LOCAL BANKRUPTCY RULES
Effective December 1, 2017*
UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA
Edward R. Roybal Federal Building
255 E. Temple Street
Los Angeles, CA 90012
(855) 460-9641
www.cacb.uscourts.gov
* LBR 3015-1(b)(3) revised 2/13/18 (see Public Notice 18-005)

TABLE OF CONTENTS
1001-1 TITLE, APPLICATION, AND SCOPE OF RULES ……………………………………………… 1
(a) Title, Citation and Effective Date ………………………………………………………………….. 1
(b) Application and Construction ……………………………………………………………………….. 1
(c) Application to Persons Appearing without Counsel ……………………………………….. 1
(d) Modification ………………………………………………………………………………………………… 1
(e) Procedure in Absence of Rule ……………………………………………………………………….. 1
(f) Sanctions for Noncompliance with Rules ………………………………………………………. 2
1001-2 RULES OF CONSTRUCTION …………………………………………………………………………….. 2
(a) Construction of Terms ………………………………………………………………………………….. 2
(b) Gender; Plurals ……………………………………………………………………………………………. 2
(c) Definitions…………………………………………………………………………………………………….. 2
1002-1 PETITION AND CASE COMMENCEMENT DOCUMENTS – GENERAL …………. 2
(a) Debtor’s Street Address ……………………………………………………………………………….. 2
(b) Attorney Information …………………………………………………………………………………… 2
(c) Required Case Commencement Documents ………………………………………………….. 3
(d) Redaction of Personal Identifiers ………………………………………………………………….. 3
(e) Effect of Failure to Specify Necessary Information ………………………………………… 3
1006-1 PETITION FILING FEES ……………………………………………………………………………………. 4
(a) Payment of the Petition Filing Fee in Installments …………………………………………. 4
(b) Waiver of Chapter 7 Filing Fee …………………………………………………………………….. 5
1007-1 LISTS, SCHEDULES, AND STATEMENTS ………………………………………………………… 5
(a) Master Mailing List ……………………………………………………………………………………… 5
(b) Extension of Time to File Lists, Schedules, Statements, and Other Documents… 6
(c) Amendment of List, Schedule or Statement……………………………………………………. 6
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1007-4 DISCLOSURE OF CORPORATE RELATIONSHIPS …………………………………………. 7
(a) Mandatory Statement …………………………………………………………………………………… 7
(b) Supplemental Statement ……………………………………………………………………………….. 7
1010-1 INVOLUNTARY PETITIONS ……………………………………………………………………………… 7
1015-1 CONSOLIDATION AND JOINT ADMINISTRATION ………………………………………… 7
(a) Joint Cases …………………………………………………………………………………………………… 7
(b) Joint Administration of Cases Pending Before the Same Judge ……………………… 7
(c) Reassignment of Cases Not Assigned to the Same Judge ………………………………… 7
1015-2 RELATED CASES ………………………………………………………………………………………………. 8
(a) Definition of Related Cases …………………………………………………………………………… 8
(b) Disclosure of Related Cases …………………………………………………………………………… 8
1017-1 CONVERSION ……………………………………………………………………………………………………. 9
(a) Conversion Upon Debtor’s Request ………………………………………………………………. 9
(b) Additional Fees Upon Conversion of a Case ………………………………………………….. 9
1017-2 DISMISSAL OF CASE OR SUSPENSION OF PROCEEDINGS ………………………… 10
(a) Dismissal for Failure to File Case Commencement Documents …………………….. 10
(b) Dismissal of Chapter 7 Case for Failure to Attend Meeting of Creditors ………. 10
(c) Motion to Vacate Dismissal …………………………………………………………………………. 10
(d) Filing a Subsequent Case ……………………………………………………………………………. 10
(e) Motion to Dismiss or Suspend Proceedings ………………………………………………….. 10
(f) Retention of Jurisdiction ……………………………………………………………………………….11
1071-1 DIVISIONS – PLACE OF FILING …………………………………………………………………….. 11
(a) Filing of Petition …………………………………………………………………………………………. 11
(b) Petition Filed in Wrong Division …………………………………………………………………. 11
(c) Filing of Documents Other Than a Petition …………………………………………………. 11
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1073-1 ASSIGNMENT OR REASSIGNMENT OF CASES AND PROCEEDINGS …………. 11
(a) Assignment or Reassignment of Related Cases and Proceedings …………………… 11
(b) Motion for Reassignment or Consolidation of Related Cases or Proceedings … 12
2002-1 NOTICE TO AND SERVICE UPON CREDITORS AND
OTHER INTERESTED PARTIES ……………………………………………………………………… 13
(a) Request to Designate Address for Authorized Agent Pursuant
to FRBP 2002(g) …………………………………………………………………………………………. 13
(b) Request for Notice Despite Order Limiting Notice to Committees ………………… 13
(c) Mailing List in Chapter 9 and 11 Cases ……………………………………………………….. 13
(d) Notice of Address in a Specific Case …………………………………………………………….. 13
(e) Request to be Added to Courtesy NEF …………………………………………………………. 14
2002-2 NOTICE TO AND SERVICE UPON THE UNITED STATES OR
FEDERAL AGENCIES ………………………………………………………………………………………. 14
(a) United States Trustee ………………………………………………………………………………….. 14
(b) United States Attorney ……………………………………………………………………………….. 16
(c) Internal Revenue Service ……………………………………………………………………………. 16
2004-1 MOTIONS FOR EXAMINATION UNDER FRBP 2004 ……………………………………… 16
(a) Conference Required ………………………………………………………………………………….. 16
(b) Motion ……………………………………………………………………………………………………….. 16
(c) Notice and Service ………………………………………………………………………………………. 16
(d) Order …………………………………………………………………………………………………………. 16
(e) Subpoena ……………………………………………………………………………………………………. 16
(f) Protective Order …………………………………………………………………………………………. 17
(g) Disputes ……………………………………………………………………………………………………… 17
2010-1 BONDS OR UNDERTAKINGS ………………………………………………………………………….. 17
(a) Bonds, Undertakings, Approval, Third-party Sureties, Security,
and Qualification ………………………………………………………………………………………… 17
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(b) Certificate by Attorney ……………………………………………………………………………….. 18
(c) Approval of Judge ………………………………………………………………………………………. 18
(d) Consent to Summary Adjudication of Obligation ………………………………………… 18
(e) Bonds of Trustees ……………………………………………………………………………………….. 19
2014-1 EMPLOYMENT OF DEBTOR’S PRINCIPALS IN CHAPTER 11 CASES,
AND PROFESSIONAL PERSONS …………………………………………………………………….. 19
(a) Employment of Debtor’s Principals or Insiders in Chapter 11 Cases ……………. 19
(b) Employment of Professional Persons …………………………………………………………… 20
2015-2 REQUIREMENTS FOR CHAPTER 11 DEBTORS IN POSSESSION OR
CHAPTER 11 TRUSTEES …………………………………………………………………………………. 21
(a) Reports Before Confirmation of Plan ………………………………………………………….. 21
(b) Interim Statements and Operating Reports …………………………………………………. 21
(c) Duties Upon Conversion to Chapter 7 …………………………………………………………. 22
2016-1 COMPENSATION OF PROFESSIONAL PERSONS …………………………………………. 22
(a) Interim Fee Applications …………………………………………………………………………….. 22
(b) Motions to Approve Compensation Procedures in Chapter 11 Cases, Including
Monthly Draw-down and Contingency or Success Fee Agreements ………………. 25
(c) Final Fee Application ………………………………………………………………………………….. 25
(d) Fee Examiner ……………………………………………………………………………………………… 27
2016-2 COMPENSATION AND TRUSTEE REIMBURSEMENT PROCEDURES
IN CHAPTER 7 ASSET CASES …………………………………………………………………………. 27
(a) No Order Required: Payment of Expenses, Up to $1,000, that are Inherent
in the Appointment of a Chapter 7 Trustee ………………………………………………….. 27
(b) Order Required: Payment of Expenses, Up to $5,000, After Limited Notice
and Opportunity to Request a Hearing ……………………………………………………….. 27
(c) No Order Required: Bond Premiums ………………………………………………………….. 28
(d) Expenses for Preparation of Tax Returns ……………………………………………………. 28
(e) Emergency Expenses ………………………………………………………………………………….. 28
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(f) Procedures for Employment of Paraprofessionals and Payment of
Paraprofessional Fees and Expenses ……………………………………………………………. 29
(g) Cash Disbursements Motion ……………………………………………………………………….. 30
(h) Nonexclusive Remedy …………………………………………………………………………………. 31
2070-1 CHAPTER 7 OPERATING CASES ……………………………………………………………………. 31
(a) Periods Not Exceeding 30 Days …………………………………………………………………… 31
(b) Periods Exceeding 30 Days ………………………………………………………………………….. 31
(c) Authorization Not to Exceed 1 Year ……………………………………………………………. 31
(d) Disbursement of Estate Funds Pending Authorization …………………………………. 31
(e) Effect of Order …………………………………………………………………………………………… 32
2072-1 NOTICE TO OTHER COURTS …………………………………………………………………………. 32
(a) Notice of Bankruptcy Petition ……………………………………………………………………… 32
(b) Effect of Not Giving Notice …………………………………………………………………………. 32
2081-1 CHAPTER 11 CASES ………………………………………………………………………………………… 32
(a) Motions Requiring Emergency or Expedited Relief ……………………………………… 32
(b) Prepackaged Plans ……………………………………………………………………………………… 33
(c) Severance Compensation or Employee Incentive Motions ……………………………. 33
2081-2 CHAPTER 11 DEBTORS WHO ARE INDIVIDUALS ……………………………………….. 34
2090-1 ATTORNEYS – ADMISSION TO PRACTICE …………………………………………………… 34
(a) Appearance By Attorneys Admitted to Practice Before the District Court ……. 34
(b) Pro Hac Vice Appearance …………………………………………………………………………… 35
(c) Attorneys for the United States …………………………………………………………………… 36
(d) Professional Corporations, Unincorporated Law Firms, and
In-house Attorneys ……………………………………………………………………………………… 36
(e) Law Student Certification for Practice in Bankruptcy Court ……………………….. 37
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2090-2 ATTORNEYS – DISCIPLINE AND DISBARMENT …………………………………………… 37
(a) Standards of Conduct …………………………………………………………………………………. 37
(b) Disciplinary Authority of Court ………………………………………………………………….. 37
2091-1 ATTORNEYS – WITHDRAWAL, SUBSTITUTION, AND
CHANGE OF ADDRESS ……………………………………………………………………………………. 38
(a) Motion for Withdrawal or Substitution ……………………………………………………….. 38
(b) Consensual Substitution of Counsel …………………………………………………………….. 38
(c) Notice …………………………………………………………………………………………………………. 38
(d) Corporation, Partnership, Unincorporated Association, or Trust …………………. 39
(e) Delay by Withdrawal or Substitution ………………………………………………………….. 39
(f) Change of Address ……………………………………………………………………………………… 39
3003-1 NOTICE OF CLAIMS BAR DATE IN CHAPTER 11 CASES …………………………….. 41
(a) Use of Mandatory Form for Notices of Claims Bar Date……………………………….. 41
3007-1 OBJECTIONS TO CLAIMS ………………………………………………………………………………. 41
(a) Objections ………………………………………………………………………………………………….. 41
(b) Notice and Hearing …………………………………………………………………………………….. 41
(c) Evidence Required ……………………………………………………………………………………… 42
3011-1 PROCEDURE FOR OBTAINING ORDERS RELEASING
UNCLAIMED FUNDS ……………………………………………………………………………………….. 43
(a) Form of Motion ………………………………………………………………………………………….. 43
(b) Notice …………………………………………………………………………………………………………. 44
(c) Order……………………………………………………………………………………………………………44
3015-1 PROCEDURES REGARDING CHAPTER 13 CASES ………………………………………… 44
(a) Applicability ………………………………………………………………………………………………. 44
(b) Filing and Service of Petitions, Plans, Proofs of Claim, and Other Forms …….. 44
(c) Meeting of Creditors – § 341(a) …………………………………………………………………… 45
(d) Confirmation Hearing ………………………………………………………………………………… 47
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(e) Personal Property, including Vehicles …………………………………………………………. 48
(f) Domestic Support Obligations …………………………………………………………………….. 49
(g) Objections to Plan ………………………………………………………………………………………. 49
(h) Amendments to Plan Prior to the Confirmation Hearing ……………………………… 49
(i) Intentionally Left Blank
(j) Payments on Proofs of Claim Subject to Objections to Claims ……………………… 50
(k) Plan Payments to Chapter 13 Trustee …………………………………………………………. 50
(l) Intentionally Left Blank
(m) Payments on Mortgages or Trust Deeds ………………………………………………………. 51
(n) Modification of Confirmed Plan or Suspension of Plan Payments ………………… 53
(o) Tax Returns ……………………………………………………………………………………………….. 53
(p) Sale or Refinance of Real Property ……………………………………………………………… 54
(q) Dismissal or Conversion of Case …………………………………………………………………. 54
(r) Motions Regarding Stay of 11 U.S.C. § 362 ………………………………………………….. 57
(s) Postconfirmation Adequate Protection Orders …………………………………………….. 58
(t) Discharge Procedures …………………………………………………………………………………. 58
(u) Attorney Representation …………………………………………………………………………….. 59
(v) Attorneys’ Fees …………………………………………………………………………………………… 59
(w) Motions and Applications Filed on Notice of Opportunity to Request
a Hearing ……………………………………………………………………………………………………. 60
(x) Service of Motions and Applications ……………………………………………………………. 62
3017-1 CHAPTER 11 DISCLOSURE STATEMENT – APPROVAL IN CASE OTHER
THAN SMALL BUSINESS CASE ………………………………………………………………………. 62
(a) Notice of Hearing on Motion for Approval of Disclosure Statement ……………… 62
(b) Objections to Disclosure Statement ……………………………………………………………… 62
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3017-2 CHAPTER 11 DISCLOSURE STATEMENT – APPROVAL IN
SMALL BUSINESS CASE …………………………………………………………………………………. 63
(a) Conditional Approval of Disclosure Statement …………………………………………….. 63
(b) Procedure for Requesting Conditional Approval of Disclosure Statement …….. 63
(c) Objections and Hearing on Final Approval …………………………………………………. 63
3018-1 BALLOTS – VOTING ON CHAPTER 11 PLAN ………………………………………………… 63
(a) Ballot Summary …………………………………………………………………………………………. 63
(b) Amended Ballot Summary ………………………………………………………………………….. 64
3020-1 CHAPTER 11 PLAN CONFIRMATION AND POSTCONFIRMATION
REQUIREMENTS………………………………………………………………………………………………. 64
(a) Payment of Special Charges ………………………………………………………………………… 64
(b) Postconfirmation Requirements ………………………………………………………………….. 64
(c) Effect of Failure to File Postconfirmation Reports ……………………………………….. 65
(d) Effect of Conversion to Chapter 7………………………………………………………………… 65
3022-1 Final Decree and Closing a Chapter 11 Case ……………………………………………………….. 65
(a) Motion for Final Decree ………………………………………………………………………………. 65
(b) Motion for Order Closing Case on Interim Basis …………………………………………. 65
4001-1 STAY OF 11 U.S.C. § 362 …………………………………………………………………………………… 67
(a) General ………………………………………………………………………………………………………. 67
(b) Form Motions and Orders …………………………………………………………………………… 67
(c) Motion for Relief from Automatic Stay ……………………………………………………….. 67
(d) Motion for Extension or Imposition of Stay …………………………………………………. 68
(e) Motion for Order Confirming Termination of Automatic Stay …………………….. 69
(f) Deposit of Rent under 11 U.S.C. § 362(l) ……………………………………………………… 69
(g) Relief from Automatic Stay to Proceed in Another Forum …………………………… 69
(h) Application Confirming Loan Modification Will Not Violate the Stay…………… 69
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4001-2 CASH COLLATERAL AND DEBTOR IN POSSESSION FINANCING ……………… 69
(a) Use of Mandatory for Cash Collateral and/or Debtor in Possession
Financing Motions or Stipulations ………………………………………………………………. 69
(b) Final Hearing ……………………………………………………………………………………………… 70
4002-1 DUTIES OF DEBTOR AT MEETING OF CREDITORS
(a) General ………………………………………………………………………………………………………. 70
(b) Chapter 11 Debtors …………………………………………………………………………………….. 70
(c) Chapter 13 Debtors …………………………………………………………………………………….. 70
(d) Joint Debtors ……………………………………………………………………………………………… 70
4003-2 LIEN AVOIDANCE …………………………………………………………………………………………… 70
(a) General ………………………………………………………………………………………………………. 70
(b) Contents of Notice and Motion ……………………………………………………………………. 70
(c) Service ……………………………………………………………………………………………………….. 70
(d) Evidence …………………………………………………………………………………………………….. 71
4008-1 REAFFIRMATION AGREEMENTS …………………………………………………………………. 71
(a) Form ………………………………………………………………………………………………………….. 71
(b) Reaffirmation without Representation or Certification by Debtor’s Attorney .. 71
(c) Deadline for Filing ……………………………………………………………………………………… 71
(d) Hearing and Approval by Court …………………………………………………………………. 71
5003-2 RECORDS AND FILES ……………………………………………………………………………………… 73
(a) Removal of Records and Files ……………………………………………………………………… 73
(b) Removal of Contraband ……………………………………………………………………………… 73
(c) Confidential Court Records ………………………………………………………………………… 73
5005-1 FILING DOCUMENTS – REQUIREMENTS …………………………………………………….. 74
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5005-2 FILING DOCUMENTS – NUMBER OF COPIES ………………………………………………. 74
(a) Number of Copies ………………………………………………………………………………………. 74
(b) Conformed Copies ……………………………………………………………………………………… 74
(c) Request for Court Conformed Copy ……………………………………………………………. 74
(d) Judge’s Copy ……………………………………………………………………………………………… 74
5005-4 ELECTRONIC FILING …………………………………………………………………………………….. 75
(a) Mandatory Electronic Filing ……………………………………………………………………….. 75
(b) CM/ECF Procedures Control ……………………………………………………………………… 75
(c) Exceptions to Mandatory Electronic Filing Requirement …………………………….. 75
5010-1 REOPENING CASES ………………………………………………………………………………………… 75
(a) Motion ……………………………………………………………………………………………………….. 75
(b) Separate Motion or Adversary Proceeding ………………………………………………….. 75
(c) Notice …………………………………………………………………………………………………………. 76
(d) Fee ……………………………………………………………………………………………………………… 76
(e) Motion May Be Considered without a Hearing ……………………………………………. 76
(f) Assignment …………………………………………………………………………………………………. 76
(g) Closing of Case …………………………………………………………………………………………… 76
5011-1 WITHDRAWAL OF REFERENCE ……………………………………………………………………. 76
(a) General ………………………………………………………………………………………………………. 76
(b) Procedure …………………………………………………………………………………………………… 76
5073-1 PHOTOGRAPHY, RECORDING DEVICES, AND BROADCASTING ………………. 76
(a) Prohibition of Broadcasting, Television, and Photography …………………………… 76
(b) Exceptions ………………………………………………………………………………………………….. 77
(c) Enforcement of Rule …………………………………………………………………………………… 77
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5075-1 MOTIONS FOR ADMINISTRATIVE ORDERS PURSUANT TO
28 U.S.C. § 156(c) ……………………………………………………………………………………………….. 77
(a) General ………………………………………………………………………………………………………. 77
(b) Procedure …………………………………………………………………………………………………… 77
5095-1 INVESTMENT OF ESTATE FUNDS …………………………………………………………………. 78
(a) Notice …………………………………………………………………………………………………………. 78
(b) Objection and Request for Hearing …………………………………………………………….. 78
(c) Designated Fund …………………………………………………………………………………………. 78
6004-1 SALE, USE, OR LEASE OF ESTATE PROPERTY ……………………………………………. 79
(a) General ………………………………………………………………………………………………………. 79
(b) Motion for Order Establishing Procedures for the Sale of Estate Property …… 79
(c) Motion for Order Authorizing the Sale of Estate Property …………………………… 80
(d) Notice of Intent to Sell, Use, or Lease Estate Property (Optional Procedure) … 81
(e) Sale of Publicly Traded Assets …………………………………………………………………….. 82
(f) Publication of Notice of Sale of Estate Property …………………………………………… 83
(g) Report of Sale …………………………………………………………………………………………….. 83
(h) Disbursement of Sale Proceeds ……………………………………………………………………. 83
(i) Chapter 13 Cases ………………………………………………………………………………………….83
6007-1 ABANDONMENT ……………………………………………………………………………………………… 83
(a) Notice of Intent to Abandon ………………………………………………………………………… 83
(b) Motion to Compel Abandonment ………………………………………………………………… 83
(c) Notice …………………………………………………………………………………………………………. 83
(d) Absence of Objection and Request for Hearing ……………………………………………. 84
(e) Objection and Request for Hearing …………………………………………………………….. 84
7003-1 ADVERSARY PROCEEDING SHEET ………………………………………………………………. 85
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7004-1 ISSUANCE AND SERVICE OF SUMMONS AND NOTICE
OF STATUS CONFERENCE …………………………………………………………………………….. 85
(a) Issuance ……………………………………………………………………………………………………… 85
(b) Manner of Service ………………………………………………………………………………………. 85
7004-2 LIMITATIONS ON SERVICE BY MARSHAL ………………………………………………….. 86
(a) General ………………………………………………………………………………………………………. 86
(b) Exception …………………………………………………………………………………………………… 86
7008-1 CORE/NON-CORE DESIGNATION ………………………………………………………………….. 86
7015-1 AMENDED AND SUPPLEMENTAL PLEADINGS ……………………………………………. 86
(a) Proposed Amendment ………………………………………………………………………………… 86
(b) Form ………………………………………………………………………………………………………….. 86
7016-1 STATUS CONFERENCE, PRETRIAL, AND TRIAL PROCEDURE ………………….. 86
(a) Status Conference ………………………………………………………………………………………. 86
(b) Pretrial Stipulation and Order ……………………………………………………………………. 87
(c) Plaintiff’s Duty …………………………………………………………………………………………… 89
(d) Duty of Parties Other Than Plaintiff …………………………………………………………… 89
(e) Non-receipt of Proposed Pretrial Stipulation ……………………………………………….. 89
(f) Sanctions for Failure to Comply with Rule ………………………………………………….. 90
(g) Failure to Appear at Hearing or Prepare for Trial ………………………………………. 90
7026-1 DISCOVERY ……………………………………………………………………………………………………… 90
(a) General ………………………………………………………………………………………………………. 90
(b) Discovery Conference and Disclosures ………………………………………………………… 90
(c) Failure to Make Disclosures or Cooperate in Discovery ……………………………….. 91
7026-2 DISCOVERY DOCUMENTS – RETENTION, FILING, AND COPIES ………………. 92
(a) Retention by Propounding Party …………………………………………………………………. 92
(b) Period of Retention for Discovery Documents ……………………………………………… 92
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(c) Filing of Discovery Documents ……………………………………………………………………. 92
(d) Copies of Discovery Documents …………………………………………………………………… 92
7026-3 INTERROGATORIES AND REQUESTS FOR ADMISSION …………………………….. 93
(a) Form ………………………………………………………………………………………………………….. 93
(b) Number of Interrogatories Permitted ………………………………………………………….. 93
(c) Answers and Objections ……………………………………………………………………………… 93
(d) Retention by Propounding Party …………………………………………………………………. 93
7030-1 DEPOSITIONS ………………………………………………………………………………………………….. 93
(a) Custody of Original Transcript …………………………………………………………………… 93
(b) Use of Deposition Evidence in Contested Hearing or Trial …………………………… 93
(c) Deposition Summary ………………………………………………………………………………….. 94
7041-1 DISMISSAL OF ADVERSARY PROCEEDING …………………………………………………. 94
(a) Dismissal for Want of Prosecution ………………………………………………………………..94
(b) Dismissal for Failure to Appear …………………………………………………………………… 94
(c) Reinstatement – Sanctions ………………………………………………………………………….. 94
(d) Notice of Dismissal ……………………………………………………………………………………… 94
7052-1 FINDINGS OF FACT AND CONCLUSIONS OF LAW ……………………………………… 94
(a) Preparation and Lodging ……………………………………………………………………………. 94
(b) Findings of Fact ………………………………………………………………………………………….. 95
(c) Conclusions of Law …………………………………………………………………………………….. 95
7054-1 TAXATION OF COSTS AND AWARD OF ATTORNEYS’ FEES ……………………… 95
(a) Who May Be Awarded Costs ………………………………………………………………………. 95
(b) Prevailing Party …………………………………………………………………………………………. 95
(c) Bill of Costs ………………………………………………………………………………………………… 95
(d) Items Taxable as Costs ……………………………………………………………………………….. 96
(e) Court Ruling…………………………………………………………………………………………………96
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(f) Entry of Costs …………………………………………………………………………………………….. 96
(g) Motion for Attorneys’ Fees …………………………………………………………………………. 96
(h) Execution …………………………………………………………………………………………………… 96
7055-1 DEFAULT …………………………………………………………………………………………………………. 97
(a) Request for Entry of Default ……………………………………………………………………….. 97
(b) Motion for Default Judgment ……………………………………………………………………… 97
7056-1 SUMMARY JUDGMENT ………………………………………………………………………………….. 98
(a) General ………………………………………………………………………………………………………. 98
(b) Motion and Supporting Documents …………………………………………………………….. 98
(c) Response and Supporting Documents ………………………………………………………….. 99
(d) Reply ………………………………………………………………………………………………………….. 99
(e) Stipulated Facts ………………………………………………………………………………………….. 99
(f) Facts Deemed Admitted ……………………………………………………………………………… 99
(g) Non-Opposition to Summary Judgment is Not Consent………………………………….99
7064-1 SEIZURE OF PERSONS AND PROPERTY …………………………………………………….. 100
(a) Issuance of Writ ……………………………………………………………………………………….. 100
(b) Writ or Other Process of Seizure ………………………………………………………………. 100
(c) Process Requiring Entry Upon Premises ……………………………………………………. 100
(d) Eviction ……………………………………………………………………………………………………. 100
(e) Form of Writ or Order ……………………………………………………………………………… 100
7065-1 INJUNCTIONS ………………………………………………………………………………………………… 101
(a) Adversary Proceeding Required ……………………………………………………………….. 101
(b) Temporary Restraining Orders and Preliminary Injunctions …………………….. 101
(c) Approval of Bonds, Undertakings, and Stipulations Regarding Security …….. 101
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7067-1 REGISTRY FUND ……………………………………………………………………………………………. 101
(a) Deposit of Registry Funds …………………………………………………………………………. 101
(b) Notice to Clerk ………………………………………………………………………………………….. 101
(c) Timing of Deposit ……………………………………………………………………………………… 102
(d) Fees Charged on Registry Funds ……………………………………………………………….. 102
(e) Disbursements of Registry Funds ………………………………………………………………. 102
7069-1 ENFORCEMENT OF JUDGMENT AND PROVISIONAL REMEDIES …………… 102
(a) Use of United States Marshal is Discouraged ……………………………………………… 102
(b) Forms ………………………………………………………………………………………………………. 102
7069-2 DISCOVERY IN AID OF ENFORCEMENT OF JUDGMENT …………………………. 102
(a) Discovery Permitted ………………………………………………………………………………….. 102
(b) Rule 2004 Examination Not Permitted ………………………………………………………. 103
8000-1 RULES APPLICABLE TO BANKRUPTCY APPEALS ……………………………………. 105
(a) All Appeals ……………………………………………………………………………………………….. 105
(b) Appeals to District Court ………………………………………………………………………….. 105
(c) Appeals to BAP ………………………………………………………………………………………… 105
(d) Direct Appeals to Ninth Circuit Court of Appeals ……………………………………… 105
8003-1 SERVICE OF NOTICE OF APPEAL ……………………………………………………………….. 105
(a) Service on Parties to Appeal ……………………………………………………………………… 105
9001-1 DEFINITIONS …………………………………………………………………………………………………. 107
(a) Definition of Terms …………………………………………………………………………………… 107
(b) Terms Not Otherwise Defined …………………………………………………………………… 110
9004-1 FORM OF DOCUMENTS FILED OR LODGED WITH COURT …………………….. 110
(a) General …………………………………………………………………………………………………….. 110
(b) Signature of Person …………………………………………………………………………………… 110
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9009-1 FORMS ……………………………………………………………………………………………………………. 110
(a) Official Forms …………………………………………………………………………………………… 110
(b) Court-approved Forms ……………………………………………………………………………… 111
(c) Certificate of Substantial Compliance …………………………………………………………111
9011-1 SIGNATURES ………………………………………………………………………………………………….. 111
(a) Holographic Signatures …………………………………………………………………………….. 111
(b) Electronic Signatures ………………………………………………………………………………… 112
(c) Powers of Attorney Etc. Distinguished ………………………………………………………. 112
(d) Retention of Original Signatures for Five Years ………………………………………… 112
9011-2 PERSONS APPEARING WITHOUT COUNSEL ……………………………………………… 112
(a) Corporation, Partnership, Unincorporated Association, or Trust ……………….. 112
(b) Individuals ……………………………………………………………………………………………….. 113
(c) Minors or Incompetents ……………………………………………………………………………. 113
(d) Compliance with Rules ……………………………………………………………………………… 113
9011-3 SANCTIONS ……………………………………………………………………………………………………. 113
(a) Violation of Rules ……………………………………………………………………………………… 113
(b) Failure to Appear or Prepare ……………………………………………………………………. 113
(c) Penalties for an Unnecessary or Unwarranted Motion or Opposition …………. 113
9013-1 MOTION PRACTICE AND CONTESTED MATTERS ……………………………………. 114
(a) Applicability …………………………………………………………………………………………….. 114
(b) Motion Calendar ………………………………………………………………………………………. 114
(c) Form and Content of Motion and Notice ……………………………………………………. 115
(d) Time Limits for Service and Filing of Motions …………………………………………… 115
(e) Proof of Service ………………………………………………………………………………………… 116
(f) Opposition and Responses to Motions ……………………………………………………….. 116
(g) Reply Documents ……………………………………………………………………………………… 117
xvi 12/17
(h) Failure to File Required Documents ………………………………………………………….. 117
(i) Evidence on Motions, Responses to Motions, or Reply ……………………………….. 117
(j) Appearance at Hearing ……………………………………………………………………………… 118
(k) Voluntary Dismissal or Stipulation to Dismiss a Motion …………………………….. 118
(l) Motion Previously Denied …………………………………………………………………………. 118
(m) Continuance ……………………………………………………………………………………………… 119
(n) Discovery ………………………………………………………………………………………………….. 120
(o) Motions and Matters Determined After Notice of Opportunity
to Request Hearing …………………………………………………………………………………… 120
(p) Motions and Matters Determined with Notice, but without a Hearing…………. 122
(q) Motions and Matters Determined without Additional Notice and
without a Hearing ……………………………………………………………………………………… 123
9013-2 BRIEFS AND MEMORANDA OF LAW …………………………………………………………… 123
(a) Trial Briefs ……………………………………………………………………………………………….. 123
(b) Form of Briefs ………………………………………………………………………………………….. 124
(c) Citations …………………………………………………………………………………………………… 124
9013-3 PROOF OF SERVICE ……………………………………………………………………………………… 125
(a) Duty to Serve Documents…………………………………………………………………………… 125
(b) Mandatory Court Form ……………………………………………………………………………. 125
(c) Attach to Document to be Filed………………………………………………………………….. 125
(d) Explicitly Indicate the Method of Service and How Person
or Entity is Related to the Case …………………………………………………………………. 125
9013-4 NEW TRIAL OR HEARING ON CONTESTED MATTERS …………………………….. 127
(a) Grounds …………………………………………………………………………………………………… 127
(b) Procedure …………………………………………………………………………………………………. 127
(c) Documents, Transcripts, Evidence …………………………………………………………….. 128
(d) Declarations – Time for Filing …………………………………………………………………… 128
xvii 12/17
(e) Hearing …………………………………………………………………………………………………….. 128
9015-1 JURY TRIALS …………………………………………………………………………………………………. 128
(a) Number of Jurors ……………………………………………………………………………………… 128
(b) Instructions ………………………………………………………………………………………………. 129
(c) Objections to Instructions …………………………………………………………………………. 129
(d) Special Verdicts and Interrogatories …………………………………………………………. 129
9015-2 DEMAND FOR JURY TRIAL ………………………………………………………………………….. 130
(a) Right to Trial by Jury ……………………………………………………………………………….. 130
(b) Demand ……………………………………………………………………………………………………. 130
(c) Withdrawal of Demand …………………………………………………………………………….. 130
(d) Waiver ……………………………………………………………………………………………………… 130
(e) Trial by the Court …………………………………………………………………………………….. 131
(f) Advisory Jury and Trial by Consent ………………………………………………………….. 131
(g) Pretrial Procedure Where Jury Trial Requested ……………………………………….. 131
(h) Motion for Withdrawal of Reference …………………………………………………………. 131
9019-1 SETTLEMENTS ………………………………………………………………………………………………. 131
(a) General …………………………………………………………………………………………………….. 131
(b) Failure to Comply – Sanctions …………………………………………………………………… 132
9020-1 ORDER TO SHOW CAUSE BY APPEARING AND FILING WRITTEN
EXPLANATION WHY PARTY SHOULD NOT BE HELD IN CONTEMPT ……. 132
(a) General …………………………………………………………………………………………………….. 132
(b) Motion ……………………………………………………………………………………………………… 132
(c) Proposed Order to Explain in Writing and Appear at Hearing …………………… 132
(d) Hearing on Issuance of Order to Show Cause Why Party
Should Not be Held in Contempt ……………………………………………………………….. 132
(e) Service of Order to Show Cause Why the Party Should Not be Held
in Contempt ……………………………………………………………………………………………… 133
xviii 12/17
(f) Hearing on Merits of Order to Show Cause Why Party Should Not
be Held in Contempt …………………………………………………………………………………. 133
9021-1 ORDERS AND JUDGMENTS ………………………………………………………………………….. 133
(a) General …………………………………………………………………………………………………….. 133
(b) Preparation, Lodging, and Signing of Orders …………………………………………….. 133
(c) Entry of Orders ………………………………………………………………………………………… 135
(d) Duty of Clerk as to an Order Directing an Action by an Official of
the United States ………………………………………………………………………………………. 136
(e) Amended or Corrected Orders ………………………………………………………………….. 136
9027-1 REMOVAL AND REMAND …………………………………………………………………………….. 137
(a) Notice of Removal …………………………………………………………………………………….. 137
(b) Status Conference …………………………………………………………………………………….. 137
(c) Remand ……………………………………………………………………………………………………. 137
(d) Filing Copies of Docket and Filed Documents ……………………………………………. 137
(e) Demand for Jury Trial ……………………………………………………………………………… 138
9036-1 NOTICE AND SERVICE BY ELECTRONIC TRANSMISSION ………………………. 138
(a) Service on Registered CM/ECF Users ……………………………………………………….. 138
(b) Service on non-CM/ECF Users…………………………………………………………………… 138
(c) Service on Debtors who Request DeBN ………………………………………………………. 139
9037-1 REDACTION REQUESTS AND PROTECTIVE ORDERS REGARDING
PERSONAL IDENTIFIERS………………………………………………………………………………. 139
(a) Redaction from Filed Document…………………………………………………………………. 139
(b) Redaction from Transcript ………………………………………………………………………… 139
9070-1 EXHIBITS ……………………………………………………………………………………………………….. 139
(a) Trial Exhibits ……………………………………………………………………………………………. 139
(b) Retention and Disposition of Trial Exhibits ……………………………………………….. 140
xix 12/17
9071-1 STIPULATION ………………………………………………………………………………………………… 140
(a) General …………………………………………………………………………………………………….. 140
(b) Stipulation Requiring Notice under FRBP 4001(d) or 9019 ………………………… 140
9074-1 TELEPHONIC APPEARANCES AT COURT HEARINGS ………………………………. 141
9075-1 EMERGENCY MOTIONS AND APPLICATIONS FOR ORDERS SETTING
HEARING ON SHORTENED NOTICE …………………………………………………………… 141
(a) Emergency Motion ……………………………………………………………………………………. 141
(b) Order Setting Hearing on Shortened Notice ………………………………………………. 142
(c) Objection to Timing of Hearing …………………………………………………………………. 143
Appendix I LOCAL BANKRUPTCY RULES FORMS LIST
Appendix II ATTORNEY DISCIPLINE PROCEDURES IN BANKRUPTCY COURT
(Fourth Amended General Order No. 96-05)
Appendix III ADOPTION OF MEDIATION PROGRAM FOR BANKRUPTCY CASES
AND ADVERSARY PROCEEDINGS (Third Amended General Order No.
95-01)
Appendix IV GUIDELINES FOR ALLOWANCE OF ATTORNEYS’ FEES IN
CHAPTER 13 CASES
xx 12/17
LBR 1001-1
LBR 1001-1. TITLE, APPLICATION, AND SCOPE OF RULES
(a) Title, Citation and Effective Date. These are the Local Bankruptcy Rules of the
United States Bankruptcy Court for the Central District of California (hereinafter,
“Local Bankruptcy Rules” or “rules”). They may be cited as “LBR ,” and are
effective on December 1, 2017. The court in its discretion may order that a case or
proceeding pending prior to the effective date be governed by the practice of the court
prior to the adoption of these LBRs.
(b) Application and Construction.
(1) The Local Bankruptcy Rules are adopted pursuant to 28 U.S.C. § 2075,
F.R.Civ.P. 83, and FRBP 9029. They are intended to supplement the FRBP and
those portions of the F.R.Civ.P. that are incorporated by the FRBP. The Local
Bankruptcy Rules are to be construed consistent with, and subordinate to, the
FRBP and F.R.Civ.P. and to promote the just, speedy, and economic
determination of every case and proceeding. Numbers for Local Bankruptcy
Rules track numbers of related FRBP and FRBP Interim Rules, to the extent they
exist.
(2) The Local Bankruptcy Rules apply to all bankruptcy cases and proceedings
(including all cases removed pursuant to 28 U.S.C. § 1452 or 15 U.S.C. § 78eee)
pending in the United States Bankruptcy Court for the Central District of
California.
(3) The Local Bankruptcy Rules apply in the United States District Court for the
Central District of California in lieu of the Central District of California Local
Civil Rules when the district court is exercising its original bankruptcy
jurisdiction pursuant to 28 U.S.C. § 1334.
(c) Application to Persons Appearing without Counsel. A person who appears and is
not represented by counsel must comply with the Local Bankruptcy Rules. Each
reference in the Local Bankruptcy Rules to “attorney” or “counsel” applies equally to a
party who is not represented by counsel, unless the context otherwise requires.
(d) Modification. The Local Bankruptcy Rules apply uniformly throughout the district, but
are not intended to limit the discretion of the court. The court may waive the
application of any Local Bankruptcy Rule in any case or proceeding, or make
additional orders as it deems appropriate, in the interest of justice.
(e) Procedure in Absence of Rule.
(1) A matter not specifically covered by these Local Bankruptcy Rules may be
determined, if possible, by parallel or analogy to the F.R.Civ.P., the FRBP, or the
Local Civil Rules.
(2) If no parallel or analogy exists, then the court may proceed in any lawful manner
not inconsistent with these Local Bankruptcy Rules and the FRBP.
1 12/17
LBR 1002-1
(f) Sanctions for Noncompliance with Rules. The failure of counsel or of a party to
comply with these Local Bankruptcy Rules, with the F.R.Civ.P. or the FRBP, or with
any order of the court may be grounds for the imposition of sanctions pursuant to
applicable law, including the Bankruptcy Code, the F.R.Civ.P., the FRBP, and the
inherent powers of the court.
LBR 1001-2. RULES OF CONSTRUCTION
(a) Construction of Terms. As used in these rules –
(1) “must” is mandatory.
(2) “must not” is prohibitive, not permissive.
(3) “may” is discretionary.
(4) “or” is not exclusive.
(5) “includes” and “including” are not limiting.
(b) Gender; Plurals. Wherever applicable, each gender includes the other gender and the
singular includes the plural.
(c) Definitions. Words and phrases listed in LBR 9001-1 will be construed according to the
definitions contained in that rule.
LBR 1002-1. PETITION AND CASE COMMENCEMENT DOCUMENTS – GENERAL
(a) Debtor’s Street Address.
(1) Filed with Petition. In a petition filed under 11 U.S.C. §§ 301, 302, 303, or 1504,
the debtor’s actual street address must be disclosed in addition to any post office
box address.
(2) Change of Address. Using the court-approved form, pursuant to FRBP
4002(a)(5), a debtor must file and serve a change of address each time a debtor’s
street address or post office box changes.
(b) Attorney Information.
(1) General. A voluntary petition filed pursuant to 11 U.S.C. §§ 301 and 302 by an
attorney on behalf of any party must contain the attorney’s state bar identification
number, telephone number, fax number, and email address in the attorney name
block.
(2) Signature of Counsel. The name of the attorney signing a petition must be printed
clearly below the signature line.
2 12/17
LBR 1002-1
(c) Required Case Commencement Documents.
A list of all documents required to file a voluntary bankruptcy case under chapter 7, 11,
and 13, is contained in the Court Manual and Petition Packages.
(d) Redaction of Personal Identifiers.
(1) Unless otherwise ordered by the court, a party in interest must redact where
inclusion is necessary, the following personal identifiers from all lists, schedules,
statements, payment advices, or other documents filed or required to be filed with
the court in accordance with FRBP 9037(a):
(A) Social Security Numbers. If disclosure of a social security number is
required, only the last four digits of that number should be used. [This does
not apply to Official Form 121, Statement About Your Social Security
Numbers].
(B) Names of Minor Children. If disclosure of the identity of any minor child is
required, only the initials of that child should be used.
(C) Date of Birth. If disclosure of an individual’s date of birth is required, only
the year should be used.
(D) Financial Account Numbers. If disclosure of any financial account number
is required, only the last four digits of that number should be used.
(2) The responsibility for redacting these personal identifiers rests solely with the
debtor and debtor’s counsel. The court will not review documents for compliance
with this rule.
(3) If the debtor wishes to block public access to a filed document containing a
personal identifier, a motion is required and may be filed and served pursuant to
LBR 9037-1.
