SVL Quarterly – October 2025

Oct 23, 2025 | SVL Newsletter

A Retrospective Look at the
2025 Amendments to the Florida
Rules of Civil Procedure

On January 1, 2025, the Florida Rules of Civil Procedure changed. The Supreme Court adopted these new rules with the hope that they would bring efficiency and help to keep cases moving through the court system in a timely manner. Now that we are more than nine months into these changes, I want to explore and explain how they impact the pursuit of collection matters through litigation in Florida.

Most of the litigation cases we handle for our clients are routine collections litigation. For example, a lawsuit on a defaulted loan, seeking the award of a final judgment in favor of the creditor. These suits are often straightforward, and the majority result in a default judgment because the defendant (debtor) fails to timely respond to service of the summons and complaint. When a defendant does answer, the answer is often filed without an attorney and is framed more as an explanation of why they did not or cannot pay the debt, rather than raising any legal defenses to the debt.

Given the uncomplicated nature of this litigation, we hoped that these changes to the Rules of Civil Procedure would not slow the process or require additional work to obtain a judgment in a routine collections case.

The Changes

One of the most significant changes was the creation of Rule 1.200, which controls case management and pretrial procedure. Before this new rule was enacted, Judges had the discretion to assign cases to case management tracks. However, in most collections litigation cases, they were not assigned to a case management track, so we could avoid some of the additional work and processes that often come with such assignments.

The new system requires that each judicial circuit define three case management tracks: complex, general, and streamlined. The rule empowered the Chief Judge in each judicial circuit to issue administrative orders defining the deadlines for each track. Most collections court cases will fall under the streamlined track. Under the new rule, the streamlined track must address time periods and deadlines for the following: service of the complaints; adding a new party; completing discovery; filing a motion for summary judgment; and completing mediation.

An additional change, set out in Rule 1.200, is the requirement for courts to enforce court and rule deadlines strictly. As a result, courts are now enforcing strict deadlines for service of process. While there was a previous rule requiring service of process to be completed within 120 days of the date the case was filed, Judges failed to enforce this deadline, and it was rare for a case to be dismissed for failure to complete service of process within that time. Now, courts are strictly enforcing this deadline and generally will only give one extension for service of process.

In addition, the new rules change the discovery process. In litigation, the discovery process is used to determine the facts of a case and what evidence the other side may have related to the allegations. Discovery includes depositions, requests for production, requests for admissions, and interrogatories. Under the new rules, parties must make initial discovery disclosures to the other party within 60 days after service of the complaint or joinder of a party to the action.

Under the new rules, the parties must disclose the names of persons with knowledge that they may use to support their claims or defenses, and they must reveal the knowledge each person has related to the claim or defense. Additionallly, a party must disclose copies of or descriptions of documents that the disclosing party may use to support its claims or defenses. Finally, it must reveal how it calculates damages in the case.

The Outcome

In short, the result of these changes has increased the workload for each case we handle. The time required to handle each case has increased by a minimum of 2 to 3 hours per case. However, to date, we have seen no real gain in judicial efficiency. Unfortunately, Judges in Florida are assigned heavy caseloads without sufficient support staff. The rules create additional administrative burdens on the court and the lawyers.

As mentioned above, each case is now put in a case management track with strict deadlines. The biggest hurdle in pursuing collections litigation is serving the defendant. Now that courts are strictly enforcing the 120-day deadline, we often must file a Motion to Extend the Deadline for service of process. If the defendant is not served by the time the second extension expires, the case is typically dismissed. If the client wishes to pursue the matter further, a new case must be filed, incurring an additional court filing fee.

Assuming we get the defendant served, we now have to make the initial discovery disclosures. Furthermore, if the defendant files an answer, unless we can resolve the case on a summary basis (via summary judgment or a stipulation), the court will require us to go to mediation, which takes additional time and incurs additional court costs (mediation fees).

Finally, in addition to keeping up with the assigned case management track, we must now track several court deadlines that will be strictly enforced. These deadlines not only include service of process and mediation, as addressed above, but also time to complete any necessary discovery, deadline to file dispositive motions, and to posture the case for trial, should a trial be necessary.

In conclusion, while the intentions behind these rule changes were good, the result has not improved case efficiency. Instead, they have led to additional work for lawyers and increased costs for litigating parties. Should you have questions about these rule changes and their impact on litigation, please do not hesitate to contact a lawyer at the firm.

