Judge Mindy A. Mora

Divisional Office:

Announcement:

Effective immediately, all remaining pretrial calendar dates for 2020 will be posted here. To continue a pretrial conference, attorneys should file an appropriate motion seeking a continuance to one of the dates listed below. If anybody needs a pretrial date in 2019, please contact Maria Romaguera at (561) 514-4109 for the date.

2020 DATES	TIME	2020 DATES	TIME
April 7	10:00 am	September 16	10:00 am
May 12	10:00 am	October 7	10:00 am
June 9	10:00 am	November 18	10:00 am
July 14	10:00 am	December 9	10:00 am
Aug 11	10:00 am

For detailed guidance on how to submit appropriate orders, please consult Judge Mora's Checklist to Avoid Resubmit Requests.

Judge Tabs

Address/Contact

LOCATION

UNITED STATES BANKRUPTCY COURT
Flagler Waterview Building
1515 North Flagler Drive, 8th Floor
Courtroom: A
West Palm Beach, FL 33401

LAW CLERK

Tara Trevorrow

Nicole McLemore

COURTROOM DEPUTY

Maria Romaguera-Serfaty
(561) 514-4109

Practice Tips

Courtroom Decorum

Whether or not the Judge is presiding, while at the courthouse (including during meetings of creditors under section 341 of the Bankruptcy Code) counsel and other persons should conduct themselves professionally, with appropriate respect for the Court, members of the Clerk’s Office, trustees, counsel to the United States Trustee, courthouse staff, opposing counsel, litigants, and witnesses. The Court’s Guidelines for Courtroom Decorum, which are posted on the Court’s website, will be strictly enforced.
Mobile phones may not be used in the courtroom at any time when court is in session except that counsel may use mobile phones to consult their personal calendars as necessary. Court is in session at any time the proceedings are being recorded even if the Judge is not presiding.
Personal conversations are to be conducted outside the courtroom when court is in session. Mobile phones and any other device that makes noise must be turned off, or placed in vibrate mode, while court is in session.

Procedures/Information

No Ex Parte Communications

Judge Mora does not engage in any kind of communication with parties before the Court except on the record in the courtroom and through documents filed with the Clerk and orders entered by the court. Bankruptcy Rule 9003 prohibits such ex parte communication with the Judge by any party in interest regarding any matter affecting a case. Failure to comply with this rule may result in sanctions.
DO NOT write letters to, e-mail, or call Judge Mora, her law clerks, the Courtroom Deputy, or any member of the Clerk's office. Except in unusual circumstances, each letter or e-mail addressed to Judge Mora or her law clerks or otherwise sent to the court and identifying a particular case or proceeding will be placed on the relevant docket and made part of the public record. Any such letter or e-mail may be set for hearing.

Local Rules and Forms; Administrative Orders

The Local Rules, Administrative Orders, and Local Forms are posted on the Court’s website. Judge Mora expects that all counsel and pro se parties appearing before the Court will be familiar with these documents as updated and amended from time to time.

No Attorney

Individuals Appearing without Counsel (Pro Se)

If you are an individual appearing without a lawyer (pro se), you should review the Court’s Pro Se web page. Pro se parties must comply with the Bankruptcy Code, the Bankruptcy Rules, the Federal Rules of Evidence, and the Local Rules of this Court. Copies of the Local Rules are available on the Court’s website.
The Judge, the Judge’s law clerks, and members of the Clerk’s Office are not permitted to provide legal advice of any kind. DO NOT contact the Judge, the Judge’s law clerks, or any person in the Clerk’s Office other than the Courtroom Deputy for any purpose. You may contact the Courtroom Deputy solely to address scheduling concerns or to arrange a telephonic appearance when permitted by the Court.
If you file a complaint, motion, or objection with the Court, it must clearly explain what you want the Judge to do and why. You must also send a copy of any such document and, if you are the movant, a copy of any notice of hearing issued by the court, to all people and companies entitled to receive them under the relevant rules.

Telephonic Appearance

UNDER NO CIRCUMSTANCES MAY ANY PARTICIPANT RECORD OR BROADCAST THE PROCEEDINGS CONDUCTED BY THE BANKRUPTCY COURT

CourtSolutions is used for all telephonic hearings www.court-solutions.com/SignUp and by telephone at (917) 746-7476. Participants must arrange for their telephonic appearance no later than 3:00 p.m. prevailing Eastern Time on the court day prior to the hearing date.