(e) Effect of Failure to Specify Necessary Information.
(1) If the petition fails to specify the chapter under which relief is sought, the case
will be deemed to have been filed under chapter 7.
(2) If the petition fails to specify whether it is a consumer or business case, it will be
presumed to be a consumer case.
(3) If the petition fails to indicate the number of creditors or equity holders, or the
amount of assets or debts, it will be presumed that the case falls in the smallest
category of each.
3 12/17
LBR 1006-1
LBR 1006-1. PETITION FILING FEES
(a) Payment of the Petition Filing Fee in Installments.
(1) Eligibility. Only an individual debtor who is unable to pay the full filing fee for a
voluntary petition under chapter 7, 11, 12, or 13, may apply for permission to pay
the filing fee in installments. A corporation, partnership, limited liability company,
unincorporated association, trust, or other artificial entity must pay the filing fee in
full at the time the petition is filed.
(2) Application. The debtor must file a written application for an order permitting
payment of the filing fee in installments. The application must be accompanied by
a declaration under penalty of perjury establishing that the debtor is unable to pay
the filing fee except in installments. The application and declaration must be
completed on forms prescribed by the court and presented for filing with the
petition. If unrepresented by an attorney, or if required by the court, the debtor
must also present evidence of personal identification in the form of a valid
government-issued driver’s license or identification card, or other similar form of
identification satisfactory to the clerk.
(3) Hearing. On the petition date or at a later date and time the designated judge may
select for a hearing, the debtor must appear personally before a designated judge to
present the application, supporting declaration, and proposed order. The debtor
must provide sworn testimony regarding the basis for the application and
circumstances of the bankruptcy filing. Unless the court expressly waives the
requirement of personal appearance, the debtor’s failure to appear and testify at the
prescribed time and place will result in denial of the application and dismissal of the
bankruptcy case.
(4) Notice. Compliance with the notice and service requirements of LBR 9013-1 is not
required, unless otherwise ordered by the designated judge.
(5) Order. An order authorizing payment of the filing fee in installments must fix the
number of installments and the amount and due date of each installment. The
number of installments must not exceed 4. The final installment is payable not later
than 120 days after the filing of the petition, unless extended by the court for cause
shown to a date not later than 180 days after the petition date. The first payment
must be at least $30, unless otherwise ordered by the court.
(6) Dismissal for Nonpayment. The debtor’s failure to pay any installment when due
may result in dismissal of the case without further notice and hearing.
4 12/17
LBR 1007-1
(b) Waiver of Chapter 7 Filing Fee.
(1) Eligibility. Only an individual debtor may file an application to waive the filing fee
in a chapter 7 case.
(2) Application. The debtor must submit a written application for an order waiving
payment of the filing fee in a chapter 7 case. The application must be accompanied
by a declaration under penalty of perjury establishing that the debtor qualifies for a
waiver and is unable to pay the filing fee. The application and declaration must be
completed on forms prescribed by the court and presented for filing with the
petition. If unrepresented by an attorney, or if required by the court, the debtor
must also present evidence of personal identification in the form of a valid
government-issued driver’s license or identification card, or other similar form of
identification satisfactory to the clerk.
(3) Hearing. On the petition date or at a later date and time the designated judge may
select for a hearing, the debtor must appear personally before a designated judge to
present the application, supporting declaration, and proposed order. The debtor
must provide sworn testimony regarding the basis for the application and
circumstances of the bankruptcy filing. Unless the court specifically waives the
requirement of personal appearance, the debtor’s failure to appear and testify at the
prescribed time and place will result in denial of the application and dismissal of the
bankruptcy case.
(4) Notice. Compliance with the notice and service requirements of LBR 9013-1 is not
required, unless otherwise ordered by the designated judge.
(5) Order. An order denying an application to waive the chapter 7 filing fee may
provide for payment of the filing fee in installments pursuant to LBR 1006-1(a)(5).
LBR 1007-1. LISTS, SCHEDULES, AND STATEMENTS
(a) Master Mailing List.
(1) General. A master mailing list must be filed with the voluntary petition in the
format specified in the Court Manual. Unless otherwise ordered, the master mailing
list must include the name, mailing address, and zip code of each creditor listed on
Schedules D, E/F, G, and H.
(2) Partnerships, Corporations, Limited Liability Companies, and Other Eligible
Entities. If the debtor is a partnership, corporation, limited liability company, or
other eligible entity, the master mailing list must include the name and address of
each general partner, senior corporate officer, or managing member. A list of all
limited partners, shareholders, or other equity holders must be provided either as
part of the master mailing list or as a separate “Equity Holders’ Mailing List.” The
Equity Holders’ Mailing List must comply with the format requirements of
subsection (a)(1) of this rule.
5 12/17
LBR 1007-1
(3) Verification of Completeness and Accuracy.
(A) The debtor, or such other person as the court may order, is responsible for the
accuracy and completeness of the master mailing list, any supplement to the
master mailing list, and the Equity Holders’ Mailing List.
(B) The master mailing list and any supplement must be accompanied by a
declaration by the debtor or debtor’s counsel attesting to the completeness and
correctness of the list.
(C) If the master mailing list or any supplement is submitted in a court-approved
electronic format and the electronic file is prepared by someone other than the
debtor or debtor’s counsel, a further declaration must be submitted by the
preparer to attest to the accuracy of the electronic file as it relates to the
information provided by the debtor or debtor’s counsel.
(D) The clerk will not compare the names and addresses of the creditors listed in
the schedules with the names and addresses shown on the master mailing list
or any supplement.
(4) Amendment. When an addition or change is required to the master mailing list, a
supplemental master mailing list, in the required format, containing only the newly
added or changed creditors must be filed. The supplement must not repeat those
creditors on the original master mailing list.
(b) Extension of Time to File Lists, Schedules, Statements, and Other Documents.
(1) A motion for an extension of time to file the lists of creditors and equity security
holders, or to file the schedules, statements, and other documents, must:
(A) identify the date the petition was filed, and the date of the proposed new
deadline; (B) be supported by a declaration under penalty of perjury establishing a
sufficient explanation for the requested extension of time; and (C) contain a proof
of service upon the case trustee (if any) and all creditors.
(2) The motion may be ruled upon without a hearing pursuant to LBR 9013-1(p).
(3) If the court grants the motion, the court may dismiss the case without further notice
and hearing if any list, schedule, statement, or plan (in chapter 13 cases) is not filed
within the additional time allowed by the court.
(c) Amendment of List, Schedule or Statement. When an amended list, schedule or
statement is filed, it must be accompanied by a Summary of Amended Schedules, Master
Mailing List, and/or Statements using the court-approved form.
6 12/17
LBR 1015-1
LBR 1007-4. DISCLOSURE OF CORPORATE RELATIONSHIPS
(a) Mandatory Statement. A debtor that is a corporation, other than a governmental unit,
must file with the petition a corporate ownership statement that either identifies any
corporation, other than a governmental unit, that directly or indirectly owns 10% or more
of any class of the debtor corporation’s equity interests or states that there are no such
entities to report.
(b) Supplemental Statement. The debtor must file a supplemental statement promptly upon
any change in circumstances that this rule requires the debtor to identify or disclose.
LBR 1010-1. INVOLUNTARY PETITIONS
The court may dismiss an involuntary petition without further notice and hearing if the petitioner
fails to (a) prepare a Summons and Notice of Status Conference in an Involuntary Bankruptcy
Case on the court-mandated form; (b) at the same time the involuntary petition is filed, submit
the Summons and Notice of Status Conference to the clerk for issuance; (c) serve the summons
and petition within the time allowed by FRBP 7004; (d) file a proof of service of the summons
and petition with the court; or (e) appear at the status conference set by the court.
LBR 1015-1. CONSOLIDATION AND JOINT ADMINISTRATION
(a) Joint Cases. A joint case commenced for spouses by the filing of a single petition under
11 U.S.C. § 302(a) will be deemed substantively consolidated unless the court orders
otherwise.
(b) Joint Administration of Cases Pending Before the Same Judge.
(1) Motion. If 2 or more cases are pending before the same judge, an order of joint
administration may be entered, without further notice and an opportunity for
hearing, upon the filing of a motion for joint administration pursuant to FRBP 1015
and LBR 9013-1(q), supported by a declaration establishing that the joint
administration of the cases is warranted, will ease the administrative burden for the
court and the parties, and will protect creditors of the different estates against
potential conflicts of interest.
(2) Order. An order granting a motion to approve joint administration must be lodged
using the court-approved form. An order of joint administration under this rule is
for procedural purposes only and shall not effect a substantive consolidation of the
respective debtors’ estates.
(3) Notice. Promptly upon entry of an order granting a motion for joint administration,
the movant must file and serve, using the court-approved form, a Notice of Joint
Administration and Requirements for Filing Documents.
(c) Reassignment of Cases Not Assigned to the Same Judge. A motion for joint
administration or for substantive consolidation must include a motion under LBR 1073-1
7 12/17
LBR 1015-2
to reassign the cases to be jointly administered or substantively consolidated if those
cases are not all assigned to one judge.
LBR 1015-2. RELATED CASES
(a) Definition of Related Cases. For purposes of this rule, cases are deemed “related cases”
if the earlier bankruptcy case was filed or pending at any time before the filing of the new
petition, and the debtors in such cases:
(1) Are the same;
(2) Are spouses, former spouses, domestic partners, or former domestic partners;
(3) Are “affiliates,” as defined in 11 U.S.C. § 101(2), except that 11 U.S.C. § 101(2)(B)
shall not apply;
(4) Are general partners in the same partnership;
(5) Are a partnership and one or more of its general partners;
(6) Are partnerships that share one or more common general partners; or
(7) Have, or within 180 days of the commencement of either of the related cases had,
an interest in property that was or is included in the property of another estate under
11 U.S.C. § 541(a), § 1115, § 1207, and/or § 1306.
(b) Disclosure of Related Cases.
(1) A petition commencing a case must be accompanied by court-mandated form
F 1015-2.1.STMT.RELATED.CASES, Statement of Related Cases.
(2) The petitioner must execute court-mandated form F 1015-
2.1.STMT.RELATED.CASES under penalty of perjury disclosing, to the
petitioner’s best knowledge, information and belief, whether a related case was filed
or has been pending at any time and if so, for each such related case:
(A) The name of the debtor in the related case;
(B) The case number of the related case;
(C) The district and division in which the related case is or was pending;
(D) The judge to whom the related case was assigned;
(E) The current status of the related case;
(F) The manner in which the cases are related; and
8 12/17
LBR 1017-1
(G) The real property, if any, listed in the Schedule A/B that was filed in the
related case.
(3) The failure to provide complete and accurate information in court-mandated form
F 1015-2.1.STMT.RELATED.CASES may subject the petitioner and its attorney to
appropriate sanctions, including the appointment of a trustee or dismissal of the
case with prejudice.
LBR 1017-1. CONVERSION
(a) Conversion Upon Debtor’s Request.
(1) First Time Conversion from Chapter 12 or 13 to Chapter 7. A debtor’s notice of
conversion under 11 U.S.C. §§ 1208(a) or 1307(a) must be filed and served on the
standing trustee and United States trustee. No hearing is required for conversion.
(2) Conversion from Chapter 12 or 13 to Chapter 11.
(A) Chapter 12 to Chapter 11. A debtor or other party in interest must request
conversion under 11 U.S.C. § 1208(e) by motion filed and served as required
by LBR 9013-1(d) or (o).
(B) Chapter 13 to Chapter 11. A debtor must request conversion under 11 U.S.C.
§ 1307(d) in accordance with the procedure set forth in LBR 3015-1(q)(2)(C).
(3) Conversion from Chapter 11 to another Chapter. A debtor must request conversion
under 11 U.S.C. § 1112(a) by motion filed and served as required by FRBP 9013,
and may be ruled on without a hearing pursuant to LBR 9013-1(p).
(4) Conversion from Chapter 7 to Chapter 11, 12 or 13. A debtor must request
conversion under 11 U.S.C. § 706(a) to a case under chapter 11, 12 or 13 by motion
which, unless otherwise ordered by the court, may be granted only after notice of
opportunity to request a hearing to the trustee, attorney for the trustee (if any),
United States trustee, and parties in interest, as provided in LBR 9013-1(o).
(b) Additional Fees Upon Conversion of a Case.
(1) A notice of conversion or motion for conversion of a case, whichever is required,
must be accompanied by payment of the filing fee, if any, required for conversion
of the case to the chapter for which conversion is sought.
(2) If a request to convert to chapter 11 is denied, the filing fee paid when the motion
was filed will be refunded to the payor upon written request to the Fiscal
Department of the clerk’s office. A conformed copy of the order denying the
request to convert to chapter 11 must be attached to the request for refund.
(3) If a request to convert a case to chapter 7 is denied, the filing fee paid when the
request was filed will not be refunded.
9 12/17
LBR 1017-2
LBR 1017-2. DISMISSAL OF CASE OR SUSPENSION OF PROCEEDINGS
(a) Dismissal for Failure to File Case Commencement Documents.
(1) Grounds or “Cause” for Dismissal. The failure of the person or entity who filed a
petition to file in a timely manner any case commencement document required by
the Bankruptcy Code, the FRBP, and these rules is grounds or “cause” for dismissal
of the case.
(2) Notice of Deficiency. If a petition is filed without all of the documents required by
the Bankruptcy Code, the FRBP, and these rules, the clerk will issue a notice to the
petitioner that identifies each of the deficiencies and states that the case will be
dismissed without further notice or hearing if the documents listed in the notice, or
a request for extension of time within which to file the required documents, are not
filed within 14 days from the filing of the petition.
(3) Dismissal Without Further Notice. If the required documents are not filed within
14 days from the filing of the petition or an extension of such 14-day period granted
by an order of the court, the case will be dismissed without further notice or
hearing.
(b) Dismissal of Chapter 7 Case for Failure to Attend Meeting of Creditors. The failure
of a chapter 7 debtor to appear at the initial meeting of creditors and any continuance
thereof is cause for dismissal of the case. Pursuant to LBR 9013-1(q), the court will
dismiss the case without a hearing upon the trustee’s motion for dismissal and declaration
that the debtor has failed to appear at two meetings of creditors.
(c) Motion to Vacate Dismissal.
(1) Any motion requesting that the dismissal of a case for failure to timely file a
required document or for failure to appear at the meeting of creditors be vacated
must include as exhibits to the motion all of the documents that were not timely
filed and must be supported by a declaration under penalty of perjury establishing a
sufficient explanation why the documents were not timely filed. The motion may be
ruled on without further notice or hearing pursuant to LBR 9013-1(q).
(2) In the event a dismissal order is vacated, the court may impose sanctions as it
deems just and reasonable.
(d) Filing a Subsequent Case. A petitioner who files a petition following the dismissal of a
case must disclose the dismissed case pursuant to LBR 1015-2.
(e) Motion to Dismiss or Suspend Proceedings.
(1) A motion by the debtor to dismiss a case filed under 11 U.S.C. §§ 301 or 302, a
motion by creditors or the debtor to dismiss an involuntary case filed under
11 U.S.C. § 303, or a motion to suspend all proceedings under 11 U.S.C. § 305
10 12/17
LBR 1073-1
must be supported by a declaration under penalty of perjury setting forth the reasons
for the request for dismissal or suspension.
(2) The declaration in support of the motion must disclose any arrangement or
agreement between the debtor and creditors or any other person in connection with
the motion for dismissal or suspension.
(3) The court may condition the dismissal upon payment of fees and expenses,
including fees due to the United States trustee.
(f) Retention of Jurisdiction. Notwithstanding any dismissal, the court retains jurisdiction
regarding all issues involving sanctions, any bar against being a debtor in bankruptcy, all
issues arising under 11 U.S.C. §§ 105, 107, 109(g), 110, 303, 329, 330, 349, 362, and
364, and to any additional extent permissible under applicable law.
LBR 1071-1. DIVISIONS – PLACE OF FILING
(a) Filing of Petition. Unless otherwise ordered by the court, a petition commencing a case
under the Bankruptcy Code must be filed with the Clerk of the United States Bankruptcy
Court for the Central District of California in the “applicable division.”
(1) The “applicable division” is determined by the location of the debtor’s residence,
principal offices, officers, and books and records, or where the majority of the
debtor’s assets are located based on a book value determination as set forth on the
debtor’s most current balance sheet.
(2) Information concerning the “applicable division” for the filing of the petition is
contained in the Court Manual.
(b) Petition Filed in Wrong Division. If a petition is filed in the wrong division, the court
may, on its own, transfer it to the appropriate division or retain the case.
(c) Filing of Documents Other Than a Petition. Documents filed non-electronically, other
than a petition, must be filed only in the divisional office of the clerk to which the
relevant case or proceeding has been assigned. However, the clerk may, by special
waiver or upon order of the court, accept documents in any office of the clerk irrespective
of division.
LBR 1073-1. ASSIGNMENT OR REASSIGNMENT OF CASES AND PROCEEDINGS
(a) Assignment or Reassignment of Related Cases and Proceedings. The court will
assign or reassign related cases or proceedings pursuant to the procedures established by
the court’s General Orders or as provided in the Court Manual.
11 12/17
LBR 1073-1
(b) Motion for Reassignment or Consolidation of Related Cases or Proceedings.
(1) A motion by a party in interest for reassignment or consolidation of related
bankruptcy cases or adversary proceedings must be made to the judge to whom the
low-numbered case is assigned.
(2) The motion must be filed and served in accordance with LBR 9013-1(o). Notice
must be given to the debtor or debtor in possession, the trustee (if any), the
creditors’ committee or the 20 largest unsecured creditors if no committee has been
appointed, any other committee appointed in the case, counsel for any of the
foregoing, the United States trustee, and any other party in interest entitled to notice
under FRBP 2002. Notice of a motion seeking the reassignment or consolidation of
an adversary proceeding must be given to each party named in the adversary
proceeding. A judge’s copy of the motion must also be served in chambers on the
higher-numbered judge.
12 12/17
LBR 2002-1
LBR 2002-1. NOTICE TO AND SERVICE UPON CREDITORS AND OTHER
INTERESTED PARTIES
(a) Request to Designate Address for Authorized Agent Pursuant to FRBP 2002(g).
(1) Title. The title in the caption of the request must be “Request to Designate Address
for Authorized Agent Pursuant to FRBP 2002(g).”
(2) Contents. A person or entity filing a request for notices to be served on an
authorized agent pursuant to FRBP 2002(g) must include in the request for notice:
(A) name of the person or entity requesting notice; (B) mailing address, including
street address for overnight delivery or personal service; (C) telephone number;
(D) facsimile number; (E) email address; (F) name of the person or entity whom the
authorized agent represents; and (G) whether or not the authorized agent is a
registered CM/ECF user.
(3) Consent to Electronic Notice and Service. Subject to the provisions of LBR
9036-1, if an authorized agent is a registered CM/ECF user, the agent is deemed to
consent to receive electronic notice and service from the clerk and parties in interest
in the case or proceeding.
(b) Request for Notice Despite Order Limiting Notice to Committees.
(1) Contents. A person or entity filing a request for notices served pursuant to FRBP
2002 must include in the request for notice: (A) name of the person or entity
requesting notice; (B) mailing address, including street address for overnight
delivery or personal service; (C) telephone number; (D) facsimile number;
(E) email address; (F) name of the person or entity represented, if any;
(G) a statement that the requesting party is a creditor and/or equity security holder
of the debtor and notice is requested on the basis of the court having limited notice
to a committee; and (H) a statement that the request is limited to notices required to
be provided under FRBP 2002(a)(2), (a)(3), and (a)(6) and does not include any
moving or responsive or reply documents, any evidence, or any proposed orders or
entered orders.
(2) Consent to Electronic Notice. Subject to the provisions of LBR 9036-1, a creditor
or equity security holder of the debtor filing a request for notice under subsection
(b)(1) of this rule is deemed to consent to receive electronic notice from the clerk
and parties in interest in the case or proceeding.
(c) Mailing List in Chapter 9 and 11 Cases. In chapter 9 and 11 cases only, the debtor in
possession or trustee must maintain a current mailing list of entities who have served a
request for notice pursuant to FRBP 2002 and must promptly furnish a copy of that list
upon the request of any creditor or other interested party.
(d) Notice of Address in a Specific Case. Pursuant to 11 U.S.C. § 342(e), a creditor may
file a Notice of Address to be Used in Specific Case using the court-approved form.
13 12/17
LBR 2002-2
(e) Request to be Added to Courtesy NEF.
(1) Filing. Any person or entity registered as a CM/ECF User may file a Request to
be Added to Courtesy NEF in any case or proceeding, using the court-approved
form.
(2) Consent to Electronic Notice and Service. Subject to the provisions of LBR
9036-1, a person or entity who files a Request to be Added to Courtesy NEF
consents to electronic notice and service from the clerk and parties in interest in
the case or proceeding.
(3) No Duty. The filing of a Request to be Added to Courtesy NEF does not create a
duty on the clerk or any party in interest to provide notice or service of any
document.
LBR 2002-2. NOTICE TO AND SERVICE UPON THE UNITED STATES OR
FEDERAL AGENCIES
(a) United States Trustee.
(1) Duty to Provide Notice to and Service Upon the United States trustee. Pursuant
to FRBP 2002(k), FRBP 9034 and these rules, and unless otherwise directed, a
copy of any document filed by a person or entity in a bankruptcy case or
adversary proceeding under chapters 7, 9, or 11 must be served upon the United
States trustee. In chapter 12 or 13 cases, only a notice of conversion or motion to
convert the case to another chapter must be served upon the United States trustee.
Proofs of claim or copies thereof must not be served upon the United States
trustee.
(2) Consent to Electronic Notice and Service of Documents Filed with the Court.
Notwithstanding subsection (a)(1) of this rule, and except as provided in
subsection (a)(3) of this rule, the United States trustee consents to electronic
notice and service of any document filed in a bankruptcy case or adversary
proceeding.
(A) Electronic Notice. The electronic transmission to the United States trustee
of an NEF or a notice through the Bankruptcy Noticing Center constitutes
notice to the United States trustee of a document filed in a bankruptcy case
or adversary proceeding, including notice of entry of an order or judgment,
whether it is the duty of the clerk or another person or entity to give such
notice. A proof of service prepared and filed pursuant to LBR 9013-3 must
state that the United States trustee will be served electronically by the court.
14 12/17
LBR 2002-2
(B) Electronic Service. The electronic transmission to the United States trustee
of an NEF regarding a document filed in a bankruptcy case or adversary
proceeding, which is required to be served on the United States trustee
pursuant to FRBP 2002(k), FRBP 9022, FRBP 9034 or these rules,
constitutes service of the document on the United States trustee. A proof of
service prepared and filed pursuant to LBR 9013-3 must state that the
United States trustee will be served electronically by the court.
(3) Exceptions to Electronic Notice and Service. Notwithstanding the foregoing and
in addition to the exceptions to electronic notice and service set forth in LBR
9036-1(a)(2), the following documents must be served on the United States
trustee non-electronically:
(A) A document exceeding 50 pages in length, including exhibits;
(B) A motion to be heard on an emergency basis pursuant to LBR 9075-1(a) or
on shortened notice pursuant to LBR 9075-1(b), and any response thereto;
(C) Any document filed within 7 days of the date of the hearing;
(D) Proposed orders or judgments if required to be served on the United States
trustee under LBR 9021-1(b);
(E) Complaints served upon the United States trustee as a defendant. Persons
and entities must comply with FRBP 7004(b)(10) when the United States
trustee is named in an adversary proceeding as a party, whether or not the
United States trustee is a trustee in the case; and
(F) Any document served upon the United States trustee and/or any of the
United States trustee’s staff in their capacity as individuals. The service of
any such document must be made in compliance with Rule 4 of the
F.R.Civ.P. and with any and all other applicable rules of civil, bankruptcy
and/or appellate procedure.
(4) Telephonic Notice of Hearing Set on an Emergency Basis or Shortened Notice.
Telephonic notice of a hearing set on an emergency basis or hearing set on
shortened notice basis pursuant to LBR 9075-1 must be given to the United States
trustee if the United States trustee would otherwise be entitled to notice of the
type of motion or hearing.
(5) Place of Service for Non-electronic Notice or Service. For documents for which
the United States trustee has not consented to electronic notice and service, the
United States trustee must be served non-electronically at the applicable mailing
address listed in the Register of Federal and State Governmental Unit Addresses
contained in the Court Manual.
15 12/17
LBR 2004-1
(b) United States Attorney. The United States attorney for this district has waived notice
under FRBP 2002(j). If notice is required in a case or proceeding, the United States
attorney must file a request for notice with the court and serve the debtor, debtor’s
attorney (if any), the United States trustee, any trustee, and the representatives of any
committee appointed in a case.
(c) Internal Revenue Service.
(1) General Notice Matters. Except with respect to contested matters or adversary
proceedings (where service must comply with the requirements of FRBP 7004
and LBR 2002-2(c)(2)), or as otherwise ordered by the court, the United States
Internal Revenue Service must be served at the address listed in the Register of
Federal and State Governmental Unit Addresses contained in the Court Manual.
(2) Adversary Proceedings and Contested Matters. In all contested matters and
adversary proceedings involving the United States Internal Revenue Service, the
United States, the Attorney General in Washington, D.C., and the United States
attorney in Los Angeles must be served at addresses listed in the Register of
Federal and State Governmental Unit Addresses contained in the Court Manual.
LBR 2004-1. MOTIONS FOR EXAMINATION UNDER FRBP 2004
(a) Conference Required. Prior to filing a motion for examination or for production of
documents under FRBP 2004, the moving party must attempt to confer (in person or
telephonically) with the entity to be examined, or its counsel, to arrange for a mutually
agreeable date, time, place, and scope of an examination or production.
(b) Motion. A motion for examination under FRBP 2004 must be filed stating the name,
place of residence, and the place of employment of the entity to be examined, if known.
The motion must include a declaration of counsel stating whether the required
conference was held and the efforts made to obtain an agreeable date, time, place, and
scope of an examination or production. The motion must also explain why the
examination cannot proceed under FRBP 7030 or 9014.
(c) Notice and Service. The motion must be served on the debtor, debtor’s attorney (if
any), the trustee (if any), the United States trustee, and the entity to be examined. Not
less than 21 days notice of the examination must be provided, calculated from the date
of service of the motion, unless otherwise ordered by the court.
(d) Order. Unless otherwise ordered by the court, a motion for examination will be ruled
on without a hearing pursuant to LBR 9013-1(p).
(e) Subpoena. If the court approves a Rule 2004 examination of an entity other than the
debtor, the attendance of the entity for examination and for the production of
documents must be compelled by subpoena issued, and served pursuant to FRBP 9016
and F.R.Civ.P. 45.
16 12/17
LBR 2010-1
(f) Protective Order. The party whose examination is requested may file a motion for
protective order if grounds exist under FRBP 7026 and F.R.Civ.P. 26(c). A motion for
protective order must be filed and served not less than 14 days before the date of the
examination, and set for hearing not less than 2 days before the scheduled examination,
unless an order setting hearing on shortened notice is granted by the court pursuant to
LBR 9075-1. The parties may stipulate, or the court may order, that the examination be
postponed so that the motion for protective order can be heard on regular notice under
LBR 9013-1(d).
(g) Disputes. The parties must seek to resolve any dispute arising under this rule in
accordance with LBR 7026-1(c).
LBR 2010-1. BONDS OR UNDERTAKINGS
(a) Bonds, Undertakings, Approval, Third-party Sureties, Security, and Qualification.
(1) Approval. The clerk is authorized to approve on behalf of the court all bonds,
undertakings, and stipulations of security given in the form and amount prescribed
by statute, order of the court, or stipulation of counsel, which comply with the
requirements of this rule and contain a certificate by an attorney, as set forth
below, except where the approval of a judge is specifically required by law.
(2) Third-party Sureties. No bond or undertaking requiring third-party sureties will
be approved unless it bears the names and addresses of sufficient third-party
sureties and is accompanied by a declaration by the surety stating that:
(A) The surety is a resident of the State of California;
(B) The surety who intends to deed real property as security owns the real
property within the State of California;
(C) The security posted by the surety is worth the amount specified in the bond
or undertaking, over and above just debts and liabilities; and
(D) The property, real or personal, which is to be conveyed as security is not
exempt from execution and prejudgment attachment.
If specifically approved by the court, real property in any other state of the United
States may be part of the surety’s undertaking.
(3) Terms and Conditions for Corporate Sureties. Before any corporate surety bond
or undertaking is accepted by the clerk, the corporate surety must have on file
with the district court clerk or the clerk a duly authenticated copy of a power of
attorney appointing the agent executing the bond or undertaking. The
appointment must be in a form to permit recording in the State of California.
17 12/17
LBR 2010-1
(4) Ineligible Persons. No clerk, deputy clerk, marshal, magistrate judge, bankruptcy
judge, district judge, attorney, or other officer of this court will be accepted as
surety upon any bond or undertaking in any action or proceeding in this court.
(5) Cash in Lieu of Bond. Cash may be deposited with the clerk in lieu of any bond
or undertaking requiring a personal or corporate surety. A cash deposit in lieu of
a bond is subject to all of the provisions of this rule, LBR 7067-1, the FRBP and
the F.R.Civ.P. applicable to bonds and undertakings.
(b) Certificate by Attorney. A bond or undertaking presented to the clerk for acceptance
must be accompanied by a certificate by the attorney for the presenting party in
substantially the following form:
“This bond (or undertaking) has been examined pursuant to LBR 2010-1 and is
recommended for approval. It (is)(is not) required by law to be approved by a
judge.
________________ _____________________________”
Date Attorney
The attorney’s certificate pursuant to this rule certifies to the court that:
(1) The attorney has carefully examined the bond or undertaking;
(2) The attorney knows the content of the bond or undertaking;
(3) The attorney knows the purpose for which the bond or undertaking is executed;
(4) In the attorney’s opinion, the bond or undertaking is in due form;
(5) The attorney believes the declarations of qualification by the surety are true; and
(6) The attorney has determined whether the bond or undertaking is required by law
to be approved by a judge.
(c) Approval of Judge. If a bond or undertaking is required by law to be approved by a
judge, it must be presented to the judge with the attorney’s certificate required by this
rule before it is filed by the clerk, and may be approved without a hearing pursuant to
LBR 9013-1(q).
(d) Consent to Summary Adjudication of Obligation.
(1) A bond or undertaking presented for filing must contain the consent and
agreement for the surety that in case of default or contumacy on the part of the
principal or surety, the court may upon 14 days notice filed and served pursuant to
LBR 9013-1(d) or (o), proceed summarily and render a judgment in accordance
with the obligation undertaken and issue a writ of execution upon that judgment
in compliance with LBR 7064-1(a).
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LBR 2014-1
(2) An indemnitee or party in interest seeking a judgment on a bond or undertaking
must proceed by Motion for Summary Adjudication of Obligation and Execution.
The motion must be served on a personal surety in the manner provided in
F.R.Civ.P. 5(b). A corporate surety must be served in accordance with 31 U.S.C.
§ 9306.
(e) Bonds of Trustees. A bond required by a trustee under 11 U.S.C. § 322 is exempt
from this rule. The United States trustee must set the amount of such bond and approve
the sufficiency of the surety.
LBR 2014-1. EMPLOYMENT OF DEBTOR’S PRINCIPALS IN CHAPTER 11 CASES,
AND PROFESSIONAL PERSONS
(a) Employment of Debtor’s Principals or Insiders in Chapter 11 Cases.
(1) Notice of Setting/Increasing Insider Compensation. No compensation or other
remuneration may be paid from the assets of the estate to a debtor’s owners,
partners, officers, directors, shareholders, or relatives of insiders as defined by
11 U.S.C. § 101(31), from the time of the filing of the petition until the
confirmation of a plan nor may approved compensation be increased unless the
debtor serves a Notice of Setting/Increasing Insider Compensation (“Notice”) in
accordance with procedures adopted by the United States trustee pursuant to this
rule.
(2) Service of Notice. The debtor must: (A) serve the Notice on the United States
trustee, the creditors’ committee or the 20 largest creditors if no committee has
been appointed, any other committee appointed in the case, counsel for any of the
foregoing, and any secured creditor that claims an interest in cash collateral, and
(B) provide proof of service to the United States trustee. As a non-filed document,
the Notice does not result in the generation and delivery of an NEF, and therefore
consent to electronic service via NEF on the United States trustee and other
CM/ECF Users is not applicable to the Notice.
(3) Payment of Insider Compensation. An insider may receive compensation or other
remuneration from the estate if no objection is received within 14 days after
service of the Notice. An insider may receive an increase in the amount of insider
compensation or other remuneration previously approved if no objection is
received within 30 days after service of the Notice.
(4) Objection and Notice of Hearing. If an objection is timely received, the debtor
must set the matter for hearing. The debtor must file a true and correct copy of the
Notice, objection, and the original notice of hearing. The debtor must serve not
less than 21 days notice of the date and time of the hearing on the objecting party
and the United States trustee.
19 12/17
LBR 2014-1
(b) Employment of Professional Persons.
(1) Application for Employment.
(A) An application seeking approval of employment of a professional person
pursuant to 11 U.S.C. §§ 327, 328, 1103(a), or 1114 must comply with the
requirements of FRBP 2014 and 6003(a) and be filed with the court. The
application must specify unambiguously whether the professional seeks
compensation pursuant to 11 U.S.C. § 328 or 11 U.S.C. § 330.
(B) The application must be accompanied by a declaration of the person to be
employed establishing disinterestedness or disclosing the nature of any
interest held by such person.
(C) The application must contain proof of service upon the United States trustee,
and may be served and ruled on pursuant to LBR 9013-1(o).
(D) A chapter 7 trustee who seeks authorization to act as attorney or accountant
for the estate, or to employ the trustee’s firm in such capacity, must explain
why such employment is in the best interests of the estate.
(E) A timely application for employment is a prerequisite to compensation from
the estate. Therefore, an application for the employment of counsel for a
debtor in possession should be filed as promptly as possible after the
commencement of the case, and an application for employment of any other
professional person should be filed as promptly as possible after such person
has been engaged.
(F) The substitution of an attorney must also comply with LBR 2091-1(b).
(2) Notice of Application.
(A) Notice of an application by the debtor (if such application is required),
debtor in possession or trustee to retain a professional person must be filed
and served, in accordance with LBR 2002-2(a) and LBR 9036-1, on the
United States trustee, the debtor (if a trustee has been appointed), the
creditors’ committee or the 20 largest unsecured creditors if no committee
has been appointed, any other committee appointed in the case, counsel for
any of the foregoing, and any other party in interest entitled to notice under
FRBP 2002.
(B) Notice of an application by a committee to retain a professional person must
be filed and served, in accordance with LBR 2002-2(a) and LBR 9036-1, on
the United States trustee, debtor or debtor in possession, the trustee (if
appointed), and their counsel.
(C) The notice must be filed and served not later than the day the application is
filed with the court.
20 12/17
LBR 2015-2
(3) Content of Notice. The notice must:
(A) State the identity of the professional and the purpose and scope for which
the professional is being employed;
(B) State whether the professional seeks compensation pursuant to 11 U.S.C.
§ 328 or 11 U.S.C. § 330;
(C) Describe the arrangements for compensation, including the hourly rate of
each professional to render services, source of the fees, the source and
amount of any retainer, the date on which it was paid, and any provision
regarding replenishment thereof;
(D) Provide a name, address, and telephone number of the person who will
provide a copy of the application upon request; and
(E) Advise the recipient that any response and request for hearing, in the form
required by LBR 9013-1(f), must be filed and served on the applicant (and
counsel, if any), and the United States trustee not later than 14 days from the
date of service of the notice.
(4) No Response and Request for Hearing. If the response period expires without the
filing and service of a response and request for hearing, the applicant must
promptly comply with LBR 9013-1(o)(3).
(5) Response and Request for Hearing Filed. If a timely response and request for
hearing is filed with the court and served upon the applicant and the United States
trustee, the applicant must comply with LBR 9013-1(o)(4).
LBR 2015-2. REQUIREMENTS FOR CHAPTER 11 DEBTORS IN POSSESSION OR
CHAPTER 11 TRUSTEES
(a) Reports Before Confirmation of Plan.
(1) The debtor, the debtor in possession, or chapter 11 trustee must timely provide the
United States trustee with financial, management and operational reports, and
such other information requested by the United States trustee pursuant to the
Guidelines and Requirements for Chapter 11 Debtors in Possession as necessary
to properly supervise the administration of a chapter 11 case.
(2) The United States trustee may, at any time during the pendency of a case, add or
delete requirements where such modifications are necessary or appropriate.
(b) Interim Statements and Operating Reports.
(1) The debtor in possession or chapter 11 trustee must file with the court a copy of
each monthly interim statement and operating report submitted to the United
States trustee from the date the chapter 11 case is commenced until the date a plan
21 12/17
LBR 2016-1
is confirmed or the case is dismissed or converted to another chapter under
title 11.
(2) Each interim statement and operating report must be filed on the date that such
documents are submitted to the United States trustee, but not later than the 15th
day of the month following expiration of the month which is the subject of the
statement or report.
(c) Duties Upon Conversion to Chapter 7. Upon entry of an order converting a case to
one under chapter 7, the debtor in possession or chapter 11 trustee, if any, must, in
addition to complying with those duties set forth in FRBP 1019:
(1) Secure, preserve and refrain from disposing of property of the estate;
(2) Contact the chapter 7 trustee and arrange to deliver property of the estate and all
books and records to the trustee or the trustee’s designated agent; and
(3) Within 7 days after entry of the conversion order, file and serve upon the United
States trustee and the chapter 7 trustee, a verified schedule of all property of the
estate as of the conversion date.
LBR 2016-1. COMPENSATION OF PROFESSIONAL PERSONS
(a) Interim Fee Applications.
(1) Form of Fee Application. An application for interim fees incurred or costs
advanced by an attorney, accountant or other professional person, and a trustee or
examiner must contain the following:
(A) A brief narrative history and report concerning the status of the case,
including the following:
(i) Chapter 11. Applicant must describe the general operations of the
debtor, stating whether the business of the debtor, if any, is being
operated at a profit or loss, whether the business has sufficient
operating cash flow, whether a plan has been filed, and if not, the
prospects for reorganization and the anticipated date for the filing of a
plan.
(ii) Chapter 7. Applicant must report the status of administration of the
estate, discussing the actions taken to liquidate property of the estate,
the property remaining to be administered, the reasons the estate is not
in a position to be closed, and whether it is feasible to pay an interim
dividend to creditors.
(iii) All Cases. Applicant must disclose the amount of money on hand in
the estate and the estimated amount of other accrued expenses of
administration. At the hearing on an application for interim fees, the
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LBR 2016-1
applicant should be prepared to supplement the application by
declaration or by testimony to inform the court of the current financial
status of the debtor’s estate.
(iv) Multiple Fee Applications. If more than 1 application for interim fees
in a case is noticed for hearing at the same date and time, the narrative
history provided in one of the applications may be incorporated by
reference into the other interim fee applications to be heard
contemporaneously by the court.
(v) Exception. A fee application submitted by an auctioneer, real estate
broker, or appraiser does not have to comply with subsection (a)(1)(A)
of this rule, except that auctioneers, unless otherwise ordered by the
court, must file the report required by FRBP 6004(f) prior to receiving
final compensation.
(B) The date of entry of the order approving the employment of the individual or
firm for whom payment of fees or expenses is sought, and the date of the
last fee application for the professional.
(C) A listing of the amount of fees and expenses previously requested, those
approved by the court, and how much has been received.
(D) A brief narrative statement of the services rendered and the time expended
during the period covered by the application.
(E) Unless employment has been approved on a fixed fee, percentage fee, or
contingent fee basis, the application must contain a detailed listing of all
time spent by the professional on matters for which compensation is sought,
including the following:
(i) Date Service was Rendered;
(ii) Description of Service. It is not sufficient to merely state “Research,”
“Telephone Call,” “Court Appearance,” etc. Applicant must refer to
the particular person, motion, discrete task performed, and other
matters related to such service. A summary that lists a number of
services under only 1 time period is not satisfactory;
(iii) Amount of Time Spent. A summary is not adequate. Time spent must
be accounted for in tenths of an hour and broken down in detail by the
specific task performed. Lumping of services is not satisfactory; and
(iv) Identification of Person who Rendered Service. If more than
1 person’s services are included in the application, applicant must
identify the person who performed each item of service.
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LBR 2016-1
(F) An application that seeks reimbursement of actual and necessary expenses
must include a summary listing of all expenses by category (i.e., long
distance telephone, photocopy costs, facsimile charges, travel, messenger
and computer research). As to each unusual or costly expense item, the
application must state:
(i) The date the expense was incurred;
(ii) A description of the expense;
(iii) The amount of the expense; and
(iv) An explanation of the expense.
(G) Unless employment has been approved on a fixed fee, percentage fee, or
contingent fee basis, the application must contain a listing of the hourly rates
charged by each person whose services form a basis for the fees requested in
the application. The application must contain a summary indicating for each
attorney by name:
(i) The hourly rate and the periods each rate was in effect;
(ii) The total hours in the application for which compensation is sought;
and
(iii) The total fee requested in the application.
(H) A description of the professional education and experience of each of the
individuals rendering services, including identification of the professional
school attended, year of graduation, year admitted to practice, publications
or other achievements, and explanation of any specialized background or
expertise in bankruptcy-related matters.
(I) If the hourly rate changed during the period covered by the application, the
application must specify the rate that applies to the particular hours for
which compensation is sought.
(J) A separately filed declaration from the client indicating that the client has
reviewed the fee application and has no objection to it. If the client refuses
to provide such a declaration, the professional must file a declaration
describing the steps that were taken to obtain the client’s declaration and the
client’s response thereto.
(K) A statement that the applicant has reviewed the requirements of this rule and
that the application complies with this rule.
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LBR 2016-1
(2) Notice of Interim Fee Application and Hearing.
(A) In all cases where the employment of more than one professional person has
been authorized by the court, a professional person who files an application
for interim fees must give other professional persons employed in the case
not less than 45 days notice of the date and time of the hearing. The notice
of hearing must further state:
“Other professional persons retained pursuant to court approval may
also seek approval of interim fees at this hearing, provided that they
file and serve their applications in a timely manner. Unless otherwise
ordered by the court, hearings on interim fee applications will not be
scheduled less than 120 days apart.”
