Court Rules
Bankruptcy

Judge Mindy A. Mora

Individual Rules, Standing Orders & Policies

Rules last changed:
Southern District of Florida
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Document Filing Requirements10 rules

Filing RequirementsMandatoryCivil cases

Immediately after filing the motion or application, upload the proposed order to CM/ECF. A motion or application seeking relief without a hearing will not be considered until a proposed order is uploaded.

Document
Motion

Include

  • Proposed order
Guidelines for Preparing Submitting and Serving Orders (CG-5) 0 · p. 5|SectionOrders on Motions and Applications Seeking Relief Without a Hearing
Filing RequirementsMandatoryCivil cases

Include a service directive in the order and promptly serve the order upon entry.

Guidelines for Preparing Submitting and Serving Orders (CG-5) 0 · p. 11|SectionPART SEVEN: SERVICE OF ORDERS
Filing RequirementsImportantCivil cases

In rem relief: o The most common form of stay relief granted by the Court is in rem relief, which is restricted to an assertion of rights against property only rather than the debtor personally. Include a statement clarifying this distinction.

Guidelines for Preparing Submitting and Serving Orders (CG-5) 0 · p. 5|SectionStay Relief Orders
Filing RequirementsImportantCivil cases

Agreed orders resolving a matter set for hearing must include a decretal paragraph cancelling the hearing and the words 'AND CANCELLING HEARING' in the title.

Court's wording

If the agreed order resolves a matter set for hearing, include two things: o A decretal paragraph identifying the date and time of the hearing and cancelling the hearing, and o The words “AND CANCELLING HEARING” in the title to alert the docketing clerk to the cancellation.

Guidelines for Preparing Submitting and Serving Orders (CG-5) 0 · p. 5|SectionAgreed Orders
Filing RequirementsImportantCivil cases

Agreed orders must reflect agreement either via an agreed motion or a representation in the order text; 'Agreed' in the title alone is insufficient.

Court's wording

The record must reflect that the matter is agreed. This can happen in two ways: o Via submission of an agreed motion. o By a representation in the text of the order clarifying that since the filing of the motion, the parties have subsequently agreed to entry of an order. ▪ Use of the word “Agreed” in the title alone is insufficient.

Guidelines for Preparing Submitting and Serving Orders (CG-5) 0 · p. 5|SectionAgreed Orders
Filing RequirementsImportantCivil cases

Include a footnote after the word “Amended” describing the nature of the amendment.

Guidelines for Preparing Submitting and Serving Orders (CG-5) 0 · p. 5|SectionAmended Orders
Filing RequirementsImportantCivil cases

Specifically define the suit that may proceed as a result of the order, including the court in which the matter is being heard.

Guidelines for Preparing Submitting and Serving Orders (CG-5) 0 · p. 6|SectionStay Relief Orders
Filing RequirementsImportantCivil cases

Specifically define the property. For real property, use a legal description. For vehicles, use the VIN. For other personal property, define the property as precisely as possible.

Guidelines for Preparing Submitting and Serving Orders (CG-5) 0 · p. 6|SectionStay Relief Orders
Filing RequirementsImportantCivil cases

State precisely what the creditor can do with the property as a result of entry of the order. ... General statements such as "Movant may enforce its rights" are insufficient.

Guidelines for Preparing Submitting and Serving Orders (CG-5) 0 · p. 6|SectionStay Relief Orders
Filing RequirementsImportantCivil cases

An order submitted in a chapter 13 case that was submitted in a matter heard only on the chapter 13 consent calendar must state in the introductory paragraph “came before the Court on the Chapter 13 Consent Calendar” and not reflect that it was heard “by the Court,” as required by Local Rule 5005-1(G)(1)(d).

Guidelines for Preparing Submitting and Serving Orders (CG-5) 0 · p. 5|SectionChapter 13 Consent Calendar Orders

Filing & Service rules

Service and Proof of Service Rules

The submitting party must serve the order on all required parties and file a certificate of service reflecting the date and manner of service.

It is the responsibility of the submitting party (not the Court) to timely serve the order on all required parties and file a certificate of service reflecting the date and manner of service as required under Local Rule 9036-2.

Civil cases

Page 11 | PART SEVEN: SERVICE OF ORDERS

Orders must be served promptly upon entry.

Include a service directive in the order and promptly serve the order upon entry.

Civil cases

Page 11 | PART SEVEN: SERVICE OF ORDERS

If stay relief involves property subject to a Florida state court action, serve the clerk of that state court as an interested party with the order and include the state court case number below the clerk's name on the certificate of service.

If stay relief involves property that is the subject of an action pending in a Florida state court, be sure to serve the clerk of the applicable Florida state court as an interested party with the order granting stay relief. Include the case number of the state court action immediately below the name of the state court clerk on the certificate of service.

Civil cases

Page 6 | Stay Relief Orders

Parties must check the Local Rules for electronic docketing, service, and certificate of service requirements.

Check the Local Rules for provisions addressing electronic docketing of orders, service, and certificate of service requirements.

