UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

 

 

Administrative Order 99-8

In Re:

MODIFICATION OF PROCEDURES

FOR ASSIGNING DIVISIONAL VENUE

OF SPECIFIED "NORTH DADE"

CHAPTER 13 CASES

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Pursuant to Local Rule 1073-1(A), individual debtor cases are assigned to the division where the "street address of debtor" is located according to the petition. The Court, upon review of this judicial assignment procedure has determined that, due to the far greater number of cases filed in the Miami Division, an unequal distribution of chapter 13 cases among the judges in the Miami and Ft. Lauderdale Divisions has occurred. The Court, having determined that an equal distribution of cases contributes to judicial efficiency and economy, ORDERS as follows:

1. Effective January 1, 2000, Local Rule 1073-1 (A)(1) shall not apply to any new chapter 13 petition filed where the street address of the debtor contains one of the following zip codes: 33015, 33054, 33055, 33056, 33160, 33161, 33162, 33167, 33168, 33169, 33179, 33180, or 33181. Instead such cases shall be assigned to the Ft. Lauderdale Division and shall be designated as "North Dade Chapter 13 Code 5" cases.

2. Except as provided in Local Rule 1073-1 (B)(2), cases assigned to the Ft. Lauderdale Division pursuant to paragraph one of this order shall be assigned on a blind rotation basis to Judge Paul G. Hyman and Judge Raymond B. Ray.

3. Such cases shall be assigned sequential five digit case numbers (following the two digit year designation) which will begin with the North Dade Chapter 13 Code "5", (e.g. 00-50001).

4. Nancy Herkert, standing Miami Division chapter 13 trustee, will continue to serve as trustee for the "North Dade Chapter 13 Code 5" cases.

5. All §341 meetings for "North Dade Chapter 13 Code 5" cases shall be set in the Miami Division. Motions and Contested Confirmation hearings will be set for hearing in the Ft. Lauderdale Division.

6. "North Dade Chapter 13 Code 5" petitions may be filed in either the Miami or Ft. Lauderdale clerk’s offices. Subsequent papers for these case (except for claims which are filed in Miami) shall be filed in the Ft. Lauderdale Division.

7. If a "North Dade Chapter 13 Division Code 5,’ case converts to another chapter, it shall remain in the assigned Ft. Lauderdale Division.

8. This order applies only to chapter 13 cases filed after the effective date of this Order, January 1, 2000. Chapter 7,11 or 12 cases with "North Dade" zip codes will not be reassigned even if they convert to chapter 13 after the effective date. Similarly, "North Dade" chapter 13 cases assigned to the Miami Division before the effective date of this Order will not be reassigned if they are closed and reopened after the effective date.

9. The court will periodically review the assignment procedure implemented by this Order in an effort to achieve and maintain an equal distribution of chapter 13 cases amongst the judges.

ORDERED in the Southern District of Florida on November 12, 1999.

 

ROBERT A. MARK

Chief United States Bankruptcy Judge

 

c:All SD Bankruptcy Judges

Clerk of Court

David Butler, U.S. Trustee, Region 21

Robert Angueira, Asst. U.S. Trustee

Robin Weiner, Ft. Lauderdale standing chapter 13 trustee

Nancy Herkert, Dade standing chapter 13 trustee