Guidelines

Arranging Telephonic Appearances

Hearings by Video Conference

GENERAL PROCEDURES FOR HEARINGS BY VIDEO CONFERENCE [pdf]

Unless ordered otherwise, the following procedures apply to all hearings scheduled as video conferences:

1. VIDEO CONFERENCE. The hearing will take place only by video conference. Do not go to the courthouse. Attorneys must advise their clients and witnesses not to appear at the courthouse. The video conference will be conducted using the services of Zoom Video Communications, Inc. Zoom will provide a password-protected link for the appropriate Zoom video conference to those who register to participate in accordance with paragraph 2 below and who have been approved by the Court. All participants must conduct a pre-hearing test of Zoom using the same equipment that they intend to use during the hearing.

2. REGISTRATION FOR VIDEO CONFERENCE. Each person wishing to participate in the hearing by video conference must register for the video conference using the web address provided in the notice of hearing generated by the Court or provided in the Court order scheduling the hearing. Participants must register at least 24 hours prior to the hearing, except for hearings set on an emergency basis, in which case participants must register at least one hour prior to the hearing. If the Court sets more than one matter for hearing by video conference at the same date and time, participants must register for the video conference only once for each case (including jointly administered cases) and may be heard on all matters set during the video conference.

3. LIMIT ON PARTICIPATION BY VIDEO; ALTERNATIVE TELEPHONE PARTICIPATION. Parties should limit video conference participation to those persons necessary to present the matter(s) set for hearing. If the number of persons wishing to participate in the video conference, in the Court’s view, exceeds the number that would permit the efficient and reliable transmission of the hearing by video conference, the Court may require certain persons to participate in the hearing only by telephone. The Court will provide to each person participating by telephone separate dial-in instructions, which may be used with any telephone equipment.

4. PUBLIC ACCESS. The general public is invited to listen to the hearing by telephone. Any person wishing to listen to the hearing by telephone may e-mail the courtroom deputy for the relevant Judge to obtain dial-in instructions. E-mail contact information for courtroom deputies is provided under the name of each Judge on this web site.

5. RECORDING PROHIBITED; OFFICIAL RECORD. No person may record the proceedings from any location by any means. The audio recording created and maintained by the Court will be the sole basis for creation of a transcript that constitutes the official record of the hearing.

6. REMOTE WITNESS TESTIMONY. In accordance with Federal Rule of Civil Procedure 43(a) (made applicable by Federal Rule of Bankruptcy Procedure 9017), for good cause and in compelling circumstances, a witness may be permitted to testify by contemporaneous transmission from a location other than the courtroom. Unless ordered otherwise, the Court will permit examination and/or cross-examination of witnesses in all evidentiary hearings conducted by video conference. The Court will administer the oath to each remote witness during the video conference and witness testimony will have the same effect and be binding upon each remote witness in the same manner as if such remote witness was sworn in by the Court in person in open court. As additional safeguards, the Court requires as follows: (a) if requested, each remote witness must disclose the city, state and country, and the type of place (such as home or office), where she or he is located while testifying; (b) no other person is permitted to be in the same room with any remote witness unless specifically authorized by the Court; (c) each remote witness shall have with her or him only those documents also provided to the Court for consideration in connection with the matter(s) set for hearing and no other documents or data unless specifically authorized by the Court; and (d) no person may communicate with a witness during his or her testimony, except by direct examination or cross-examination on the record, unless specifically authorized by the Court.

7. RESPONSIBILITY FOR REMOTE WITNESSES: The party sponsoring each remote witness shall be responsible for ensuring that the remote witness has registered with Zoom and obtained the password-protected link to the video conference, the remote witness has obtained all exhibits prior to the hearing, and the remote witness has the technological capability of participate in the video conference hearing via Zoom.

8. CONDUCT DURING HEARING. To avoid distractions during the hearing, all participants must mute electronic devices and disable all audible alerts. Although conducted using video conferencing technology, the hearing is a court proceeding. The formalities of the courtroom must be observed. Counsel and witnesses must dress appropriately, exercise civility, and otherwise conduct themselves in a manner consistent with the dignity of the Court.