Eleventh Circuit Reinforces
Strict Deadline for Dischargeability Complaints

In bankruptcy court, deadlines are not suggestions – they’re hard stops. Few areas of law are as procedure and time sensitive as bankruptcy, where missing a filing deadline by even a single day can mean the loss of significant rights. The Bankruptcy Rules are designed to promote finality and efficiency in the debtor’s “fresh start,” often leaving little room for equitable arguments when a creditor’s timing slips, no matter the reason. For Credit Unions, this means vigilance is everything. The moment a member files for bankruptcy protection, whether you receive official notice or just a letter from the debtor, your response clock starts ticking. The recent Eleventh Circuit decision in TL90108 LLC. V. Ford, 21-10456 (11th Cir. Aug. 11 2025) is a classic reminder of how unforgiving these timelines are.

Case Background

In TL90108 LLC v. Ford, decided in August 2025, the Eleventh Circuit confronted a sympathetic creditor who discovered—after the deadline had passed—that the debtor had fraudulently obtained a debt and then failed to list the creditor in his bankruptcy petition. When TL90108 LLC (“TL”) tried to file a complaint objecting to the discharge of the debt based on fraud, the bankruptcy court denied the request as untimely.

The case arose from a dispute over a rare stolen vehicle. TL purchased the vehicle overseas, but when they tried to register the vehicle in the United States, Wisconsin authorities identified Joseph Ford as one of the owners of record. Ford and another party sued TL in Wisconsin state court seeking to recover the vehicle. In January 2019, while that litigation was pending, Ford filed for Chapter 11 bankruptcy but failed to list TL as a creditor in his bankruptcy schedules. TL learned of the bankruptcy only when Ford filed a notice with the Wisconsin Supreme Court about a month after the bankruptcy filing. The 60-day deadline under Federal Rule of Bankruptcy Procedure 4007(c) to file a complaint objecting to discharge passed in April 2019. Later, through discovery in the state court case, TL discovered that Ford had actually conspired with the person who stole the vehicle to sell it to TL and then recover it through the replevin action—a fraudulent scheme. Armed with this new evidence, TL sought to extend the deadline in September 2020, more than a year after the bar date had passed.

The Court’s Holding: No Extensions After the Deadline

The Eleventh Circuit affirmed that the deadline to file a complaint objecting to discharge cannot be extended after it expires, even on equitable grounds, such as the debtor’s fraud. The court relied on its 1988 precedent in In re Alton, which remains binding law in our circuit.

The court rejected TL’s arguments that:

Equitable tolling should apply – Even though TL couldn’t have discovered the fraud before the deadline (discovery hadn’t yet begun in the state court case), the court held that equitable principles cannot extend the Rule 4007(c) deadline after it has passed.
Due process required additional notice – The court found that actual notice of the bankruptcy proceeding itself was sufficient to satisfy due process, even though TL wasn’t formally listed as a creditor and didn’t receive official notice of the filing deadline.

What This Means for Credit Unions

This decision underscores several critical points for our credit union clients:

Monitor Your Members for Bankruptcy Filings

You cannot rely on debtors to properly list you as a creditor. You must have systems in place to:

Regularly check bankruptcy filings in your service area
Monitor PACER or bankruptcy court databases for the names of members
Train staff to recognize and immediately escalate bankruptcy notices

Act Immediately Upon Learning of a Bankruptcy

Once you have any notice of a member’s bankruptcy filing—even informal notice—you have a duty to investigate. This includes:

Determining whether you are a creditor
Identifying all relevant deadlines
Calculating the 60-day deadline for filing dischargeability complaints under Rule 4007(c)
Reviewing whether any debts may be non-dischargeable (fraud, embezzlement, fiduciary duty breaches, etc.)

The Clock Starts When You Know, Not When You’re Formally Noticed

The Eleventh Circuit has made clear that actual knowledge of the bankruptcy proceeding triggers your obligations—even if you were not listed as a creditor and received no formal notice from the court. You cannot wait for an official notice that may never come.

Document Your Decision-Making Process

If you decide not to file a dischargeability complaint, document that decision and the reasons for it. If facts later emerge suggesting fraud or another basis for non-dischargeability, you want a clear record showing you made a reasonable decision, based on the information available at the time.

Don’t Assume You Can Fix It Later

The harsh reality is that even if you later discover that the member defrauded the credit union, you may be barred from objecting to discharge if you miss the deadline. There are no do-overs based on subsequently discovered evidence.

