Judge Mindy A. Mora

Divisional Office:

Announcement:

Notice of Change in Service Provider for Telephonic Appearances - effective September 10, 2018.

Effective immediately, all available 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
January 14	10:00 am	July 14	10:00 am
February 11	10:00 am	August 11	10:00 am
March 10	10:00 am	September 15	10:00 am
April 7	10:00 am	October 15	10:00 am
May 12	10:00 am	November 17	10:00 am
June 9	10:00 am	December 8	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.

Notice of Change in Service Provider for Telephonic Appearances - effective September 10, 2018.

Guidelines

Arranging Telephonic Appearances

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.

Please note that telephonic appearances are not permitted for the Court's monthly chapter 13 calendar.

Other Hearings

Evidentiary Hearings

Chapter 11 Fast Track

Emergency Matters

Courtroom Electronics

Calendar Procedures

Obtaining, Continuing and Cancelling Hearing Dates

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 Guidelines for Preparing, Submitting and Serving Orders.

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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