9. COMPLIANCE WITH FEDERAL JUDICIARY PRIVACY POLICY. All papers submitted to the Court, including exhibits, must comply with the federal judiciary privacy policy as referenced under Local Rule 5005-1(A)(2).

Chapter 13

Most uncontested Chapter 13 confirmation hearings and many uncontested Chapter 13 motions are handled by the Chapter 13 Trustee without the Judge present in the courtroom. These matters are presented to the Court by agreed or uncontested proposed orders. However, even if the Judge is not present, court is in session and the proceedings are recorded. All rules regarding courtroom decorum apply, including dress code and use of mobile phones. Please be advised that Judge Mora often listens to the uncontested Chapter 13 docket from chambers.

Order on Matters Heard on Consent Calendar

If you submit an order on a matter not heard by the Judge do NOT state in the preamble that the Judge heard the matter or state “for the reasons stated on the record.” Instead, the order should provide that the matter “came before the Court on the consent portion of the chapter 13 calendar. . .”.

Orders on chapter 13 matters must conform with the Court’s Checklist to Avoid Resubmit Requests and Guidelines for Preparing, Submitting and Serving Orders.

Other Hearings

Evidentiary Hearings

Chapter 11 Fast Track

Emergency Matters

Courtroom Electronics

Calendar Procedures

Obtaining, Continuing and Cancelling Hearing Dates

Matters heard on motion calendar shall be set for a maximum of ten minutes. All such hearings are non-evidentiary. It is the responsibility of the movant to contact the Courtroom Deputy and request a special setting if the matter is anticipated to take more than ten minutes.
With the exception of matters that may be self-calendared (see Guidelines for Self-Calendaring), Judge Mora’s calendar is maintained exclusively by the Courtroom Deputy. Do not call Judge Mora’s law clerks about calendar matters.
Hearing dates for filed motions are assigned by the Court or may be self-calendared where permitted by the Court's electronic filing system. The movant will receive a notice of hearing. It is the responsibility of the movant to serve the notice of hearing on other parties and file an appropriate certificate of service as required by Local Rule 2002-1(F). Failure to timely serve a notice of hearing and file a certificate of service thereof may result in denial of the relief requested and/or sanctions.
Except in unusual circumstances, contested matters are set for non-evidentiary hearing on a weekly motion calendar. At the first hearing, the Judge determines whether an evidentiary or additional non-evidentiary hearing is required.
Continuances of matters must be requested by filing a motion for continuance. If all relevant parties agree to the requested continuance, the motion should be designated as agreed and an agreed proposed order may be submitted. If all relevant parties do not agree, the motion for continuance may be set for hearing.
Matters settled prior to a hearing may be removed from the calendar by calling the Courtroom Deputy not later than noon at least one (1) business day prior to the hearing.

Papers

In all written motions and applications, the opening paragraph should include a specific request for relief, cite appropriate sections of the Bankruptcy Code and Bankruptcy Rules, and provide a brief description of the basis for the requested relief. Written materials should be succinct and logically presented. Judge Mora encourages counsel to abide by the “Rule of 5 and 10.” A routine matter, typically requiring approximately five (5) minutes for presentation to the Court, should be limited to five (5) pages and include no more than five (5) case cites. A more complex matter, typically requiring approximately ten (10) minutes for presentation to the Court, should be limited to ten (10) pages and have no more than ten (10) case cites. Repetitive inclusion of detailed case background information is not favored; it is acceptable to incorporate by reference the Case Management Summary or another document filed on the docket for this purpose. If Judge Mora requires additional input from the parties, she will request that the parties file briefs or memoranda.
As required by Local Rule 9073-1(D), counsel for the movant must certify that he or she has contacted all adverse parties in an attempt to resolve the matter without a hearing. Failure to comply with the local rule may result in denial of the motion.

About The Judge

Judge Mora graduated from George Washington University, from which she received a B.B.A. with a concentration in Finance (1979). She received her law degree from New York University (J.D., 1982). She practiced in the areas of Bankruptcy and Commercial Finance from 1982 to 2018, when she was selected to serve as a United States Bankruptcy Judge for the Southern District of Florida.