(B) Applicant must serve not less than 21 days notice of the hearing on the
debtor or debtor in possession, the trustee (if any), the creditors’ committee
or the 20 largest unsecured creditors if no committee has been appointed,
any other committee appointed in the case, counsel for any of the foregoing,
the United States trustee, and any other party in interest entitled to notice
under FRBP 2002. The notice must identify the professional person
requesting fees, the period covered by the interim application, the specific
amounts requested for fees and reimbursement of expenses, the date, time
and place of the hearing, and the deadline for filing and serving a written
opposition.
(C) In addition to the notice, a copy of the application, together with all
supporting documents, must be served on the debtor or debtor in possession,
the trustee (if any), any committee appointed in the case, counsel for any of
the foregoing, and the United States trustee. A copy of the complete
application must also be promptly furnished upon specific request to any
other party in interest.
(3) Objections. Any opposition or other responsive document by the United States
trustee or other party in interest must be served and filed at least 14 days prior to
the hearing in the form required by LBR 9013-1(f).
(b) Motions to Approve Compensation Procedures in Chapter 11 Cases, Including
Monthly Draw-down and Contingency or Success Fee Agreements. A professional
person employed in a chapter 11 case may request approval for and modifications of
draw-down procedures and an order allowing payment of interim compensation more
frequently than once every 120 days.
(c) Final Fee Application.
(1) Who Must File. The trustee, if any, and each professional person employed in the
case must file a final fee application.
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LBR 2016-1
(2) Contents. An application for allowance and payment of final fees and expenses
must contain the information required of an interim fee application under LBR
2016-1(a)(1).
(3) When Filed; Notice Required in Chapter 11 Cases.
(A) Unless otherwise ordered by the court, a final fee application by the trustee,
if any, and each professional person employed in a chapter 11 case must be
filed and set for hearing as promptly as possible after confirmation of a plan.
(B) A final fee application must cover all of the services performed in the case,
not just the last period for which fees are sought, and must seek approval of
all prior interim fee awards.
(C) Applicant must serve not less than 21 days notice of the hearing on the
debtor or debtor in possession, the trustee (if any), any committee appointed
in the case, counsel for any of the foregoing, the United States trustee, and
any other party in interest entitled to notice under FRBP 2002. The notice
must identify the person or entity requesting a final allowance of fees and
expenses, the period covered by the final application, the specific amounts
requested for fees and reimbursement of expenses, the date, time and place
of the hearing, and the deadline for filing and serving a written opposition.
(D) In addition to the notice, a copy of the application, together with all
supporting documents, must be served on the debtor or debtor in possession,
the trustee (if any), any committee appointed in the case, counsel for any of
the foregoing, and the United States trustee. A copy of the complete
application must also be promptly furnished upon specific request to any
other party in interest.
(4) When Filed; Notice Required in Chapter 7 Cases.
(A) A chapter 7 trustee must give at least 30 days written notice of intent to file
a final report and account to the attorney for the debtor, the trustee’s
attorney and accountant, if any, and any other entity entitled to claim
payment payable as an administrative expense of the estate.
(B) A professional person seeking compensation must file and serve an
application for allowance and payment of final fees and expenses on the
trustee within 21 days of the date of the mailing of the trustee’s notice. The
failure to timely to file an application may be deemed a waiver of
compensation.
(C) All final fee applications by professional persons must be set for hearing
with the chapter 7 trustee’s final application for allowance and payment of
fees and expenses. Notice of a final fee application must be given by the
chapter 7 trustee as part of the notice of the hearing on the trustee’s request
for compensation. A separate notice by the applicant is not required.
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LBR 2016-2
(5) Objections. Any opposition or other responsive document by the United States
trustee or other party in interest must be served and filed at least 14 days prior to
the hearing in the form required by LBR 9013-1(f).
(d) Fee Examiner. The court may, either on its own motion or on the motion of a party in
interest, with or without a hearing, exercise its discretion to appoint a fee examiner to
review fee applications and make recommendations to the court for approval.
LBR 2016-2. COMPENSATION AND TRUSTEE REIMBURSEMENT PROCEDURES
IN CHAPTER 7 ASSET CASES
(a) No Order Required: Payment of Expenses, Up to $1,000, that are Inherent in the
Appointment of a Chapter 7 Trustee. During the course of a chapter 7 case, a trustee
may disburse up to $1,000 from estate funds to pay the following actual and necessary
expenses of the estate without further authorization from the court (the “Authorized
Allocation”):
(1) Actual cost of noticing, postage, copying;
(2) Computer charges;
(3) Long distance telephone;
(4) Postage;
(5) Moving or storage of estate assets;
(6) Teletransmission;
(7) Travel charges for trustee (includes lodging, meals, mileage and parking);
(8) Bank charges for research or copies;
(9) Court reporting fees;
(10) Delivery of documents;
(11) Expedited mail;
(12) Filing and process serving;
(13) Notary fees;
(14) Recording fees;
(15) Deposition/transcript fees;
(16) Witness fees;
(17) Locate and move assets;
(18) Prepare litigation support documents;
(19) Locksmith;
(20) Security services; and
(21) Utilities.
(b) Order Required: Payment of Expenses, Up to $5,000, After Limited Notice and
Opportunity to Request a Hearing. If a trustee determines that it is necessary or
appropriate to pay actual and necessary administrative expenses of the estate using
estate funds, and such expenses do not exceed $5,000, the trustee must file a notice of
the trustee’s intent to pay such obligations using form F 2016-
2.3.NOTICE.TRUSTEE.DISBURSE. After the waiting period set forth below, if there
is no opposition or request for a hearing, the trustee must lodge a proposed order
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LBR 2016-2
authorizing such payment pursuant to LBR 9013-1(o)(3). The trustee is not required to
serve the notice on any party or the court, other than the debtor and counsel for the
debtor.
Any party that objects to the payment of the administrative expenses as set forth in the
trustee’s notice must file a response and request for hearing within 14 days after the
date of filing of the notice, and serve the response on the trustee and the trustee’s
counsel, if any. Upon receipt of a response and request for hearing, the trustee must
follow the procedures set forth in LBR 9013-1(o)(4) to set the matter for hearing.
Pursuant to the procedure set forth above, a trustee may disburse up to $5,000 from
estate funds to pay the following actual and necessary administrative expenses of the
estate (the “Administrative Allocation”):
(1) Costs to advertise sale;
(2) Insurance;
(3) Rent;
(4) Obligations to taxing agencies arising under 11 U.S.C. § 507(a)(2), provided the
estate is and is likely to remain administratively solvent; and
(5) Obligations to taxing agencies arising under 11 U.S.C. § 503(b)(1)(B), but not
preconversion tax obligations.
(c) No Order Required: Bond Premiums. In addition to payments that may be made
from the Authorized Allocation and/or the Administrative Allocation, the trustee may
pay bond premiums required by 11 U.S.C. § 322(a) during the ordinary course of the
trustee’s administration of an estate.
(d) Expenses for Preparation of Tax Returns. The trustee may, by a single application,
seek authorization to employ and pay a tax preparer a flat fee (not to exceed $1,000
unless the court orders otherwise) for preparation of tax returns for the estate. If the
court grants such application, the trustee may pay the flat fee so ordered without further
application or order. This amount is in addition to payments that may be made from the
Authorized Allocation and/or the Administrative Allocation.
(e) Emergency Expenses. The trustee may exceed the Authorized Allocation and/or the
Administrative Allocation to pay emergency expenses, without prior court approval, to
protect assets of the estate that might otherwise be lost or destroyed. Emergency
expenses are limited to:
(1) Charges for storage of the debtor’s records to prevent the destruction of those
records and related necessary cartage costs;
(2) Insurance premiums to prevent liability to the estate;
(3) Locksmith charges to secure the debtor’s real property or business; and
(4) Security services to safeguard the debtor’s real or personal property.
If the trustee disburses more than the Authorized Allocation and/or the Administrative
Allocation to pay emergency expenses and other expenses for which the Authorized
Allocation and/or the Administrative Allocation may be used, the trustee must file and
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LBR 2016-2
serve a cash disbursements motion, as described in subsection (g) of this rule, within
7 days after such expenses are paid.
(f) Procedures for Employment of Paraprofessionals and Payment of
Paraprofessional Fees and Expenses. A trustee must obtain court approval to employ
and to pay a paraprofessional.
(1) Definition. The term “paraprofessional” includes all persons or entities other than
“professionals” who perform services at the trustee’s request and seek payment
for services and expenses directly from the bankruptcy estate, including an agent,
a field representative, an adjuster, and a tax preparer.
(2) Employment. A trustee may seek court approval to employ a paraprofessional by
filing an employment application using court-approved form F 2016-
2.1.APP.TRUSTEE.EMPLOY. The court’s approval of the employment of any
paraprofessional is not a judicial determination as to whether services of the
paraprofessional constitute “trustee services.” The following is a nonexclusive
list of services that the court deems “trustee services” subject to the limitation on
compensation contained in 11 U.S.C. § 326(a):
(A) Review schedules;
(B) Acceptance and qualification as a trustee;
(C) Routine investigation regarding location and status of assets;
(D) Initial contact with lessors, secured creditors, assignee for benefit creditors,
etc., if same can be accomplished from office;
(E) Turnover or inspection of documents, such as bank documents;
(F) UCC search review;
(G) Recruit and contract appraisers, brokers, and professionals;
(H) Mail forwarding notices;
(I) Routine collection of accounts receivable;
(J) Letters regarding compliance with LBR 2016-1;
(K) Conduct 11 U.S.C. § 341(a) examinations;
(L) Routine objections to exemption;
(M) Routine motions to dismiss;
(N) 11 U.S.C. § 707(b) referral to United States trustee;
(O) Routine documentation of notices of sale, abandonment, compromise, etc.;
(P) Appear at hearings on routine motions;
(Q) Review and execute certificates of sale, deed, or other transfer documents;
(R) Prepare and file notifications of asset case;
(S) Prepare and file cash disbursements motions and necessary attachments;
(T) Prepare exhibits to operating reports;
(U) Prepare quarterly bond reports;
(V) Prepare trustee’s interim reports;
(W) Routine claims review and objection;
(X) Prepare and file final reports and accounts and related orders;
(Y) Prepare motions to abandon or destroy books and records;
(Z) Prepare and file FRBP 3011 reports;
(AA) Prepare and file notices and motions to abandon assets and related orders;
29 12/17
LBR 2016-2
(BB) Attend sales;
(CC) Monitor litigation;
(DD) Answer routine creditor correspondence and phone calls;
(EE) Prepare and file applications to employ paraprofessionals;
(FF) Review and comment on professional fee applications;
(GG) Participate in audits;
(HH) Answer United States trustee questions;
(II) Close and open bank accounts;
(JJ) Verify proposed disbursements;
(KK) Post receipts and disbursements;
(LL) Prepare details and calculations for payment of dividend;
(MM) Prepare dividend checks;
(NN) Organize and research bills;
(OO) Prepare checks for the trustee’s signature;
(PP) Prepare internal cash summary sheets;
(QQ) Reconcile bank accounts;
(RR) Prepare and make deposits; and
(SS) Additional routine work necessary for administration of the estate.
(3) Reimbursement of Fees and Expenses. A trustee may pay a paraprofessional only
upon specific order of the court.
(A) If the paraprofessional or trustee contends that the paraprofessional’s
services are not “trustee services,” the trustee or paraprofessional must
present evidence to support that contention. Absent adequate proof, the
court may find that the services of the paraprofessional are “trustee services”
subject to the limitation on compensation under 11 U.S.C. § 326(a).
(B) If a trustee refuses or neglects to file a fee application for the
paraprofessional, the paraprofessional may file a separate fee application
pursuant to 11 U.S.C. § 330. In addition to fulfilling the requirements of
11 U.S.C. § 330, FRBP 2014 and these rules, the paraprofessional’s fee
application must include: (i) a declaration explaining why a separate fee
application is necessary; and (ii) evidence establishing which services are
“trustee services” and which are not. The paraprofessional must serve any
separate fee application on the trustee, debtor, debtor’s counsel (if any), the
United States trustee, and all professionals and other paraprofessionals
employed in the case, and must give notice of the application to all creditors.
(g) Cash Disbursements Motion.
(1) Filing and Service. If the trustee wishes to pay expenses not authorized by this
rule from estate funds, the trustee must file a cash disbursements motion to obtain
court approval of payments for emergency expenses and all other expenses the
trustee deems necessary for effective administration of the case. The cash
disbursements motion must be in substantially the same form as court-approved
form F 2016-2.2.MOTION.TRUSTEE.DISBURSE and may be brought under
LBR 9013-1(o). The trustee must serve the motion on the debtor, debtor’s
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LBR 2070-1
counsel (if any), the United States trustee, holders of the 20 largest unsecured
claims, and any other party in interest entitled to notice under FRBP 2002. If a
timely objection is filed, the trustee must comply with LBR 9013-1(o)(4).
(2) Hearing. The court may set a hearing on a cash disbursements motion regardless
of whether an objection is filed. However, if the court does not advise the trustee
of a hearing on the motion within 7 days after the motion is filed, the trustee may
disburse funds from the estate to pay the expenses referred to in the motion to the
extent the trustee deems it necessary, pending an order of the court. If, thereafter,
the trustee receives notice that the court has issued an order in which the cash
disbursements motion has been disapproved in whole or in part, or that the court
has set a hearing, the trustee must stop paying the expenses for which
authorization was sought in the motion or otherwise comply with the provisions
of the order. The trustee may file a motion for reconsideration pursuant to LBR
9013-4.
(3) Personal Liability and Disclosure. Except as provided in this rule, a trustee who
makes a disbursement without prior court approval may be personally liable to the
estate for the amount of the disbursement. All disbursements made by the trustee
pursuant to this rule must be disclosed in the trustee’s final report and in all
applications for fees or costs by the trustee and by paraprofessionals employed in
the case by the trustee.
(h) Nonexclusive Remedy. Nothing in this rule precludes the trustee from seeking court
approval to disburse estate funds by way of a noticed motion filed and served pursuant
to LBR 9013-1(d).
LBR 2070-1. CHAPTER 7 OPERATING CASES
(a) Periods Not Exceeding 30 Days. For a period not exceeding 30 days from the date of
the trustee’s appointment, a trustee may operate the business of a chapter 7 debtor and
pay any actual and necessary expenses from the Authorized Allocation permitted under
LBR 2016-2(a) without a court order.
(b) Periods Exceeding 30 Days. To operate the business beyond such 30-day period, the
trustee must, prior to expiration of the 30-day period, file and serve a motion for
authorization to operate the debtor’s business under 11 U.S.C. § 721. The motion must
state the approximate length of time the trustee intends to operate the business and be
supported by evidence that justifies operation of the business and satisfies the
requirements of 11 U.S.C. § 721.
(c) Authorization Not to Exceed 1 Year. The trustee may seek approval to operate the
debtor’s business for a period not exceeding 1 year.
(d) Disbursement of Estate Funds Pending Authorization. The court may hold a
hearing on the trustee’s motion after the expiration of the 30-day period, but the trustee
may not disburse estate funds other than the Authorized Allocation after the 30-day
period except upon specific order of the court.
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LBR 2081-1
(e) Effect of Order. An order authorizing the trustee to operate the debtor’s business does
not excuse the trustee from obtaining appropriate authorization for cash disbursements
under LBR 2016-2(f), except to the extent that the operating order expressly approves
specific expenditures from the estate.
LBR 2072-1. NOTICE TO OTHER COURTS
(a) Notice of Bankruptcy Petition. Notice of the filing of a bankruptcy petition in this
district must be given by the debtor or debtor’s counsel, at the earliest possible date, to:
(1) The clerk of any federal or state court in which the debtor is a party to pending
litigation or other proceedings; and
(2) The federal or state judge to whom the matter is assigned, all counsel of record in
the matter, and to all parties to the action not represented by counsel.
(b) Effect of Not Giving Notice. The failure to give the notice required by subsection (a)
of this rule may constitute cause for annulment of the stay imposed by 11 U.S.C.
§§ 362, 922, 1201, or 1301, or may result in the imposition of sanctions or other relief.
LBR 2081-1. CHAPTER 11 CASES
(a) Motions Requiring Emergency or Expedited Relief. Subject to FRBP 6003, the
movant may request the following motions be set for hearing using the procedures set
forth in LBR 9075-1:
(1) Motion to Limit Notice;
(2) Motion to Extend Time to File Schedules and Statement of Financial Affairs;
(3) Utility Motion Pursuant to 11 U.S.C. § 366;
(4) Motion to Establish Procedures for Handling Multiple Reclamation Claims;
(5) Request for Regularly Scheduled Hearing Dates. Upon request of a debtor, the
court may establish a fixed date and time for hearing all motions and other matters
in a chapter 11 case. Once ordered, the dates and time, and exceptions, if any,
will be made available through the clerk’s office and posted in advance on the
court’s website;
(6) Motion to Pay Prepetition Payroll and to Honor Prepetition Employment
Procedures. The motion must be supported by evidence that establishes:
(A) The employees are still employed;
(B) The necessity for payment;
(C) The benefit of the procedures;
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LBR 2081-1
(D) The prospect of reorganization;
(E) Whether the employees are insiders;
(F) Whether the employees’ claims are within the limits established by
11 U.S.C. § 507; and
(G) The payment will not render the estate administratively insolvent;
(7) Motion to Honor and Comply with Customer Obligations and Deposits. The
motion must be supported by evidence that relief is essential to business
operations and customer confidence or that the estate may suffer postpetition
damages that would prejudice creditors, the reorganization, or the value of
property of the estate;
(8) Motion to Pay Prepetition Taxes. The motion must be supported by evidence that
establishes:
(A) The necessity for payment;
(B) The prospect of reorganization;
(C) The means to pay;
(D) That the taxes to be paid are entitled to priority pursuant to 11 U.S.C. § 507;
and
(E) The payment will not render the estate administratively insolvent;
(9) Motion for Emergency Use of Cash Collateral, Debtor in Possession Financing, or
Cash Management;
(10) Motion for Order Establishing Procedures for Sale of Estate’s Assets;
(11) Appointment of a Patient Care Ombudsman Under 11 U.S.C. § 333; and
(12) Other Motions Where Special Circumstances Exist. The motion must be
supported by evidence that exigent circumstances exist justifying an expedited
hearing.
(b) Prepackaged Plans. A hearing on a motion for order confirming a chapter 11 plan
upon which voting was conducted before commencement of the case pursuant to
11 U.S.C. §1126(b) must be scheduled, if practicable, no more than 30 days after the
order for relief.
(c) Severance Compensation or Employee Incentive Motions.
(1) Notice. A motion for approval of a severance compensation package or employee
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LBR 2090-1
incentive program must be heard on regular notice pursuant to LBR 9013-1(d),
absent exigent circumstances.
(2) Standard. The motion must state whether the employee is an insider. If so, the
motion must state whether the insider has a bona fide job offer from another
business at the same or greater rate of compensation and establish the elements of
11 U.S.C. § 503(c).
LBR 2081-2. CHAPTER 11 DEBTORS WHO ARE INDIVIDUALS
A chapter 11 debtor who is an individual may request that the court authorize use of LBR
forms approved by the court for use solely by debtors who are individuals, and the debtor can
consult the court’s website to determine which judges mandate or otherwise authorize use of
such forms.
LBR 2090-1. ATTORNEYS – ADMISSION TO PRACTICE
(a) Appearance By Attorneys Admitted to Practice Before the District Court.
(1) Attorney. An attorney admitted to practice before the district court may practice
before the bankruptcy court. An attorney who is not admitted to the bar of, or
permitted to practice before, the district court may not appear before the court on
behalf of a person or entity, except as provided by this rule. Attorneys appearing
before the court must have read the FRBP, F.R.Civ.P., F.R.Evid., and these rules
in their entirety.
(2) Scope of Appearance in Chapter 9, 11, 12, and 13 Cases.
In chapter 9, 11, 12, and 13 cases, the attorney for the debtor is presumed to
appear for the case and all proceedings in the case, unless otherwise ordered by
the court or as provided for in LBR 3015-1(v).
(3) Scope of Appearance in Individual Chapter 7 Cases. Nothing in these rules shall
be construed as prohibiting a limited scope of appearance in a chapter 7 case so
long as the applicable Rules of Professional Conduct and ethics rules are followed
and the attorney for the debtor, in addition to preparing the petition and schedules,
provides the following services:
(A) advises the debtor about the possibility of any additional proceedings related
to or arising from the underlying bankruptcy case, including any adversary
proceeding, motion or other contested matter initiated by a creditor, trustee
or party in interest; and
(B) appears with the debtor at the initial § 341(a) meeting of creditors or
arranges for an attorney knowledgeable about all pertinent information in
the case to appear with the debtor at such meeting.
(4) Disclosure of Compensation. Where the attorney and the debtor agree to legal
services for less than all aspects of the bankruptcy case, the scope of the services
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LBR 2090-1
agreed to must be listed in, as applicable, LBR form F 2090-
1.CH7.ATTY.COMP.DISCLSR and F 2016-1.4.ATTY.COMP.DISCLSR.
(5) Communications with the Debtor in Limited Scope Chapter 7 Cases. Subject to
the prohibition on any act to collect a claim and other stayed acts under 11 U.S.C.
§ 362(a), any communication, including any proposed reaffirmation agreement,
must be sent to both the debtor and the debtor’s attorney, even if it appears that
the communication is beyond the scope of the attorney’s limited appearance in the
case.
(b) Pro Hac Vice Appearance.
(1) Permission for Pro Hac Vice Appearance by Non-Resident Attorney. Any person
who is not otherwise eligible for admission to practice before the court, but who is
a member in good standing of, and eligible to practice before, the bar of any
United States court, or of the highest court of any state, territory, or insular
possession of the United States, who is of good moral character, and who has
been retained to appear before the court, may, upon written application and at the
discretion of the court, be permitted to appear and participate pro hac vice by nonresident
attorney in a particular case or in a particular proceeding in a case.
(2) Disqualification from Pro Hac Vice Appearance. Unless authorized by the
Constitution of the United States or Act of Congress, a non-resident attorney is
not eligible for permission to appear pro hac vice if the applicant:
(A) Resides in California; or
(B) Is regularly employed in California; or
(C) Is regularly engaged in business, professional, or other similar activities in
California.
(3) Designation of Local Counsel. A non-resident attorney applying to appear pro
hac vice must designate an attorney who is a member of the bar of the court and
who maintains an office within this district as local counsel with whom the court
and opposing counsel may readily communicate regarding the conduct of the case
and upon whom documents may be served, unless otherwise ordered by the court.
(4) Designation of Co-counsel. A judge to whom a case is assigned may, in the
exercise of discretion, require the designation of an attorney who is a member of
the bar of the court and who maintains an office within this district as co-counsel
with authority to act as attorney of record for all purposes.
(5) Obtaining Permission for Pro Hac Vice Appearance. A non-resident attorney
seeking permission to appear pro hac vice must present to the clerk:
(A) Proof of payment of the fee required by the district court; and
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LBR 2090-1
(B) A written application on or conforming to court-approved form F 2090-
1.2.APP.NONRES.ATTY, Application for Non-Resident Attorney to
Appear in a Specific Case, disclosing the following:
(i) The applicant’s name, and office or residence address;
(ii) The courts to which the applicant has been admitted to practice and the
respective dates of admission;
(iii) A statement by the applicant of the good standing to practice before
the courts to which the applicant has been admitted;
(iv) Whether the applicant has been disciplined by any court or
administrative body, and if disciplinary proceedings are pending, the
details of such proceedings, and whether the applicant resigned while
disciplinary proceedings were pending;
(v) Whether in the 3 years preceding the application, the applicant has
filed for permission to practice pro hac vice before any court within
the state of California, together with the court, title and number of
each such proceeding, and the disposition of each such application;
(vi) A certificate that the applicant has read the FRBP, the F.R.Civ.P., the
F.R.Evid., and these rules in their entirety; and
(vii) The designation required by LBR 2090-1(b)(3) or LBR 2090-1(b)(4)
including the office address, telephone number, and written consent of
the designee.
(6) No Notice and Hearing. An application by a non-resident attorney for permission
to appear pro hac vice does not require notice or a hearing, pursuant to LBR
9013-1(q).
(c) Attorneys for the United States. Any person who is not eligible for admission under
LBR 2090-1(b), or Local Civil Rules, who is employed within California and who is a
member in good standing of and eligible to practice before the bar of any United States
court, or of the highest court of any state, territory or insular possession of the United
States, and who is of good moral character, may be granted leave of court to practice in
the court in any matter for which such person is employed or retained by the United
States or its agencies.
(d) Professional Corporations, Unincorporated Law Firms, and In-house Attorneys.
(1) Appearance. A professional law corporation or unincorporated law firm
(collectively, “law firm”) may not make an appearance on behalf of a party nor
may pleadings or other documents be signed in the name of the law firm except
by an attorney admitted to the bar of or permitted to practice before the court.
This rule does not apply to appearances by the attorney on behalf of the attorney
or on behalf of the attorney’s law firm.
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LBR 2090-2
(2) Form of Appearance.
(A) A law firm must appear in the following form of designation or its
equivalent:
John Smith (state bar number)
Smith and Jones
Address
Telephone Number
Fax Number (if any)
Email Address (if any)
Attorneys for _____________________
(B) An in-house attorney must appear in the following form of designation or its
equivalent:
John Smith (state bar number)
Name of corporation or business entity
Address
Telephone Number
Fax Number (if any)
Email Address (if any)
Attorneys for _____________________
(C) Except as provided in LBR 1002-1(b) and LBR 2002-1(a), the disclosure of
an email address by an attorney in the form of designation is optional.
(e) Law Student Certification for Practice in Bankruptcy Court. A law student may be
certified for practice in the bankruptcy court if the student meets the requirements of
Local Civil Rule 83-4 for appearances in civil cases, except that the student need only
complete one-third (rather than one-half) of the legal studies required for graduation.
The law student also must have:
(1) Taken or be taking concurrently a course in bankruptcy law; and
(2) Knowledge of and familiarity with the F.R.Civ.P., FRBP, F.R.Evid., the Rules of
Professional Conduct of the State Bar of California, and these rules.
LBR 2090-2. ATTORNEYS – DISCIPLINE AND DISBARMENT
(a) Standards of Conduct. An attorney who appears for any purpose in this court is
subject to the standards of professional conduct set forth in Local Civil Rule 83-3.
(b) Disciplinary Authority of Court. An attorney appearing in this court submits to the
discipline of the court. If a judge has cause to believe that an attorney has engaged in
unprofessional conduct, the judge may do one or more of the following:
(1) Initiate proceedings for civil or criminal contempt;
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LBR 2091-1
(2) Impose other appropriate sanctions;
(3) Refer the matter to the appropriate disciplinary authority of the state or
jurisdiction in which the attorney is licensed to practice; or
(4) Refer the matter pursuant to the procedures set forth in Local Civil Rule 83-3 or
General Order 96-05, Attorney Discipline Procedures in Bankruptcy Court.
LBR 2091-1. ATTORNEYS – WITHDRAWAL, SUBSTITUTION, AND CHANGE
OF ADDRESS
(a) Motion for Withdrawal or Substitution. Except as provided in LBR 2091-1(b), leave
of court pursuant to LBR 9013-1(p) is required for:
(1) An attorney who has appeared on behalf of an entity in any matter concerning the
administration of the case, in one or more proceedings, or both, to withdraw as
counsel; and
(2) An entity represented by counsel to appear without counsel or by a different
attorney.
(b) Consensual Substitution of Counsel.
(1) A consensual substitution of attorneys may be filed and served to substitute
counsel without leave of court where:
(A) An entity on whose behalf an attorney has appeared in any matter
concerning the administration of the case, in one or more proceedings, or
both, desires to substitute a different attorney in place of its former attorney;
or
(B) A previously unrepresented entity desires to substitute an attorney employed
to represent the entity.
(2) A substitution of attorney must be filed in substantially the same form as courtapproved
form F 2091-1.1.SUBSTITUTION.ATTY, Substitution of Attorney,
and served on those persons entitled to notice under LBR 2091-1(c).
(3) An attorney’s employment as a “professional person” under 11 U.S.C. §§ 327 or
1103 is not approved merely by the filing of a Substitution of Attorney and
service of notice thereof. Approval of employment must be obtained in
compliance with the requirements of the Bankruptcy Code, FRBP, and these
rules.
(c) Notice.
(1) Case. An attorney seeking withdrawal or substitution who has appeared on behalf
of an entity in any matter concerning the administration of the case must give
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LBR 2091-1
notice of the proposed substitution or motion for leave to withdraw to the debtor,
the United States trustee, any case trustee, any committee appointed in the case,
and counsel for any of the foregoing.
(2) Proceedings. An attorney seeking withdrawal or substitution who has appeared
on behalf of an entity only in one or more proceedings must give notice of the
proposed substitution or motion for leave to withdraw to the debtor, each party
who has been named or who has appeared in such proceeding(s), and the United
States trustee.
(3) Cases and Proceedings. An attorney seeking withdrawal or substitution who has
appeared on behalf of an entity both in the case and one or more proceedings must
give notice of the proposed substitution or motion for leave to withdraw to all
entities entitled to notice under subsections (c)(1) and (2) of this rule.
(d) Corporation, Partnership, Unincorporated Association, or Trust. An attorney
moving for leave to withdraw from representation of a corporation, a partnership
including a limited liability partnership, a limited liability company, or any other
unincorporated association, or a trust, concurrently or prior to filing any such motion,
must give notice to the client of the consequences of its inability to appear without
counsel, including the possibility that a default judgment may be entered against it in
pending proceedings; or, if the client is a chapter 11 debtor, that the case may be
converted to chapter 7, a trustee may be appointed, or the case may be dismissed.
(e) Delay by Withdrawal or Substitution.
(1) A withdrawal or substitution of counsel will not result in a continuance of any
matter, absent an order granting a motion for continuance after notice and a
hearing pursuant to LBR 9013-1(m).
(2) Unless good cause is shown and the ends of justice require, no substitution or
withdrawal will be allowed that will cause unreasonable delay in prosecution of
the case or proceeding to completion.
(f) Change of Address.
(1) An attorney who changes office address must file and serve a notice of change of
address to update the attorney’s address in the court’s electronic database.
(2) In the absence of a specific request to the contrary, a change of address will
update the attorney’s address in the court’s electronic database and the mailing list
in all open cases in which the attorney represents a debtor or other party in
interest.
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[BLANK PAGE]
40 12/17
LBR 3007-1
LBR 3003-1. NOTICE OF CLAIMS BAR DATE IN CHAPTER 11 CASES
(a) Use of Mandatory Form for Notices of Claims Bar Date. No later than 7 days after
the court orders a bar date for the filing of proofs of claim in a chapter 11 case, whether
on its own initiative or on a motion filed pursuant to LBR 9013-1(q), the debtor in
possession or the chapter 11 trustee must file and serve on all creditors, and all other
parties entitled to notice, a notice of the claims bar date using mandatory courtapproved
form F 3003-1.NOTICE.BARDATE.
LBR 3007-1. OBJECTIONS TO CLAIMS
(a) Objections.
(1) An objection to claim is a “contested matter” under FRBP 9014. Except to the
extent otherwise provided in this rule, an objection to claim must comply with
LBR 9013-1 unless the objection is to become an adversary proceeding pursuant
to FRBP 3007(b).
(2) A claim objection must include the number, if any, assigned to the disputed claim
on the court’s claims register.
(3) A separate objection must be filed to each proof of claim unless:
(A) The objection pertains to multiple claims filed by the same creditor;
(B) The objection is an omnibus claim objection; or
(C) The court orders otherwise.
(4) An omnibus claim objection asserts the same type of objection to claims filed by
different creditors (e.g., claims improperly filed as priority claims, duplicate
claims, claims filed after the bar date, etc., as described in FRBP 3007(d)). In
addition to the requirements set forth in FRBP 3007(e), an omnibus claim
objection must:
(A) Identify the name of each claimant and the claim number in the caption of
the objection; and
(B) Include as exhibits the documents supporting each claim objection
organized and indexed by claim number.
(5) If more than 20 objections in a case are noticed for hearing on a single calendar,
the objector must comply with the supplemental procedures contained in the
Court Manual.
(b) Notice and Hearing.
(1) A claim objection must be set for hearing on notice of not less than 30 days.
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LBR 3007-1
(2) The claim objection must be served on the claimant at the address disclosed by
the claimant in its proof of claim and at such other addresses and upon such
parties as may be required by FRBP 7004 and other applicable rules.
(3) Notice of the objection on or conforming to court-mandated form F 3007-
1.1.NOTICE.OBJ.CLAIM, Notice of Objection to Claim, must be served with the
claim objection. The notice must advise the claimant of the date, time, and place
of hearing, and state:
(A) A response must be filed and served not later than 14 days prior to the date
of hearing set forth in the notice; and
(B) If a response is not timely filed and served, the court may grant the relief
requested in the objection without further notice or hearing.
(4) The court will conduct a hearing on a claim objection to which there is a timely
response.
(5) If the claimant timely files and serves a response, the court, in its discretion, may
treat the initial hearing as a status conference if it determines that the claim
objection involves disputed fact issues or will require substantial time for
presentation of evidence or argument.
(6) If the claimant does not timely file and serve a response, the court may sustain the
objection without a hearing.
(A) The objector must file a declaration attesting that no response was timely
filed and served upon the objector. The declaration must identify the docket
number and filing date of the objection to claim, notice, and proof of service
of the notice and objection to claim, and be served on the claimant.
(B) The objector must also lodge a proposed order prepared and served in
accordance with LBR 9021-1 and the Court Manual.
(C) The objecting party must serve the entered order on the claimant and
counsel, if any.
(c) Evidence Required.
(1) An objection to claim must be supported by admissible evidence sufficient to
overcome the evidentiary effect of a properly documented proof of claim
executed and filed in accordance with FRBP 3001. The evidence must
demonstrate that the proof of claim should be disallowed, reduced, subordinated,
re-classified, or otherwise modified.
(2) A copy of the complete proof of claim, including attachments or exhibits, must be
attached to the objection to claim, together with the objector’s declaration stating
that the copy of the claim attached is a true and complete copy of the proof of
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LBR 3011-1
claim on file with the court, or, if applicable, of the informal claim to which
objection is made.
(3) If the complete proof of claim is not readily available from the court file, the
objector may formally request a copy from the holder of the claim by serving the
creditor with a notice in substantially the same form as court-approved form
F 3007-1.2.NOTICE.REQ.CLAIM, Notice of Trustee’s/Debtor’s Request for a
Copy of Proof of Claim.
(A) The request must advise the holder of the claim that failure to supply a
complete copy of the proof of claim, including all attached documentation,
within 30 days of the notice may constitute grounds for objection to the
claim based on the claimant’s failure to provide requested documentation to
support the claim.
(B) If an objection is filed on this basis, it must be accompanied by a declaration
providing evidence that the proof of claim was not readily available from
the court file or otherwise.
(4) If the basis for the objection is that the proof of claim was filed after the bar date,
the objection must include a copy of each of the following:
(A) The bar date order, if any;
(B) The notice of bar date; and
(C) Proof of service of the notice of bar date.
(5) If the basis for the objection is that there are duplicate proofs of claim, the
objection must include a complete copy of each proof of claim.
LBR 3011-1. PROCEDURE FOR OBTAINING ORDERS RELEASING UNCLAIMED
FUNDS
(a) Form of Motion.
(1) An entity seeking the release of unclaimed funds pursuant to 28 U.S.C. § 2042
must file a motion in compliance with LBR 9013-1 using either court-approved
form F 3011-1.MOTION.UNCLAIMED.FUNDS, Motion for Order Releasing
Unclaimed Funds, or a motion containing all of the information and supporting
evidence required by the court-approved form.
(2) The failure to comply with this requirement may result in denial of the motion
without a hearing.
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LBR 3015-1
(b) Notice.
(1) A motion for an order releasing unclaimed funds must be served on at least the
following parties:
(A) United States attorney for the Central District of California;
(B) United States trustee for the Central District of California;
(C) The trustee appointed in the case and the trustee’s counsel (if any);
(D) The debtor, debtor in possession, reorganized debtor, or other fiduciary
appointed to supervise the distribution of funds and assets of the estate and its
counsel (if any); and
(E) If movant is not the original creditor or an employee thereof, the original
creditor, addressed to the attention of the managing officer or person of that
creditor, if applicable, and upon the creditor’s counsel (if any).
(2) The motion will be denied if not served properly on all parties listed in subsection
(b)(1) of this rule.
(c) Order.
The motion may be ruled upon without a hearing pursuant to LBR 9013-1(p).
LBR 3015-1. PROCEDURES REGARDING CHAPTER 13 CASES
(a) Applicability.
(1) Except as provided herein, this rule relates to chapter 13 cases in all divisions of the
bankruptcy court and supersedes any previous orders in conflict with these
provisions.
(2) To the extent that this rule conflicts with any other provisions of the Local
Bankruptcy Rules, the provisions of this rule prevail. In all other respects, the Local
Bankruptcy Rules apply in all chapter 13 cases.
(b) Filing and Service of Petitions, Plans, Proofs of Claim, and Other Forms.
(1) Filing of Petition and Case Commencement Documents; Effect of Not Filing Timely.
An original of the petition, schedules and all other documents required to initiate the
case must be filed with the court in accordance with procedures found in the Court
Manual.
Except as provided by FRBP 1019(1)(A), if the chapter 13 schedules, plan, and all
other required documents are not filed with the petition, the clerk will issue a notice
advising the debtor that, if the missing documents are not filed within 14 days from
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LBR 3015-1
the date of the filing of the petition, the court may dismiss the case, unless the court
grants a motion to extend time filed within the 14 days.
(2) Time Extension. A motion for extension of time must comply with LBR 1007-1(b).
(3) Notice and Service of Chapter 13 Plan and Notice of the Hearing on Confirmation.
The debtor must serve a notice of the hearing on confirmation of debtor’s chapter 13
plan, along with a copy of the chapter 13 plan, on all creditors and the chapter
13 trustee at least 14 days before the date first set for the § 341(a) meeting of
creditors, using the court-mandated F 3015-1.01.CHAPTER13.PLAN form. A
proof of service must be filed with the court and served on the chapter 13 trustee
at least 7 days prior to the date first set for the meeting of creditors.
(4) Forms. The chapter 13 petition, schedules, statement of financial affairs, and proofs
of claim must be prepared on the appropriate Official Forms, as required by FRBP
1007(b)(1). All other chapter 13 documents filed by the debtor must be filed using
applicable court-approved forms, if any, or be prepared in the same format.
(5) Proof of Claim. Each proof of claim must be filed in accordance with FRBP 3002
and must be served on the debtor’s attorney, the debtor, and on the chapter 13
trustee. Each proof of claim must include a proof of service.
(6) Domestic Support Obligations. In all cases in which there is a domestic support
obligation, regardless of the entity holding such claim, the debtor must provide to the
chapter 13 trustee prior to or at the meeting of creditors the name, current address,
and current telephone number of the holder of the claim along with any applicable
case number and account number. Throughout the duration of the case, the debtor
must inform the chapter 13 trustee of any new or changed information regarding this
requirement. Should a domestic support obligation arise after the filing of the
petition, the debtor must provide the required information to the chapter 13 trustee as
soon as practicable but no later than 28 days after the duty arises to pay the domestic
support obligation.
(7) Deadline to File Pleadings to Avoid Liens under 11 U.S.C. §§ 506(a) and 522(f).
Unless otherwise ordered by the court, the debtor shall file any document to value
collateral pursuant to 11 U.S.C. § 506(a) and/or any document to avoid a judgment
lien pursuant to 11 U.S.C. § 522(f) within 28 days of commencement of the case.
(c) Meeting of Creditors – § 341(a).
(1) Notice and Service. The Clerk’s Notice of the § 341(a) meeting of creditors and
initial confirmation hearing date will be served on all creditors by the court at least
28 days before the date first set for the § 341(a) meeting of creditors.
(2) Attendance Requirement. The debtor and debtor’s attorney (if any) must attend the
§ 341(a) meeting of creditors. If the case is a joint case, both debtors must appear.
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LBR 3015-1
(3) Evidence of Income. The debtor must provide evidence of current income (pay
stubs, tax returns, or other equivalent documentation) to the chapter 13 trustee at
least 7 days before the § 341(a) meeting of creditors. If income from third party
contributors will be used to fund the plan, the debtor must also provide evidence
(declarations and pay stubs or other appropriate evidence) of the commitment and
the contributor’s proof of income for a full month.
(4) Required Reports when the Debtor is Self-Employed and has No Employees. If the
debtor is self-employed but has no employees, the debtor must submit to the
chapter 13 trustee at least 7 days before the § 341(a) meeting of creditors, the
following:
(A) Projection of average monthly income and expenses for the next 12 months;
(B) Bank statements for the 6 months prior to the filing of the case for all bank
accounts;
(C) Tax returns for at least 2 years or since the start of the business, whichever
period is shorter; and
(D) Such other reasonable evidence requested by the chapter 13 trustee.
(5) Required Reports when a Debtor is Self-Employed and Has Employees. If the
debtor is operating a business or is otherwise self-employed, the debtor must submit
to the chapter 13 trustee at least 7 days before the § 341(a) meeting of creditors, the
following:
(A) Projection of average monthly income and expenses for the next 12 months;
(B) Evidence of appropriate business insurance;
(C) Inventory of goods as well as a list of business furnishings and equipment as of
the date of the filing of the petition;
(D) Monthly income and expense statements for at least the 6 months preceding the
date of the filing of the petition, or for such shorter time if the business has
been in operation for less than the requisite 6 months, signed by the debtor
under penalty of perjury;
(E) Tax returns for at least 3 years or since the start of the business, whichever
period is shorter; and
(F) Such other reasonable evidence requested by the chapter 13 trustee, including
bank statements, canceled checks, contracts, or other information relevant to
the debtor’s ability to fund the proposed plan.