Civil cases

Page 11 | PART SEVEN: SERVICE OF ORDERS

About United States District Judge Mindy A. Mora

  • 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.

  • For any document including exhibits, the submitting party must either (i) bookmark the exhibits OR (ii) attach each exhibit as a separate document.

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

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Judge Mindy A. Mora

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Divisional Office:

West Palm Beach

Announcement:

Judge Mora is currently conducting hearings for general motion calendar, all chapter 13 hearings, and special settings in-person and via video conference (Zoom).  All Status Conferences and Pre-Trial Conferences will be held solely via video conference (Zoom).

If directed to submit an order setting a “hybrid” hearing, please include all four paragraphs immediately below:

The Court shall conduct [INSERT HEARING INFORMATION] in this [CASE] on [INSERT DATE AND TIME]. The hearing will take place at the United States Bankruptcy Court located at 1515 N. Flagler Drive, Courtroom A, Room 801, West Palm Beach FL 33401.

Although the Court will conduct the hearing in person, any interested party may choose to attend the hearing remotely using the services of Zoom Video Communications, Inc. (“Zoom”), which permits remote participation by video or by telephone. To participate in the hearing remotely via Zoom (whether by video or by telephone), you must register in advance no later than 3:00 p.m., one business day before the date of the hearing. To register, click on or enter the following registration link in a browser: https://www.zoomgov.com/meeting/register/vJItdumqrzstGdoBW4nz6tq3IJmn8ydPxj4.

If a party is unable to register online, please contact Maria Romaguera, Courtroom Deputy, at 561-514-4109 or email Maria_Romaguera@flsb.uscourts.gov.

All participants, whether attending in person or remotely, must observe the formalities of the courtroom, exercise civility, and otherwise conduct themselves in a manner consistent with the dignity of the Court. This includes appropriate courtroom attire for those participants appearing in person or by video.

If directed to submit an order via Zoom only, please include all four paragraphs immediately below:

The Court shall conduct [INSERT HEARING INFORMATION] on [INSERT DATE AND TIME] solely by videoconference. To participate in the hearing remotely via Zoom (whether by video or by telephone), you must register in advance no later than 3:00 p.m., one business day before the date of the hearing.

To register, click on or enter the following registration link in a browser: https://www.zoomgov.com/meeting/register/vJItdumqrzstGdoBW4nz6tq3IJmn8ydPxj4.

If a party is unable to register online, please contact Maria Romaguera, Courtroom Deputy, at 561-514-4109 or email Maria_Romaguera@flsb.uscourts.gov.

All participants must observe the formalities of the courtroom, exercise civility, and otherwise conduct themselves in a manner consistent with the dignity of the Court. This includes appropriate courtroom attire.

All Status Conference/Pretrial calendar dates for 2024 will be posted here. To continue a status conference/pretrial conference, attorneys should file an appropriate motion seeking a continuance to one of the dates listed below.

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Common questions about Judge Mindy A. Mora's rules

What must be included with motion filings before Judge Mindy A. Mora?

The rule requires proposed order. Immediately after filing a motion or application seeking relief without a hearing, the proposed order must be uploaded to CM/ECF; the motion will not be considered until then.

View ruleSource: page 5, section Orders on Motions and Applications Seeking Relief Without a Hearing

What must be included with order filings before Judge Mindy A. Mora?

Orders must include a service directive.

View ruleSource: page 11, section PART SEVEN: SERVICE OF ORDERS

What rule applies to service for order before Judge Mindy A. Mora?

Orders must be served promptly upon entry.

View ruleSource: page 11, section PART SEVEN: SERVICE OF ORDERS
Complete rules summary for Judge Mindy A. Mora

Chapter 13 consent calendar orders must state 'came before the Court on the Chapter 13 Consent Calendar' in the introductory paragraph and must not state the matter was heard 'by the Court.'

Agreed orders resolving a matter set for hearing must include a decretal paragraph cancelling the hearing and the words 'AND CANCELLING HEARING' in the title.

In rem stay relief orders must state precisely what the creditor may do with the property; general statements are insufficient.

Agreed orders must reflect agreement either via an agreed motion or a representation in the order text; 'Agreed' in the title alone is insufficient.

Immediately after filing a motion or application seeking relief without a hearing, the proposed order must be uploaded to CM/ECF; the motion will not be considered until then.

Amended orders must include a footnote after the word 'Amended' describing the nature of the amendment.

In rem stay relief orders must specifically define the property (legal description for real property, VIN for vehicles, precise description for other personal property).

In personam stay relief orders must specifically define the suit that may proceed, including the court where the matter is heard.

If stay relief involves property subject to a Florida state court action, serve the clerk of that state court as an interested party with the order and include the state court case number below the clerk's name on the certificate of service.

Orders must be served promptly upon entry.

Parties must check the Local Rules for electronic docketing, service, and certificate of service requirements.

In rem stay relief orders must include a statement clarifying that relief is restricted to rights against property only, not the debtor personally.

Orders must include a service directive.

The submitting party must serve the order on all required parties and file a certificate of service reflecting the date and manner of service.

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