In 2014, based upon Judge Mora's contributions to the field of bankruptcy, Judge Mora was named a Fellow of the American College of Bankruptcy. In 2016, in light of her professional achievements in the area of Commercial Finance, Judge Mora was named a Fellow of the American College of Commercial Finance Attorneys. Judge Mora also previously served as Chair of the Business Law Section of The Florida Bar, which represents the interests of over 5,000 business lawyers within the State of Florida. Throughout much of her legal practice, Judge Mora was active in the development of Florida’s commercial laws, having chaired the Florida Bar Task Force that sponsored the 2007 revisions of the Assignment for the Benefit of Creditors Statute (chapter 727, Florida Statutes). She also co-sponsored the 1997 revisions to Article 8 and 1999 revisions to Article 9, Uniform Commercial Code (chapters 678 and 679, Florida Statutes), and led a task force for the Business Law Section of The Florida Bar on revisions to Florida's foreclosure laws, as well as serving on a committee studying the Uniform Commissioner's proposed Uniform Receivership Act. Judge Mora has often lectured and published articles about insolvency, restructuring and commercial lending.

Judge Mora continues to serve on the 11th Circuit Council of the American College of Bankruptcy, and is a member of the Business Law Sections of the American Bar Association and The Florida Bar, as well as the Association of Commercial Finance Attorneys, the Bankruptcy Bar Association of South Florida and the International Women's Insolvency and Restructuring Confederation.

Orders

All parties are expected to be familiar with, and prepare all orders consistent with, the Court’s Checklist to Avoid Resubmit Requests and Guidelines for Preparing, Submitting and Serving Orders.

○ Competing Orders may be submitted as directed by the Court (see tab below) or where opposing counsel disagree on a proposed order’s language. Competing orders should be submitted via e-mail in Word format to: MAM_Chambers@flsb.uscourts.gov. If the Court did not direct submission of the order, the e-mail should identify why the parties found it necessary to submit competing orders. No other orders or communications should be sent to this e-mail address unless specifically instructed to do so. Do not send emails to the Judge’s personal email address.

○ Check CM/ECF-PACER to determine the status of an order. For routine matters, you may call Judge Mora’s Courtroom Deputy to inquire about the status of an order only if ten days have elapsed from the date the order was submitted. If the order has been resubmitted in response to a resubmit request from the Court, attorneys may call Judge Mora’s Courtroom only if ten days have elapsed since the most recent resubmission.

○ For matters taken under advisement, you may call Judge Mora’s Courtroom Deputy to inquire about the status of the matter only if sixty days have elapsed from the later of the close of the briefing schedule or the date the matter was taken under advisement.

○ It is possible that orders (including agreed orders continuing or resolving matters) submitted less than 10 business days prior to a hearing may not be processed in advance of the hearing. Attorneys should plan to attend any hearing for which an order has not been docketed as of the day before the hearing.

FAILURE TO TIMELY SUBMIT AN ORDER MAY RESULT IN DENIAL OF THE RELIEF SOUGHT.

Amended Orders

Titles of Orders

E-Orders

Checklist to Avoid Resubmit Requests

Many of you have received resubmit requests after submitting proposed orders electronically that you believe comply with the court’s “Guidelines for Preparing, Submitting and Serving Orders”. Often, orders are returned to the submitter with a resubmit request for similar reasons. Below is a checklist you can use to minimize the chance of getting a resubmit request from chambers.

○ General Formatting:

Must be submitted in native .pdf format generated directly from word processing software; do not submit printed and scanned version of order.
Must contain the required 4” margin at the top of the first page to allow space for the Judge’s electronic signature.
Must include name of court, district, and division in three lines centered above the case style.

○ Proper Formatting of the Caption:

Debtor’s name: First name, then last name.
Case number: Must contain the Judge’s initials at the end.
Chapter number (7, 11, 13).

○ Title of the Order:

Must contain the Judge’s ruling (Granting, Denying, Overruling, Sustaining, Continuing Hearing, etc.).
Must contain the ECF number of the motion, application, or objection to which the order relates.
Must contain date of continued hearing if one is set (“and Scheduling Continued Hearing on [insert date] at [insert time]”).
If the order does more than one thing (i.e., grants a motion and sets a further hearing), include ALL necessary elements in the title.
If the proposed order is an agreed order, the first word in the title of the proposed order must be “AGREED” (and the body of the order should contain a clause similar to “and the parties having agreed to the relief sought in the motion” or “and the parties having agreed to the form of this order.”)
For Amended Orders, must include a footnote after the word “Amended” in the title explaining what the amendment is and indicate that the amended order is being entered pursuant to the order granting a motion to amend.