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LBR 3015-1
(6) Failure to Comply. If the debtor fails to comply with any of the requirements of this
subsection (c) of this rule, such failure may result in:
(A) Disgorgement of attorneys’ fees if the failure is attributed to the debtor’s
attorney;
(B) Continuance of the § 341(a) meeting or confirmation hearing; and/or
(C) Dismissal of the case either (i) without prejudice or (ii) with a 180-day bar to
being a “debtor” in accordance with 11 U.S.C. § 109(g), if the court finds
willful failure of the debtor to abide by orders of the court or to appear before
the court in proper prosecution of the case.
(d) Confirmation Hearing. The debtor’s attorney or the debtor, if not represented by
counsel, must appear at the confirmation hearing unless specifically excused by court
order or by the trustee prior to the confirmation hearing in conformance with procedures
of the judge to whom the case is assigned.
(1) Date of Confirmation Hearing. Unless otherwise ordered by the court, a
confirmation hearing will be held no earlier than 20 days after the commencement of
the § 341(a) meeting of creditors.
(2) Preparation of Order Confirming Plan.
(A) Lodgement of Order. Unless otherwise ordered by the court, the chapter 13
trustee will prepare on the mandatory form and lodge a proposed Order
Confirming Plan (“Order”) using procedures established by the Clerk’s Office
that will docket and serve the Notice of Lodgment and a copy of the lodged
order to all CM/ECF users registered to receive notices on the case. In the
case of a self-represented debtor who does not automatically receive service of
the Notice of Lodgment and a copy of the lodged order, the trustee must serve
such debtor by first class mail.
(B) Opportunity to Object. Within 7 days of the Notice of Lodgment, any party
may file an objection to the proposed Order, attaching an alternative proposed
Order at the objector’s discretion. The objecting party shall set a hearing on
the objection on not less than 7 and no more than 28 days’ notice on a regular
chapter 13 miscellaneous motion calendar.
(C) Entry of Order if No Objection. If no objection is filed within 7 days, the
proposed Order will then be reviewed and approved or modified by the court
and entered on the docket.
(D) Hearing on Objection and Entry of Order. At the noticed hearing, the court
shall rule on the objection and the form of Order, after which an Order will be
entered at the court’s direction.
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LBR 3015-1
(E) Service of Entered Order. The Order will be served by the court on the debtor
and the debtor’s attorney.
(e) Personal Property, including Vehicles.
(1) Postpetition Payments. The plan may provide that postpetition contractual payments
on leases of personal property and claims secured by personal property, including
vehicles, will be made directly to the creditor. All such direct payments must be
made as they come due postpetition. If there are arrearages or the plan changes the
amount of payment, duration, or interest rate for any reason, including the fact that a
portion of the claim is deemed unsecured, then all payments so provided in the plan
must be paid through the chapter 13 trustee. If the plan provides for postpetition
contractual payments to be made through the chapter 13 trustee, the debtor must pay
the lease and adequate protection payments required by 11 U.S.C. §§ 1326(a)(1)(B)
and 1326(a)(1)(C) through the chapter 13 trustee.
(2) Property Surrendered in Confirmed Plan. When the confirmed plan provides for the
surrender or abandonment of property, the trustee is relieved from making any
payments on the creditor’s related secured claim, without prejudice to the creditor’s
right to file an amended unsecured claim for a deficiency, when appropriate. The
stay is terminated as to the surrendered collateral upon entry of the order confirming
the plan.
(3) Evidence of Payment.
(A) Filing and Service of Declaration At least 14 days prior to the dates set forth
below in subparagraph (e)(3)(B), the debtor must file and serve on the
chapter 13 trustee and all secured creditors to whom the debtor is required to
make payments under this subsection a declaration on court-mandated form
F 3015-1.4.DEC.PRECONF.PYMTS, evidencing that the debtor has made all
of the payments required by subsection (e)(1) of this rule. Unless otherwise
ordered by the court, copies of all money orders, cashier’s checks or other
instruments used to make the payments need not be attached to the form. The
first form, and each updated form, must reflect, cumulatively, all payments
made between the date of the petition and the date of the form.
(B) Events Requiring Evidence of Payment. The events requiring evidence of
payment are:
(i) the date scheduled for each § 341(a) meeting of creditors; and
(ii) the date scheduled for each hearing to consider confirmation of a chapter
13 plan in the case.
(C) Bring Declarations to All § 341(a) Meetings of Creditors and Hearings on Plan
Confirmation. The debtor must bring a copy of an executed form F 3015-
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LBR 3015-1
1.4.DEC.PRECONF.PYMTS, together with a proof of service reflecting service
establishing compliance with subparagraph (e)(3)(B).
(f) Domestic Support Obligations. The plan may provide for current payments of domestic
support obligations directly to the creditor. The plan may provide for payment of a
domestic support obligation arrearage and any such arrearage must be paid through the
chapter 13 trustee.
(g) Objections to Plan.
(1) Filing and Service. Objections, if any, to the confirmation of the plan must be in
writing, supported by appropriate declarations or other admissible evidence, filed
with the court, and served on debtor’s attorney, the debtor (if not represented by
counsel), and the chapter 13 trustee not less than 14 days before the date set for the
confirmation hearing.
(2) Form of Objection and Caption. A written objection must state in the caption the
date, time, and place of the § 341(a) meeting of creditors and the date, time, and
place of the confirmation hearing.
(3) Failure to Object or to Prosecute Objection. The failure to file a written objection on
a timely basis may be deemed a waiver of the objection.
(4) Attendance. If the objecting creditor does not appear at the confirmation hearing, the
court may overrule the objection.
(h) Amendments to Plan Prior to the Confirmation Hearing.
(1) Filing and Service. Failure to comply with these requirements may result in
continuance of the confirmation hearing or dismissal of the case.
(A) Amendments Not Treating Claims Adversely. If a debtor wishes the court to
confirm a plan other than the plan originally filed with the court and files the
amended plan, the amended plan must be filed and served on the chapter 13
trustee at least 7 days before the confirmation hearing.
(B) Amendments Treating Claims Adversely. If the amended plan will adversely
affect any creditor (for example, if it treats any creditor’s claim less favorably
than the previously filed plan), the amended plan must be filed and served on
all affected creditors and the chapter 13 trustee at least 28 days before the
confirmation hearing.
(2) Caption of Amended Plan. The caption of an amended plan must identify that it is
an amended plan (e.g., “First Amended Plan,” “Second Amended Plan”) and must
state the date, time, and place of the confirmation hearing at which the debtor will
seek confirmation.
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LBR 3015-1
(3) Effects of Amended Plan on Plan Payments. If the debtor files an amended plan, the
debtor must tender plan payments which come due after the filing date of the
amended plan in the amount set forth in the amended plan. The amended plan shall
also take into account all prior plan payments tendered to the chapter 13 trustee and
shall state the amount of each prior payment and the month to which that prior
payment is attributed to.
(4) Amendments to Plan at the Confirmation Hearing. If a debtor wishes the court to
confirm a plan other than the plan originally filed with the court, and the proposed
amendments are not contained in the original plan or a timely filed amended plan,
the amendment may be made by oral motion at the confirmation hearing if the
amendment to a plan does not adversely affect creditors. The proponent of the
amendment should give the chapter 13 trustee an opportunity to review the proposed
amendment prior to the confirmation hearing.
(i) INTENTIONALLY LEFT BLANK.
(j) Payment on Proofs of Claim Subject to Objections to Claims. Pending resolution, the
chapter 13 trustee will make payments on only the uncontroverted portion of the claim
subject to the objection to claim, until such time as the court orders otherwise.
(k) Plan Payments to Chapter 13 Trustee.
(1) Plan Payment Procedure.
(A) Plan payments are due on the same day of each month beginning not later than
30 days after the petition is filed. If the case was converted from chapter 7, the
first plan payment is due 30 days from the date of conversion. However, if the
plan payment due date falls on the 29th, 30th, or 31st of the month, then the plan
payment is due on the 1st of the following month. Unless otherwise instructed
by the assigned chapter 13 trustee, all plan payments that accrue before the
§ 341(a) meeting of creditors must be tendered, in the form described in
subsection (k)(3) of this rule, to the chapter 13 trustee or the trustee’s
representative at the § 341(a) meeting of creditors.
(B) All plan payments that accrue after the § 341(a) meeting of creditors but prior
to confirmation must be tendered on a timely basis to the chapter 13 trustee, as
instructed by the chapter 13 trustee at the § 341(a) meeting of creditors.
(C) All plan payments that accrue after confirmation of the plan must be sent to the
address provided by the chapter 13 trustee.
(D) To the extent the debtor has made plan payments under an original or modified
plan prior to confirmation that differ from payments required by the confirmed
plan, the confirmation order must account for plan payments made through the
date of confirmation and adjust the on-going plan payments accordingly so that
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LBR 3015-1
the debtor will complete payment of all plan amounts within the term of the
confirmed plan.
(2) Adequate Protection Payments. The debtor cannot reduce the amount of the plan
payments to the chapter 13 trustee under 11 U.S.C. §§ 1326(a)(1)(B) or
1326(a)(1)(C) without an order of the court.
(A) Pending confirmation of the plan, the chapter 13 trustee will promptly disburse
payments received from the debtor as proposed in the debtor’s chapter 13 plan
to a creditor holding an allowed claim secured by personal property where such
security interest is attributable to the purchase of such property.
(B) The chapter 13 trustee may assess an administrative fee for effecting the
payments required in subsection (k)(2)(A) of this rule and may collect such fee
at the time of making the payment. The allowed expense fee must be no more
than the percentage fee established by the Attorney General pursuant to
28 U.S.C. § 586(e)(1)(B) in effect at the time of the disbursement.
(C) Should the case be dismissed or converted prior to or at the hearing on
confirmation of the plan, any portion of the balance on hand which has been
tendered to the chapter 13 trustee for adequate protection must be disbursed to
the creditor to whom those adequate protection payments are owed as soon as
practicable.
(3) Form of Payment. Unless and until a payroll deduction order is effective, all plan
payments must be paid electronically, in the form of cashier’s check, certified funds,
money order made payable to the “Chapter 13 Trustee,” or other means approved by
the chapter 13 trustee in advance, and tendered by the debtor as instructed by the
chapter 13 trustee. The court may require plan payments through a payroll deduction
order. If a payroll deduction order is not authorized in the confirmation order,
whenever a plan payment is more than 21 days late, the chapter 13 trustee may file
and serve a motion requesting the court to issue such an order. The entered order
must be served upon the debtor’s employer, the debtor, and the debtor’s attorney (if
any).
(4) Dismissal or Conversion for Non-Payment. If the debtor fails to make a plan
payment, the case may be dismissed or converted to a case under chapter 7. If the
case is dismissed for willful failure of the debtor to abide by an order of the court, or
to appear before the court in proper prosecution of the case, the court may impose a
180-day bar to being a “debtor” in accordance with 11 U.S.C. § 109(g).
(l) INTENTIONALLY LEFT BLANK.
(m) Payments on Mortgages or Trust Deeds.
(1) Scope of Rule. The term “Real Property” as used in this subsection includes both
(A) commercial and residential real property and undeveloped land owned by the
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debtor; and (B) mobile and manufactured homes owned by the debtor and installed
on a permanent foundation or used as a dwelling, but does not include any property
that the debtor’s filed plan specifically states will be surrendered.
(2) Postpetition Payment Procedure. Except for plans in which the debtor elects to make
postpetition mortgage payments through the plan, until a plan is confirmed, a debtor
must pay in a timely manner directly to each secured creditor all payments that fall
due postpetition on debt secured by Real Property, as defined above, and must
provide evidence of such payments on court-mandated form F 3015-
1.4.DEC.PRECONF.PYMTS in the manner set forth below.
The plan may provide that postpetition mortgage payments will be made directly to
the creditor. All such direct payments must be made as they come due postpetition.
If there are arrearages or the plan changes the amount of payment, duration, or
interest rate for any reason, including the fact that a portion of the claim is deemed
unsecured, then all payments so provided in the plan must be paid through the
chapter 13 trustee. If the debtor elects to pay postpetition mortgage payments
through the chapter 13 trustee, then the amount of the mortgage payment must be
included in each monthly plan payment tendered to the chapter 13 trustee for the
term of the plan.
(3) Determination of Due Date. With the exception of the payment due for the month in
which the petition is filed (the “Filing Month Payment”), the due date of a payment
for the purpose of this subsection is the last day that the payment may be made
without a late charge or penalty. The due date of the Filing Month Payment will be
the date on which such payment first becomes due under the terms of the applicable
promissory note. If that date falls on or before the petition date, the Filing Month
Payment will be considered prepetition and need not be paid in order to comply with
this subsection.
(4) Real Property Surrendered in Confirmed Plan. When the confirmed plan provides
for the surrender of real property, the trustee is relieved from making any payments
on the creditor’s related secured claim, without prejudice to the creditor’s right to file
an amended unsecured claim for a deficiency, when appropriate. The stay is
terminated as to the surrendered collateral upon entry of the order confirming the
plan.
(5) Form of Payment. The payments required by subsection (m)(2) of this rule must be
in the form of money order, cashier’s check, wire transfer (including direct payments
over the Internet or by automatic withdrawals from the debtor’s checking account),
certified funds, or other instruments used to make the payments and must indicate on
each item the debtor’s name, the bankruptcy case number, and the appropriate loan
number or credit account number.
(6) Evidence of Payment
(A) Filing and Service of Declaration. At least 14 days prior to the dates set forth
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below in subparagraph (m)(6)(B), the debtor must file with the court and serve
on the chapter 13 trustee and all secured creditors to whom the debtor is
required to make payments under this subsection a declaration on courtmandated
form F 3015-1.4.DEC.PRECONF.PYMTS, evidencing that the
debtor has made all of the payments required by subsection (m)(2) or (3) of this
rule. Unless otherwise ordered by the court, copies of all money orders,
cashier’s checks, wire transfers (including direct payments over the Internet or
by automatic withdrawals from the debtor’s checking account), certified funds,
or other instruments used to make the payments need not be attached to the
form. The first form, and each updated form must reflect, cumulatively, all
payments made between the date of the petition and the date of the form. If the
debtor owns more than one parcel of Real Property, the debtor must prepare
and submit a separate form F 3015-1.4.DEC.PRECONF.PYMTS for each
parcel of Real Property.
(B) Events Requiring Evidence of Payment. The events requiring evidence of
payment are:
(i) the date scheduled for each § 341(a) meeting of creditors; and
(ii) the date scheduled for each hearing to consider confirmation of a
chapter 13 plan in the case.
(C) Bring Declaration to All § 341(a) Meetings of Creditors and Hearings on Plan
Confirmation. The debtor must bring a copy of an executed form F 3015-
1.4.DEC.PRECONF.PYMTS, together with a proof of service reflecting
service in accordance with this subsection, to all dates set forth above in
subparagraph (m)(6)(B).
(7) Failure to Make Postpetition Payments. Failure to make all of the payments required
by subsection (m)(2) or (3) of this rule in a timely manner will generally result in
dismissal of the case. In determining whether a debtor has complied with this
subsection at a confirmation hearing, the court will disregard payments as to which a
late penalty has not yet accrued or which are due on the date of the confirmation
hearing. The failure to submit form F 3015-1.4.DEC.PRECONF.PYMTS at each
§ 341(a) meeting of creditors and each confirmation hearing, with all required
attachments, may result in dismissal of the case, and the court may impose a 180-day
bar to being a debtor pursuant to 11 U.S.C. § 109(g).
(n) Modification of Confirmed Plan or Suspension of Plan Payments. After a chapter 13
plan has been confirmed, its terms can be modified only by court order upon a motion to
modify the plan or a stipulation between the debtor and the chapter 13 trustee. A motion
to modify a confirmed plan or to suspend plan payments must be made in accordance with
subsections (w) and (x) of this rule and must be filed using court-mandated forms.
(o) Tax Returns. For each year a case is pending after the confirmation of a plan, the debtor
must provide to the chapter 13 trustee within 14 days after the return is filed with the
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appropriate tax agencies a copy of: (1) the debtor’s federal and state tax returns; (2) any
request for extension of the deadline for filing a return; and (3) the debtor’s forms W-2
and 1099. The debtor must timely file with the appropriate tax authority all tax returns
that come due after commencement of the case.
(p) Sale or Refinance of Real Property. A sale or refinancing of the debtor’s principal
residence or other real property must be approved by the court. A motion to approve a sale
or refinance of real property may be made by noticed motion in accordance with
subsections (w) and (x) of this rule.
(q) Dismissal or Conversion of Case.
(1) Debtor Seeks Dismissal.
(A) Case Has Not Been Previously Converted. If the case has not been converted
from another chapter, a debtor may seek dismissal of the case by filing with
the clerk of the bankruptcy court a request for voluntary dismissal pursuant to
11 U.S.C. § 1307(b) and may be ruled on without a hearing pursuant to LBR
9013-1(q). The proof of service must evidence that the request for dismissal
was served upon the chapter 13 trustee and the United States trustee.
(B) Case Has Been Previously Converted. If the case has been converted from
another chapter, a debtor must file and serve a motion in accordance with
LBR 9013-1 (d) or (o) and LBR 1017-2(e). Notice must be given to the
chapter 13 trustee, any former trustee, all creditors, and any other party in
interest entitled to notice under FRBP 2002.
(C) Mandatory Disclosure. Whether dismissal is sought by request or motion, a
debtor must disclose under penalty of perjury whether the present case has
been converted from another chapter of the Bankruptcy Code, and whether
any motion for relief from, annulment of, or conditioning of the automatic
stay has been filed against the debtor in the present case.
(2) Debtor Seeks Conversion.
(A) Debtor Seeks First Time Conversion of Chapter 13 to Chapter 7. Pursuant to
11 U.S.C. § 1307(a), FRBP 1017 and LBR 1017-1(a)(1), the conversion of a
chapter 13 case to a case under chapter 7 (for the first time) will be effective
upon:
(i) The filing by the debtor with the clerk of the bankruptcy court of a notice
of conversion using court-mandated form F 3015-1.21.NOTICE.
CONVERT.CH13 and a proof of service evidencing that the notice of
conversion was served upon the chapter 13 trustee and the United States
trustee; and
(ii) Payment of any fee required by 28 U.S.C. § 1930(b).
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(B) Debtor Seeks Subsequent Conversion of Chapter 13 to Chapter 7. If the case
has previously been converted from another chapter, a debtor must file and
serve a motion in accordance with LBR 9013-1(d) or (o). Notice must be given
to the chapter 13 trustee, any former trustee, and all creditors.
(C) Debtor Seeks Conversion of Chapter 13 to Chapter 11. A motion by the debtor
to convert a chapter 13 case to a case under chapter 11 must be filed, served
and set for hearing in accordance with LBR 9013-1(d). Notice must be
provided to the chapter 13 trustee and all creditors.
(3) Interested Party Seeks Dismissal or Conversion of Chapter 13 to Chapter 7, 11,
or 12. A motion by any other party in interest to either dismiss a chapter 13 case, or
alternatively, to convert a chapter 13 case to a case under chapter 7, 11, or 12, must
be noticed for hearing by the moving party pursuant to LBR 9013-1(d). This notice
must be given to the debtor, debtor’s attorney (if any), all creditors, the chapter 13
trustee, any former trustee, and the United States trustee.
(4) Lodging and Service of Order. When an order is required, the moving party must
prepare and lodge the proposed order of dismissal or conversion in accordance with
LBR 9021-1 and the Court Manual. The Clerk will prepare a separate notice of
dismissal or conversion.
(5) Distributions before Notice to the Chapter 13 Trustee. Any distributions of estate
funds made by the chapter 13 trustee in the ordinary course of business for the
benefit of the debtor’s estate prior to receipt of notice of dismissal or conversion will
not be surcharged to the chapter 13 trustee.
(6) Distributions after Notice to Chapter 13 Trustee. Unless the court orders otherwise,
and subject to the provisions below regarding contested distributions, the following
procedures implement the requirement that the chapter 13 trustee return to the debtor
(i) any postpetition earnings and (ii) any other property that is no longer property of
the estate and that is vested in the debtor, after deduction for any unpaid
administrative expense and certain other claims, under 11 U.S.C. §§ 348(f), 349(b),
1326(a)(2), and FRBP 1019(5) or (6).
(A) 14 Day Holding Period. The chapter 13 trustee must hold any remaining
property until at least 14 days have passed after entry of the order dismissing or
converting the case. Within 14 days of dismissal or conversion any person or
entity asserting an administrative expense under 11 U.S.C. § 503 (including,
without limitation, a claim for professional fees), or a claim under §1326(a)(2)
and (3), must file an application, motion or other written request for payment
thereof, set it for hearing if required, serve it pursuant to the applicable rules,
and, if the document is not filed electronically, deliver it to the chapter 13
trustee so that it is received before the end of such 14-day period. If the
claimant fails to do all of these things timely (the “Claim Prerequisites”), then
the chapter 13 trustee may treat such request as having been filed after the
14 day deadline and of no force of effect, absent a court order to the contrary.
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After the deduction of any applicable chapter 13 trustee fees, the chapter 13
trustee must make distributions as follows:
(i) Distributions to Administrative Claimants. First, pro rata distributions to
the holders of administrative expenses under 11 U.S.C. § 503(b) as to
which (1) the Claim Prerequisites have been satisfied timely and (2) as to
which the court has entered an order approving payment.
(I) Administrative expenses to which subparagraph (6)(A)(i) is
applicable include without limitation: (a) any unpaid attorney’s fee
or expense asserted under a Rights and Responsibilities Agreement
signed by the debtor’s attorney and the debtor or an FRBP 2016(b)
statement, (b) any supplemental fee or expense under 11 U.S.C.
§ 330, (c) any administrative expenses scheduled under FRBP
1019(5)(B) or (C), and (d) any other administrative expense.
(II) Unless a different deadline has been established in connection with
a scheduled hearing, any application, motion or other request for
payment of an administrative expense under 11 U.S.C. § 503(b)
must advise parties in interest that any objection to the allowance
and payment of such expense must be filed and served no later than
14 days following service of such application or request, or such
objection must be deemed waived. Any objection must be served on
the applicant, the chapter 13 trustee and the debtor. If the objection
is not filed electronically, it must be served so that it is received by
these parties within such 14-day period. If an objection is timely
filed, the applicant must schedule a hearing with the court and serve
notice of such hearing on interested parties.
(ii) Distributions to Certain Creditors. Second, after any distributions to the
holders of administrative expenses as provided above, pro rata
distributions on the allowed claims of any persons who have filed an
application for payment of amounts due and owing pursuant to 11 U.S.C.
§ 1326(a)(2) and (3) that satisfies the above Claim Prerequisites.
(iii) Distributions to the Debtor.
(I) Postpetition Earnings. After the foregoing distributions, the
chapter 13 trustee must distribute any remaining postpetition
earnings to the debtor, or to the chapter 11 trustee if the chapter 13
trustee has been served with an order or notice of appointment of a
chapter 11 trustee.
(II) Other Property. If the chapter 13 trustee holds any property known
to the chapter 13 trustee to come from a source other than
postpetition earnings, such as proceeds from the sale of property,
and that property is not automatically vested in any entity (e.g.,
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LBR 3015-1
under 11 U.S.C. § 349(b)(3)), then the chapter 13 trustee must treat
such property as a contested distribution pending an order, on an
application by a party in interest, authorizing a proposed
distribution to the debtor or other persons pursuant to 11 U.S.C.
§ 348(f)(1) (for conversion) or 11 U.S.C. § 349(b) (for dismissal)
and 11 U.S.C. § 1326(a)(2).
(B) Contested Distributions. Notwithstanding the foregoing, if an application,
motion request or objection regarding distribution is pending, or if the
chapter 13 trustee files an application for instructions from the court for
direction concerning the distribution of funds, then the chapter 13 trustee must
reserve sufficient funds to pay the maximum requested amounts, pending
resolution by order or by consent of the affected persons.
(r) Motions Regarding Stay of 11 U.S.C. § 362.
(1) Required Format and Information. A motion regarding the stay of 11 U.S.C. § 362
must comply with LBR 4001-1.
(2) Motions Regarding Default in Payment.
(A) Preconfirmation Default. A motion for relief from the automatic stay based
solely upon a preconfirmation payment default is premature until a late charge
has accrued under the contract on the postpetition obligation that the creditor
seeks to enforce. If no late charge is provided, the motion may be brought
14 days after the postpetition payment is due. A motion for relief from stay
based on other grounds may be brought at any time.
(B) Postconfirmation Default. A motion for relief from the automatic stay based
solely on postconfirmation payment default is premature until a late charge has
accrued under the contract on the obligation that the creditor seeks to enforce.
If no late charge is provided, the motion may be brought 14 days after payment
is due.
(3) Stipulations Regarding the Stay of 11 U.S.C. § 362. A stipulation for relief from the
automatic stay or to modify the automatic stay, or to impose or continue the stay,
does not require the consent or signature of the chapter 13 trustee unless the
provisions of the stipulation require the trustee to continue payment, discontinue
payment, or perform other actions. Such stipulations must be approved by a court
order that must be prepared and lodged in accordance with LBR 4001-1(b)(2)(B).
(4) Payments after Relief from Automatic Stay. If an order is entered granting relief
from the automatic stay, unless otherwise specified in the order, the chapter 13
trustee is relieved from making any further payments to the secured creditor that
obtained such relief. The secured portion of that creditor’s claim is deemed
withdrawn upon entry of the order for relief, without prejudice to filing an amended
unsecured claim for a deficiency when appropriate. The secured creditor that obtains
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LBR 3015-1
relief from the automatic stay must return to the chapter 13 trustee any payments the
creditor receives from the chapter 13 trustee after entry of the order unless the
stipulation or order provides otherwise.
(5) No Surcharge of Chapter 13 Trustee. The chapter 13 trustee will not be surcharged
for any distribution of funds in the ordinary course of business prior to receiving
written notice that the automatic stay is not in effect or a claim should not be paid.
(s) Postconfirmation Adequate Protection Orders.
(1) Filing and Service. After an order confirming a plan is entered, if the debtor
proposes to modify the payments by the chapter 13 trustee to the secured creditor by
way of an adequate protection/relief from the automatic stay agreement, the debtor
must file and serve a motion for an order approving the modification of the plan by
the agreement pursuant to subsections (w) and (x) of this rule.
(2) Payments Pending Plan Modification. Notwithstanding court approval of an
adequate protection/relief from the automatic stay agreement, the trustee will
continue to make payments and otherwise perform the trustee’s duties in accordance
with the plan as confirmed unless: (A) the debtor receives a separate court order
approving a modification to the plan; or (B) the adequate protection/relief from the
automatic stay agreement specifically modifies the treatment of the claim under the
confirmed plan.
(t) Discharge Procedures.
(1) General. When the chapter 13 trustee has completed payments under the plan and all
other plan provisions have been consummated, the clerk will send to the debtor and
the debtor’s attorney (if any), a Notice of Requirement to File a Debtor’s
Certification of Compliance Under 11 U.S.C. § 1328 and Application for Entry of
Discharge. Before any discharge may be entered, the debtor must comply with the
requirements of the Certification of Compliance and file the certification with the
court.
(2) Instructional Course on Personal Financial Management. Debtor must also file a
certification that an instructional course concerning personal financial management,
as required by 11 U.S.C. § 1328(g)(1), has been completed or that completion of
such course is not required under 11 U.S.C. § 1328(g)(2).
(3) Case Closure without Discharge. If the certifications required by this subsection
have not been filed within 60 days of the notice provided under subsection (t)(1) of
this rule, then the case may be closed without an entry of discharge.
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(u) Attorney Representation.
(1) Scope of Employment. LBR 2090-1(a) is modified in chapter 13 cases as follows:
Any attorney who is retained to represent a debtor in a chapter 13 case is responsible
for representing the debtor on all matters arising in the case, other than adversary
proceedings, subject to the provisions of a “Rights and Responsibilities Agreement
Between Chapter 13 Debtors and Their Attorneys,” into which the debtor and the
attorney have entered and that complies with these rules.
(2) Debtor Unavailable or Unopposed to Request, Application, or Motion Scheduled for
Hearing. If an attorney for a debtor is unable to contact the debtor in connection
with a request, application or motion (e.g., a motion for relief from the automatic
stay) that is scheduled for a hearing, the attorney may file and serve a statement
informing the court of this fact. If a debtor does not oppose the request, application
or motion, the attorney may file a statement so informing the court and need not
appear at the hearing.
(3) Change of Address. An attorney representing a chapter 13 debtor must provide
written notice to the chapter 13 trustee and to the court of any change to the
attorney’s address during the pendency of the case as required by LBR 2091-1(f).
(v) Attorneys’ Fees.
(1) Rights and Responsibilities Agreement. The use of court-approved form F 3015-
1.7.RARA, Rights and Responsibilities Agreement Between Chapter 13 Debtors and
Their Attorneys (“RARA”) in any case is optional. However, if the debtor’s attorney
elects to proceed under the RARA, the RARA form is mandatory. If the RARA
form is signed by the attorney and the debtor, filed, and served on the chapter 13
trustee, the fees and included costs (excluding the petition filing fee) outlined therein
may be approved without further detailed fee application or hearing, subject to the
terms of both the RARA and the Guidelines for Allowance of Attorneys’ Fees in
Chapter 13 Cases (“Guidelines”) adopted by the court. The RARA may be used
only once in any chapter 13 case.
(2) Duties of Debtors and their Attorneys if the RARA is Signed, Filed, and Served.
The RARA sets forth the duties and obligations that must be performed by the debtor
and debtor’s attorney, both before and after the case is filed and before and after
confirmation of a plan, if the parties elect to use the RARA. The RARA also
specifies the fees that the attorney will charge and the procedures for seeking and
objecting to payment of fees. An attorney who elects to use the RARA may not
charge more than the maximum fees outlined in subsection (v)(1) of this rule for
performing services described in bold face type in the RARA. If the attorney
performs tasks on behalf of the debtor not set forth in bold face, the attorney may
apply to the court for additional fees and costs, but such applications will be
reviewed by both the chapter 13 trustee and the court. Counsel may apply for
additional fees if and when justified by the facts of the case.
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An application for additional fees and costs must be made by noticed motion subject
to subsections (w) and (x) of this rule. The application must be supported by
evidence of the nature, necessity, and reasonableness of the additional services
rendered and expenses incurred, and in accordance with Court Manual Section 2.9.
When additional fees are sought, the court may, in its discretion, require additional
supporting information or require a hearing, even though no opposition is filed. In
such application, the applicant must disclose to the court any fees paid or costs
reimbursed by the debtor and the source of those payments.
If the parties elect to utilize the RARA, the lists of duties and obligations set forth in
the RARA may not be modified by the parties. Other portions of the RARA may be
modified in the following respects only: (A) the attorneys’ fees provided for in the
RARA may be reduced; and (B) the agreement may be supplemented to include any
additional agreements that may exist between the parties concerning the fees and
expenses that the attorney will charge for performing services required by the RARA
that are not in bold face type.
(3) Debtor’s Signature. The debtor’s signature on the RARA certifies that the debtor
has read, understands, and agrees to the best of the debtor’s ability to carry out the
terms of the RARA and has received a signed copy of the RARA.
(4) Attorney’s Signature. The attorney’s signature on the RARA certifies that before the
case was filed the attorney personally met with, counseled, and explained to the
debtor all matters set forth in the RARA and verified the number and status of any
prior bankruptcy case(s) filed by the debtor or any related entity, as set forth in
LBR 1015-2. The RARA does not constitute the written fee agreement
contemplated by the California Business and Professions Code.
(5) An Attorney May Elect to be Paid other than Pursuant to the RARA and the
Guidelines. At any time, when a RARA has not been entered into, or has been
withdrawn with the written consent of the client(s), or when the attorney is seeking
supplemental fees beyond the services in boldface that are “Included Costs” under
the RARA, the debtor’s attorney may elect to seek an allowance of fees and costs
other than pursuant to the RARA and the Guidelines. In that event, the attorney
must file and serve an application for fees in accordance with 11 U.S.C. §§ 330 and
331, FRBP 2016 and 2002, and LBR 2016-1 and 3015-1, as well as the “Guide to
Applications for Professional Compensation” issued by the United States trustee for
the Central District of California.
(6) Court Review of any Attorney’s Fee. Upon notice and opportunity for hearing, the
court may review any attorney’s fee agreement or payment, in accordance with
11 U.S.C. § 329 and FRBP 2017.
(w) Motions and Applications Filed on Notice of Opportunity to Request a Hearing.
(1) Motions and Applications. The following motions and applications may be made on
notice of opportunity to request a hearing pursuant to LBR 9013-1(o):
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(A) Chapter 13 trustee’s motion to modify a confirmed plan or dismiss a case;
(B) Motion to modify a confirmed plan or to suspend or extend plan payments,
subject to subsections (n) and (x) of this rule, provided that 21 days’ notice of
the motion is given in accordance with FRBP 3015(g);
(C) Motion for approval of sale or refinancing of debtor’s residence, subject to
subsection (p) of this rule, if the entire equity therein is exempt from the claims
of creditors; provided, however, notice is not required if the sale or refinance
will pay off the plan and the plan allows 100% to the unsecured claims; and
(D) Application for supplemental attorney’s fees, subject to subsections (u), (v) and
(x) of this rule.
(2) No Response Filed. If no response has been timely filed and served with respect to a
motion or application listed in subsection (w)(1) of this rule, or the chapter 13
trustee’s only response is to take no position, the provisions of LBR 9013-1(o)(3)
must be complied with, subject to the following modifications:
(A) Motion to Modify a Confirmed Plan or to Suspend or Extend Plan Payments.
The declaration must also attest that the chapter 13 trustee did not timely file
and serve a response to the motion, and the declaration must be served on the
chapter 13 trustee.
(B) Application for Supplemental Fees. The declaration must attest that the
chapter 13 trustee did not timely file and serve a response to the application, or
took no position, and the declaration must be served on the chapter 13 trustee.
(3) Response Filed. If a response is filed with respect to any motion or application listed
in subsection (w)(1) of this rule, the provisions of LBR 9013-1(o)(4) must be
complied with, subject to the following modifications:
(A) Trustee’s Motion to Dismiss a Case; Trustee’s Motion to Modify a Confirmed
Plan. The person or entity who timely files and serves a response to a trustee’s
motion to dismiss a case, or a trustee’s motion to modify a confirmed plan,
must, prior to filing and serving the response, obtain a hearing date from the
court (or use the court’s self-calendaring system) and the hearing date, time and
location must be indicated on the caption page of the response. The hearing
date must be the court’s next available chapter 13 calendar that provides the
chapter 13 trustee with at least 7 days of notice, but the hearing date must not
be more than 30 days after the response is filed. The court may grant the
motion without a hearing if the hearing is not set timely.
(B) Debtor’s Motion to Modify a Confirmed Plan or Suspend or Extend Plan
Payments, or Application for Supplemental Fees. If the chapter 13 trustee
timely files and serves any comments regarding the motion or application, the
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LBR 3017-1
debtor must promptly lodge a proposed order, and, when serving a judge’s
copy of the notice of lodgment, include a copy of the motion/application and
the trustee’s comments.
(x) Service of Motions and Applications. All motions and applications must be served,
subject to the electronic service provisions of LBR 9036-1, on the chapter 13 trustee,
debtor (and debtor’s attorney, if any), and all creditors, with the following exceptions:
(1) A chapter 13 trustee’s motion to dismiss a case need be served only on the debtor,
debtor’s attorney (if any), any prior chapter 7 trustee, and that trustee’s attorney (if
any);
(2) An objection to a claim must be served on the chapter 13 trustee, the claimant, and
the claimant’s attorney (if any). If the claimant is the United States or an officer or
agency of the United States, the objection must be served as provided in FRBP
7004(b)(4) and (5) and LBR 2002-2;
(3) A motion for modification, suspension, or extension of the due date of plan
payments must be filed using court-mandated forms and must be served on the
chapter 13 trustee, but need not be served on creditors if: (A) the proposed
modification does not have an adverse effect on the rights of creditors; or (B) the
proposed suspension or extension, combined with any prior approved suspensions or
extensions, does not exceed 90 days of suspended payments or 90 days of extensions
to the plan’s term. Any other motion for modification, suspension, or extension must
be served on all creditors pursuant to LBR 9013-1(o) in addition to being served on
the chapter 13 trustee;
(4) A motion regarding the stay of 11 U.S.C. § 362, which is subject to the notice and
service requirements of LBR 4001-1; and
(5) An application by debtor’s counsel for additional fees and costs not exceeding
$1,000 over and above the limits set forth in the RARA and Guidelines need be
served only on the chapter 13 trustee and the debtor.
LBR 3017-1. CHAPTER 11 DISCLOSURE STATEMENT – APPROVAL IN CASE
OTHER THAN SMALL BUSINESS CASE
(a) Notice of Hearing on Motion for Approval of Disclosure Statement. A hearing on a
motion for approval of a disclosure statement must not be set on less than 42 days notice,
unless the court, for good cause shown, prescribes a shorter period.
(b) Objections to Disclosure Statement. Objections to the adequacy of a disclosure
statement must be filed and served on the proponent not less than 14 days before the
hearing, unless otherwise ordered by the court.
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LBR 3018-1
LBR 3017-2. CHAPTER 11 DISCLOSURE STATEMENT – APPROVAL IN SMALL
BUSINESS CASE
(a) Conditional Approval of Disclosure Statement. The court may, on application of the
plan proponent or without an application, conditionally grant a motion for approval of a
disclosure statement filed in accordance with 11 U.S.C. § 1125(f) and FRBP 3016.
(b) Procedure for Requesting Conditional Approval of Disclosure Statement. The plan
proponent may file a motion, without complying with LBR 9013-1(d) or LBR 9013-
1(o), for conditional approval of the disclosure statement, asking that the hearing on the
adequacy of the disclosure statement be combined with the hearing on plan
confirmation. The motion must be supported by a declaration establishing grounds for
conditional approval and accompanied by a proposed order consistent with FRBP
2002(b) that conditionally approves the disclosure statement and establishes:
(1) A date by which the holders of claims and interests may accept or reject the plan;
(2) A date for filing objections to the disclosure statement;
(3) A date for the hearing on final approval of the disclosure statement to be held if a
timely objection is filed; and
(4) A date for the hearing on confirmation of the plan.
(c) Objections and Hearing on Final Approval.
(1) The debtor must file and serve a notice of the dates set forth above, together with
a copy of the disclosure statement and plan, on all creditors and the United States
trustee.
(2) Final approval of the disclosure statement is required only when a timely
objection is filed and served on the debtor, the trustee (if any), any committee
appointed under the Bankruptcy Code, counsel for any of the foregoing, and any
other entity as ordered by the court.
LBR 3018-1. BALLOTS – VOTING ON CHAPTER 11 PLAN
(a) Ballot Summary. The plan proponent must:
(1) Tabulate the ballots of those accepting or rejecting the plan;
(2) File a ballot summary not later than 14 days before the hearing on the motion for
order confirming the plan. The ballot summary must be signed by the plan
proponent and must certify to the court the amount and number of allowed claims
of each class voting to accept or reject the plan and the amount of allowed
interests of each class voting to accept or reject the plan; and
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LBR 3020-1
(3) Make available at the hearing all of the original ballots for inspection and review
by the court and any interested party.
(b) Amended Ballot Summary. In addition to the requirements set forth in subsection (a)
of this rule, the court may order an amended ballot summary to be filed with the
original ballots attached.
LBR 3020-1. CHAPTER 11 PLAN CONFIRMATION AND POSTCONFIRMATION
REQUIREMENTS
(a) Payment of Special Charges. The proposed plan confirmation order must be
accompanied by proof of payment of any and all special charges due to the clerk’s
office. The amount of the charges to be paid may be obtained from the courtroom
deputy of the judge hearing the case.
(b) Postconfirmation Requirements. Unless otherwise provided in the plan, every order
confirming a chapter 11 plan must contain the following language:
“If the above-referenced case is converted to one under chapter 7, the property of
the reorganized debtor, or of any liquidation or litigation trust, or of any other
successor to the estate under the plan, that has not been distributed under the plan
shall be vested in the chapter 7 estate, except for property that would have been
excluded from the estate if this case had always been one under chapter 7.
Within 120 days of the entry of this order, _____________ shall file a status
report explaining what progress has been made toward consummation of the
confirmed plan of reorganization. The initial report shall be served on the United
States trustee, the 20 largest unsecured creditors, and those parties who have
requested special notice. Further reports shall be filed every ____ days thereafter
and served on the same entities, unless otherwise ordered by the court. [Optional
depending on practices of particular judge: A postconfirmation status conference
will be held on ________________, 20__ at __.m. in Courtroom ______.]”
The status report must include at least the following information:
(1) A schedule listing for each debt and each class of claims: the total amount
required to be paid under the plan; the amount required to be paid as of the date of
the report; the amount actually paid as of the date of the report; and the
deficiency, if any, in required payments;
(2) A schedule of any and all postconfirmation tax liabilities that have accrued or
come due and a detailed explanation of payments thereon;
(3) Projections as to the reorganized debtor’s, postconfirmation trustee’s, or other
responsible party’s continuing ability to comply with the terms of the plan;
(4) An estimate of the date for plan consummation and application for final decree;
and
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LBR 3022-1
(5) Any other pertinent information needed to explain the progress toward completion
of the confirmed plan.
Reporting entities whose equity securities are registered under Section 12(b) of the
Securities Exchange Act of 1934 may provide information from their latest 10Q or 10K
filing with the S.E.C., if it is responsive to the requirements of this subsection.
(c) Effect of Failure to File Postconfirmation Reports. The failure to file timely the
required reports is cause for dismissal or conversion to a case under chapter 7 pursuant
to 11 U.S.C. § 1112(b).
(d) Effect of Conversion to Chapter 7. Regardless of whether the order confirming the
plan complies with paragraph “(b)” above, and unless otherwise provided in the plan, if
the case is converted to one under chapter 7, the property of the reorganized debtor, or
of any liquidation or litigation trust, or of any other successor to the estate under the
plan, that has not been distributed under the plan shall be vested in the chapter 7 estate,
except for property that would have been excluded from the estate if this case had
always been one under chapter 7.
