor shall file with the Court the lists, statements, and schedules required by Rule 1007.
2. Service of this Administrative Order to Debtor. Debtor’s attorney or, if Debtor has no attorney, the Trustee shall provide a copy of this Administrative Order to Debtor within seven days of the petition date.
3. Chapter 13 Plan. No later than 14 days from the petition date or the date the case converts to Chapter 13, Debtor shall file a Chapter 13 plan (the “Plan”) using the Middle District of Florida’s Model Chapter 13 Plan available on the Trustee’s and the Court’s website, www.flmb.uscourts.gov. (Note: do not use the Official Chapter 13 Plan, Form No. B113). Any modifications to the Model Chapter 13 Plan shall be included in the “Nonstandard Provisions” section of the Plan. Plans that are filed with the petition will be served on creditors by the Clerk; if the Plan is not filed with the petition, Debtor shall serve a copy of the Plan upon all parties in interest and promptly file a proof of service.
*All references to “Debtor” shall include and refer to both debtors in a case filed jointly by two individuals.
**All references to “Plan” shall include any amended plan, which shall supersede all previously filed plans.
***All statutory references are to the Bankruptcy Code, Title 11 of the United States Code, unless otherwise noted. References to rules are to the Federal Rules of Bankruptcy Procedure.
4. Plan Payments. Payments under the Plan shall be made through the Trustee’s office and shall include all payments to secured creditors that will come due after filing the petition (and will serve as adequate protection to such creditors) as follows:
a. For claims secured by real or personal property that are valued in the Plan, the monthly Plan payment shall include adequate protection payments based upon the proposed value of the collateral with interest.
b. For claims secured by mortgages for which the Plan proposes mortgage modification mediation (“MMM”) Debtor shall file a motion seeking MMM no later than 90 days from the petition date or the date the case converts to Chapter 13. Information and forms related to MMM are available in the Court’s Procedure Manual on the Court’s website, www.flmb.uscourts.gov. Unless otherwise ordered by the Court, the monthly Plan payment on mortgages for which the Plan seeks MMM shall include:
i. For homestead properties, until the MMM is concluded, the lesser of:
A. 31% of gross monthly income of Debtor and non-filing spouse, if any (after deducting homeowner association fees), or
B. The normal monthly contractual mortgage payment.
ii. For non-homestead, income-producing property, until the MMM is concluded, 75% of the gross rental income generated from the property.
c. For executory contract or lease claims for real or personal property, the monthly Plan payment shall include adequate protection payments equal to the regular monthly contractual payment. If there are prepetition arrearages, the Plan shall provide for the prompt cure of arrearages.
d. If Debtor is successful in obtaining a mortgage modification at any time during the case, payments on the modified mortgage shall be paid through the Plan.
e. If the MMM does not result in a modified mortgage, then within 14 days of the filing of the mediator’s final report, Debtor shall file an amended or modified Plan that proposes treatment of the mortgage claim and the appropriate payment, if any.
f. For claims secured by mortgages for which the Plan proposes to cure prepetition arrearages, the Plan payment shall include the regular postpetition contractual payment and the total arrearages paid in monthly installments over the term of the Plan.
g. The Plan payment need not include postpetition payments on claims secured by property to be surrendered in the Plan or by junior liens on Debtor’s principal residence that Debtor intends to value and to strip.