○ Content of the Order:

Must contain in the introductory paragraph the ECF number of the motion or objection to which the order relates.
Must be consistent with the Court’s ruling at the hearing. Please take notes at the hearing when the Court rules!
Must contain an objection deadline, if appropriate.
Must contain the date, time, and location of any continued/rescheduled hearing. If the motion seeks a continuance ex parte, do not include blanks in the order. Determine the appropriate date/time (by contacting chambers if necessary) and include it in the order.
Must contain the date and time on which the hearing was held or, if no hearing was held, must state how the matter came before the court (i.e., “This matter came before the Court on the Debtor’s Ex Parte Motion to … [insert rest of title]”).
Must indicate in a chapter 13 case if the matter was heard only on the consent calendar by stating that the matter “came before the Court on the consent portion of the chapter 13 calendar. . . ”
Must indicate all dates by writing out the date (i.e. November 1, 2019), not shorthand (11/1/19).
Must uniformly use the defined term for the motion or objection and use the proper term for the disposition. (A motion is either granted or denied, and an objection is either sustained or overruled.)
Must not contain findings of fact absent submission of competent evidence to the Court at a hearing. You may, however, include the pertinent facts as “representations by counsel” to the Court in a separate paragraph ABOVE the numbered decretal paragraphs if the facts were included in pleadings or discussed on the record in a hearing.
For extensions of time to file schedules and Statement of Financial Affairs, must provide: “Any further extension sought by the movant to a date within 7 days of the 341 meeting will not be granted absent a hearing and a showing of extraor- dinary circumstances.”
If the order indicates deadlines, make sure the deadlines do not fall on a holiday or a weekend.
If using a form order, make sure that you are using the latest version. Check the Court’s website regularly to ensure that your form orders are current.
If using a form order and modifications must be made to clarify the relief granted, either (i) REMOVE the local form number or (ii) insert a footnote at the end of the title stating the nature of the revision.
Must include the following (or similar) language: "Copies furnished to: [Movant’s attorney], who shall serve a copy of the Order on all interested parties and file a certificate of service thereon." The order should NOT say "copies to all parties by the Clerk of Court" unless a local form order expressly provides otherwise.
Internal law firm file numbers should NOT appear anywhere on a proposed order.
Must not contain any attorney signatures. Only the judge signs orders!

○ Order Setting a Continued Pre-Trial Conference Date must include the following Provisions:

The deadlines set forth in paragraph 2 (disclosures), 3 (discovery), 4 (joint pretrial stipulation), 7 (documents required before trial), and 10 (dispositive motions) of the Court’s Order Setting Filing and Disclosure Requirements for Pretrial and Trial (ECF No. XX) shall be calculated based on the Continued Pretrial Conference Date.
The deadlines set forth in Paragraphs 1(a) (right to jury trial; waiver) and (1)(b) (objection to entry of final orders and judgments by the bankruptcy court; consent) of the Order Setting Filing and Disclosure Requirements for Pretrial and Trial (ECF No. XX) are not extended by this order.
All other provisions of the Order Setting Filing and Disclosure Requirements for Pretrial and Trial (ECF No. XX) remain in full force and effect to the extent not inconsistent with this Order.

○ General Points:

Please be sure to carefully monitor your email inbox for resubmission requests from the Court with respect to orders. The Court will only send ONE email with a resubmit request.
If you receive a resubmit request, immediately check this list to see if your order complies with ALL requirements. Make the necessary change(s) and promptly resubmit the proposed order.
If you have received a resubmit request on a form of order you regularly submit, please make the requested change on your standard template!
Please be more careful in drafting proposed orders. Run spellcheck and proofread prior to submission! A surprising number of proposed orders are submitted containing multiple spelling and grammatical errors and poorly written sentences (and in many cases, do not contain complete sentences).
If an attorney has a legal assistant or paralegal drafting proposed orders, the attorney as an officer of the Court is obligated to review them prior to submission.

United States Bankruptcy Court

Southern District of Florida

Laurel M. Isicoff, Chief Judge
Joseph Falzone, Clerk of Court

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