LBR 3022-1. FINAL DECREE AND CLOSING A CHAPTER 11 CASE
(a) Motion for Final Decree. After an estate is fully administered in a chapter 11
reorganization case, a reorganized debtor or chapter 11 trustee may file a motion for a
final decree using the procedure of LBR 9013-1(d) or (o). Notice of the motion must
be served upon all parties upon whom the plan was served.
(b) Motion for Order Closing Case on Interim Basis. If a chapter 11 estate is
substantially consummated, but not fully administered, the reorganized debtor or
chapter 11 trustee may file a motion for an order closing case on an interim basis using
the procedure of LBR 9013-1(d) or (o).
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[BLANK PAGE]
66 12/17
LBR 4001-1
LBR 4001-1. STAY OF 11 U.S.C. § 362
(a) General. Except as provided by this rule, the requirements of LBR 9013-1 through
LBR 9013-4 apply to a motion for relief from the automatic stay, extension of the stay,
imposition of the stay, or confirmation that the stay is terminated or no longer in effect.
If the motion is filed in a chapter 13 case, the moving party must also comply with LBR
3015-1(r).
(b) Form Motions and Orders.
(1) Motions. An entity seeking relief from the automatic stay, extension of the stay,
imposition of the stay, or confirmation that the stay is terminated or no longer in
effect, must file a motion using the court-mandated F 4001-1 series of form
motions. The failure to use the mandatory forms may result in the denial of the
motion or the imposition of sanctions.
(2) Orders. In addition to the requirement that all orders on § 362 motions comply
with LBR 9021-1:
(A) Mandatory Form Orders. Any order granting relief from the automatic stay,
extension of the stay, imposition of the stay, or confirming that the stay is
terminated or no longer in effect, must be lodged using the court-mandated
F 4001-1 series of form orders. The failure to use the mandatory form orders
may result in the court not signing or entering the order; and
(B) Motions Settled by Stipulation. Any order granting a motion regarding the
stay, as settled by stipulation, must be prepared using the court-mandated
F 4001-1 series of form orders and is exempt from the requirements of LBR
9021-1(b)(2). Compliance with the CM/ECF Procedures contained in the
Court Manual is required regarding signatures of parties and/or counsel to
the stipulated terms.
(c) Motion for Relief from Automatic Stay.
(1) Filing and Service. The motion, notice of hearing, and all supporting documents
must be served by the moving party in the time and manner prescribed in LBR
9013-1(d) on the following parties:
(A) Residential Unlawful Detainer Motions. If the motion seeks relief from the
stay to proceed with an unlawful detainer action involving a residential
property with a month-to-month tenancy, tenancy at will, or a tenancy
terminated by an unlawful detainer judgment, the movant must serve only
the debtor and debtor’s attorney (if any).
(B) Motions Requesting Relief Applicable in Future Cases, Including Under 11
U.S.C. § 362(d)(4). If a motion seeks relief from the stay applicable in
future cases (sometimes called “in rem” or “ex parte”relief), the movant
must serve the person(s) who executed the documents through which the
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LBR 4001-1
movant asserts its interest in the property (sometimes referred to in the
mortgage context as the “original borrower”, and in the leasehold context,
the “original lessee”), in addition to those persons and entities required by
LBR 4001-1(c)(1)(C).
(C) Other Relief from Automatic Stay Motions. In all other cases, the movant
must serve:
(i) The debtor and debtor’s attorney (if any);
(ii) The trustee or interim trustee (if any);
(iii) Any applicable codebtor where relief is sought from the codebtor stay
under 11 U.S.C. §§ 1201 or 1301;
(iv) If relief is sought as to property of the estate, the holder of a lien or
encumbrance against the subject property that is known to the movant,
scheduled by the debtor, or appears in the public record; and
(v) Any other party entitled to notice under FRBP 4001.
(2) Hearing. Unless the court orders otherwise at the time of the hearing, the
preliminary hearing under 11 U.S.C. § 362(e) is consolidated with the final
hearing under 11 U.S.C. § 362(d).
(3) Continuance By Stipulation. A stipulation by the moving party to continue a
hearing under 11 U.S.C. § 362(d) to a later date is deemed a waiver of the
applicable portions of 11 U.S.C. § 362(e) until the conclusion of the hearing on
such later date. Unless otherwise ordered, an order by the court to continue a
hearing under 11 U.S.C. § 362 to a later date is deemed to include an order
continuing the stay in effect until the conclusion of the hearing on such later date.
(4) Separate Motion. A motion for relief from the automatic stay must be filed
separately from, and not combined in the same document with, any other request
for relief, unless otherwise ordered by the court.
(d) Motion for Extension or Imposition of Stay.
(1) A party in interest seeking an extension of the stay under 11 U.S.C.
§ 362(c)(3)(B) or imposition of the stay under 11 U.S.C. § 362(c)(4)(B) must file
a motion and serve the motion, notice of hearing, and supporting documents as
provided in subsection (c)(1) of this rule and upon all other parties in interest
against whom extension or imposition of the stay is sought.
(2) The motion must be filed promptly after the petition date to be timely considered
and, if necessary, accompanied by a separate motion under LBR 9075-1(b) for a
hearing on shortened notice.
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LBR 4001-2
(e) Motion for Order Confirming Termination of Automatic Stay.
(1) A party in interest requesting an order under 11 U.S.C. § 362(j) confirming
termination of the automatic stay must file a motion supported by a declaration
containing competent evidence establishing that the stay has terminated or was
never in effect under 11 U.S.C. § 362(c).
(2) The motion and supporting declaration must be served as provided in subsection
(c)(1) of this rule.
(f) Deposit of Rent under 11 U.S.C. § 362(l).
(1) Any rent deposited with the clerk of the court pursuant to 11 U.S.C.
§ 362(l)(1)(B) must be in the form of a certified or cashier’s check or money
order payable to the lessor or landlord in the amount of any rent that would
become due during the 30-day period after the filing of the bankruptcy petition.
(2) The rent must be deposited with the clerk of the court at the time the bankruptcy
petition is filed. The rent deposit and the bankruptcy petition must be
accompanied by a copy of the judgment for possession and Official Form 101A,
Initial Statement About an Eviction Judgment Against You.
(3) As the certification to be filed and served pursuant to 11 U.S.C. § 362(l)(2),
debtor must use Official Form 101B, Statement About Payment of an Eviction
Judgment Against You. This certification must be filed and served within 30 days
after the filing of the bankruptcy petition in accordance with 11 U.S.C.
§ 362(l)(2).
(4) Pursuant to 11 U.S.C. § 362(l)(5)(D), the clerk will transmit the payment to the
lessor at the address listed Official Form 101A, Initial Statement About an
Eviction Judgment Against You.
(g) Relief from Automatic Stay to Proceed in Another Forum. If the court grants a
motion for relief from the automatic stay to proceed in another forum, the prevailing
party must promptly file a copy of the entered order in that forum.
(h) Application Confirming Loan Modification Will Not Violate the Stay. An
application for order confirming loan modification does not violate the automatic stay
must be served on the debtor, debtor’s attorney, and applicable lender, and may be
ruled on without a hearing pursuant to LBR 9013-1(p).
LBR 4001-2. CASH COLLATERAL AND DEBTOR IN POSSESSION FINANCING
(a) Use of Mandatory Form for Cash Collateral and/or Debtor in Possession
Financing Motions or Stipulations. Each motion to obtain credit or to approve the
use of cash collateral, debtor in possession financing, and/or cash management under
11 U.S.C. §§ 363 or 364, or related stipulation (collectively, “Financing Motion”) must
be accompanied by mandatory court-approved form F 4001-2.STMT.FINANCE.
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LBR 4003-2
(b) Final Hearing. Ordinarily, the final hearing on a Financing Motion will be held at
least 14 days after the appointment of the creditors’ committee contemplated by
11 U.S.C. § 1102.
LBR 4002-1. DUTIES OF DEBTOR AT MEETING OF CREDITORS
(a) General. In addition to the requirements of 11 U.S.C. § 521(h) and FRBP 4002(b),
debtors must comply with the following duties at the meeting of creditors held pursuant
to 11 U.S.C. § 341(a) and FRBP 2003.
(b) Chapter 11 Debtors. A chapter 11 debtor must comply with LBR 2015-2.
(c) Chapter 13 Debtors. Individuals who file a chapter 13 case must comply with the
requirements set forth in LBR 3015-1(c), (e)(3)(C), (k)(1), and (m)(6)(C).
(d) Joint Debtors. Individuals who file a case jointly pursuant to 11 U.S.C. § 302 must,
upon request, present evidence to support their joint filing status, such as a copy of the
marriage license.
LBR 4003-2. LIEN AVOIDANCE
(a) General. The requirements of LBR 9013-1 through LBR 9013-4 apply to a motion to
avoid a lien or other transfer of property pursuant to 11 U.S.C. § 522(f), except as
provided by this rule.
(1) A motion to avoid a lien or other transfer of property under 11 U.S.C. § 522(f)
may be brought under either LBR 9013-1(d) or (o).
(2) A motion to sell property free and clear of liens under 11 U.S.C. § 363(h) does
not constitute a “proceeding to avoid a lien” within the meaning of this rule.
(b) Contents of Notice and Motion.
(1) A creditor whose lien is to be avoided must be identified in the notice and motion.
A separate notice and motion must be filed for each lien sought to be avoided.
(2) If the motion seeks to avoid a lien on real property, the motion and proposed order
must include the legal description of the real property.
(c) Service.
(1) The motion, notice, and supporting documents must be served on the holder of the
lien to be avoided in the same manner as a summons and complaint under
FRBP 7004.
(2) The motion, notice, and supporting documents also must be served on any other
holder of a lien or encumbrance against the subject property.
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LBR 4008-1
(d) Evidence. The motion must be accompanied by a declaration or other competent
evidence establishing:
(1) The balance remaining on the creditor’s loan;
(2) The fair market value of the subject property;
(3) The identity of any other holder of a lien encumbering the subject property and
the amount due and owing on such lien;
(4) The specific statutory authority for the claimed exemption; and
(5) The value or amount claimed exempt.
LBR 4008-1. REAFFIRMATION AGREEMENTS
(a) Form. A reaffirmation agreement must conform to Official Form 2400A/B ALT,
Reaffirmation Agreement. If the reaffirmation agreement concerns a secured debt, a
complete and legible copy of the security agreement, including the front and back of
each page, must be attached.
(b) Reaffirmation without Representation or Certification by Debtor’s Attorney. In a
case where the debtor is not represented by an attorney, or where the attorney is
unwilling or unable to sign Part C: Certification by Debtor’s Attorney, the debtor must
move for approval of the reaffirmation agreement by the court by completing Part E:
Motion for Court Approval of Official Form 2400A/B ALT.
(c) Deadline for Filing. A reaffirmation agreement and a motion for approval of the
reaffirmation agreement under 11 U.S.C. § 524 must be filed by the debtor or creditor
within 60 days following the conclusion of the first meeting of creditors under
11 U.S.C. § 341(a), unless otherwise ordered by the court.
(d) Hearing and Approval by Court.
(1) Notice of Hearing. The clerk will set a hearing on the motion for approval of the
reaffirmation agreement and give notice to the debtor and creditor of the date,
time, and place of such hearing if:
(A) The debtor was not represented by an attorney or the attorney representing
the debtor was unwilling or unable to sign Part C: Certification by Debtor’s
Attorney; or
(B) Where a presumption of undue hardship arising under 11 U.S.C.
§ 524(m)(1) is not rebutted by the debtor to the satisfaction of the court.
(2) Debtor Must Appear. The court will not grant a motion to approve a
reaffirmation agreement unless the debtor appears in person at the hearing to
respond to questions by the court.
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LBR 4008-1
(3) Order. If a hearing is required, the court will prepare and deliver an order either
granting or denying the motion for approval of the reaffirmation agreement.
(4) When Hearing Not Required. Under all other circumstances, unless otherwise
ordered by the court, court approval is not required in a case where the debtor was
represented by an attorney during the negotiation of the reaffirmation agreement.
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LBR 5003-2
LBR 5003-2. RECORDS AND FILES
(a) Removal of Records and Files.
(1) Order Required. No records or objects belonging to the files of the court may be
taken from the office or custody of the clerk except upon written order of the
court.
(2) Form of Receipt. Any person removing records pursuant to this rule must give
the clerk a receipt containing the following information:
(A) The name, address, and telephone number of the person removing the
records or objects;
(B) An itemized description of the records or objects removed;
(C) The date of removal;
(D) The place in which records or objects will be used or kept; and
(E) The estimated date of return to the clerk of the records or objects.
(3) Exception for Court Staff. The provisions of this rule do not apply to a judge,
members of a judge’s staff, magistrate judge, court recorder, clerk, clerk’s staff,
or courtroom deputy requiring records or objects in the exercise of their official
duties. Any court officer removing records or objects must provide the clerk with
a receipt in the form required by subsection (a)(2) of this rule.
(b) Removal of Contraband.
Contraband of any kind coming into the possession of the clerk must be turned over to
an appropriate governmental agency which will destroy or otherwise dispose of the
contraband as provided by law. The agency must give the clerk a receipt for the
contraband in the form required by subsection (a)(2) of this rule.
(c) Confidential Court Records.
(1) Filing under Seal. Subject to 11 U.S.C. § 107, a document may not be filed under
seal without a prior written order of the court. If a filing under seal is requested, a
written motion requesting such relief and a proposed order must be presented to
the judge in the manner set forth in the Court Manual.
(2) Disclosure of Sealed Documents. No sealed or confidential record of the court
maintained by the clerk will be disclosed except upon written order of the court.
A party seeking disclosure of sealed or confidential court records must file and
serve a motion pursuant to LBR 9013-1(d) or (o). The motion must state with
particularity the need for specific information in such records.
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LBR 5005-2
LBR 5005-1. FILING DOCUMENTS – REQUIREMENTS
A document delivered for filing to the clerk will be accepted if accompanied by any required
fee and signature, except as provided in LBR 1002-1(d)(1) and LBR 1006-1.
LBR 5005-2. FILING DOCUMENTS – NUMBER OF COPIES
(a) Number of Copies. For documents that are not electronically filed under the
provisions of LBR 5005-4, a list of requirements that specify the minimum number of
copies that must be submitted is contained in the Court Manual.
(b) Conformed Copies. A copy filed with the court must conform to the original,
including either a photocopy of a fully executed signature page, or an unsigned
signature page that bears a conformed signature or a notation that the original was
signed. A conformed copy must be identical to the original in content, pagination,
additions, deletions, interlineations, attachments, exhibits, and tabs.
(c) Request for Court Conformed Copy. A maximum of 3 copies will be conformed by
the clerk’s office to show filing or lodging. Copies to be conformed by the clerk’s
office may consist of either the entire document or only the first page of the filed
document. The clerk’s office is not responsible for verifying that any copy presented
for conforming is a true and correct copy of the filed document. If the party presenting
a document requests the clerk to return a conformed copy by United States mail, an
extra copy must be submitted by the party for that purpose, accompanied by a postagepaid,
self-addressed envelope.
(d) Judge’s Copy. A printed copy of any document filed with the court, either
electronically or non-electronically, must be marked “Judge’s Copy” and served on the
judge in chambers in the manner and not later than the deadline set forth in the Court
Manual.
(1) The judge’s copy must meet the requirements of LBR 9004-1(a). Exhibits to the
judge’s copy must be tabbed.
(2) If the document is filed electronically, a judge’s copy must be accompanied by a
copy of the NEF confirming the filing of the original document.
(3) The Proof of Service of Document must indicate the method of service of a
judge’s copy.
(4) Exceptions to serving a judge’s copy may be found in the Court Manual,
Appendix F.
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LBR 5010-1
LBR 5005-4. ELECTRONIC FILING
(a) Mandatory Electronic Filing. Except as provided in LBR 5003-2(c) and subsection
(c) of this rule, all documents submitted in any case or proceeding must be filed
electronically, signed or verified by electronic means in compliance with the court’s
CM/ECF Procedures contained in the Court Manual.
(b) CM/ECF Procedures Control. In the event of a conflict between these rules and the
CM/ECF Procedures, the current version of the CM/ECF Procedures will control.
(c) Exceptions to Mandatory Electronic Filing Requirement.
(1) Pro Se Exception. A person who is not represented by an attorney may file and
serve documents non-electronically.
(2) Limited Exception for Attorneys
(A) An attorney who files documents in fewer than 5 bankruptcy cases or
adversary proceedings in a single calendar year may file and serve
documents non-electronically.
(B) An attorney who files non-electronically documents capable of being filed
electronically in 5 or more bankruptcy cases or adversary proceedings in a
single calendar year must thereafter file documents electronically through
the court’s CM/ECF system.
(C) The court reserves the right in its sole discretion to revoke this limited
exception at any time upon notice to the attorney.
LBR 5010-1. REOPENING CASES
(a) Motion. A motion to reopen a closed bankruptcy case must be supported by a
declaration establishing a reason or “cause” to reopen. The motion must not contain a
request for any other relief.
(b) Separate Motion or Adversary Proceeding.
(1) A request for any relief other than the reopening of a case, including relief based
upon the grounds for reopening the case, must be made in a separate motion or
adversary proceeding, which may be filed concurrently with the motion to reopen.
(2) This subsection does not apply to a motion to reopen a case solely for the purpose
of seeking an extension of time to file Official Form 423, Certification About a
Financial Management Course.
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LBR 5073-1
(c) Notice. The movant must give notice of the motion to any former trustee in the case
and the United States trustee.
(d) Fee. If a fee is required, the movant must pay the fee upon the filing of the motion to
reopen, unless otherwise ordered by the court.
(e) Motion May Be Considered without a Hearing. A motion to reopen may be ruled on
without a hearing pursuant to LBR 9013-1(q). The movant must not calendar a hearing
date nor will a hearing be held on the motion, unless otherwise ordered by the court.
(f) Assignment. The motion will be assigned to the judge to whom the case was last
assigned, if still in office; otherwise, the motion will be assigned at random by the clerk
to a judge to hear and rule upon the request.
(g) Closing of Case. If no motion or adversary proceeding is pending 30 days after the
case is reopened and if no trustee has been ordered appointed, the case may be closed
without further notice.
LBR 5011-1. WITHDRAWAL OF REFERENCE
(a) General. Pursuant to 28 U.S.C. § 157(a), the district court refers to the bankruptcy
court for this district all cases under title 11 and all proceedings under title 11 or arising
in or related to a case under title 11.
(b) Procedure. A motion to withdraw the reference of a case or proceeding under
28 U.S.C. § 157(d) must be filed with the clerk of the district court. The motion must
comply with Rule 9 of Chapter IV, Local Civil Rules.
LBR 5073-1. PHOTOGRAPHY, RECORDING DEVICES, AND BROADCASTING
(a) Prohibition of Broadcasting, Television, and Photography. Unless otherwise
ordered by the court, between 7:00 a.m. and 7:00 p.m., Monday through Friday, and at
all other times when the court is in session, the use of any form, means, or manner of
radio or television broadcasting and the taking or making of photographs, motion
pictures, video, or sound recordings is prohibited in:
(1) Any and all courtrooms occupied by any judge;
(2) Any and all chambers assigned to any judge;
(3) Any and all areas used by the clerk and court staff;
(4) Any garage or parking facility reserved for the judges or their staff; and
(5) All hallways and public areas adjacent to the above-specified locations.
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LBR 5075-1
(b) Exceptions. This rule does not prohibit:
(1) Recordings made by official court recorders in the performance of their official
duties. No other use may be made of an official recording of a court proceeding
without an express, written order of the court;
(2) The taking of photographs, when specifically authorized in writing, at ceremonial
or non-judicial functions in the chambers of a judge of this court;
(3) The videotaping or other electronic recording of depositions for trial purposes, nor
the preparation and perpetuation of testimony taken by, or under the direction of,
a judge of this court or a visiting judge. No part of such videotape or other
electronic recording may be used without an express, written order of the court; or
(4) The possession of video or sound recording, photographic, radio, or television
broadcasting equipment. Any equipment taken into or through the areas
enumerated in this rule is subject to such security regulations as may be adopted
from time to time by the court.
(c) Enforcement of Rule. The United States Marshal, the General Services
Administration police, and the security force contracted for service by the court enforce
the provisions of this rule. A violation of this rule constitutes contempt of court.
LBR 5075-1. MOTIONS FOR ADMINISTRATIVE ORDERS PURSUANT TO
28 U.S.C. § 156(c)
(a) General. This rule applies to motions by which a party in interest seeks an order from
the bankruptcy court approving employment of persons or entities to perform certain
duties of the clerk’s office, the debtor, or the debtor in possession such as
(1) processing proofs of claim and maintaining the claims register; (2) serving notices;
(3) scanning documents; or (4) providing photocopies of documents filed in the case
(collectively, “administrative order”).
(b) Procedure. A motion for administrative order must include a completed declaration on
court-mandated form F 5075-1.1.DEC.ADMIN.PROCEDURES, Declaration to be
Filed with Motion Establishing Administrative Procedures Re 28 U.S.C. § 156(c), with
the completed Mega Case Procedures Checklist attached thereto. A copy of the motion,
including the declaration and checklist, must also be provided to the clerk’s office at the
time the motion is filed. Movant’s counsel must consult with the clerk’s office in
completing the checklist to the satisfaction of the clerk’s office. Unless the judge to
whom the case is assigned orders otherwise, any such motion that is not accompanied
by the completed checklist may be denied by the court and any hearing thereon
previously scheduled may be vacated.
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LBR 5095-1
LBR 5095-1. INVESTMENT OF ESTATE FUNDS
(a) Notice.
(1) Service. The trustee or debtor in possession must give not less than 14 days
written notice of a proposed investment of bankruptcy estate funds in a
Designated Fund to the United States trustee, the debtor (if a trustee has been
appointed), the creditors’ committee or the 20 largest unsecured creditors if no
committee has been appointed, any other committee appointed in the case,
counsel for any of the foregoing, and any other party in interest entitled to notice
under FRBP 2002, unless the court for cause shown sets a hearing on shortened
notice or otherwise modifies or limits notice pursuant to a motion under
LBR 9075-1.
(2) Time Period for Response. The notice must state that any objection or request for
hearing must be filed and served not more than 14 days after service of the notice,
unless the notice specifies a longer period, or unless otherwise ordered by the
court.
(3) When Order Not Needed. If an objection and request for hearing is not filed and
served timely, the trustee or debtor in possession may proceed with the
investment. An order is not required nor will an order be entered under this rule.
(b) Objection and Request for Hearing. If a timely objection and request for hearing is
filed and served, the trustee or debtor in possession must comply with LBR
9013-1(o)(4).
(c) Designated Fund. For purposes of this rule, a “Designated Fund” is an open-end
management investment company registered under the Investment Company Act of
1940 and regulated as a “money market fund” pursuant to Rule 2a-7 under the
Investment Company Act of 1940, that:
(1) Invests exclusively in United States Treasury bills and United States Treasury
Notes owned directly or through repurchase agreements;
(2) Has received the highest money market fund rating from a nationally recognized
statistical rating organization, such as Standard & Poor’s or Moody’s;
(3) Has agreed to redeem fund shares in cash, with payment being made no later than
the business day following a redemption request by a shareholder, except in the
event of an unscheduled closing of Federal Reserve Banks or the New York Stock
Exchange; and
(4) Has adopted a policy that it will notify its shareholders 60 days prior to any
change in its investment and redemption policies under subsections (c)(1) and (3)
of this rule.
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LBR 6004-1
LBR 6004-1. SALE, USE, OR LEASE OF ESTATE PROPERTY
(a) General. The requirements of LBR 9013-1 through LBR 9013-4 apply to a motion for
an order establishing procedures for the sale of estate assets and a motion seeking
authorization to sell, use or lease estate property, except as provided by this rule.
(b) Motion for Order Establishing Procedures for the Sale of Estate Property.
(1) Timing of Hearing. A hearing on a Motion to Establish Procedures for the Sale of
the Estate’s Assets (“Sale Procedure Motion”) may be scheduled on not less than
7 days notice to applicable parties, unless an order setting hearing on shortened
notice is obtained under LBR 9075-1(b).
(2) Contents of Notice. The notice must describe the proposed bidding procedures
and include a copy of the proposed purchase agreement. If the purchase
agreement is not available, the moving party must describe the terms of the sale
proposed, when a copy of the actual agreement will be filed with the court, and
from whom it may be obtained. The notice must describe the marketing efforts
undertaken and the anticipated marketing plan, or explain why no marketing is
required. The notice must provide that opposition is due on or before 1 day prior
to the hearing, unless otherwise ordered by the court.
(3) Service of the Notice and Motion. The moving party must serve the motion and
notice of the motion and hearing by personal delivery, messenger, telephone, fax,
or email to the parties to whom notice of the motion is required to be given by the
FRBP or by these rules, any other party that is likely to be adversely affected by
the granting of the motion, and the United States trustee. The notice of hearing
must state that any response in opposition to the motion must be filed and served
at least 1 day prior to the hearing, unless otherwise ordered by the court.
(4) Opposition. Any opposition and accompanying memorandum of points and
authorities and declarations must be filed and served at least 1 day prior to the
hearing, unless otherwise ordered by the court. Documents filed in opposition to
the motion must be served by personal delivery, messenger, fax, or email. A
judge’s copy of the opposition must be served on the judge in chambers in
accordance with LBR 5005-2(d).
(5) Scheduling Hearing on the Sale. A date and time for a hearing on the motion to
approve the sale itself may be obtained at or prior to the hearing on the Sale
Procedure Motion. The hearing must be scheduled, if practicable, no more than
30 days following the hearing on the Sale Procedure Motion.
(6) Break-up Fees. If a break-up fee or other form of overbid protection is requested
in the Sale Procedure Motion, the request must be supported by evidence
establishing:
(A) That such a fee is likely to enhance the ultimate sale price; and
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LBR 6004-1
(B) The reasonableness of the fee.
(c) Motion for Order Authorizing the Sale of Estate Property.
(1) General. Unless otherwise ordered by the court and subject to FRBP 6003(b), an
order authorizing the sale of estate property other than in the ordinary course of
business may be obtained upon motion of the trustee or debtor in possession in a
chapter 7, 11, or 12 case after notice and a hearing pursuant to LBR 9013-1(d) or
after notice of opportunity for hearing under LBR 9013-1(o), except the following
which must be set for hearing pursuant to LBR 9013-1(d):
(A) A sale of all or substantially all of the debtor’s assets in a case under chapter
11 or 12; or
(B) A sale of property that is either subject to overbid or concerning which the
trustee or debtor in possession has been contacted by potential overbidders.
(2) Motion.
(A) A motion for an order authorizing the sale of estate property, other than in
the ordinary course of business, must be supported by a declaration of the
movant establishing the value of the property and that the terms and
conditions of the proposed sale, including the price and all contingencies,
are in the best interest of the estate.
(B) If the proposed sale is not subject to overbid, the declaration must include a
certification that the movant has not been contacted by any potential
overbidder and that, in the movant’s business judgment, there are no viable
alternative purchasers.
(C) A memorandum of points and authorities is not required but may be filed in
support of the motion.
(3) Notice of Hearing. If the motion is set for hearing pursuant to LBR 9013-1(d),
the notice must state:
(A) The date, time, and place of the hearing on the proposed sale;
(B) The name and address of the proposed buyer;
(C) A description of the property to be sold;
(D) The terms and conditions of the proposed sale, including the price and all
contingencies;
(E) Whether the proposed sale is free and clear of liens, claims or interests, or
subject to them, and a description of all such liens, claims, or interests;
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LBR 6004-1
(F) Whether the proposed sale is subject to higher and better bids;
(G) The consideration to be received by the estate, including estimated
commissions, fees, and other costs of sale;
(H) If authorization is sought to pay a commission, the identity of the
auctioneer, broker, or sales agent and the amount or percentage of the
proposed commission to be paid;
(I) A description of the estimated or possible tax consequences to the estate, if
known, and how any tax liability generated by the sale of the property will
be paid; and
(J) The date by which an objection must be filed and served.
(4) Notice of Opportunity for Hearing. If authorization is sought pursuant to LBR
9013-1(o), the provisions of LBR 9013-1(o) must be complied with, and the
notice also must include the information required by subsection (c)(3)(B) through
(I) of this rule and state:
(A) That a written objection to the proposed sale, together with a request for
hearing, must be filed and served pursuant to LBR 9013-1(o) not later than
14 days from the date of service of the notice, unless the notice period is
shortened by order of the court; and
(B) That in the absence of an objection, an order may be entered authorizing the
sale of the property without further notice or hearing.
(d) Notice of Intent to Sell, Use, or Lease Estate Property (Optional Procedure).
(1) Scope of Rule. A trustee or debtor in possession may sell, use or lease property of
the estate in a chapter 7, 11, or 12 case, other than in the ordinary course of
business, under 11 U.S.C. § 363(b)(1) upon notice, except the following which
must be brought by motion and set for hearing pursuant to LBR 9013-1(d):
(A) A sale of all or substantially all of the debtor’s assets in a case under chapter
11 or 12; or
(B) A sale of property that is either subject to overbid or concerning which the
trustee or debtor in possession has been contacted by potential overbidders.
(2) Notice.
(A) The trustee or debtor in possession must give not less than 14 days written
notice by mail to creditors and interested parties who are entitled to notice,
unless the court for cause shown sets a hearing on shortened notice or
otherwise modifies or limits notice pursuant to a motion under LBR 9075-1.
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LBR 6004-1
(B) The notice must comply with subsection (c)(3)(B) through (I) of this rule
and include a certification that the trustee or debtor in possession has not
been contacted by any potential overbidder and that, in the trustee’s or
debtor in possession’s business judgment, there are no viable alternative
purchasers.
(C) The notice must state that any objection and request for hearing must be
filed and served not more than 14 days after service of the notice, unless the
notice specifies a longer period or unless otherwise ordered by the court, and
that in the absence of an objection the property may be sold without further
notice.
(D) If an objection and request for hearing is not filed and served timely, the
trustee or debtor in possession may take the proposed action on the date
specified in the notice of intent. An order is not required nor will an order
be entered under this subsection.
(3) Objection and Request for Hearing. If a timely objection and request for hearing
is filed and served, the trustee or debtor in possession must comply with LBR
9013-1(o)(4).
(e) Sale of Publicly Traded Assets. If the property consists of assets sold in public
markets whose prices are published on national or regional exchanges (e.g., securities,
bonds, commodities, or precious metals), the trustee or debtor in possession may sell
such assets in a market transaction after providing not less than 14 days written notice
by mail to such creditors and interested parties who are entitled to notice, unless the
court for cause sets a hearing on shortened notice or otherwise modifies or limits notice
pursuant to a motion under LBR 9075-1.
(1) The notice must identify the asset, the market through which the asset is to be
sold, and the published price on the date of the notice.
(2) If a commission is to be paid to a sales agent, the notice must disclose the name
and address of the sales agent and the amount of the commission to be paid on
account of the sale.
(3) The notice must also state that any objection and request for hearing must be filed
and served not more than 14 days after service of the notice, unless the notice
specifies a longer period or unless otherwise ordered by the court, and that in the
absence of an objection the property may be sold without further notice.
(4) If an objection and request for hearing is not filed and served timely, the trustee or
debtor in possession may proceed with the sale in accordance with the notice. An
order is not required nor will an order be entered under this subsection.
(5) If a timely objection and request for hearing is filed and served, the trustee or
debtor in possession must comply with LBR 9013-1(o)(4).
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LBR 6007-1
(6) The trustee or debtor in possession need not file an employment application on
behalf of a sales agent registered with the Security Investors Protection
Corporation, but the sales agent must execute a declaration of disinterestedness
which must be filed by the trustee or debtor in possession with the notice.
(f) Publication of Notice of Sale of Estate Property. Whenever the trustee or debtor in
possession is required to give notice of a sale or of a motion to sell property of the
estate pursuant to FRBP 6004 and 2002(c), an additional copy of the notice and courtapproved
form F 6004-2.NOTICE.SALE, Notice of Sale of Estate Property must be
submitted to the clerk at the time of filing for purposes of publication by the clerk on
the court’s website.
(g) Report of Sale. Unless otherwise ordered by the court, the report of sale required by
FRBP 6004(f)(1) must be filed and served not later than 21 days after the date of the
sale of any property not in the ordinary course of business.
(h) Disbursement of Sale Proceeds. Unless otherwise ordered by the court, all proceeds
of a sale must be paid directly to any appointed trustee or the debtor in possession.
A disbursement of proceeds must not be made without a specific order of the court
authorizing the disbursement, except for payment to secured creditors, payment to a
debtor of exempt proceeds, and payment for expenses of sale. Proceeds may be
disbursed to pay auctioneer’s fees and brokers’ commissions without additional order
of the court if payment is consistent with the terms of the order approving the sale or
authorizing the employment of the auctioneer or broker.
(i) Chapter 13 Cases. A motion to sell or refinance property in a chapter 13 case must be
filed pursuant to LBR 3015-1(p).
LBR 6007-1. ABANDONMENT
(a) Notice of Intent to Abandon. A trustee or debtor in possession who desires to
abandon property of the estate may seek to do so by a notice of intent to abandon,
without the necessity for filing a motion to abandon.
(b) Motion to Compel Abandonment. An order compelling the case trustee or debtor in
possession to abandon property of the estate may be obtained upon motion of a party in
interest after notice of opportunity to request a hearing pursuant to LBR 9013-1(o).
(c) Notice.
(1) Content. Notice of either an intent to abandon or motion to compel abandonment
must (a) describe the property to be abandoned, including the address of the
property, if applicable; (b) state the basis upon which the party seeking
abandonment concludes that the property is burdensome to the estate or that it is
of inconsequential value or benefit to the estate; and (c) state that any objection
and request for hearing must be filed and served not more than 14 days after
service of the notice, unless the notice specifies a longer period or unless
otherwise ordered by the court.
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LBR 6007-1
(2) Parties to Be Served. The notice must be served on those listed in FRBP 6007(a).
(d) Absence of Objection and Request for Hearing.
(1) If no timely objection and request for hearing is filed and served, the property is
deemed abandoned without further order of the court.
(2) If an entity desires an order of the court authorizing or directing, and confirming,
the case trustee’s or debtor in possession’s abandonment of the property, that
entity may lodge a proposed form of order with the court in accordance with the
procedure set forth in LBR 9013-1(o)(3).
(e) Objection and Request for Hearing. If a timely objection and request for hearing is
filed and served, the party requesting the abandonment must, within 21 days from the
date of service of such objection, obtain a hearing date and furnish not less than 14 days
notice of the hearing to each objecting party and to the United States trustee.
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LBR 7004-1
LBR 7003-1. ADVERSARY PROCEEDING COVER SHEET
A complaint, filed non-electronically, must be accompanied by an Official Form 1040,
Adversary Proceeding Cover Sheet, completed and signed by the attorney or party filing the
complaint. The form must contain the name, address, and telephone number of each party to
the adversary proceeding, together with the name, address, and telephone number of each
party’s attorney, if known.
LBR 7004-1. ISSUANCE AND SERVICE OF SUMMONS AND NOTICE OF STATUS
CONFERENCE
(a) Issuance.
(1) Adversary Proceeding.
(A) Original Summons. After a complaint is filed pursuant to FRBP 7003, the
clerk will issue and file a Summons and Notice of Status Conference,
whether the complaint is filed electronically or non-electronically.
(B) Another Summons. Any request that the clerk issue and file another
Summons and Notice of Status Conference must be made by filing and
serving a request pursuant to LBR 9013-1(p) and using the court approved
form.
(i) Original Summons Not Timely Served. A plaintiff may request
another summons (“alias summons”) pursuant to FRBP 7004(e) if a
plaintiff is unable to timely serve a summons, and still wishes to serve
a complaint on one or more parties.
(ii) Additional Party Added or Joined. A party may request another
summons if an additional party is to be added or joined by way of any
procedure authorizing such addition or joinder, including a third party
complaint.
(2) Involuntary Petition. The attorney or party must prepare a Summons and Notice
of Status Conference for issuance by the clerk, using court-mandated form
F 1010-1.SUMMONS.INVOL for involuntary petitions. The summons must be
presented concurrently with the filing of an involuntary petition pursuant to
11 U.S.C. § 303.
(b) Manner of Service. A summons must be served in the manner authorized in
FRBP 7004. If a summons or any document is served by mail, the mailing address
must include the zip code. The notice required by FRBP 7026 and LBR 7026-1 must
be served with the summons and complaint.
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LBR 7016-1
LBR 7004-2. LIMITATIONS ON SERVICE BY MARSHAL
(a) General. Except as otherwise provided by order of the court or when required by the
treaties or statutes of the United States, civil process on behalf of a non-governmental
party must not be presented to the United States Marshal for service.
(b) Exception. Upon request by the government, civil process on behalf of the United
States government or an officer or agency thereof may be made by the United States
Marshal.
LBR 7008-1. CORE/NON-CORE DESIGNATION
In all adversary proceedings, the statements required by FRBP 7008 and 7012(b) must be
plainly stated in the first numbered paragraph of the document.
LBR 7015-1. AMENDED AND SUPPLEMENTAL PLEADINGS
(a) Proposed Amendment. A copy of the proposed amended pleading must be attached
as an exhibit to any notice of motion or stipulation to amend a pleading.
(b) Form. Every amended pleading filed as a matter of right or allowed by order of the
court must be complete, including exhibits. The amended pleading must not
incorporate by reference any part of the prior superseded pleading.
LBR 7016-1. STATUS CONFERENCE, PRETRIAL, AND TRIAL PROCEDURE
(a) Status Conference. In any adversary proceeding, the clerk will include in a summons,
notice of the date and time of the status conference.
(1) Who Must Appear. Each party appearing at any status conference must be
represented by either the attorney (or party, if not represented by counsel) who is
responsible for trying the case or the attorney who is responsible for preparing the
case for trial.
(2) Contents of Joint Status Report. Unless otherwise ordered by the court, at least
14 days before the date set for each status conference the parties are required to
file a joint status report using mandatory court form F 7016-1.STATUS.REPORT
(and F 7016-1.STATUS.REPORT.ATTACH, if applicable).
(3) Unilateral Status Report. If any party fails to cooperate in the preparation of a
joint status report and a response has been filed to the complaint, each party must
file a unilateral status report not less than 7 days before the date set for each status
conference, unless otherwise ordered by the court. The unilateral status report
must contain a declaration setting forth the attempts made by the party to contact
or obtain the cooperation of the non-complying party. The format of the
unilateral status report must substantially comply with mandatory court form
F 7016-1.STATUS.REPORT.
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LBR 7016-1
(4) Scheduling Order. Unless otherwise ordered by the court, within 7 days after the
status conference the plaintiff must lodge, in accordance with LBR 9021-1(b), a
proposed scheduling order setting forth the following:
(A) Deadline to join other parties and to amend the pleadings;
(B) Deadline for all discovery to be completed, including the date by which all
responses to discovery requests are due;
(C) Deadline to file any pretrial motions and/or a pretrial stipulation;
(D) Any dates set for further status conferences, a final pretrial conference, and
the trial;
(E) Any other appropriate matter; and
(F) Proof of service on all opposing counsel (or parties, if not represented by
counsel), of a notice of lodgment.
(5) Stipulation for Extension of Deadlines in Scheduling Order. A stipulation for
extension of the deadlines set forth in a previously entered scheduling order must
contain facts establishing cause for the requested extension and be filed in
accordance with LBR 9021-1(b)(2) and LBR 9071-1.
(b) Pretrial Stipulation and Order.
(1) When Required.
(A) In any adversary proceeding, unless otherwise ordered by the court (or if
ordered in a contested matter), attorneys for the parties (or parties, if not
represented by counsel) must prepare a written pretrial stipulation approved
by counsel for all parties.
(B) Unless otherwise ordered by the court, the pretrial stipulation must be filed
or lodged (depending upon the procedures of the presiding judge) and
served not less than 14 days before the date set for the pretrial conference (if
one is ordered) or trial.
(C) Unless otherwise ordered by the court, all parties and/or attorneys for the
parties must meet and confer at least 28 days before the date set for pretrial
conference (if one is ordered) or trial, for the purpose of preparing the
pretrial stipulation.
(2) Contents of Pretrial Stipulation. Unless the court orders otherwise, a pretrial
stipulation must include the following statements in the following sequence:
(A) “The following facts are admitted and require no proof:” (Set forth a concise
statement of each.)
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LBR 7016-1
(B) “The following issues of fact, and no others, remain to be litigated:” (Set
forth a concise statement of each.)
(C) “The following issues of law, and no others, remain to be litigated:” (Set
forth a concise statement of each.)
(D) “Attached is a list of exhibits intended to be offered at the trial by each
party, other than exhibits to be used for impeachment only. The parties have
exchanged copies of all exhibits.” (Attach a list of exhibits in the sequence
to be offered, with a description of each, sufficient for identification, and as
to each state whether or not there is objection to its admissibility in evidence
and the nature thereof.) If deposition testimony is to be offered as part of
the evidence, the offering party must comply with LBR 7030-1.
(E) “The parties have exchanged a list of witnesses to be called at trial.” The
parties must exchange a list of names and addresses of witnesses, including
expert witnesses, to be called at trial other than those contemplated to be
used for impeachment or rebuttal. The lists of witnesses must be attached to
the pretrial stipulation together with a concise summary of the subject of
their proposed testimony. If an expert witness is to be called at trial, the
parties must exchange short narrative statements of the qualifications of the
expert and the testimony expected to be elicited at trial. If the expert to be
called at trial has prepared a report, the report must be exchanged as well.
(F) “Other matters that might affect the trial such as anticipated motions in
limine, motions to withdraw reference due to timely jury trial demand
pursuant to LBR 9015-2, or other pretrial motions.”
(G) “All discovery is complete.”
(H) “The parties are ready for trial.”
(I) “The estimated length of trial is _______________________.”
(J) “The foregoing admissions have been made by the parties, and the parties
have specified the foregoing issues of fact and law remaining to be litigated.
Therefore, this order supersedes the pleadings and governs the course of
trial of this cause, unless modified to prevent manifest injustice.”
(3) Order on Pretrial Stipulation. To determine if a proposed pretrial stipulation must
be filed, or if it must be lodged, consult the presiding judge’s webpage on the
court’s website, www.cacb.uscourts.gov.