Practical Steps to Protect Your Credit Union

Implement bankruptcy monitoring procedures for all members with outstanding loans
Establish clear protocols for when bankruptcy notices are received
Calendar all deadlines immediately upon learning of a bankruptcy
Consult counsel promptly to evaluate whether a dischargeability complaint should be filed
When in doubt, file – It’s better to file a protective complaint within the 60-day window than to lose your rights forever

The Bottom Line

Bankruptcy deadlines are unforgiving. The Eleventh Circuit’s decision in TL90108 v. Ford confirms that courts will not rescue creditors who miss critical deadlines, even when the debtor’s misconduct contributed to the delay.

For credit unions, the message is clear: vigilance and prompt action are essential. Once you learn of a member’s bankruptcy filing, immediate consultation with counsel is critical to preserve your rights and evaluate whether any debts should be excepted from discharge.

If you receive a notice of bankruptcy and have any questions about dischargeability, or any other issue, we would advise you to contact our office immediately to discuss your rights and the best way to proceed.

Staff Spotlight on Kacey Crawford

Kacey joined the SVL family in April 2025 and is one of our post-judgment legal assistants. She is originally from Cairo, Georgia, and is currently obtaining her AA degree in legal studies, hoping to get accepted into the FSU law program.

While Kacey is not working, she loves reading and watching movies. Her favorite genre is anything horror, and she enjoys going on haunted tours of cemeteries and abandoned asylums. Kacey is also a huge fan of road trips and making pit stops at all of the silly tourist attractions. She loves the thrill of driving without having any sense of direction or plan for the trip.

Kacey is a mother of two: her daughter, Evelyn, lives in New York City and is a social worker and her son, Ryan, lives in Tallahassee and is currently enrolled at Tallahassee State College, working to obtain his finance degree. Kacey is also a mom to her blue Russian cat, Mouse!

Kacey loves working at Sorenson Van Leuven and says that it feels like you are working with family, because the environment is very friendly and positive. We love having you here, Kacey. Thank you for all you do.

Staff Spotlight on Sarah Strickland

Sarah is from Blountstown, but grew up in Tallahassee, Florida. She joined the SVL team in December 2024 and has been a great asset to our firm. She is one of our legal assistants in the foreclosure department, handling both Florida and Georgia foreclosures, as well as answers to garnishment matters for many of our Credit Union clients. Sarah loves what she does at the firm and says this is the best company she has ever worked for!

In her spare time, Sarah enjoys spending time outdoors; hanging out with her dog, Gracie Lou; going to the beach; and thrifting! She loves a good thrift store or estate sale to go on the hunt for new trinkets and treasures. Sarah has a beautiful collection of estate jewelry, including her favorite, a gold charm bracelet made up of charms from her grandma and her mom. Her newest find is a yellow gold and diamond cocktail ring that she received from a melt bin – she loves it because it is so shiny!

Another fun fact about Sarah is that she is a collector of Disney pins. She has been collecting for two years and goes to the big pin trading events at Walt Disney World with her friends to trade with others from all over the country. Did you know that this pin trading originally started in 1999? Sarah’s favorite pins to collect are the original Disney princesses and the Disney villains! She has quite the collection!

Sarah, we are grateful to have you apart of the SVL team!

Sorenson Van Leuven Team Plays
in Tallahassee Chapter of Credit Union’s
Golf Tournament

Sorenson Van Leuven was pleased to participate as a Gold Sponsor at the Tallahassee Chapter of Credit Union’s Golf Tournament on September 22, 2025. The event was held at Golden Eagle Country Club, in Tallahassee, Florida. Steve Orsillo represented the firm and had a great time playing in the tournament.

SVL SourcExpo 2025

The SourcExpo is our annual learning event for Credit Unions that focuses on collections, bankruptcy, foreclosure, and other related issues. The goal of the SVL SourcExpo is to instruct, innovate, and inspire. We do this by having the attorneys from our office provide training over the three-day event. Additionally, we help Credit Union representatives network with other Credit Unions in attendance to share ideas, while also working to inspire each Credit Union team to improve its processes.

We incorporated something new this year and hosted our event night at the hotel rather than at a local restaurant. We had incredible entertainment from a dueling piano band with a taco bar, drinks, and dessert. It was a fun night with our attendees!

Ready to join us next year? We are excited to announce we will be hosting again in Tampa at the Renaissance International Plaza Hotal for our SVL SourcExpo 2026. The dates for next year’s conference will be July 15th-17th, 2026. Be sure to save the date and join us!

More details will be posted in the coming months. We cannot wait to see you in July 2026!

SVL Quarterly – October 2025