Padgett Bankruptcy Blog

Southern District of Florida Updates Chapter 13 Bankruptcy Rules

Written by Seth Greenhill, Esq. | Jun 11, 2026 6:39:09 PM

Effective June 1, 2026, the United States Bankruptcy Court for the Southern District of Florida adopted significant revisions to its bankruptcy local rules. While many of the changes are procedural, several will materially affect Chapter 13 practice for secured creditors, mortgage servicers, and creditor counsel.

1. Stay Relief Has Been Streamlined

Under the revised rules, creditors may use negative notice for stay-relief motions in:

  • Chapter 11 cases;
  • Chapter 7 cases after the § 341 meeting; and
  • certain Chapter 13 cases.

In Chapter 13, this streamlined approach is available in situations where the confirmed plan:

  • provides for surrender of the collateral;
  • provides no payments to the creditor; or
  • provides for payment directly outside the plan.

The revised rules also allow a creditor to seek a simplified order confirming that the automatic stay has terminated after confirmation in certain Chapter 13 cases, particularly where collateral is surrendered, unpaid, or being paid directly outside the plan.

2. Confirmation Objections Require Close Deadline Tracking

The revised rules place renewed emphasis on confirmation objections and plan review deadlines.

Objections to confirmation generally must be filed at least 14 days before the confirmation hearing. That means creditor counsel must review Chapter 13 plans promptly and calendar the objection deadline as soon as the hearing date is set. Previously, a creditor could get away with filing an objection up until the confirmation hearing. However, that has gone away.

The rules also clarify that an amended Chapter 13 plan does not automatically moot a previously filed objection. That is an important change for creditors, because debtors often file amended plans in response to objections. Under the revised framework, creditors do not necessarily need to start over unless the amendment cures the problem.

By the same token, if an amended plan changes the treatment of a creditor’s claim, the creditor may still object even if the normal objection deadline has passed. That protection matters when amended plans alter:

  • arrearage amounts;
  • direct-pay versus trustee-pay treatment;
  • surrender provisions;
  • interest rates;
  • cramdown values; or
  • claim classification.

3. Claims Review by Debtor’s Counsel Will Drive More Litigation

Another major change is the new mandatory claims-review obligation imposed on Chapter 13 debtor’s counsel.

Debtor’s counsel must review all filed claims within 21 days after the nongovernmental claims bar date. After that review, counsel must decide whether to:

  • object to claims;
  • amend the unconfirmed plan; or
  • modify a confirmed plan.

That obligation will likely increase litigation across several fronts. Creditors should expect:

  • more claim objections;
  • more amended plans;
  • more valuation disputes; and
  • more confirmation litigation tied to claim treatment.

4. Claim Objections Are More Formalized

The revised rules also make claim-objection practice more structured.

Claim objections now must specify:

  • the legal basis for the objection;
  • the factual basis for the objection;
  • the claim number;
  • the claimant’s name;
  • the filing date;
  • the claim classification; and
  • the requested disposition.

That level of specificity should reduce vague or unsupported objections and give creditors a clearer understanding of what is being challenged.

Just as important, Chapter 13 claim objections cannot be resolved by negative notice. In other words, a claim cannot be disallowed simply because no one responds to a notice. That adds a procedural safeguard for claimants and ensures greater formal process before claims are altered or disallowed.

5. Valuation and Deficiency Claims

The revised rules also tighten procedure for collateral valuation in Chapter 13 cases.

A debtor seeking valuation must file a separate motion. The rule distinguishes between real property valuation motions and personal property valuation motions, which should reduce confusion and force parties to address valuation on a more targeted basis.

The rules also include an important creditor-protective provision: if the debtor seeks valuation of collateral but does not separately object to the creditor’s proof of claim, the unsecured deficiency portion remains allowed under § 502(a).

That point is especially significant in vehicle cramdown cases and other secured-claim disputes. A debtor may be able to reduce the secured portion of the claim, but if no separate claim objection is filed, the unsecured deficiency claim may survive.

6. Mortgage Servicing Under Rule 3002.1

After a creditor files either:

  • a payment change notice; or
  • a notice of fees, expenses, and charges,

the debtor must file a Statement of Intent indicating whether the debtor intends to challenge the notice.

Like the prior rule, the revised rules also authorize sanctions, including fee awards, for improper continued filing of Rule 3002.1 notices after the rule no longer applies.