(A) Filing the Pretrial Stipulation. If the presiding judge’s instructions are to file
the pretrial stipulation, after the court rules on whether to approve or deny
the pretrial stipulation, lodge an order approving or denying the pretrial
stipulation according to the LOU Procedures found in the Court Manual.
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LBR 7016-1
(B) Lodging the Pretrial Stipulation. If the presiding judge’s instructions are to
lodge the pretrial stipulation, lodge the pretrial stipulation according to the
LOU Procedures found in the Court Manual.
(c) Plaintiff’s Duty.
(1) It is plaintiff’s duty to prepare and sign a proposed pretrial stipulation that is
complete in all respects except for other parties’ lists of exhibits and witnesses.
(2) Unless otherwise ordered by the court, plaintiff must serve the proposed pretrial
stipulation in such manner so that it will actually be received by the office of
counsel for all other parties (or parties, if not represented by counsel) not later
than 4:00 p.m. on the 7th day prior to the last day for filing or lodging (depending
upon the presiding judge’s procedures) the proposed pretrial stipulation.
(d) Duty of Parties Other Than Plaintiff. Each other party must, within 3 days following
receipt of plaintiff’s proposed pretrial stipulation, take the following action:
(1) Agreement with Form of Proposed Stipulation. If plaintiff’s proposed pretrial
stipulation is satisfactory, attach that party’s list of exhibits and witnesses to the
pretrial stipulation, indicate approval of the proposed pretrial stipulation by
signature, file or lodge it (depending upon the presiding judge’s procedures) in
time to be received within the time prescribed in subsection (b)(1) of this rule, and
serve all other parties with a completed copy of the pretrial stipulation; or
(2) Disagreement with Form of Proposed Stipulation. If plaintiff’s proposed
stipulation is unsatisfactory:
(A) Immediately contact plaintiff in a good faith effort to achieve a joint
proposed pretrial stipulation; and
(B) If such effort is unsuccessful, prepare a separate proposed pretrial stipulation
and file or lodge it (depending upon the presiding judge’s procedures),
together with plaintiff’s proposed pretrial stipulation and a declaration of
that party setting forth the efforts made to comply with subsection (d)(2)(A)
of this rule. The separate proposed pretrial stipulation and declaration must
be filed or lodged (depending upon the presiding judge’s procedures) and
served in such a manner that they will actually be received by the court and
the plaintiff all within the time set forth in subsection (b)(1) of this rule.
(e) Non-receipt of Proposed Pretrial Stipulation.
(1) Plaintiff. A plaintiff who has complied with subsection (c) of this rule, and does
not receive a timely response from the other parties, must file or lodge (depending
upon the presiding judge’s procedures) and serve a proposed pretrial stipulation at
least 14 days before the pretrial conference (if one is ordered) or trial. At the
same time, plaintiff must file and serve a declaration asserting the failure of the
other parties and/or counsel for the parties to respond.
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LBR 7026-1
(2) Other Parties. Any party other than plaintiff who has not received plaintiff’s
proposed pretrial stipulation within the time limits set forth in subsection (c) of
this rule must prepare, file, and serve at least 14 days prior to the trial or pretrial
conference, if one is ordered, a declaration attesting to plaintiff’s failure to
prepare and serve a proposed pretrial stipulation in a timely manner.
(f) Sanctions for Failure to Comply with Rule. In addition to the sanctions authorized
by F.R.Civ.P. 16(f), if a status conference statement or a joint proposed pretrial
stipulation is not filed or lodged within the times set forth in subsections (a), (b), or (e),
respectively, of this rule, the court may order one or more of the following:
(1) A continuance of the trial date, if no prejudice is involved to the party who is not
at fault;
(2) Entry of a pretrial order based conforming party’s proposed description of the
facts and law;
(3) An award of monetary sanctions including attorneys’ fees against the party at
fault and/or counsel, payable to the party not at fault; and/or
(4) An award of non-monetary sanctions against the party at fault including entry of
judgment of dismissal or the entry of an order striking the answer and entering a
default.
(g) Failure to Appear at Hearing or Prepare for Trial. The failure of a party’s counsel
(or the party, if not represented by counsel) to appear before the court at the status
conference or pretrial conference, or to complete the necessary preparations therefor, or
to appear at or to be prepared for trial may be considered an abandonment or failure to
prosecute or defend diligently, and judgment may be entered against the defaulting
party either with respect to a specific issue or as to the entire proceeding, or the
proceeding may be dismissed.
LBR 7026-1. DISCOVERY
(a) General. Compliance with FRBP 7026 and this rule is required in all adversary
proceedings.
(1) Notice. The plaintiff must serve with the summons and complaint a notice that
compliance with FRBP 7026 and this rule is required.
(2) Proof of Service. The plaintiff must file a proof of service of this notice together
with the proof of service of the summons and complaint.
(b) Discovery Conference and Disclosures.
(1) Conference of Parties. Unless all defendants default, the parties must conduct the
meeting and exchange the information required by FRBP 7026 within the time
limits set forth therein.
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LBR 7026-1
(2) Joint Status Report. Within 7 days after such meeting, the parties must prepare a
joint status report containing the information set forth in LBR 7016-1(a)(2). The
joint status report will serve as the written report of the meeting required by FRBP
7026.
(c) Failure to Make Disclosures or Cooperate in Discovery.
(1) General. Unless excused from complying with this rule by order of the court for
good cause shown, a party must seek to resolve any dispute arising under FRBP
7026-7037 or FRBP 2004 in accordance with this rule.
(2) Meeting of Counsel. Prior to the filing of any motion relating to discovery,
counsel for the parties must meet in person or by telephone in a good faith effort
to resolve a discovery dispute. It is the responsibility of counsel for the moving
party to arrange the conference. Unless altered by agreement of the parties or by
order of the court for cause shown, counsel for the opposing party must meet with
counsel for the moving party within 7 days of service upon counsel of a letter
requesting such meeting and specifying the terms of the discovery order to be
sought.
(3) Moving Papers. If counsel are unable to resolve the dispute, the party seeking
discovery must file and serve a notice of motion together with a written
stipulation by the parties.
(A) The stipulation must be contained in 1 document and must identify,
separately and with particularity, each disputed issue that remains to be
determined at the hearing and the contentions and points and authorities of
each party as to each issue.
(B) The stipulation must not simply refer the court to the document containing
the discovery request forming the basis of the dispute. For example, if the
sufficiency of an answer to an interrogatory is in issue, the stipulation must
contain, verbatim, both the interrogatory and the allegedly insufficient
answer, followed by each party’s contentions, separately stated.
(C) In the absence of such stipulation or a declaration of counsel of
noncooperation by the opposing party, the court will not consider the
discovery motion.
(4) Cooperation of Counsel; Sanctions. The failure of any counsel either to cooperate
in this procedure, to attend the meeting of counsel, or to provide the moving party
the information necessary to prepare the stipulation required by this rule within
7 days of the meeting of counsel will result in the imposition of sanctions,
including the sanctions authorized by FRBP 7037 and LBR 9011-3.
(5) Contempt. LBR 9020-1 governing contempt proceedings applies to a discovery
motion to compel a non-party to comply with a deposition subpoena for testimony
and/or documents under FRBP 7030 and 7034.
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LBR 7026-2
LBR 7026-2. DISCOVERY DOCUMENTS – RETENTION, FILING, AND COPIES
(a) Retention by Propounding Party. The following discovery documents and proof of
service thereof must not be filed with the clerk until there is a proceeding in which the
document or proof of service is in issue:
(1) Transcripts of depositions upon oral examination;
(2) Transcripts of depositions upon written questions;
(3) Interrogatories;
(4) Answers or objections to interrogatories;
(5) Requests for the production of documents or to inspect tangible things;
(6) Responses or objections to requests for the production of documents or to inspect
tangible things;
(7) Requests for admission;
(8) Responses or objections to requests for admission;
(9) Notices of Deposition, unless filing is required in order to obtain issuance of a
subpoena in another district; and
(10) Subpoena or Subpoena Duces Tecum.
(b) Period of Retention for Discovery Documents. Discovery documents must be held
by the attorney for the propounding party pending use pursuant to this rule for the
period specified in LBR 9070-1(b) for the retention of exhibits, unless otherwise
ordered by the court.
(c) Filing of Discovery Documents.
(1) When required in a proceeding, only that part of the document that is in issue
must be filed with the court.
(2) When filed, discovery documents must be submitted with a notice of filing that
identifies the date, time, and place of the hearing or trial in which it is to be
offered.
(3) Original deposition transcripts are treated as trial exhibits and must be delivered
to the judge for use at the hearing or trial. The original deposition transcript and a
copy must be lodged with the clerk pursuant to LBR 7030-1(b).
(d) Copies of Discovery Documents.
(1) Unless an applicable protective order otherwise provides, any entity may obtain a
copy of any discovery document described in subsection (a) of this rule by
making a written request therefor to the clerk and paying duplication costs.
(2) The clerk will give notice of the request to all parties in the case or proceeding,
and the party holding the original of the requested discovery document must
lodge the original or an authenticated copy with the clerk within 14 days after
service of the clerk’s notice.
(3) Promptly after duplication, the clerk will return the original to the party who
provided it.
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LBR 7030-1
LBR 7026-3. INTERROGATORIES AND REQUESTS FOR ADMISSION
(a) Form.
(1) Interrogatories and requests for admission must comply with the form
requirements of LBR 9004-1.
(2) Interrogatories and requests for admissions must be numbered sequentially
without repeating the numbers used on any prior set of interrogatories or requests
for admission propounded by that party.
(b) Number of Interrogatories Permitted. A party must not, without leave of the court
and for good cause shown, serve more than 25 interrogatories on any other party. Each
subdivision of an interrogatory is considered a separate interrogatory. A motion for
leave to serve additional interrogatories may be made pursuant to LBR 9013-1(d)
or (o).
(c) Answers and Objections. The party answering or objecting to interrogatories or
requests for admission must quote each interrogatory or request in full immediately
preceding the statement of any answer or objection thereto.
(d) Retention by Propounding Party. The original of the interrogatories or requests for
admission must be held by the attorney propounding the interrogatories or requests
pursuant to LBR 7026-2 pending use or further order of the court.
LBR 7030-1. DEPOSITIONS
(a) Custody of Original Transcript.
(1) The original transcript of a deposition must be sent to the attorney noticing the
deposition after signing and correction or waiver of the same unless otherwise
stipulated to on the record at the deposition.
(2) It is the duty of the attorney noticing the deposition to obtain from the reporter the
original transcript thereof in a sealed envelope and to safely retain the same under
conditions suitable to protect it from tampering, loss, or destruction.
(3) Upon request of any party intending to offer deposition evidence at a contested
hearing or trial, a copy of the transcript must be sent to that party for marking in
compliance with subsection (b) of this rule.
(b) Use of Deposition Evidence in Contested Hearing or Trial. Unless otherwise
ordered by the court, each party intending to offer any evidence by way of deposition
testimony pursuant to F.R.Civ.P. 32 and F.R.Evid. 803 or 804 must:
(1) Lodge the original deposition transcript and a copy pursuant to this rule with the
clerk at least 7 days before the hearing or trial at which it is to be offered;
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LBR 7052-1
(2) Identify on the copy of the transcript the testimony the party intends to offer by
bracketing in the margins the questions and answers that the party intends to offer
at trial. The opposing party must likewise countermark any testimony that it plans
to offer. The parties must agree between themselves on a separate color to be
used by each party which must be used consistently by that party for all
depositions marked in the case;
(3) Mark objections to the proffered evidence of the other party in the margins of the
deposition by briefly stating the ground for the objection; and
(4) Serve and file notice of the portions of the deposition marked or countermarked
by stating the pages and lines so marked, objections made, and the grounds
indicated therefor. The notice must be served and filed within 7 days after the
party has marked, countermarked, or objects to the deposition evidence.
(c) Deposition Summary. In appropriate cases and when ordered by the court, the parties
may jointly prepare a deposition summary to be used in lieu of question and answer
reading of a deposition at trial.
LBR 7041-1. DISMISSAL OF ADVERSARY PROCEEDING
(a) Dismissal for Want of Prosecution. A proceeding that has been pending for an
unreasonable period of time without any action having been taken therein may be
dismissed for want of prosecution upon notice and opportunity to request a hearing
pursuant to LBR 9013-1(o).
(b) Dismissal for Failure to Appear. If a party fails to appear at the noticed hearing of a
motion, a status conference, a pretrial conference or trial of the proceeding, the court
may make such orders in regard to the failure as are just, including dismissal of the
matter for want of prosecution. Unless the court provides otherwise, any dismissal
pursuant to this rule is without prejudice.
(c) Reinstatement – Sanctions. If any proceeding dismissed pursuant to this rule is
reinstated, the court may impose such sanctions as it deems just and reasonable.
(d) Notice of Dismissal. The clerk will provide to all parties to the proceeding notice of
entry of any order dismissing a proceeding under this rule.
LBR 7052-1. FINDINGS OF FACT AND CONCLUSIONS OF LAW
(a) Preparation and Lodging. In all cases where written findings of fact and conclusions
of law are required, the prevailing party must within 7 days of the date of the hearing at
which oral findings and conclusions were rendered, file and also lodge electronically
via LOU proposed findings of fact and conclusions of law, unless otherwise ordered by
the court.
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LBR 7054-1
(b) Findings of Fact. The proposed findings of fact must:
(1) Be in separately numbered paragraphs;
(2) Be in chronological order; and
(3) Not simply incorporate by reference to allegations contained in the pleadings.
(c) Conclusions of Law. The proposed conclusions of law must follow the findings of
fact, and:
(1) Must be in separately numbered paragraphs; and
(2) May include brief citations of appropriate authority.
LBR 7054-1. TAXATION OF COSTS AND AWARD OF ATTORNEYS’ FEES
(a) Who May Be Awarded Costs. When costs are allowed by the FRBP or other
applicable law, the court may award costs to the prevailing party. No costs will be
allowed unless a party qualifies as, or is determined by the court to be, the prevailing
party under this rule. Counsel are advised to review 28 U.S.C. § 1927 regarding
counsel’s liability for excessive costs.
(b) Prevailing Party. For purposes of this rule, the prevailing party is defined as follows:
(1) Recovery on Complaint. The plaintiff is the prevailing party when it recovers on
the entire complaint.
(2) Dismissal or Judgment in Favor of Defendant. The defendant is the prevailing
party when the proceeding is terminated by court-ordered dismissal or judgment
in favor of defendant on the entire complaint.
(3) Partial Recovery. Upon request of one or more of the parties, the court will
determine the prevailing party when there is a partial recovery or a recovery by
more than one party.
(4) Voluntary Dismissal. Upon request of one or more of the parties, the court will
determine the prevailing party when the proceeding is voluntarily dismissed or
otherwise voluntarily terminated.
(5) Offer of Judgment. If a party defending against a claim files under seal a written
offer of judgment before trial and the judgment finally obtained by the offeree is
not more favorable than the offer, the party offering the judgment is the prevailing
party.
(c) Bill of Costs. The prevailing party who is awarded costs must file and serve a bill of
costs not later than 14 days after entry of judgment. Each item claimed must be set
forth separately in the bill of costs. The prevailing party, or the party’s attorney or
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LBR 7054-1
agent having knowledge of the facts must file a declaration with the bill of costs
certifying that:
(1) The items claimed as costs are correct;
(2) The costs were necessarily incurred in the case;
(3) The services for which fees have been charged were actually and necessarily
performed; and
(4) The costs were paid or the obligation for payment was incurred.
(d) Items Taxable as Costs. A list of the items taxable as costs is contained in the Court
Manual.
(e) Court Ruling
(1) Objection to Bill of Costs. Not later than 7 days after service of a copy of a bill of
costs, a party dissatisfied with the costs claimed may file and serve an objection to
taxation of the costs sought. The grounds for objection must be stated
specifically.
(2) Hearing Not Required. The court may resolve the matter without a hearing,
pursuant to LBR 9013-1(p), or set the matter for hearing.
(f) Entry of Costs. If a timely objection to a bill of costs is not filed or, in the event of a
timely objection, as soon as practicable after an order determining the objection
becomes final, the clerk will insert the amount of costs awarded to the prevailing party
into the blank left in the judgment for that purpose and enter a similar notation on the
docket.
(g) Motion for Attorneys’ Fees.
(1) If not previously determined at trial or other hearing, a party seeking an award of
attorneys’ fees where such fees may be awarded must file and serve a motion not
later than 14 days after the entry of judgment or other final order, unless
otherwise ordered by the court.
(2) The requirements of LBR 9013-1 through LBR 9013-4 apply to a motion for
attorneys’ fees under this rule.
(h) Execution. Upon written motion filed pursuant to LBR 9013-1(q), the clerk will issue
a writ of execution to recover costs and attorneys’ fees included in the judgment:
(1) Upon presentation of a certified copy of the final judgment in the bankruptcy
court or in the district court; or
(2) Upon presentation of a mandate of the district court, bankruptcy appellate panel,
or court of appeals to recover costs taxed by the appellate court.
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LBR 7055-1
LBR 7055-1. DEFAULT
(a) Request for Entry of Default.
(1) Filing and Service. A request for the clerk to enter default must be supported by a
declaration establishing the elements required by F.R.Civ.P. 55(a), as
incorporated into FRBP 7055, and a proof of service on the defaulting party.
(2) No Hearing Required. Pursuant to LBR 9013-1(p), a hearing on the request is not
required.
(b) Motion for Default Judgment.
(1) Form of Motion. A motion for default judgment must state:
(A) The identity of the party against whom default was entered and the date of
entry of default;
(B) Whether the defaulting party is an infant or incompetent person and, if so,
whether that person is represented by a general guardian, committee,
conservator, or other representative;
(C) Whether the individual defendant in default is currently on active duty in the
armed forces of the United States, based upon an appropriate declaration in
compliance with the Servicemembers Civil Relief Act (50 U.S.C. §§ 3901-
4043).
(D) When the individual defendant is the debtor, the party seeking the default
may rely upon the debtor’s sworn statements contained in a statement of
financial affairs, by following the appropriate procedure for requesting
judicial notice of that document pursuant to F.R.Evid. 201; and
(E) That notice of the motion has been served on the defaulting party, if
required by F.R.Civ.P. 55(b)(2).
(2) Evidence of Amount of Damages. Unless otherwise ordered, if the amount
claimed in a motion for judgment by default is unliquidated, the movant must
submit evidence of the amount of damages by declarations in lieu of live
testimony. Notice must be given to the defaulting party of the amount requested.
Any opposition to the amount of damages by the party against whom the
judgment is sought must be in writing and supported by competent evidence.
(3) Other Relief. Other proceedings necessary or appropriate to the entry of a
judgment by default may be taken as provided in F.R.Civ.P. 55(b)(2).
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LBR 7056-1
(4) Attorneys’ Fees.
(A) When a promissory note, contract, or applicable statute provides a basis for
the recovery of attorneys’ fees, a reasonable attorneys’ fee may be allowed
in a default judgment. Subject to subsection (b)(4)(B), the reasonableness of
the attorneys’ fee will be calculated based upon the amount of the judgment,
exclusive of costs, according to the following schedule:
Amount of Judgment Attorneys’ Fees Award
$0.01 – $1,000 30% with a minimum of $250
$1,000.01 – $10,000 $300 plus 10% of the amount over $1,000
$10,000.01- $50,000 $1,200 plus 6% of the amount over $10,000
$50,000.01- $100,000 $3,600 plus 4% of the amount over $50,000
Over $100,000 $5,600 plus 2% of the amount over $100,000
(B) An attorney seeking fees in excess of the schedule may request in the
motion for default judgment to have a reasonable attorneys’ fee fixed by the
court. The court will hear the request and render judgment for such fee as
the court may deem reasonable.
LBR 7056-1. SUMMARY JUDGMENT
(a) General. The requirements of LBR 9013-1 through LBR 9013-4 apply to a motion for
summary judgment, except as provided by this rule.
(b) Motion and Supporting Documents.
(1) Motion. A notice of motion and motion for summary judgment or partial
summary adjudication pursuant to FRBP 7056 must be served and filed not later
than 42 days before the date of the hearing on the motion.
(2) Statement of Uncontroverted Facts and Conclusions of Law and Proposed
Summary Judgment.
(A) The movant must serve, file, and lodge with the motion for summary
judgment or partial summary adjudication a proposed statement of
uncontroverted facts and conclusions of law and a separate proposed
summary judgment.
(B) Unless otherwise ordered by the court, the proposed statement of
uncontroverted facts and conclusions of law must be filed and also lodged
electronically via LOU. The statement must identify each of the specific
material facts relied upon in support of the motion and cite the particular
portions of any pleading, affidavit, deposition, interrogatory answer,
admission, or other document relied upon to establish each such fact.
(3) Evidence. The movant is responsible for filing with the court all evidentiary
documents cited in the motion in accordance with LBR 9013-1(i).
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LBR 7056-1
(c) Response and Supporting Documents.
(1) Response. Any party who opposes the motion must serve and file a response not
later than 21 days before the date of the hearing on the motion.
(2) Statement of Genuine Issues.
(A) The respondent must serve, file, and lodge a separate concise statement of
genuine issues with the response.
(B) Unless otherwise ordered by the court, the respondent’s statement of
genuine issues must be lodged electronically via LOU. The respondent’s
statement must identify each material fact that is disputed and cite the
particular portions of any pleading, affidavit, deposition, interrogatory
answer, admission, or other document relied upon to establish the dispute
and the existence of a genuine issue precluding summary judgment or
adjudication.
(3) Evidence. The respondent is responsible for filing with the court all necessary
evidentiary documents cited in the response in accordance with LBR 9013-1(i).
(4) Need for Discovery. If a need for discovery is asserted as a basis for denial of the
motion, the respondent must identify the specific facts or issues on which
discovery is necessary and justify the request for additional time to pursue such
discovery.
(d) Reply. Movant must serve and file any reply not later than 14 days before the hearing
on the motion.
(e) Stipulated Facts. The parties may file a stipulation setting forth a statement of
stipulated undisputed facts. The parties so stipulating may state that their stipulations
are entered into solely for purposes of the motion for summary judgment and are not
intended to be binding otherwise.
(f) Facts Deemed Admitted. In determining any motion for summary judgment or partial
summary adjudication, the court may assume that the material facts as claimed and
adequately supported by the movant are admitted to exist without controversy, except
to the extent that such facts are:
(1) Included in the “statement of genuine issues,” and
(2) Adequately controverted by declaration or other evidence filed in opposition to
the motion.
(g) Non-Opposition to Summary Judgment is Not Consent. Pursuant to F.R.Civ.P. 56
and FRBP 7056, mere failure to file an opposition to a motion for summary judgment
shall not be deemed consent to the granting or denial of the motion for summary
judgment.
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LBR 7064-1
LBR 7064-1. SEIZURE OF PERSONS AND PROPERTY
(a) Issuance of Writ. A writ or other process issued for the seizure of persons or property
pursuant to F.R.Civ.P. 64, 69, or 70 must be issued, attested, signed, and sealed as
required for writs issued out of this court.
(b) Writ or Other Process of Seizure. A writ or other process for seizure in a civil action
must be directed to, executed, and returned by the United States Marshal, a state or
local law enforcement officer authorized by state law, or a private person specially
appointed by the court for that purpose pursuant to an application and order.
(c) Process Requiring Entry Upon Premises.
(1) An order of court requiring entry upon private premises without notice must be
executed by the United States Marshal, a state or local law enforcement officer
authorized by state law, or a private person specially appointed by the court for
that purpose pursuant to an order obtained upon application filed pursuant to LBR
9013-1(q). The application must be supported by evidence supporting all facts
asserted in the application.
(2) If a writ or other process is to be executed by a private person, the private person
must be accompanied by a United States Marshal or a state or local law
enforcement officer present at the premises during the execution of the order.
(d) Eviction. Any eviction to be made pursuant to a writ of, or order for, possession issued
by the court must be effected by the United States Marshals Service, unless otherwise
ordered by the court.
(e) Form of Writ or Order. Any writ of, or order for, possession to be effected by the
United States Marshals Service must include the following language:
“Upon execution and entry of this Writ or Order, the United States Marshals Service
[and any other executing officer authorized by the court] (collectively, the “U.S.
Marshal”) is immediately directed to assist [the party enforcing the writ or order] to
enforce the underlying order awarding possession.
[The party enforcing the writ or order] and/or [his/her/its] authorized agent(s) will act
as substitute custodian of any and all items of personal property seized pursuant to this
Writ or Order and the U.S. Marshal shall have no liability arising from any acts,
incidents, or occurrences in connection with the seizure of the personal property located
at the subject real property arising in the ordinary authorized scope of duties of the U.S.
Marshal (which acts do not include acts arising from negligent or intentional tortious
conduct), including any third party claims and the U.S. Marshal shall be discharged of
his or her duties and responsibilities for safekeeping of the seized goods.
The U.S. Marshal accomplishing such eviction or seizure shall use whatever reasonable
force necessary to break open and enter the subject real property regardless of whether
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the premises or location is locked or unlocked, occupied or unoccupied and to inspect
the contents of any room, closet, cabinet, vehicle, container, desk or documents.
Anyone interfering with the execution of this Writ or Order is subject to arrest by law
enforcement officials.”
LBR 7065-1. INJUNCTIONS
(a) Adversary Proceeding Required. A temporary restraining order or preliminary
injunction may be sought as a provisional remedy only in a pending adversary
proceeding, not in the bankruptcy case itself. An adversary complaint must be filed
either prior to, or contemporaneously with, a request for issuance of a temporary
restraining order (TRO) or preliminary injunction.
(b) Temporary Restraining Orders and Preliminary Injunctions.
(1) A TRO may be issued with or without notice in accordance with FRBP 7065.
(2) A preliminary injunction must be sought by motion in accordance with FRBP
7065.
(c) Approval of Bonds, Undertakings, and Stipulations Regarding Security. A bond,
undertaking, or stipulation regarding security given in conjunction with the issuance of
a TRO or preliminary injunction must satisfy the requirements of FRBP 7065(c) and
LBR 2010-1.
LBR 7067-1. REGISTRY FUND
(a) Deposit of Registry Funds.
(1) General. Funds must not be sent to the court or the clerk for deposit into the
court’s registry without a court order.
(2) Form of Order. A party seeking authorization to deposit funds into the court’s
registry must prepare and lodge with the court a proposed order using mandatory
court form F 7067-1.1.ORDER.REGISTRY.FUND.
(b) Notice to Clerk.
(1) Whenever the court orders that money deposited with the court must be deposited
by the clerk in an interest bearing account, the party making the deposit or
transferring funds to the court’s registry must personally serve a copy of the
entered order upon the clerk or chief deputy clerk along with the deposit.
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LBR 7069-2
(2) The failure of the party making the deposit or transferring funds to comply with
section (b)(1) above releases the clerk from liability for loss of interest upon the
money subject to the order of deposit.
(c) Timing of Deposit. The clerk must deposit the money pursuant to an order of deposit
as soon as practicable following service of a copy of the order by the party making the
deposit or transferring funds.
(d) Fees Charged on Registry Funds. All funds deposited and invested as registry funds
will be assessed fees in accordance with section III of amended General Order 13-01,
available at www.cacb.uscourts.gov.
(e) Disbursements of Registry Funds.
(1) General. The clerk will disburse funds on deposit in the registry of the court only
pursuant to a court order.
(2) Form of Order. The disbursement order must be prepared and lodged with the
court using mandatory court form F 7067-1.1.ORDER.REGISTRY.FUND.
Funds will be disbursed only after the time for appeal of any related judgment or
order has expired, or upon approval by the court of a written stipulation by all
parties.
LBR 7069-1. ENFORCEMENT OF JUDGMENT AND PROVISIONAL REMEDIES
(a) Use of United States Marshal is Discouraged. The court encourages the use of state
remedies and officers wherever appropriate to enforce judgments or obtain available
remedies. The United States Marshals Service is available to enforce federal judgments
as necessary, which may require an application filed under LBR 9013-1(q) that
demonstrates cause for using the United States Marshals Service.
(b) Forms.
(1) Unless the court has adopted its own form, the applicable form approved by the
Judicial Council of California for use in California courts must be used in this
court whenever a provisional remedy is sought or a judgment is enforced in
accordance with state law as provided in FRBP 7064 and 7069.
(2) The caption must be revised to specify “United States Bankruptcy Court for the
Central District of California,” rather than the California courts, and the form
must be modified, as necessary, to meet the requirements of LBR 9004-1 and
LBR 9009-1.
LBR 7069-2. DISCOVERY IN AID OF ENFORCEMENT OF JUDGMENT
(a) Discovery Permitted. With respect to a judgment of the bankruptcy court and as
allowed by FRBP 7069, except to the extent that a federal statute applies, a judgment
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LBR 7069-2
creditor may obtain discovery from any person to aid in enforcing a judgment in the
manner provided by F.R.Civ.P. 26-37 or in the manner provided by state law.
(b) Rule 2004 Examination Not Permitted. A judgment creditor may not use FRBP 2004
to collect information to use to enforce a judgment.
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[BLANK PAGE]
104 12/17
LBR 8000-1
LBR 8000-1. RULES APPLICABLE TO BANKRUPTCY APPEALS
(a) All Appeals. All bankruptcy appeals are subject to FRBP 8001 through 8028, available
at www.cacb.uscourts.gov.
(b) Appeals to District Court. A bankruptcy appeal pending before the district court is
governed by Chapter IV of the Local Rules, available at www.cacd.uscourts.gov.
(c) Appeals to BAP. A bankruptcy appeal pending before the BAP is governed by the
Rules of the United States Bankruptcy Appellate Panel of the Ninth Circuit, available at
www.ca9.uscourts.gov/bap.
(d) Direct Appeals to Ninth Circuit Court of Appeals. Any direct appeal to the Ninth
Circuit (28 U.S.C. § 158(d)(2)), is governed by FRBP 8004(e) and 8006 and the Rules
of the Ninth Circuit, available at www.ca9.uscourts.gov.
LBR 8003-1. SERVICE OF NOTICE OF APPEAL
(a) Service on Parties to Appeal. Within 3 days after the filing of a notice of appeal, the
clerk will serve upon the counsel of record for each party to the appeal and on any party
not represented by counsel a copy of the notice of appeal, Notice of Referral of Appeal,
Appeal Service List, Transcript Order Form, Notice of Transcript, any motion for leave
to file interlocutory appeal filed by the appellant and, if applicable, a copy of the
Amended Order Continuing the Bankruptcy Appellate Panel of the Ninth Circuit.
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[BLANK PAGE]
106 12/17
LBR 9001-1
LBR 9001-1. DEFINITIONS
(a) Definition of Terms. As used in these rules, the following words and phrases are
defined as follows:
(1) “Appellate Court” means the bankruptcy appellate panel or the district court
exercising its appellate jurisdiction pursuant to 28 U.S.C. § 158.
(2) “Application” means a request for judicial action that must be sought by
application rather than motion under the FRBP.
(3) “Attorney” or “Counsel” includes attorney, proctor, advocate, solicitor, counsel,
or counselor.
(4) “Bankruptcy Appellate Panel” means the United States Bankruptcy Appellate
Panel of the Ninth Circuit.
(5) “Bankruptcy Code” or “Code” means title 11 of the United States Code.
(6) “Brief” includes briefs, memoranda, points and authorities, and other written
argument or compilations of authorities.
(7) “Case” means a bankruptcy case commenced by the filing of a petition pursuant
to 11 U.S.C. §§ 301, 302, 303, or 1504.
(8) “Clerk” means the clerk of the United States Bankruptcy Court for the Central
District of California and deputy clerks. Other clerks may be specified in the text.
(9) “CM/ECF” means the court’s Case Management/Electronic Case Files System.
(10) “CM/ECF Procedures” means the administrative procedures for filing, signing,
and verifying documents using the Case Management/Electronic Case Files
(CM/ECF) system as authorized and approved by LBR 5005-4. The instructions
for registration and procedures for use of CM/ECF are posted on the court’s
website at the CM/ECF home page and contained in the Court Manual.
(11) “CM/ECF User” means a person or entity registered to use the court’s Case
Management/Electronic Case Files system.
(12) “Court” means the United States Bankruptcy Court of the Central District of
California or the district court when exercising its original bankruptcy jurisdiction
pursuant to 28 U.S.C. § 1334, including the judge to whom a case or proceeding
is assigned.
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LBR 9001-1
(13) “Court Manual” means the procedural manual maintained and updated
periodically by the clerk that includes: General Court Information; Filing
Information and Procedures; CM/ECF Procedures; LOU Procedures; Other Court
Technology; and Clerk’s Forms. The Court Manual is available on the court’s
website www.cacb.uscourts.gov.
(14) “Courtroom Deputy” means a deputy clerk assigned to the courtroom of a judge
of the court.
(15) “Court’s Website” means www.cacb.uscourts.gov.
(16) “Declaration” means any declaration under penalty of perjury executed in
conformance with 28 U.S.C. § l746 and any properly executed affidavit.
(17) “Defendant” means a party against whom a claim for relief is made by complaint,
counterclaim, or cross-claim.
(18) “District Court” means the United States District Court for the Central District of
California.
(19) “Document” includes all pleadings, motions, affidavits, declarations, briefs,
points and authorities, and all other documents presented for filing or lodging,
excluding exhibits submitted during a hearing or trial.
(20) “F.R.App.P.” means the Federal Rules of Appellate Procedure.
(21) “FRBP” means the Federal Rules of Bankruptcy Procedure.
(22) “F.R.Civ.P.” means the Federal Rules of Civil Procedure.
(23) “F.R.Evid.” means the Federal Rules of Evidence.
(24) “File” means the delivery, including electronically via CM/ECF, to and
acceptance by the clerk, courtroom deputy, the court, or other person authorized
by the court of a document that will be noted in the docket.
(25) “Judge” means a bankruptcy judge, district court judge, or other judicial officer
in a case or proceeding assigned to the court.
(26) “Local Civil Rules” means the Local Civil Rules of the United States District
Court for the Central District of California, including Chapter IV, Local Rules of
the District Court Governing Bankruptcy Appeals, Cases and Proceedings; and
such other rules and general orders adopted by the district court concerning cases
or proceedings filed or pending in the bankruptcy court.
(27) “Lodge” means to deliver, including electronically via LOU, to the clerk,
courtroom deputy, the court, or other person authorized by the court a document
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LBR 9001-1
that is tendered to the court but is not approved for filing, such as a proposed form
of order, a transcript of a deposition or other recorded examination, or an exhibit
register.
(28) “LOU” means the court’s Lodged Order Upload program.
(29) “LOU Procedures” means the procedures for LOU posted on the court’s website
at the CM/ECF home page and contained in the Court Manual.
(30) “Motion” includes all motions, applications, objections to claims that are not
adversary proceedings, or other requests made for judicial action except by
complaint, counterclaim, or cross-claim.
(31) “Movant” means an entity requesting an order other than by way of complaint,
counterclaim, or cross-claim.
(32) “NEF” means a Notice of Electronic Filing transmitted by the CM/ECF
electronic transmission program to persons or entities registered with the court for
electronic delivery of filed documents.
(33) “Ninth Circuit” means the United States Court of Appeals for the Ninth Circuit.
(34) “Notice of Entry” means a docket entry or other document that provides notice
to appropriate persons or entities that an order or judgment has been entered,
including a Notice of Electronic Filing, a BNC Certificate of Notice, or other
Proof of Service or Certificate of Mailing.
(35) “Petitioner” means a party who files a voluntary or involuntary petition to
commence a bankruptcy case.
(36) “Petition Packages” are packages of basic information and forms required to file
a voluntary chapter 7, chapter 11, or chapter 13 bankruptcy case in the Central
District of California. Petition packages are available on the court’s website at
www.cacb.uscourts.gov.
(37) “Plaintiff” means a party claiming affirmative relief by complaint, counterclaim,
or cross-claim.
(38) “Proceeding” includes motions, adversary proceedings, contested matters, and
other matters presented to the court. It does not include a “case” as defined
above.
(39) “Proof of Service” means a document certifying that a person or entity who filed
or lodged a document with the court (A) served other appropriate persons or
entities with a copy of the document filed or lodged, and (B) identified
appropriate persons who will be served via NEF by the court’s CM/ECF
electronic transmission program.
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LBR 9009-1
(40) “Respondent” means an entity responding to a request for an order other than by
way of complaint, counterclaim, or cross-complaint.
(41) “United States attorney” means the United States attorney for the Central
District of California, and any assistant United States attorney, employee, or
designee of the United States attorney.
(42) “United States trustee” means the United States trustee for Region 16, and any
assistant United States trustee, employee, or designee of the United States trustee.
(b) Terms Not Otherwise Defined. A term not defined in this rule will have the meaning
provided in the Bankruptcy Code or the FRBP.
LBR 9004-1. FORM OF DOCUMENTS FILED OR LODGED WITH COURT
(a) General.
(1) Unless otherwise expressly provided by these rules, a document filed or lodged
with the court and any exhibit thereto must comply with the form and format
requirements contained in the Court Manual.
(2) This rule does not prevent the use of Official Forms or court-approved forms in
accordance with LBR 9009-1.
(b) Signature of Person.
(1) General. The name of the person signing a document must be printed clearly
below the signature line.
(2) Facsimile or Electronically Produced Signature. Unless otherwise provided in a
case, the clerk may accept documents for filing that bear a facsimile or
electronically produced signature as the equivalent of an original signature,
provided the filing party and clerk comply strictly with the court’s electronic
filing procedures described in LBR 5005-4 for the safeguarding of documents
with original signatures.
LBR 9009-1. FORMS
(a) Official Forms. Official Forms are prescribed by the Judicial Conference of the
United States for use in all bankruptcy courts, and may be used in any case or
proceeding filed in this court.
(1) Petition Packages and Case Commencement Documents. Official Forms that
must or may be filed as case commencement documents are listed in Petition
Packages and in the Court Manual, and are available on the court’s website.
(2) Forms Used After Case Commencement. Official Forms that must or may be
filed after a case is commenced are available on the court’s website.
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LBR 9011-1
(b) Court-approved Forms.
(1) Availability. In addition to Official Forms, additional court-approved forms must
or may be used in cases and proceedings and are available on the court’s website.
(2) Mandatory or Optional Use. A court-mandated form is a court-approved form
designated as “mandatory.” Unless specifically designated as a mandatory form or
unless otherwise specifically ordered, a court-approved form provided in these
rules is optional and is provided for the convenience of the parties.
(3) Names of Forms.
(A) Forms Related to a Specific LBR. Forms that relate to a specific LBR
contain a name in the footer of the form that begins with an “F”, followed
by a number that matches the related LBR, then a shorthand reference to the
purpose of the form. For example, F 4001-1.RFS.RP.MOTION.
(B) Forms Not Related to a Specific LBR. Forms that do not relate to a specific
LBR contain a name in the footer of the form that begins with an “F”,
followed by 9009-1, then a shorthand reference to the purpose of the form.
For example, F 9009-1.
(4) Mandatory Language.
(A) No Alteration or Deletion. Regardless of whether a court-approved form is
mandatory or optional, no language or provisions may be altered or deleted
from a form, whether a form is filed or lodged.
(B) Additional Language. Language or provisions necessary to complete a form
may be provided in relevant sections of a form or attached as a clearly
marked supplement to a form.
(c) Certificate of Substantial Compliance. If a modified version of an Official Form or a
court-approved form is used, then such document must include a certificate that the
form contains the same substance as the Official Form or court-approved form, as
applicable.
LBR 9011‐1. SIGNATURES
(a) Holographic Signatures. Except as provided below, every signature on a filed
document must be handwritten in ink (holographic). If the document is filed
electronically then the filer must scan the signature page and insert it into the electronic
(.pdf) version of the document filed with the court. Nothing in this local rule precludes
the filing of a signature page that has been transmitted to the filer by facsimile or .pdf,
provided that the filer promptly obtains the document bearing the signer’s original
holographic signature and complies with LBR 9011‐1(d) below. Under no
circumstances may a reproduction of the same holographic signature be used on
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LBR 9011-2
multiple pages or in multiple documents. Each page that bears the signature of a person
must actually have been signed by the person whose signature appears on such page.
(b) Electronic Signatures. A holographic signature is not required only in the following
circumstances:
(1) Filer. The signature of an electronic filer of a document (Filer) need not be a
holographic signature if the Filer complies with the court’s procedures for
electronic filing. The electronic filing or lodging of a document by a Filer
through the CM/ECF, ePOC, LOU or other system, constitutes a signature on
that document by such Filer and shall subject the Filer to the same consequences
as if the Filer had signed such document by hand, including sanctions under
FRBP 9011 and liability for perjury. When a password is required to
electronically file or lodge a document, the Filer whose password is used to
effectuate such filing shall be deemed to be a Filer of the document. If required
by the Court Manual, an electronically‐filed document shall include in the
signature block an “/s/” followed by the name of the Filer; provided, however,
that failure to do so will not invalidate the signature deemed made by the Filer.
(2) Employee of Filer. The signature of an employee of a court‐authorized Filer, or
an employee of the same law firm or other organization as the court‐authorized
Filer, on a proof of service or certificate of service need not be a holographic
signature. The employee may sign a proof of service or certificate of service by
typing an “/s/” followed by the employee’s name on the signature line where
such signature is required. The employee placing such “/s/” signature on the
proof of service or certificate of service, and the Filer whose password is used to
file such document, will be subject to the same consequences as if the employee
had actually signed the document and the Filer had filed the document,
including sanctions under FRBP 9011 and penalties for perjury.
(c) Powers of Attorney Etc. Distinguished. Nothing in this rule should be interpreted to
prevent Filers from signing for non‐Filers in the same manner that they could sign any
paper document, such as “[non‐Filer] by [Filer], per power of attorney,” or “[Filer] as
authorized agent for [non‐ Filer]” or the like, if permitted by applicable law.
(d) Retention of Original Signatures for Five Years. Whenever a holographic
signature is required, the Filer must maintain the executed original of any filed
document for a period of five years after the closing of the case or adversary
proceeding in which the document is filed, and must make the executed original
available for review upon request of the court or other parties.
