Local Rule 1071-1: DIVISIONS – BANKRUPTCY COURT

Rule 1071-1 DIVISIONS – BANKRUPTCY COURT

(a) Middle District of Florida. The Middle District of Florida is comprised of the counties designated in 28 U.S.C. § 89.

(b) Divisions. The Middle District is divided into four Divisions:

(1) Jacksonville Division. The Jacksonville Division is comprised of the following counties: Baker, Bradford, Citrus, Clay, Columbia, Duval, Flagler, Hamilton, Marion, Nassau, Putnam, St. Johns, Sumter, Suwannee, and Union. The Court will conduct hearings in Jacksonville.

(2) Orlando Division. The Orlando Division is comprised of the following counties: Brevard, Lake, Orange, Osceola, Seminole, and Volusia. The Court will conduct hearings in Orlando.

(3) Tampa Division. The Tampa Division is comprised of the following counties: Hardee, Hernando, Hillsborough, Manatee, Pasco, Pinellas, Polk, and Sarasota. The Court will conduct hearings in Tampa.

(4) Fort Myers Division. The Fort Myers Division is comprised of the following counties: Charlotte, Collier, DeSoto, Glades, Hendry, and Lee. The Court will conduct hearings in Fort Myers or as determined by the presiding judge.

(c) Appropriate Division. A petition commencing a bankruptcy case must be filed in the appropriate Division. The appropriate Division is the Division:

(1) in which the debtor's domicile, residence, principal place of business, or principal assets (A) were located for the 180 days immediately preceding the filing of the petition, or (B) for a longer portion of the 180-day period than in another Division; or

(2) in which there is a pending case under the Bankruptcy Code concerning such person's affiliate, general partner, or partnership.

(d) Transfer of Case to a Different Division. Upon motion of any party in interest or the Court's own motion, the Court may order that the case be transferred to a different Division if the Court determines that the transfer is in the interest of justice or for the convenience of the parties.

_______________________ Notes of Advisory Committee 2025 Amendment This amendment revises section (c) to clarify that the Court does not assign cases to Divisions. Instead, it is the responsibility of the debtor or petitioning creditors to file a petition in the appropriate Division. Other changes are stylistic. This amendment to the rule is effective August 15, 2025.

2021 Amendment This amendment revises section (c) on division assignments to mirror the language of 28 U.S.C. § 1408 regarding venue. This amendment to the rule is effective August 1, 2021.

2014 Amendment This amendment changes the assignment of Volusia County from the Jacksonville Division to the Orlando Division so as to be consistent with the designation of Divisions of the United States District Court for the Middle District of Florida. Section (c) clarifies the Court's procedure of assigning cases to the appropriate division based upon the information set forth on the bankruptcy petition. This amendment to the rule is effective August 1, 2014.

1997 Amendment This amendment conforms the existing Local Rules to the uniform numbering system prescribed by the Judicial Conference of the United States and to the model system suggested and approved by the Advisory Committee on Bankruptcy Rules of the Judicial Conference's Committee on Rules of Practice and Procedure. In renumbering the Local Rules to conform to the uniform numbering system, no change in substance is intended. This amendment to the rule was effective on April 15, 1997.

This rule was formerly Local Rule 1.03. The Advisory Committee Notes to the superseded rules may be helpful in interpreting and applying the current rules.

1995 Amendment This amendment abolishes the Ocala Division as a separate, freestanding division of the Court and reassigns to the Jacksonville Divisions the counties that presently comprise the Ocala Division. Because of the lack of facilities available to the Court in Ocala, bankruptcy court has not been conducted in Ocala for some considerable period of time. For this reason, cases from counties comprising the Ocala Division have been treated by the Court as filed in and assigned to the Jacksonville Division. In March 1994, the Judicial Conference of the United States deleted Ocala from the List of approved places for holding bankruptcy court. This amendment, therefore, merely conforms the Local Rules to existing practice.

These amendments to the rule were effective on February 15, 1995.