LBR 9011-2. PERSONS APPEARING WITHOUT COUNSEL
(a) Corporation, Partnership, Unincorporated Association, or Trust. A corporation, a
partnership including a limited liability partnership, a limited liability company, or any
other unincorporated association, or a trust may not file a petition or otherwise appear
without counsel in any case or proceeding, except that it may file a proof of claim, file
or appear in support of an application for professional compensation, or file a
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LBR 9011-3
reaffirmation agreement, if signed by an authorized representative of the entity.
(b) Individuals. Any individual representing himself or herself without an attorney must
appear personally for such purpose.
(c) Minors or Incompetents. A non-attorney guardian for a minor or an incompetent
person must be represented by counsel. Local Civil Rule 17-1 of the district court is
incorporated herein by reference.
(d) Compliance with Rules. Any person appearing without counsel must comply with the
F.R.Civ.P., F.R.Evid., F.R.App.P., FRBP, and these rules. The failure to comply may
be grounds for dismissal, conversion, appointment of a trustee or an examiner,
judgment by default, or other appropriate sanctions.
LBR 9011-3. SANCTIONS
(a) Violation of Rules. The violation of, or failure to conform to, the FRBP or these rules
may subject the offending party or counsel to penalties, including monetary sanctions,
the imposition of costs and attorneys’ fees payable to opposing counsel, and/or
dismissal of the case or proceeding.
(b) Failure to Appear or Prepare. Unless otherwise ordered by the court, the failure of
counsel for any party to take any of the following steps may be deemed an
abandonment or failure to prosecute or defend diligently by the defaulting party:
(1) Complete the necessary preparation for pretrial;
(2) Appear at pretrial or status conference;
(3) Be prepared for trial on the date set; or
(4) Appear at any hearing where service of notice of the hearing has been given or
waived.
(c) Penalties for an Unnecessary or Unwarranted Motion or Opposition. The
presentation to the court of an unnecessary motion and the unwarranted opposition to a
motion, which unduly delays the course of an action or proceeding, or failure to comply
fully with these rules, subjects the offender and attorney at the discretion of the court to
appropriate discipline, including the imposition of costs and the award of attorneys’
fees to opposing counsel, payment of 1 day’s jury fees of the panel, if one has been
called for the trial, and such other sanctions, including denial of the motion or dismissal
of the proceeding, as may appear proper to the court under the circumstances.
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LBR 9013-1
LBR 9013-1. MOTION PRACTICE AND CONTESTED MATTERS
(a) Applicability.
(1) This rule applies to (A) all contested matters (FRBP 9014), including motions,
whether filed in the bankruptcy case or an adversary proceeding, objections,
applications, orders to show cause, (B) all requests for an order of the court under
FRBP 9013, such as applications that can be presented without a hearing, and
(C) all requests that may be directed to the Clerk, such as requests for the Clerk to
enter a default.
(2) This rule applies to objections to claims, except as provided in LBR 3007-1.
(3) This rule applies to motions for summary judgment, except as provided in LBR
7056-1.
(4) This rule does not apply to a motion to reject a collective bargaining agreement
which is governed by 11 U.S.C. § 1113.
(5) Hearings, notice, and service.
(A) General. Except as provided in this rule or by order of the court, hearings
and notice are required for all motions, and are governed by subsection (d)
of this rule.
(B) Motions and matters determined after notice of opportunity to request a
hearing. Motions that will be decided without a hearing absent a proper
request for a hearing, are governed by subsection (o) of this rule.
(C) Notice only motions. Motions that require service of a notice, but do not
require a hearing are governed by subsection (p) of this rule.
(D) Motions that do not require either a hearing or additional service of a notice.
Motions that do not require either a hearing or additional service of a notice
are governed by subsection (q) of this rule.
(b) Motion Calendar.
(1) Each judge of the court maintains a motion calendar and instructions for selfsetting
hearings that are available from the clerk and posted on the court’s
website.
(2) A party must self-set a motion for hearing at a date and time permitted on the
judge’s motion calendar in accordance with the judge’s self-set calendaring
instructions.
(3) If a judge’s calendar does not permit the self-setting of a hearing on a particular
type of motion or the judge does not schedule a regular law and motion day, a
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LBR 9013-1
hearing on the motion must be noticed only with the approval of the judge or
courtroom deputy.
(c) Form and Content of Motion and Notice.
(1) Oral Motions. Unless otherwise provided by rule or order of the court, an oral
motion is not permitted except during trial.
(2) Notice of Motion. Every motion must be accompanied by written notice of
motion specifying briefly the relief requested in the motion and, if applicable, the
date, time, and place of hearing. Except as set forth in LBR 7056-1 with regard to
motions for summary judgment or partial summary adjudication, or as otherwise
ordered, the notice of motion must advise the opposing party that LBR 9013-1(f)
requires a written response to be filed and served at least 14 days before the
hearing. If the motion is being heard on shortened notice pursuant to LBR
9075-1, the notice must specify the deadline for responses set by the court in the
order approving the shortened notice.
(3) Motion. There must be served and filed with the motion and as a part thereof:
(A) Duly authenticated copies of all photographs and documentary evidence that
the moving party intends to submit in support of the motion, in addition to
the declarations required or permitted by FRBP 9006(d); and
(B) A written statement of all reasons in support thereof, together with a
memorandum of the points and authorities upon which the moving party
will rely.
(4) Exception. Unless warranted by special circumstances of the motion, or
otherwise ordered by the court, a memorandum of points and authorities is not
required for applications to retain or compensate professionals, motions for relief
from automatic stay, or motions to sell, use, lease, or abandon estate assets.
(5) Entering a Final Order. In a motion filed in a contested matter pursuant to FRBP
9014, the moving party must raise in that motion any objection or challenge to the
bankruptcy court’s authority to enter a final order on the motion. The moving
party must cite relevant authority and provide evidence in support of its position.
The failure of the moving party to raise its objection or challenge in the motion
will be deemed consent to the bankruptcy court’s authority to enter a final order
on the motion.
(d) Time Limits for Service and Filing of Motions.
(1) Persons or Entities to be Served with the Notice and Motion. Except for a motion
under LBRs 2014-1(b), 2016-1(a)(2), 3015-1(w) and (x), 7026-1(c), and 9075-1,
and subject to LBR 2002-2(a) and FRBP 9034, a motion and notice thereof must
be served upon the adverse party (by serving the adverse party’s attorney of
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LBR 9013-1
record, if any; or if the adverse party is the debtor, by serving the debtor and the
debtor’s attorney, if any; or the adverse party, if there is no attorney of record).
(2) Deadline for Filing and Serving of Notice and/or Notice and Motion. The notice
of motion and motion must be filed and served not later than 21 days before the
hearing date designated in the notice except as set forth in: (A) LBR 7056-1 with
regard to motions for summary judgment or partial summary adjudication;
(B) LBRs 2014-1(b), 2016-1(a)(2), 3015-1(w) and (x), and 9013-1(o) with regard
to motions and matters that require notice of opportunity to request a hearing;
(C) LBR 3007-1 with regard to objections to claims; (D) LBR 6004-1(b) with
regard to motions to establish sale procedures; and (E) LBR 9075-1 with regard to
motions to be heard on an emergency or shortened notice basis. The court, for
good cause, may prescribe a different time.
(e) Proof of Service. Every document filed pursuant to this rule must be accompanied by
a proof of service, completed in compliance with LBR 9013-3, that indicates the filed
document was (1) served by the party filing the document, and/or (2) will be served via
NEF on parties registered to receive service via NEF pursuant to LBR 9036-1.
(f) Opposition and Responses to Motions.
(1) Deadline for Responses. Except as set forth in LBR 7056-1 (with regard to
motions for summary judgment or partial summary adjudication), LBRs
2014-1(b), 2016-1(a)(2), 3015-1(w) and (x), and 9013-1(o) (with regard to
motions and matters that may not require a hearing), and LBR 9075-1 (with
regard to motions to be heard on an emergency or shortened notice basis or unless
otherwise ordered by the court), each interested party opposing or responding to
the motion must file and serve the response (Response) on the moving party and
the United States trustee not later than 14 days before the date designated for
hearing.
(2) Contents of Response. A Response must be a complete written statement of all
reasons in opposition thereto or in support, declarations and copies of all evidence
on which the responding party intends to rely, and any responding memorandum
of points and authorities. The Response must advise the adverse party that any
reply must be filed with the court and served on the responding party not later
than 7 days prior to the hearing on the motion.
(3) Entering a Final Order. In a Response to a motion filed in a contested matter
pursuant to FRBP 9014, the responding party must raise in that Response any
objection or challenge to the bankruptcy court’s authority to enter a final order on
the underlying motion. The responding party must cite relevant authority and
provide evidence in support of its position. The failure of the responding party to
raise its objection or challenge in a Response will be deemed consent to the
bankruptcy court’s authority to enter a final order on the underlying motion.
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LBR 9013-1
(g) Reply Documents. Except as set forth in LBR 7056-1 with regard to motions for
summary judgment or partial summary adjudication, or unless otherwise ordered by the
court, the moving party (or the opposing party in instances where a written statement in
support of the motion has been filed) may file and serve a reply memorandum not later
than 7 days before the date designated for hearing.
(1) The reply memorandum and declarations or other evidence attached, must
respond directly to the opposition documents.
(2) Service of reply documents is required only upon the United States trustee subject
to FRBP 9034 and LBR 2002-2(a) and on persons or entities (or their attorneys, if
any) who filed an opposition to a motion, and must be made by personal service,
email, or by overnight mail delivery service. A judge’s copy of the reply must be
served on the judge in chambers in accordance with LBR 5005-2(d).
(3) Unless the court finds good cause, a reply document not filed or served in
accordance with this rule will not be considered.
(4) New arguments or matters raised for the first time in reply documents will not be
considered.
(h) Failure to File Required Documents. Except as set forth in LBR 7056-1(g) with
regard to motions for summary judgment, if a party does not timely file and serve
documents, the court may deem this to be consent to the granting or denial of the
motion, as the case may be.
(i) Evidence on Motions, Responses to Motions, or Reply. Factual contentions involved
in any motion, opposition or other response to a motion, or reply, must be presented,
heard, and determined upon declarations and other written evidence. The verification of
a motion is not sufficient to constitute evidence on a motion, unless otherwise ordered
by the court.
(1) The court may, at its discretion, in addition to or in lieu of declaratory evidence,
require or allow oral examination of any declarant or any other witness in
accordance with FRBP 9017. When the court intends to take such testimony, it
will give the parties 2 days notice of its intention, if possible, or may grant such a
continuance as it may deem appropriate.
(2) An evidentiary objection may be deemed waived unless it is (A) set forth in a
separate document; (B) cites the specific Federal Rule of Evidence upon which
the objection is based; and (C) is filed with the response or reply.
(3) In lieu of oral testimony, a declaration under penalty of perjury will be received
into evidence.
(4) Unless the court orders otherwise, a witness need not be present at the first
hearing on a motion.
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LBR 9013-1
(5) If the court decides to hear oral testimony, the matter may be continued to another
date for final hearing.
(j) Appearance at Hearing.
(1) Appearance is Mandatory. Counsel for the moving and opposing parties, and the
moving and opposing parties who are appearing without counsel, must be present
at the hearing on the motion and must have such familiarity with the case as to
permit informed discussion and argument of the motion. The failure of counsel or
an unrepresented party to appear, unless excused by the court in advance, may be
deemed consent to a ruling upon the motion adverse to that counsel’s or
unrepresented party’s position.
(2) Waiver of Personal Appearance. With the consent of the court, counsel may
waive personal appearance at the hearing. Counsel who have agreed to waive
personal appearance must advise the courtroom deputy of such agreement by
telephone message or letter which reaches the courtroom deputy by no later than
noon on the third day preceding the hearing date. The courtroom deputy will
advise the parties by no later than noon on the day preceding the hearing date as
to whether the court has consented to the waiver of personal appearance.
(3) Oral Argument. If the court decides in its discretion to dispense with oral
argument on any motion, the clerk will attempt to give counsel and unrepresented
parties notice of the court’s intention to do so at least 24 hours prior to the hearing
date and time. The court may also dispense with oral argument and waive
appearance by tentative or final ruling posted on the court’s web site the day
before the hearing.
(4) Telephonic Appearance at Hearing. A party who wishes to appear telephonically
must consult the court’s web site to determine whether a telephonic appearance on
a particular matter is permissible and to review the judge’s procedures for
telephonic appearances. See LBR 9074-1.
(k) Voluntary Dismissal or Stipulation to Dismiss a Motion. In addition to compliance
with FRBP 7041(a), a movant who seeks to notify the court that a voluntary dismissal
or stipulation for dismissal of a motion has been filed, must not less than 3 days prior to
the hearing date: (1) give telephonic notice thereof to opposing counsel and the
courtroom deputy of the judge before whom the matter is pending; and (2) on the same
day, serve a copy on the judge before whom the matter is pending and on the opposing
counsel. An order may be required.
(l) Motion Previously Denied. Whenever any motion for an order or other relief has been
made to the court and has been denied in whole or in part, or has been granted
conditionally or on terms, and a subsequent motion is made for the same relief in whole
or in part upon the same or any allegedly different state of facts, it is the continuing
duty of each party and attorney seeking such relief to present to the judge to whom any
subsequent motion is made, a declaration of a party or witness or certified statement of
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LBR 9013-1
an attorney setting forth the material facts and circumstances surrounding each prior
motion including:
(1) The date of the prior motion;
(2) The identity of the judge to whom the prior motion was made;
(3) The ruling, decision or order on the prior motion;
(4) The new or different facts and circumstances claimed to exist, which either did
not exist or were not shown upon the prior motion; and
(5) The new or different law or legal precedent claimed to exist, which either did not
exist or were not shown upon the prior motion.
The failure to comply with the foregoing requirement is grounds for the court to set
aside any order or ruling made on the subsequent motion, and subjects the offending
party or attorney to sanctions.
(m) Continuance.
(1) Motion for Continuance. Unless otherwise ordered, a motion for the continuance
of a hearing under this rule must be filed as a separately captioned motion, and
must be filed with the court and served upon all previously noticed parties by
facsimile, email, personal service, or overnight mail at least 3 days before the date
set for the hearing.
(A) The motion must set forth in detail the reasons for the continuance, state
whether any prior continuance has been granted, and be supported by the
declaration of a competent witness attesting to the necessity for the
continuance.
(B) A proposed order for continuance must, in accordance with LBR 9021-1(b),
be lodged with the court upon the filing of the motion.
(C) Unless the motion for continuance is granted by the court at least 1 day
before the hearing, the parties must appear at the hearing.
(2) Stipulations For Continuances. Parties stipulating to a continuance of a hearing
under this rule must notify the courtroom deputy immediately of their agreement
for a continuance. The stipulation is subject to approval by the court under
subsection (m)(3) of this rule. Unless the continuance is approved by the court at
least 1 day before the hearing, the parties must appear at the hearing. A
stipulation for continuance must contain facts establishing cause for the requested
continuance and be filed in accordance with LBR 9021-1(b)(2) and LBR 9071-1.
(3) Court Approval. A continuance (whether stipulated to by counsel or not) is not
effective unless an order is entered approving the continuance, the clerk informs
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LBR 9013-1
the parties that the court has authorized a continuance, or the continuance is
granted in open court.
(4) Extension of Time Due to Continuance of Hearing Date. Unless an order for
continuance states otherwise, a continuance of the hearing of a motion
automatically extends the time for filing and serving opposing or responsive
documents and reply documents.
(n) Discovery. Unless otherwise ordered by the court, Fed.R.Civ.P. 26(a), (d) and (f), as
incorporated into FRBP 7026 and LBR 7026-1, do not apply to contested matters under
FRBP 9014 and this rule.
(o) Motions and Matters Determined After Notice of Opportunity to Request
Hearing.
(1) Matters That May Be Determined Upon Notice of Opportunity to Request
Hearing. Except as to matters specifically noted in subsection (o)(2) below, and as
otherwise ordered by the court, any matter that may be set for hearing in
accordance with LBR 9013-1(d) may be determined upon notice of opportunity to
request a hearing.
(A) Notice. When the notice of opportunity for hearing procedure is used, the
notice must:
(i) Succinctly and sufficiently describe the nature of the relief sought and
set forth the essential facts necessary for a party in interest to
determine whether to file a response and request a hearing;
(ii) State that LBR 9013-1(o)(1) requires that any response and request for
hearing must be filed with the court and served on the movant and the
United States trustee within 14 days after the date of service of the
notice; and
(iii) Be filed with the court and served by the moving party on all creditors
and other parties in interest who are entitled to notice of the particular
matter.
(B) Motion. The motion and supporting documents must be filed with the
notice, but must be served only on the United States trustee and those parties
who are directly affected by the requested relief.
(2) Matters that May Not be Determined Upon Notice of Opportunity to Request
Hearing. Unless otherwise ordered by the court, the following matters may not be
determined by the procedure set forth in subsection (o)(1) above:
(A) Objections to claims;
(B) Motions regarding the stay of 11 U.S.C. § 362;
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LBR 9013-1
(C) Motions for summary judgment and partial summary adjudication;
(D) Motions for approval of cash collateral stipulations;
(E) Motions for approval of postpetition financing;
(F) Motions for continuance;
(G) Adequacy of chapter 11 disclosure statements;
(H) Confirmation of plans in chapter 9, chapter 11, chapter 12, and chapter 13
cases;
(I) Motions for orders establishing procedures for the sale of the estate’s assets
under LBR 6004-1(b);
(J) Motions for recognition of a foreign proceeding as either a main or a
nonmain proceeding;
(K) Motions for the adoption of a chapter 15 administrative order;
(L) Motions for the adoption of a cross-border protocol;
(M) Motions to value collateral and avoid liens under 11 U.S.C. § 506 in chapter
11, 12, and 13 cases; and
(N) Motions for issuance of a TRO or preliminary injunction.
(3) No Response and Request for Hearing. If the response period expires without the
filing and service of any response and request for hearing, the moving party must
do all of the following:
(A) File Declaration of Service and Non-response. Promptly file a declaration
attesting that: (i) no timely response and request for hearing was served
upon the moving party; and (ii) that the declarant has checked the docket of
the bankruptcy case or the adversary proceeding and no response and
request for hearing was timely filed. A copy of the motion, notice, and
proof of service of the notice and motion must be attached as exhibits to the
declaration. No service is required prior to filing the declaration.
(B) Lodge Proposed Order. Lodge a proposed order in accordance with LBR
9021-1 and the Court Manual, except that the proposed order need not be
served prior to lodging, except as otherwise required in these rules.
(C) Deliver Copies to Court. Promptly deliver a judge’s copy of the declaration
as required by LBR 5005-2(d).
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LBR 9013-1
(4) Response and Request for Hearing Filed. If a timely response and request for
hearing is filed and served, within 14 days from the date of service of the response
and request for hearing the moving party must schedule and give not less than
14 days notice of a hearing to those responding and to the United States trustee. If
movant fails to obtain a hearing date, the court may deny the motion without
prejudice, without further notice or hearing.
(p) Motions and Matters Determined with Notice, but without a Hearing. The
following motions may be determined without a hearing after notice provided in the
corresponding LBR cited.
(1) Debtors Application to Extend the Deadline to File Case Commencement
Documents [LBR 1007-1(b), LBR 3015-1(b)(2)]
(2) Motion to Convert Case from Chapter 11 to one under another Chapter [LBR
1017-1(a)(3)]
(3) Motion for Examination under FRBP 2004 [LBR 2004-1(d)]
(4) Motion to Withdraw as Counsel [LBR 2091-1(a)]
(5) Motion for Release of Unclaimed Funds [LBR 3011-1(b)]
(6) Debtor’s Application Confirming that Loan Modification Discussion Will Not
Violate the Stay [LBR 4001-1(h)]
(7) Request for the Clerk to Issue Another Summons [LBR 7004-1(a)(2)]
(8) Bill of Costs [LBR 7054-1(e)]
(9) Request for the Clerk to Enter Default [LBR 7055-1(a)]
(10) Motion for Leave to Appeal from an Interlocutory Order [LBR 8003-1(d)(3)]
(11) Motion for Permission to File Trial Brief or Memoranda of Law Exceeding
35 Pages [LBR 9013-2(b)]
(12) Motion for Protective Order Pursuant to 11 U.S.C. § 107(c) and FRBP 9037 to
Restrict Access to Documents Filed Containing Personal Identifiers [LBR
9037-1(a)]
(13) Application for Reinstatement of Privileges [LBR Appendix II, Reinstatement]
(14) Application to Have Opinion Removed from Website [LBR Appendix II, Motion
to Have Opinion Removed From Website]
(15) Request for Assignment to Mediation Program [LBR Appendix III, Section 5.1]
122 12/17
LBR 9013-2
(q) Motions and Matters Determined without Additional Notice and without a
Hearing. Unless otherwise ordered by the court, the following motions and matters
may be determined without a hearing and without additional notice, because the parties
requiring notice already receive notice via an NEF.
(1) Motion for Joint Administration of Case Pending in the Same Court [LBR 1015-
1(b)]
(2) Debtor’s Notice of First Time Conversion from Chapter 12 or 13 to Chapter 7
[LBR 1017-1(a)(1), LBR 3015-1(q)(2)(A)]
(3) Trustee’s Request to Dismiss Chapter 7 Case for Failure to Appear at 341(a)
Meeting of Creditors [LBR 1017-2(b)]
(4) Debtor’s Motion to Vacate an Order Dismissing a Bankruptcy Case, When
Dismissal was Due to Failure to File a Required Document [LBR 1017-2(c)]
(5) Creditor’s Request to Designate an Address for Authorized Agent [LBR 2002-
1(a), 11 U.S.C. § 342(g)(1), FRBP 2002(g)]
(6) Creditor’s Request for Notice Despite Order Limiting Notice to Committee [LBR
2002-1(b), FRBP 2002(i)]
(7) Request for Approval of Bond or Undertaking [LBR 2010-1(c)]
(8) Application by Non-Resident Attorney to Appear Pro Hac Vice [LBR 2090-1(b)]
(9) Debtor or Trustee’s Motion to Set Bar date for filing proof of Claim in a
Chapter 11 Case [LBR 3003-1]
(10) Debtor’s Motion for Voluntary Dismissal of Chapter 13 Case that has not
previously been converted [LBR 3015-1(q)(1)(A)]
(11) Motion to Reopen Bankruptcy Case [LBR 5010-1(e)]
(12) Application for Issuance of Writ of Execution or Possession [LBR 7054-1(h),
7064-1(c), 7069-1(a)]]
LBR 9013-2. BRIEFS AND MEMORANDA OF LAW
(a) Trial Briefs.
(1) Unless otherwise ordered by the court, at least 7 days before trial is scheduled to
commence, each counsel may file and serve a trial brief which may contain:
(A) A concise statement of the facts of the case;
(B) All admissions and stipulations;
(C) A short summary of the points of law involved, citing authorities in support
thereof; and
123 12/17
LBR 9013-2
(D) Any anticipated evidentiary problems.
(2) In appropriate cases, the court may require submission of trial briefs.
(b) Form of Briefs.
(1) Length. A brief must not exceed 35 pages in length, unless otherwise ordered by
the court on motion filed and served pursuant to LBR 9013-1(p).
(2) Appendices. Appendices must not include any matters that properly belong in the
body of the brief.
(3) Table of Contents and Table of Authorities. Any brief exceeding 10 pages in
length, excluding exhibits, must be accompanied by an indexed table of contents
setting forth the headings and subheadings contained in the body thereof and by
an indexed table of the cases, statutes, rules, and other authorities cited.
(4) Unpublished Opinions. If a party cites an unpublished judicial opinion, order,
judgment, or other written disposition, the party must file and serve a copy of that
opinion, order, judgment, or disposition with the brief or other document in which
it is cited.
(c) Citations.
(1) Acts of Congress. A citation to an Act of Congress must include a parallel
citation to the United States Code by title and section, if codified.
(2) Regulations. A citation to a federal regulation must include a citation to the Code
of Federal Regulations by title and section and the date of promulgation of the
regulation.
(3) Cases.
(A) Federal. The initial citation of a United States Supreme Court case must be
to the United States Reports. A citation to the Federal Reporter, Federal
Supplement, or Federal Rules Decisions must be used where available.
(B) State. The initial citation to a state court decision must include both the
official report and any regional reporter published by West Publishing
Company. California parallel citations may be limited to the official reports
and California Reporter.
(C) Bankruptcy. A bankruptcy case citation must be to West’s Bankruptcy
Reporter, where available.
(D) Unreported Decisions. Where a citation to the above-named reporters is not
available, the party citing the case must provide the court with an unmarked,
complete copy of the decision.
124 12/17
LBR 9013-3
(E) Citation Form. A case citation must include the name and district or circuit
of the issuing court and the year of the decision.
(4) Internal Page Citation. A case citation must include a further citation to the page
where the proposition of law is found.
LBR 9013-3. PROOF OF SERVICE
(a) Duty to Serve Documents. Whenever in these rules the duty to serve a document is
indicated by terms such as “must serve”, “must be served”, “need be served”, “must
contain proof of service”, “give written notice”, or similar term, a party’s duty to serve
a document may be accomplished via NEF if the recipient is a registered CM/ECF
User. Exceptions are indicated in LBR 2002-2(a)(3) for the United States trustee and in
LBR 9036-1.
(b) Mandatory Court Form. Proof of service must be made by executing court-mandated
form F 9013-3.1.PROOF.SERVICE, providing the exact title of the document being
served, the methods of service for each person or entity served, the date upon which the
proof of service was executed, and the signature of the person who performed the
service and identified appropriate persons who will be served via NEF by the court’s
CM/ECF electronic transmission program.
(c) Attach to Document to be Filed. The proof of service must be attached as the last
page of the document to be filed. If a supplemental proof of service is required, the
supplemental proof of service must contain a complete caption page formatted in
accordance with the instructions set forth in the Court Manual.
(d) Explicitly Indicate the Method of Service and How Person or Entity is Related to
the Case. When preparing a proof of service, it must be explicitly indicated how each
person who is listed on the proof of service is related to the case or adversary
proceeding.
(1) Designation of Relation to Case. Examples of how a person or entity is related to
a case include but are not limited to: debtor, trustee, designated creditor, attorney
for designated party, agent for service of process, judge, United States trustee, etc.
(2) Methods of Service. The following methods of service are available:
(A) Service via Notice of Electronic Filing. List email addresses of CM/ECF
Users who are related to the motion or other proceeding described in the
document being filed, and who will be served via NEF. Explicitly indicate
how each person or entity is related to the case. For example:
ATTORNEY FOR TRUSTEE: Harold Smith, hsmith@smithlaw.com
ATTORNEY FOR DEBTOR: Harold Jones, hjones@joneslaw.com
125 12/17
LBR 9013-3
UNITED STATES TRUSTEE: ustpregion16.la.ecf@usdoj.gov
TRUSTEE: Mary Wilson, trustee@trustee.com
(B) Service by U.S. Mail. List the exact street address of each person or entity
served, and if the service was by certified mail, so indicate. Explicitly
indicate how each person or entity is related to the case. For example:
CREDITOR:
Neighborhood Equipment Rental
Attn: Officer or Managing/General Agent
2531 15th Street, Anytown, CA 54321
National Bank of ABC
Attention: President
456 Service Street, Suite 100, Anytown, CA 99991
Via Certified Mail
DEBTOR
Jane Doe
123 Western Avenue, #8, Anytown, CA 54321
AGENT FOR SERVICE OF PROCESS:
John Agent
456 Service Street, Suite 100, Anytown, CA 54321
(C) Service by Overnight Mail. List the exact street address of the person or
entity served, and identify the company performing the overnight mail
service. Explicitly indicate how each person or entity is related to the case.
For example:
PRESIDING JUDGE’S COPY
Bankruptcy Judge Joan Williams
Courthouse, Suite 987
231 Courthouse Lane, Anytown, CA 91234
Via overnight mail with Fedex
Tracking number: 1234567
(D) Service by Email. List the email address of the person or entity who has
consented to service by email. Explicitly indicate how each person or entity
is related to the case. For example:
ATTORNEY FOR DEBTOR’S PRINCIPALS
George Block
gblock123@zweb.com
(E) Service by Facsimile. List the telephone number of the party who has
consented to serve by facsimile. A document exceeding a total of 15 pages
must not be served by facsimile unless expressly authorized by the party
126 12/17
LBR 9013-4
receiving the transmission or by court order. Explicitly indicate how each
person or entity is related to the case. For example:
ATTORNEY FOR DEBTOR’S PRINCIPALS
George Block, (800) 999-9999
(F) Personal Service. List the date and exact address at which the party was
served. Explicitly indicate how each person or entity is related to the case.
For example:
PRESIDING JUDGE’S COPY – Delivered 1/4/14
Bankruptcy Judge Walter Williams
Courthouse, Suite 987
231 Courthouse Lane, Anytown, CA 91234
LBR 9013-4. NEW TRIAL OR HEARING ON CONTESTED MATTERS
(a) Grounds. The grounds for a motion for a new trial, a new hearing in a contested
matter, or amendment of judgment pursuant to FRBP 9023 or F.R.Civ.P. 59(a) include,
but are not necessarily limited to, the following:
(1) Irregularity in the proceedings of the court, adverse party, or jury;
(2) Any order of the court or abuse of discretion by which the party was prevented
from receiving a fair trial;
(3) Misconduct by the jury;
(4) Accident or surprise that could not have been guarded against by the exercise of
ordinary prudence;
(5) Newly discovered evidence material to the interest of the party making the
application that could not with reasonable diligence have been discovered and
produced at trial;
(6) Excessive or inadequate damages appearing to have been determined under the
influence of passion or prejudice;
(7) Insufficiency of the evidence to justify the verdict or other decision; and
(8) Errors of law occurring at the trial.
(b) Procedure.
(1) Error of Law. If the ground for the motion is error of law occurring at the trial,
the error or errors relied upon must be stated specifically.
127 12/17
LBR 9015-1
(2) Insufficiency of Evidence. If the ground for the motion is the insufficiency of the
evidence, the motion must specify with particularity wherein the evidence is
claimed to be insufficient.
(3) Newly Discovered Evidence. If the ground for the motion is newly discovered
evidence, the motion must be supported by declarations by the party, or the agent
of the party having personal knowledge of the facts, showing:
(A) When the evidence was first discovered;
(B) Why it could not with reasonable diligence have been produced at trial or
the original hearing on a motion;
(C) What attempts were made to discover and present the evidence at trial or the
original hearing on a motion;
(D) If the evidence is oral testimony, the nature of the testimony and the
willingness of the witness to so testify; and
(E) If the evidence is documentary, the documents or duly authenticated copies
thereof, or satisfactory evidence of their contents where the documents are
not then available.
(c) Documents, Transcripts, Evidence. The motion will be determined based upon:
(1) The documents on file;
(2) The recorder’s transcript or digital recording; and
(3) Declarations, if the ground is other than error of law or insufficiency of the
evidence and the facts or circumstances relied on do not otherwise appear in the
records of the court.
(d) Declarations – Time for Filing. Declarations in support of a motion for a new trial
must be filed and served concurrently with the motion unless the court fixes a different
time.
(e) Hearing. The motion for a new trial must be set for hearing as provided in LBR
9013-1(d).
LBR 9015-1. JURY TRIALS
(a) Number of Jurors. If a trial of the proceeding or matter is to be before a jury, the jury
must consist of not less than 6 members.
128 12/17
LBR 9015-1
(b) Instructions.
(1) Proposed jury instructions must be in writing, and must be filed and served at
least 7 days before trial is scheduled to begin. Each requested jury instruction
must:
(A) Be set forth in full on a separate page;
(B) Embrace only one subject or principle of law; and
(C) Not repeat a principle of law contained in any other request.
(2) The identity of the party requesting the jury instructions must be disclosed on a
cover page only and must not be disclosed on the proposed instructions.
(3) The authority or source of each proposed instruction must be set forth on a
separate page or document and must not be disclosed on the proposed instruction.
(c) Objections to Instructions.
(1) Objections to proposed instructions must be filed and served on or before the
first day of trial unless the court permits oral objections.
(2) Written objections must be numbered and must specify distinctly the
objectionable matter in the proposed instruction. Each objection must be
accompanied by citation of authority.
(3) Where applicable, the objecting party must submit an alternative instruction
covering the subject or principle of law. The alternative instruction must be set
forth on a separate document. The identity of the requesting party or the
authority or source of the proposed instruction must not be disclosed on the
alternative instruction.
(d) Special Verdicts and Interrogatories.
(1) Any request for a special verdict or a general verdict accompanied by answers to
interrogatories must be filed and served at least 7 days before trial is scheduled to
commence.
(2) Special verdicts and interrogatories must conform to the requirements of
F.R.Civ.P. 49, and must not bear any identification of the party presenting the
form. Identification must be made only on a separate page appended to the front
of the special verdict and interrogatory form.
129 12/17
LBR 9015-2
LBR 9015-2. DEMAND FOR JURY TRIAL
(a) Right to Trial by Jury.
(1) A party claiming a right to trial by jury must make a demand as specified in
subsection (b) of this rule.
(2) Nothing contained in this rule shall be deemed to create or imply a right to a jury
trial where no such right exists under applicable law.
(b) Demand.
(1) Time and Form of Demand. A party must demand a trial by jury in accordance
with F.R.Civ.P. 38(b).
(2) Statement of Consent. A demand must include a statement that the party does or
does not consent to a jury trial conducted by the bankruptcy court. Within
14 days of the service of the demand and statement of consent or non-consent, all
other parties must file and serve a statement of consent or non-consent to a jury
trial conducted by the bankruptcy court.
(3) Specification of Issues. In the demand a party may specify the issues which the
party wishes so tried; otherwise the party shall be deemed to have demanded trial
by jury for all the issues so triable. If a party has demanded trial by jury for only
some of the issues, any other party within 14 days after service of the demand or
such lesser time as the court may order may serve a demand for trial by jury of
any other or all of the issues of fact in the action.
(4) Determination by Court. On motion or on its own initiative the court may
determine whether there is a right to trial by jury of the issues for which a jury
trial is demanded or whether a demand for trial by jury in a proceeding on a
contested petition must be granted.
(5) Cover Sheet Insufficient. Any notation on Official Form 1040, Adversary
Proceeding Cover Sheet, filed under LBR 7003-1 concerning whether a jury trial
is, or is not, demanded does not constitute a demand for jury trial sufficient to
comply with F.R.Civ.P. 38(b) or this rule.
(c) Withdrawal of Demand. A demand for trial by jury made in accordance with this rule
may not be withdrawn without the consent of the parties.
(d) Waiver.
(1) The failure of a party to file and serve a demand in accordance with this rule, and
to file it as required by FRBP 5005, constitutes a waiver of trial by jury.
130 12/17
LBR 9019-1
(2) Notwithstanding the failure of a party to demand a jury when such a demand
might have been made of right, the court on its own initiative may order a trial by
jury of any or all issues.
(e) Trial by the Court.
(1) Subject to the provisions of subsection (d)(2) of this rule, an issue not demanded
for trial by jury will be tried by the court.
(2) Where a demand for trial by jury has been made in accordance with this rule, the
parties or their attorneys of record, by written stipulation filed with the court or by
an oral stipulation made in open court and entered in the record, may consent to
trial by the court sitting without a jury.
(f) Advisory Jury and Trial by Consent. In all actions not triable of right by jury, the
court on motion or on its own initiative may try any issue with an advisory jury or,
except in actions against the United States when a statute of the United States provides
for trial without a jury, the court, with the consent of both parties, may order a trial with
a jury whose verdict has the same effect as if trial by jury had been a matter of right.
(g) Pretrial Procedure Where Jury Trial Requested. Where a jury is demanded, all
pretrial proceedings, through approval and entry of the pretrial order, will be conducted
by the bankruptcy judge.
(h) Motion for Withdrawal of Reference.
(1) Within 7 days of the entry of the pretrial order, any party may file and serve a
motion to the district court to withdraw reference pursuant to LBR 5011-1.
(2) The failure of any party to file and serve a motion to withdraw reference within
the 7-day time period constitutes consent by all parties to the jury trial being
presided over by the bankruptcy judge.
(3) Nothing in this rule precludes an earlier motion to withdraw reference on the
grounds set forth in 28 U.S.C. § 157(d).
LBR 9019-1. SETTLEMENTS
(a) General.
(1) Parties must inform the courtroom deputy immediately by telephone or other
expeditious means when a matter set for hearing has been settled out of court and
that a stipulation will be filed and a proposed order approving the stipulation will
be lodged.
(2) If a written stipulation executed in compliance with LBR 9071-1 resolving all
issues as to all parties is filed at least 2 days before a scheduled hearing and a
131 12/17
LBR 9020-1
judge’s copy is delivered to chambers, no appearance at the hearing will be
necessary, provided that the stipulation is accompanied by a notice and motion to
approve compromise of controversy if required under FRBP 9019.
(b) Failure to Comply – Sanctions. The failure to comply with the provisions of this rule
may subject counsel to the imposition of sanctions under LBR 9011-3.
LBR 9020-1. ORDER TO SHOW CAUSE BY APPEARING AND FILING WRITTEN
EXPLANATION WHY PARTY SHOULD NOT BE HELD IN
CONTEMPT
(a) General. Unless otherwise ordered by the court, contempt proceedings are initiated by
filing a motion that conforms with LBR 9013-1 and a lodged order to show cause.
Cause must be shown by filing a written explanation why the party should not be held
in contempt and by appearing at the hearing.
(b) Motion. The motion must be served on the responding party which shall have 7 days
to object to the issuance of the order.
(c) Proposed Order to Explain in Writing and Appear at Hearing
(1) The proposed order must clearly apprise the party to whom it is to be directed that
such party must show cause by filing a written explanation, if there is an
explanation, why that party should not be held in contempt for the allegedly
contemptuous conduct and by appearing at the hearing.
(2) In the proposed order:
(A) The allegedly contemptuous conduct must be clearly identified and not just
by reference to the content of the motion.
(B) The possible sanctions and grounds for sanctions must be clearly identified.
(3) The proposed order must have blank spaces in which the court may fill in the
date, time, and location of the hearing, and the dates by which the written
explanation must be filed and served.
(d) Hearing on Issuance of Order to Show Cause Why Party Should Not be Held in
Contempt.
(1) If a written explanation is not timely filed and a judge’s copy served, the court
may conclude that there is no objection to issuance of the order to show cause.
(2) No hearing on the motion for issuance of the order to show cause will be held
unless the court so orders.
132 12/17
LBR 9021-1
(3) If the motion for order to show cause is granted without a hearing, the court will
issue and forward to the moving party the order to show cause setting the date and
time of the hearing on why the party should not be held in contempt.
(e) Service of Order to Show Cause Why the Party Should Not be Held in Contempt.
(1) Unless the court orders otherwise in the order to show cause, the moving party
must serve the issued order to show cause on the respondent not later than 21 days
before the date set for the hearing.
(2) Personal service of the issued order to show cause is required on any entity not
previously subject to the personal jurisdiction of the court.
(3) All other entities may be served either personally or by mail in accordance with
FRBP 7004.
(f) Hearing on Merits of Order to Show Cause Why Party Should Not be Held in
Contempt. At the hearing, the court may treat as true any uncontroverted facts
established by declaration and limit testimony to controverted facts only.
LBR 9021-1. ORDERS AND JUDGMENTS
(a) General. A proposed order or judgment (collectively, order) must be lodged either in
paper form or electronically via LOU in accordance with the LOU Procedures
contained in the Court Manual and these rules. Unless required as a court-mandated
form order pursuant to LBR 9009-1 or otherwise ordered by the court, an order must
not contain any attached agreement or other exhibit. If an order approves a motion that
is based in whole or part upon an agreement or other exhibit, the order must refer to the
docket number and/or title of the document in which the agreement or exhibit is found.
Nothing in this rule prevents a prevailing party from serving a copy of an entered order
along with a copy of an agreement or other exhibit referred to in the order.
(b) Preparation, Lodging, and Signing of Orders.
(1) Form of Proposed Order. A proposed order must be set forth in a separately
captioned document complying with LBRs 9004-1 and 9009-1 and the Court
Manual.
(A) Who Must Prepare. Unless the court otherwise directs, a proposed order
must be prepared by the attorney for the prevailing party.
(B) When Due if a Hearing was Scheduled. If not presented at the hearing, a
proposed order must be served and lodged with the clerk within 7 days of
the granting thereof. Except as provided in LBR 7056-1(b)(2) and LBR
7016-1(b)(3) or if the presiding judge has posted a tentative ruling
authorizing the submission of a proposed order, a proposed order must not
be lodged prior to the hearing or trial of the underlying matter.
133 12/17
LBR 9021-1
(C) Failure to Timely Lodge Order. If the prevailing party fails to serve and
lodge a proposed order within the allotted time, then any other party present
at the hearing may lodge and serve a proposed order. All other parties shall
have 7 days within which to file and serve an objection in compliance with
subsection (b)(3) of this rule. If no party submits a proposed order, the court
may prepare and enter such order as it deems appropriate, including an order
to appear and file written explanation as to why the motion or proceeding
should not be dismissed without prejudice for failure to prosecute, and to
appear at the hearing.
(D) Copies and Envelopes. Copies of the proposed order and mailing envelopes
must not be provided to the court unless required in the Court Manual.
(2) Order upon Stipulation. Except as provided in LBR 3015-1(r)(3) and LBR 4001-
1(b)(2)(B), a proposed order approving a written stipulation must refer to the title
of the stipulation and be contained in a separate document prepared and lodged
upon the filing of the stipulation with the court. A proposed order lodged
electronically must be prepared and uploaded in accordance with the LOU
Procedures.
(3) Proposed Order when Opposition to Motion was Filed.
(A) Service of Proposed Order on Contesting Party. Pursuant to the Notice of
Lodgment Procedures set forth in the Court Manual, the attorney who has
the duty to prepare any order required by this rule must serve a copy of the
proposed order on counsel, or party if filed without counsel, who filed an
opposition or other objection to the relief requested, either before or on the
same day that the order is lodged with the court and must file a proof of
service with the order. Alternatively, the attorney preparing the order may
present it to opposing counsel for approval as to form before the order is
lodged, in which case opposing counsel must immediately approve or
disapprove the form of order and return it to counsel who prepared it.
(B) Separate Objection to Proposed Order. Opposing counsel may, within
7 days after service of a copy of a proposed order prepared pursuant to this
rule, file and serve an objection to the form of the order, setting forth the
grounds therefor. Opposing counsel must attach as exhibits to the objection
(i) a copy of the order that is the subject of the objection and (ii) a copy of
the proposed alternative form of order. The proposed alternative form of
order so labeled, must be lodged with the objection. A judge’s copy of the
objection and proposed alternative form of order must be served on the
judge in chambers in accordance with LBR 5005-2(d). The failure to file
and serve a timely objection will constitute a waiver of any defects in the
form of the order.
(C) Endorsement of Counsel. Unless the court otherwise directs, a proposed
order will not be signed by the judge unless (i) opposing counsel has
134 12/17
LBR 9021-1
endorsed thereon an approval as to form; (ii) opposing counsel has
stipulated thereto on the record at the hearing, or (iii) the time for objection
to a form of order properly served has expired under subsection (b)(3)(B) of
this rule. If it finds the ends of justice so requires, the court may conduct a
hearing on the proper form of the order or decide any objection thereto
without a hearing.
(4) Proposed Orders on Unopposed Motions. Notwithstanding subsection (b)(3) of
this rule, if no opposition was filed, no service or proof of service of the proposed
order is required prior to lodging of the proposed order, and the non-opposing
party will be deemed to have waived any objection to the form of the order. The
court may sign a proposed order on an unopposed motion immediately upon its
lodging with the clerk without waiting for the objection period of subsection
(b)(3)(B) of this rule to expire.
(5) Signing of Orders for Absent Judges. Except as otherwise provided by
F.R.Civ.P. 63, application for any order on a case or proceeding must be made to
the judge to whom the case is assigned. If the judge to whom the case or
proceeding is assigned is not available and there is an emergency necessitating an
order, the judge’s courtroom deputy must be consulted to determine whether a
judge of this court has been designated to handle matters in the absence of the
assigned judge. If a designation has been made, the application must be presented
to the designated judge. If no designation has been made, then the matter must be
presented to the duty judge, if any, or in his or her absence, to any other judge in
accordance with normal divisional practices. If no emergency exists, the
application will be held by the assigned judge’s courtroom deputy until the
assigned judge is available. Any judge may sign an order for another judge.
(6) Obtaining Certified Copies of Order. Payment for a certified copy of an order
must be made to the cashier in the clerk’s office. No checks will be accepted in
the courtroom or by courtroom deputies. If a certified copy of a stipulated or
default order is desired, the order may either be presented in the courtroom
together with a clerk’s receipt showing prepayment of the certification fee, or the
certified copy may be requested from the clerk’s office after the order has been
signed and entered.
(c) Entry of Orders.
(1) Timing of Taxation of Costs. Entry of an order must not be delayed pending
taxation of costs to be included therein pursuant to LBR 7054-1. A blank space
must be left in the form of an order for insertion of costs by the clerk after they
have been taxed.
(2) Calculation of Interest. If interest is accruing or will accrue on any order, the
party preparing the proposed form of order must indicate by memorandum
attached thereto the applicable interest rate as computed under 28 U.S.C.
135 12/17
LBR 9021-1
§ 1961(a) or 26 U.S.C. § 6621 and the amount of interest to be added for each day
the document remains unsigned.
(3) By Stipulation with Entry of Order. The court may withhold entry of an order to
permit the parties to submit, either separately or jointly by stipulation, the
computation of the amount of money to be awarded in accordance with the
court’s determination of the issues.
(4) Contested Computation. If the parties do not stipulate to a computation as
provided in this rule, any party may file and serve a computation claimed to be in
accordance with the determination of the issues by the court. Within 7 days of
service of the computation, an opposing party may file and serve an objection
accompanied by an alternate computation. If no objection is filed within 7 days,
the order may be entered in accordance with the original computation submitted.
(5) Hearing on Contested Computation. If it finds the ends of justice so require, the
court may place the matter on calendar for hearing provided there is at least
7 days notice to the parties. After hearing, the court will determine the correct
amount on which the order will be entered. The hearing will be limited to a
determination of the correct amount to be entered in the order and shall not
constitute an opportunity for rehearing or reconsideration of the determination of
other issues previously ruled on by the court.
(6) Effect of Stipulation to Amount of Costs. A stipulation by the parties to the
amount to be entered pursuant to the determination of the issues by the court will
not be deemed to be a waiver of any rights of the parties to appeal or otherwise
challenge the determination of such issues by the court.
(7) Delegation of Authority to Sign Designated Orders. The court may delegate
authority to the clerk to:
(A) Sign specified form orders involving ministerial matters; and
(B) Facsimile stamp specified orders consistent with oral rulings by the court.
(d) Duty of Clerk as to an Order Directing an Action by an Official of the United
States. When an order is entered by the court directing any officer of the United States
to perform any act, unless such officer is present in court when the order is made, the
clerk must forthwith transmit a copy of the order to the officer ordered to perform the
act.
(e) Amended or Corrected Orders.
(1) If an error or omission in the form of an entered or lodged order is discovered, a
party in interest may request amendment or correction of the order by filing and
serving a motion under LBR 9013-1(d) or (o).
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(2) The motion must set forth specifically the changes requested in the form of the
order and reasons such changes are necessary and appropriate. A copy of the
proposed amended order must be attached as an exhibit to the motion when filed
and served.
(3) The amended order must state in its caption the date of entry of the original order
and, if applicable, the date, time, and place of the original hearing.
(4) If the motion is filed and served pursuant to LBR 9013-1(o), the proposed
amended order itself must be lodged at the same time as the required declaration
establishing that no timely objection was served.
LBR 9027-1. REMOVAL AND REMAND
(a) Notice of Removal. A notice of removal must be filed with the clerk of the bankruptcy
court pursuant to FRBP 9027 and simultaneously served on all other parties to the
removed action, on any trustee appointed in the bankruptcy case, and on the United
States trustee. The failure to promptly serve the notice of removal may result in
extension of the time to respond under FRBP 9027(e)(3).
(b) Status Conference.
(1) Using the court-mandated form, the party filing a notice of removal must prepare
a notice of status conference regarding removal of action, and present it to the
clerk concurrently with the filing of a notice of removal.
(2) The clerk will set a status conference to be held not later than 45 days after the
date that the clerk issues and files a notice of status conference, unless otherwise
ordered by the court.
(3) The party who files a notice of removal must serve the notice of status conference
on all other parties to the removed action, on any trustee appointed in the
bankruptcy case, and on the United States trustee. Service must be completed no
later than 14 days after the date the notice was issued and filed.
(c) Remand. A motion for remand must be filed with the clerk of the bankruptcy court not
later than 30 days after the date of filing of the notice of removal, and served under
LBR 9013-1(d).
(d) Filing Copies of Docket and Filed Documents.
(1) Unless otherwise ordered by the court, the party filing a notice of removal must
file with the clerk:
(A) A copy of the docket of the removed action from the court where the
removed litigation was pending; and
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LBR 9036-1
(B) A copy of every document on the docket, whether the document was filed
by a party or entered by the court. The copies must be provided in
chronological order according to the date the document was filed.
(2) All such documents must be filed not later than:
(A) 30 days after the date of filing of the notice of removal; or
(B) if a motion to remand is filed prior to expiration of such 30-day period,
14 days after entry of an order denying such motion to remand.
(e) Demand for Jury Trial. Within 14 days after service of the notice of removal, a party
must comply with LBR 9015-2 to preserve any right to a trial by jury.
LBR 9036-1. NOTICE AND SERVICE BY ELECTRONIC TRANSMISSION
(a) Service on Registered CM/ECF Users.
(1) NEF Constitutes Service. Upon the addition of any document or item to a
CM/ECF docket, whether electronically or non-electronically, an NEF is
automatically generated by CM/ECF and sent electronically to all persons or
entities that are CM/ECF Users and have consented to electronic service.
Regardless of whether it is the duty of the court or of another person or entity to
provide notice or service, service of the NEF constitutes notice and service
pursuant to the F.R.Civ.P., FRBP, and these rules for all persons and entities that
have consented to electronic service.
(2) NEF Does Not Constitute Service. Electronic transmission of an NEF does not
constitute service or notice of the following documents that must be served nonelectronically:
(A) Service of a summons and involuntary petition under FRBP 1010;
(B) Service upon the United States trustee of documents listed as exceptions
under LBR 2002-2(a)(3);
(C) Service of a proof of claim upon debtor’s attorney under LBR 3015-1(b)(5);
(D) Service of a summons and complaint under FRBP 7004;
(E) Service of a subpoena under FRBP 9016; and
(F) Where conventional service is otherwise required under the F.R.Civ.P.,
FRBP, LBRs, or by court order.
(b) Service on non-CM/ECF Users. A person or entity that is entitled to service of a
document, but is not a CM/ECF User or is a CM/ECF User who has not consented to
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LBR 9070-1
electronic service, must be served as otherwise provided by the F.R.Civ.P., FRBP, and
these rules.
(c) Service on Debtors who Request DeBN.
(1) Consent Limited to Service from the Bankruptcy Noticing Center. A debtor who
requests delivery by email of notices via the Debtor Electronic Bankruptcy
Noticing (DeBN) program only consents to delivery of orders and notices
delivered by the Bankruptcy Noticing Center.
(2) Notice and Service from All Other Parties. All other parties, including attorneys
and trustees, must continue to serve debtors non-electronically using methods
authorized under FRBP 7004 and 7005(b).
LBR 9037-1. REDACTION REQUESTS AND PROTECTIVE ORDERS REGARDING
PERSONAL IDENTIFIERS
(a) Redaction from Filed Document.
(1) Motion. When a document has been filed containing a personal identifier, a party
in interest may file a motion to block public access to the document, using the
court-approved form or other language consistent with the court-approved form.
The motion may be ruled upon without a hearing pursuant to LBR 9013-1(p).
A closed case does not need to be reopened to file this motion.
(2) Service. The motion must contain proof of service by U.S. mail upon the debtor,
debtor’s counsel (if applicable), United States trustee, and the case trustee (if
applicable).
(3) Order. An order must be lodged, using the court-approved form order or other
language consistent with the court-approved form.
(4) Filing of Redacted Document. After entry of an order granting the motion, the
movant must promptly file the redacted document.
(b) Redaction from Transcript. Pursuant to the court’s transcript redaction policy, a
(1) Notice of Intent to Request Redaction, and (2) Transcript Redaction Request may be
filed using court-approved forms.
LBR 9070-1. EXHIBITS
(a) Trial Exhibits.
(1) Identification. Unless otherwise ordered by the court, all exhibits to be offered
into evidence at trial of an adversary proceeding or contested matter must be
numbered and marked for identification with tags available from the clerk’s
office.
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(2) Numbering. Whenever feasible, exhibits of plaintiffs or movants must be marked
with numbers, and exhibits of defendants or respondents must be marked with
letters.
(3) Exhibit Register. The parties presenting exhibits must tag the exhibits and
prepare an exhibit register on the form available from the clerk’s office prior to
trial.
(4) Lodging Exhibits. Unless otherwise ordered by the court, the tagged exhibits and
completed exhibit register must be delivered in the courtroom to the courtroom
deputy or court recorder prior to the beginning of trial.
(5) Copies. Each party must bring sufficient copies of each exhibit for all counsel,
the witness, and the judge.
(b) Retention and Disposition of Trial Exhibits.
(1) All models, diagrams, documents, or other exhibits lodged with the clerk that are
admitted into evidence or marked at trial will be retained by the clerk until
expiration of the time for appeal without any appeal having been taken, entry of a
stipulation waiving or abandoning the right to appeal, final disposition of any
appeal, or order of the court, whichever occurs first.
(2) If any exhibit is not withdrawn from the clerk’s office within 30 days after the
person or persons to whom it belongs are given written notice to claim it, the clerk
may destroy the exhibit or otherwise dispose of it as the court may approve.
LBR 9071-1. STIPULATION
(a) General.
(1) Oral Stipulation. An oral stipulation will be enforceable by the court if made and
approved in open court.
(2) Written Stipulation. A written stipulation entered into pursuant to these rules
must be filed with the court, but will not be effective until a separate order thereon
is entered.
(3) Order on Stipulation. An order on a stipulation must be prepared and lodged in
accordance with LBR 9021-1(b)(2).
(b) Stipulation Requiring Notice under FRBP 4001(d) or 9019.
(1) Unless otherwise ordered by the court, the notice requirement of FRBP 4001(d) or
FRBP 9019 may be satisfied by either serving the motion on each of the entities
specified in the applicable rule when it is filed or by serving on such entities a
motion for approval of the proposed settlement stipulation pursuant to LBR 9013-
1(o).
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LBR 9075-1
(2) A stipulation requiring notice under either FRBP 4001(d) or FRBP 9019 requires
approval by the court.
LBR 9074-1. TELEPHONIC APPEARANCES AT COURT HEARINGS
A party who wishes to appear telephonically at a court hearing must consult the court’s web
site to determine whether a telephonic appearance on a particular matter is permissible and to
obtain the judge’s procedure for requesting and making a telephonic appearance.
LBR 9075-1. EMERGENCY MOTIONS AND APPLICATIONS FOR ORDERS
SETTING HEARING ON SHORTENED NOTICE
(a) Emergency Motion.
(1) Scope of Rule. An emergency motion requiring an order on less than 48 hours
notice must be obtained in accordance with this rule.
(2) Obtaining Hearing Date and Time. Unless otherwise ordered by the court, a
hearing date and time may be obtained by telephoning the chambers of the judge
to whom the case is assigned or such member of the judge’s staff as may be
designated to schedule hearings on emergency motions.
(A) The contact information for the designated member of the judge’s staff is
available in Appendix H of the Court Manual. Prior to telephoning
chambers, the court’s website should be consulted to determine whether the
judge has additional procedures or instructions for obtaining a hearing on an
emergency motion.
(B) The request for a hearing on less than 48 hours notice may be granted if the
party shows cause why a hearing is needed within 48 hours, and why the
court should set a hearing before the motion is filed and before a declaration
has been filed setting forth the need for a hearing on less than 48 hours
notice.
(3) Court Ruling on Request for Hearing. The request for a hearing on less than 48
hours notice will be determined by the court on the basis of the telephonic
communication, subject to the right of any party to object to the adequacy of
notice pursuant to subsection (c) of this rule. The court will promptly notify the
movant whether it approves or denies the movant’s request.
(4) Contents of Motion. The motion must: (A) state the relief requested, (B) comply
with any other applicable provisions of these rules regarding the relief requested,
and (C) be accompanied by the declaration of one or more competent witnesses
under penalty of perjury that (i) justifies the setting of a hearing on less than
48 hours notice and (ii) supports the granting of the motion itself on the merits.
A separate motion for an expedited hearing is not required under this rule.
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LBR 9075-1
(5) Telephonic Notice. Unless otherwise ordered by the court, immediately upon
obtaining a hearing date and time, movant must give telephonic notice of the
emergency hearing and the substance of the motion to the parties to whom notice
of the motion is required to be given under the FRBP and these rules, the United
States trustee, and any other party that is likely to be adversely affected by the
granting of the motion. Movant must also advise the parties by telephone whether
the motion will be served by email, fax, or personal service.
(6) Service of Motion. Unless otherwise ordered by the court, movant must serve the
motion by email, fax, or personal service on the parties set forth in subsection
(a)(5) not later than the time the motion is filed with the court.
(7) Filing of Motion. Unless otherwise ordered by the court, the motion must be filed
not later than 2 hours before the time set for the hearing and a judge’s copy served
on the judge in chambers in accordance with LBR 5005-2(d).
(8) Response to Motion. Any response, written or oral, to the motion may be
presented at the time of the hearing on the motion.
(9) Proof of Notice to be Presented at the Hearing. At the time of the hearing,
movant must present to the court and file (A) a declaration of the efforts made to
give telephonic notice of the hearing and substance of the emergency motion to
the parties set forth in subsection (a)(5) and (B) a proof of service of the motion.
(b) Order Setting Hearing on Shortened Notice.
(1) Scope of Rule. A party may request that a non-emergency motion be heard on
notice shorter than would otherwise be required by these rules. Such a request
must be made by written application consistent with court-approved form F 9075-
1.1.APP.SHORT.NOTICE, Application for Order Setting Hearing on Shortened
Notice (“application”). The application may be granted for good cause shown in
accordance with this rule.
(2) Contents of Application. Unless otherwise ordered by the court, the application
must:
(A) Describe the nature of the relief requested in the underlying motion, identify
the parties affected by the relief requested in the motion, and state the
reasons necessitating a hearing on shortened notice; and
(B) Be supported by the declaration of one or more competent witnesses under
penalty of perjury that justifies the setting of a hearing on shortened notice
and establishes a prima facie basis for the granting of the underlying motion.
(3) Filing of Application. An application must be filed with the clerk concurrently
with the motion that is to be heard on shortened notice.
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LBR 9075-1
(4) Service of Application. Unless otherwise ordered by the court, movant must
serve the application and the motion on each of the parties to whom notice of the
underlying motion is required to be given under the FRBP and these rules, the
United States trustee, and any other party that is likely to be adversely affected by
the granting of the underlying motion. A separate notice of the application is not
required.
(5) Proposed Order Setting Hearing on Shortened Notice. At the time the application
and underlying motion are filed, movant must lodge a separate proposed order
consistent with court-approved form F 9075-1.1.ORDER.SHORT.NOTICE,
Order Setting Hearing on Shortened Notice that (A) identifies the parties to whom
notice is proposed to be given; (B) states the nature and timing of the proposed
shortened notice, which must not be less than 48 hours; (C) states the means of
service, i.e., telephone, fax, email, personal service, or as ordered by the court;
and (D) contains appropriate blanks for the court to insert the date and time of the
hearing and the date for filing and serving the opposition.
(6) Court Ruling on Application. The application will be determined by the court on
the basis of the documents submitted with the application, subject to the right of
any party to object to the adequacy of notice pursuant to subsection (c) of this
rule. The court will promptly notify the movant of its decision on the application
and, if granted, the date and time set for the hearing.
(7) Notice of Hearing.
(A) If the application is granted, movant must serve the order setting the hearing
on shortened notice on each of the parties to whom notice of the underlying
motion is required to be served by the FRBP and these rules, the United
States trustee, any other party that is likely to be adversely affected by the
granting of the underlying motion, and as otherwise ordered by the court.
Notice must be given by telephone, fax, email, personal service, or as
ordered by the court.
(B) If the application is denied, movant may, unless otherwise ordered by the
court, set the underlying motion for hearing on regular notice and serve
notice of the hearing in accordance with LBR 9013-1(d).
(8) Proof of Service. Proof of service of all required documents must be filed at least
2 days before the hearing, unless otherwise ordered by the court.
(c) Objection to Timing of Hearing. At the hearing on the motion, any party may object
to the adequacy of the notice provided and seek a continuance for good cause shown.
143 12/17

Appendix I
LOCAL BANKRUPTCY RULES FORMS LIST
For a list of Local Bankruptcy Rules Forms
refer to the Forms/Local Bankruptcy Rules Forms tab on the
Court’s website www.cacb.uscourts.gov
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UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA
In re ) FOURTH AMENDED
) GENERAL ORDER 96-05
ATTORNEY DISCIPLINE PROCEDURES )
IN BANKRUPTCY COURT )
)
)
Applicability
This general order establishes a process for court wide discipline of attorneys in the
bankruptcy court.
These procedures shall apply when any judge of this court wishes to challenge the
right of an attorney to practice before this court or recommends the imposition of attorney
discipline intended to apply in all bankruptcy cases in this court.
Nothing in this general order is intended to limit or restrict the authority of any judge
to impose sanctions on any attorney in any case or cases assigned to that judge.
Initiation of Disciplinary Proceedings
If a bankruptcy judge wishes to initiate disciplinary proceedings under this general
order, that judge (the “Referring Judge”) shall prepare and file with the Clerk of Court a
LBR Appendix II
(revised 9/15/11)
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written Statement of Cause setting forth the judge’s basis for recommending discipline and
a description of the discipline the referring judge believes is appropriate.
The clerk shall open a case file, assign a miscellaneous case number, initiate a
docket for the file, select three bankruptcy judges of this district at random (excluding the
judge who filed the Statement of Cause) to serve on the Hearing Panel (the “Panel”) which
will determine whether the attorney shall be disciplined and, if so, the type and extent of
discipline. The most senior judge assigned to the Panel shall be the Presiding Judge. The
clerk shall prepare a Designation of Hearing Panel and Presiding Judge which shall include
a signature line for each of the designated judges. The signature of each judge shall certify
his or her acceptance of assignment to the Panel. Should any judge decline to serve, the
clerk shall select another judge to serve on the Panel, give written notice thereof to the other
judges on the Panel and issue a Supplemental Designation of Hearing Panel, which shall
contain a signature line for the newly appointed judge to accept the assignment.
Once the clerk has obtained the acceptance of three judges to serve on the Panel,
the clerk shall prepare a Notice of Assignment of Hearing Panel, which the clerk will serve
on the attorney named in the Statement of Cause (“the attorney”) and on the local Office of
the United States Trustee, along with a copy of the Statement of Cause and a copy of this
general order. The attorney may file a motion for recusal as to any of the judges assigned
to the Panel within 14 days of the service of the Notice of the Assignment of Hearing Panel
and serve the motion on the Office of the United States Trustee. That motion may be heard
by any judge other than the referring judge, any judge assigned to the Panel, or any judge
who has declined to serve on the Panel. The assignment of the recusal motion to a judge
shall be made at random by the clerk, who shall give notice of the recusal hearing to the
attorney and to the Office of the United States Trustee at least 14 days before the hearing
date.
LBR Appendix II
(revised 9/15/11)
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Once the period for bringing a recusal motion has terminated, or after disposition of
any recusal motion, the Presiding Judge shall advise the clerk of the date, time, and place
for the Disciplinary Hearing, whereupon the clerk shall prepare a Notice of Disciplinary
Hearing and mail the notice to the attorney and to the Office of the United States Trustee
at least 21 days before the hearing date.
Additional Input
The Panel or any member thereof may request additional information concerning
the conduct of the attorney in the subject case or any other case from the Referring
Judge, the United States Trustee and/or another judge(s) in this district. Any such
request (a “Request”) shall be writing and shall be filed in the disciplinary proceeding and
served on all members of the Panel, the attorney, the United States Trustee and the
party or parties to whom the Request is directed. The Request shall specify a deadline
for the response.
Any response(s) to a Request (a “Response”) shall be in writing and shall be filed
in the disciplinary proceeding and served on all members of the Panel, the attorney and
the United States Trustee. The attorney may file a written reply to a Response within 7
days after service of the Response. A copy of the reply shall be served on all members
of the Panel, the United States Trustee and the party who filed the Response.
Except in a Response or as otherwise authorized in this Order, the Referring
Judge shall not communicate with the Panel concerning the merits of a pending
disciplinary proceeding.
Hearing Procedures
The attorney may appear at the Disciplinary Hearing with legal counsel and may
present evidence:
(A) Refuting the statements contained in the Statement of Cause;
LBR Appendix II
(revised 9/15/11)
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(B) Refuting the statements contained in a Response;
(C) Mitigating the discipline (i.e., that, notwithstanding the validity of the
statements in the Statement of Cause or a Response, the attorney
should not be disciplined); and
(C) Bearing on the type and extent of disciplinary action appropriate
under the circumstances.
The Federal Rules of Evidence shall apply to the presentation of evidence at the
Disciplinary Hearing, and an official record of the proceedings shall be maintained as
through the Disciplinary Hearing were a contested matter as that term is defined in the
Federal Rules of Bankruptcy Procedure. The United States Trustee for the district may
appear at the hearing in person or by counsel and may participate in the presentation of
evidence as though she or he were a party to the proceeding. If the United States
Trustee wishes to appear at the hearing, she or he must file a Notice of Intent to Appear,
setting forth the purposes for the appearance, and serve that notice on the attorney at
least 14 days before the hearing. The Panel may disregard written statements or
declarations of innocence or in mitigation of the attorney’s conduct unless they are filed
with the court with copies delivered promptly thereafter to the chambers of each member
of the Panel at least 7 days prior to the hearing. Written statements presented to the
Panel for consideration as evidence by or on behalf of the attorney may be disregarded
by the Panel if the declarant is unavailable at the hearing for cross-examination and for
examination by the Panel.
Ruling
At the conclusion of the Disciplinary Hearing, the judges of the Panel will adjourn
to a private session to consider the matter. The ruling of the Panel will be made by
majority vote of the judges on the Panel. The Presiding Judge will assign to a judge in
the majority the task of drafting the Panel’s Memorandum of Decision setting forth the
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majority’s decision and its reasons. Any member of the Panel may issue a concurring or
dissenting opinion which will be made a part of the Memorandum of Decision.
If the Panel imposes discipline on an attorney, the Presiding Judge shall issue a
Discipline Order based on the Panel’s Memorandum of Decision. That order may
provide for any appropriate discipline, including but not limited to revocation or
suspension of the right to practice before all the judges of this court. A copy of the
entered Discipline Order shall be served on the attorney, all judges of the United States
Bankruptcy Court for the Central District of California (excluding any judges who elect not
to receive copies of such orders) and the United States Trustee. The attorney, the
Referring Judge and/or the United States Trustee may file a motion for rehearing,
clarification or more detailed findings (a “motion for rehearing”) within 14 days after entry
of the Discipline Order. (Nothing contained in this order precludes the Panel appointed in
a given disciplinary proceeding from concluding that a Referring Judge lacks standing to
file a motion for rehearing.)
The Discipline Order will become final 14 days after entry or, if a motion for
rehearing is filed, 14 days after entry of an order denying the motion for rehearing. The
same rule as to finality will apply to a new or revised Discipline Order, if one is issued by
the Panel after rehearing.
The Discipline Order shall be sent by the clerk to the Clerk of the District Court.
Should the Panel so order, a Discipline Order also may be transmitted by the clerk to the
State Bar of California or published in designated periodicals, or both.
If an attorney’s practice privileges have been revoked, modified, or suspended by
final order of a Panel, the attorney may not appear before any of the judges of this court
representing any other persons or entities except in compliance with the terms of the
Discipline Order.
LBR Appendix II
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Reinstatement
An attorney whose privileges have been revoked, modified, or suspended under
this general order may apply to the Chief Judge of this court for reinstatement of
privileges on the following schedule:
(A) If privileges were revoked without condition for an unlimited period of
time, the attorney may apply for reinstatement after five years from
the date the Discipline Order becomes final;
(B) If privileges were revoked or suspended with specified conditions
precedent to reinstatement, the attorney may apply for reinstatement
upon fulfillment of the conditions set forth in the Discipline Order;
and
(C) If privileges were suspended for a specified period of time, the
attorney may apply for reinstatement at the conclusion of the period
of suspension or five years after the Discipline Order becomes final,
whichever first occurs.
An Application for Reinstatement of Privileges must include a copy of the
Discipline Order, proof that all conditions justifying reinstatement have been fulfilled, and
proof that the applicant is in good standing before the United States District Court for the
Central District of California and is a member in good standing of the State Bar of
California. If the attorney’s privileges were revoked, or if the suspension was for a time
in excess of five years and was without any conditions precedent to reinstatement, it
shall be within the sole discretion of the Chief Judge whether to issue a reinstatement
order. If the Chief Judge determines that the attorney is entitled to reinstatement of
practice privileges, he or she may issue a Reinstatement Order. Upon entry of the
Reinstatement Order, the attorney affected thereby shall be deemed eligible to practice
before all the judges of this court except to the extent any judge of this court has issued
an order, other than under this rule, denying that attorney the right to appear before that
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judge or to appear in a particular case.
Upon entry, the clerk shall transmit a copy to all judges of this court and to the
attorney, the clerk of the District Court, and to the United States Trustee. In addition, if
the Discipline Order was sent to the State Bar or published, the Clerk shall transmit the
Reinstatement Order to the State Bar and publish it in the same publication, if possible.
If the Chief Judge does not grant the Application for Reinstatement of Privileges, he or
she shall issue an order denying the application together with a separate written
statement of the reasons for his or her decision. That order will become final 14 days
after entry.
If an attorney’s Application for Reinstatement of Privileges is denied, he or she
may reapply for reinstatement after one year from the date of entry of the order denying
the previous application or within such other time or upon fulfillment of such conditions
as may be set forth in the order denying reinstatement.
Maintenance of Discipline Files
Except to the extent that access to a particular file is restricted or prohibited by
order of the Chief Judge or the Panel to which the matter was assigned, (1) those files
shall be maintained in accordance with applicable law and rules for maintenance of
miscellaneous files of this court and shall be available for review and copying by
members of the public, and (2) orders, opinions and written memoranda issued in these
matters shall be published on the court’s website.
The clerk shall close a disciplinary file 30 days after entry of a dispositive order
(for example, an Order Re Revocation of Privileges or a Reinstatement Order) in that
proceeding unless within that time the clerk receives a Notice of Appeal of any order
rendered in the proceeding or other information justifying maintenance of the file in an
open status. The clerk shall reopen a disciplinary file upon the request of the attorney,
for the convenience of the court, or upon order of any judge of this court, whereupon the
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clerk shall advise the Chief Judge accordingly. So long as any disciplinary files remain
open, the clerk shall provide the Chief Judge a quarterly status report of all such open
files to which will be attached copies of their dockets. The Chief Judge may order any
such files closed when he or she deems it appropriate, consistent with the provisions
hereof and the status of any such matter.
Motion to Have Opinion Removed from Website
At any time after the entry of a Reinstatement Order, the attorney may apply to the
Chief Judge of this court for an order directing the Clerk to remove the Discipline Order
and any related opinion and memoranda from the court’s website. An application for this
relief must include a copy of the Discipline Order and the Reinstatement Order. It shall
be within the sole discretion of the Chief Judge whether to grant such an application.
Appeals
All orders issued pursuant to this rule shall be appealable to the extent permitted
by applicable law and rules of court.
IT IS SO ORDERED.
Date: September 15, 2011
/s/__________________
Peter H. Carroll
Chief Judge, United States Bankruptcy Court
1 1/11
APPENDIX III
ADOPTION OF MEDIATION PROGRAM FOR BANKRUPTCY CASES
AND ADVERSARY PROCEEDINGS
(Third Amended General Order No. 95-01)
1.0 PURPOSE AND SCOPE
The United States Bankruptcy Court for the Central District of California (the “Court”)
recognizes that formal litigation of disputes in bankruptcy cases and adversary proceedings
frequently imposes significant economic burdens on parties and often delays resolution of
those disputes. The procedures established herein are intended primarily to provide litigants
with the means to resolve their disputes more quickly, at less cost, and often without the
stress and pressure of litigation.
The Court also notes that the volume of cases, contested matters and adversary proceedings
filed in this district has placed substantial burdens upon counsel, litigants and the Court, all
of which contribute to the delay in the resolution of disputed matters. A Court-authorized
mediation program, in which litigants and counsel meet with a mediator, offers an
opportunity for parties to settle legal disputes promptly, less expensively, and to their mutual
satisfaction. The judges of the Court hereby adopt the Mediation Program for Bankruptcy
Cases and Adversary Proceedings (the “Mediation Program”) for these purposes.
It is the Court’s intention that the Mediation Program shall operate in such a way as to allow
the participants to take advantage of and utilize a wide variety of alternative dispute
resolution methods. These methods may include, but are not limited to, mediation,
negotiation, early neutral evaluation and settlement facilitation. The specific method or
methods employed will be those that are appropriate and applicable as determined by the
mediators and the parties, and will vary from matter to matter.
Nothing contained herein is intended to preclude other forms of dispute resolution with the
consent of the parties.
2.0 CASES ELIGIBLE FOR ASSIGNMENT TO THE MEDIATION PROGRAM
Unless otherwise ordered by the judge handling the particular matter (the “Judge”), all
controversies arising in an adversary proceeding, contested matter, or other dispute in a
bankruptcy case are eligible for referral to the Mediation Program.
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3.0 PANEL OF MEDIATORS
3.1 Selection
a. The Court shall establish and maintain a panel (“Panel”) of qualified
professionals who have volunteered and been chosen to serve as a mediator
(“Mediator”) for the possible resolution of matters referred to the Mediation
Program. The Panel shall be comprised of both attorneys and non-attorneys.
b. Applicants shall submit an Application (in the form attached) (the
“Application”) to the judge appointed as the administrator of the Mediation
Program (the “Mediation Program Administrator”), setting forth their
qualifications as described in Paragraph 3.3 below.
c. The judges of the Court will select the Panel from the applications submitted
to the Mediation Program Administrator. The judges will consider each
applicant’s training and experience in mediation or other alternative dispute
resolution, if any, as well as the applicant’s professional experience and
location. Appointments may be limited to keep the Panel at an appropriate
size and to ensure that the Panel is comprised of individuals who have broad
based experience, superior skills, and qualifications from a variety of legal
specialties and other professions.
3.2 Term. Mediators shall serve as members of the Panel for a term of three years
unless the Mediator is advised otherwise by the Court or submits a written request
to withdraw from the Panel to the Mediation Program Administrator. Reappointment
will occur at the judges’ discretion, and an application for reappointment is not
required.
3.3 Qualifications
a. Attorney Applicants. An attorney applicant shall certify to the Court in the
application that the applicant:
1. Is, and has been, a member in good standing of the bar of any state or
of the District of Columbia for at least 5 years;
2. Is a member in good standing of the federal courts for the Central
District of California;
3. Has served as a principal attorney of record in at least 3 bankruptcy
cases (without regard to the party represented) from case
commencement to conclusion or, if the case is still pending, to the
date of the Application, or has served as the principal attorney of
record for a party in interest in at least 3 adversary proceedings or
contested matters from commencement to conclusion or, if the case
is still pending, to the date of the Application; and
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4. Is willing to undertake to evaluate or mediate at least one matter each
quarter of each year, subject only to unavailability due to conflicts,
personal or professional commitments, or other matters which would
make such service inappropriate.
b. Non-Attorney Applicants. A non-attorney applicant shall certify to the Court
in the Application that the applicant has been a member in good standing of the
applicant’s particular profession for at least 5 years, and shall submit a
statement of professional qualifications, experience, training and other
information demonstrating, in the applicant’s opinion, why the applicant should
be appointed to the Panel. Non-attorney applicants shall make the same
certification required of attorney applicants contained in Paragraph 3.3.a.4.
3.4 Geographic Areas of Service. Applicants shall indicate on the Application all
counties within the Central District in which they are willing to serve. Applicants must
be willing to travel to all such counties to conduct Mediation Conferences.
4.0 ADMINISTRATION OF THE MEDIATION PROGRAM
The Chief Judge will appoint a judge of the Court to serve as the Mediation Program
Administrator. The Mediation Program Administrator will be aided by assigned staff members
of the Court, who will maintain and collect applications, maintain the roster of the Panel, track
and compile results of the Mediation Program, and handle such other administrative duties as
are necessary.
5.0 ASSIGNMENT OF MATTERS TO THE MEDIATION PROGRAM
5.1 Assignment by Request of Parties. A contested matter in a case, adversary
proceeding, or other dispute (hereinafter collectively referred to as “Matter” or
“Matters”) may be assigned to the Mediation Program if requested in writing by the
parties in the form attached as Official Forms 701 and 702.
5.2 Assignment by Judge. Matters may also be assigned by order of the Judge at a status
conference or other hearing. While participation by the parties in the Mediation
Program is generally intended to be voluntary, the Judge, acting sua sponte or on the
request of a party, may designate specific Matters for inclusion in the Mediation
Program. The Judge may do so over the objections of the parties. If a Matter is
assigned to the Mediation Program by the Judge at a status conference or other hearing,
the parties will be presented with an order assigning the Matter to the Mediation
Program, and with a current roster of the Panel. The parties shall normally be given the
opportunity to confer and to select a mutually acceptable Mediator and an Alternate
Mediator from the Panel. If the parties cannot agree, or if the Judge deems selection
by the Judge to be appropriate and necessary, the Judge shall select a Mediator and an
Alternate Mediator from the Panel.
5.3 Assignment of Non-Panel Mediators. The Judge may, in his or her sole discretion,
appoint individuals who are not members of the Panel as the Mediator and Alternate
Mediator at the request of the parties and for good cause shown.
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5.4 Use of Official Court Order Assigning Matter to Mediation Program. The order
appointing the Mediator and Alternate Mediator and assigning a Matter to the
Mediation Program shall be in the form attached as Official Form 702 (“Mediation
Order”). The original Mediation Order shall be docketed and retained in the case or
adversary proceeding file and copies shall be mailed, by the party so designated by the
Judge, to the Mediator, the Alternate Mediator, the Mediation Program Administrator,
and to all other parties to the dispute.
5.5 Existing Case Deadlines Not Affected by Assignment to Mediation. Assignment to
the Mediation Program shall not alter or affect any time limits, deadlines, scheduling
matters or orders in the case, any adversary proceeding, contested matter or other
proceeding, unless specifically ordered by the Judge.
5.6 Disclosure of Conflicts of Interest. No Mediator may serve in any Matter in violation
of the standards regarding judicial disqualification set forth in 28 U.S.C. § 455.
a. Disclosure by Attorney Mediators. An attorney Mediator shall promptly
determine all conflicts or potential conflicts in the manner prescribed by the
California Rules of Professional Conduct and disclose same to all parties in
writing. If the attorney Mediator’s firm has represented one or more of the
parties, the Mediator shall promptly disclose that circumstance to all parties in
writing.
b. Disclosure by Non-Attorney Mediators. A non-attorney Mediator shall
promptly determine all conflicts or potential conflicts in the same manner as a
non-attorney would under the applicable rules pertaining to the non-attorney
Mediator’s profession and disclose same to all parties in writing. If the
Mediator’s firm has represented one or more of the parties, the Mediator shall
promptly disclose that circumstance to all parties in writing.
c. Report of Conflict Issue by Parties. A party who believes that the assigned
Mediator and/or the Alternate Mediator has a conflict of interest shall promptly
bring the issue to the attention of the Mediator and/or the Alternate Mediator,
as applicable, and shall disclose same to all parties in writing.
d. Resolution of Conflict Issue by Judge. If the Mediator and/or the Alternate
Mediator does not withdraw from the assignment, the issue shall be brought to
the attention of the Judge in writing by the Mediator, the Alternate Mediator,
or any of the parties in the form attached as Official Form 704. The notice shall
be filed with the Court, and copies of the notice shall be mailed to the Judge,
all of the parties to the dispute, their counsel, if any, the Mediator, the Alternate
Mediator, and the Mediation Program Administrator. The Judge will then take
whatever action(s) he or she deems necessary and appropriate under the
circumstances to resolve the conflict of interest issue.
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6.0 CONFIDENTIALITY
6.1 In General. No written or oral communication made, or any document presented,
by any party, attorney, Mediator, Alternate Mediator or other participant in
connection with or during any Mediation Conference, including the written
Mediation Conference statements referred to in Paragraph 7.8 below, may be
disclosed to anyone not involved in the Mediation, nor may any such communication
be used in any pending or future proceeding in this Court or any other court. All
such communications and documents shall be subject to all of the protections
afforded by FRBP 7068. Such communication(s) may be disclosed, however, if all
participants in the Mediation, including the Mediator, agree in writing to such
disclosure. In addition, nothing contained herein shall be construed to prohibit
parties from entering into written agreements resolving some or all of the Matter(s),
or entering into or filing procedural or factual stipulations based on suggestions or
agreements made in connection with a Mediation Program conference (“Mediation
Conference”).
6.2 Non-Confidentiality of Otherwise Discoverable Evidence. Notwithstanding the
foregoing, nothing herein shall require the exclusion of any evidence otherwise
discoverable merely because it is presented in the course of a Mediation Conference.
6.3 Written Confidentiality Agreement Required. The parties and the Mediator shall
enter into a written confidentiality agreement in the form attached as Official
Form 708.
6.4 Effect of Recorded Settlement Agreement on Confidentiality. An oral agreement
reached in the course of a Mediation Conference is not made inadmissible or
protected from disclosure if all of the following conditions are satisfied:
a. The oral agreement is recorded by a court reporter, tape recorder, or other
reliable means of sound recording;
b. The terms of the oral agreement are recited on the record in the presence of
the parties and the Mediator, and the parties express on the record that they
agree to the terms recited;
c. The parties to the oral agreement expressly state on the record that the
agreement is enforceable or binding or words to that effect; and
d. The recording is reduced to writing and the writing is signed by the parties
and their counsel, if any, within 3 days after it is recorded.
6.5 Effect of Written Settlement Agreement on Confidentiality. A written settlement
agreement prepared in the course of a Mediation Conference is not made
inadmissible or protected from disclosure if the agreement is signed by the settling
parties and their counsel, if any, and either of the following conditions are satisfied:
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a. The agreement provides that it is admissible or subject to disclosure, or
words to that effect; or
b. The agreement provides that it is enforceable or binding or words to that
effect.
6.6 Court Evaluation of Mediation Program Not Precluded by Confidentiality
Provisions. Nothing contained herein shall be construed to prevent Mediators,
parties, and their counsel, if any, from responding in absolute confidentiality to
inquiries or surveys by persons authorized by the Court to evaluate the Mediation
Program.
6.7 Confidentiality of Suggestions and Recommendations of Mediator. The
Mediator shall have no obligation to make any written suggestions or
recommendations but may, as a matter of discretion, provide counsel for the parties
(or the parties, where proceeding in pro per), with a written settlement
recommendation memorandum. No copy of any such memorandum shall be filed
with the Court or made available, in whole or in part, directly or indirectly, to the
Judge.
7.0 MEDIATION PROCEDURES
7.1 Selection of Mediator. Counsel for the parties (or the parties, where proceeding in
pro per), are encouraged to contact the proposed Mediator and Alternate Mediator
as soon as practicable (preferably before submitting the Mediation Order to the judge
for approval, if possible) to determine the availability of the Mediator and Alternate
Mediator to serve in the Matter.
7.2 Availability of Mediator. If the Mediator is not available to serve in the Matter, the
Mediator shall notify the parties, the Alternate Mediator, and the Mediation Program
Administrator of that unavailability by mail in the form attached as Official Form
703 as soon as possible, but no later than 7 days from the date of receipt of
notification of appointment. Upon notification of the Mediator’s unavailability
to serve, the Alternate Mediator shall automatically serve as the Mediator
without the necessity for further court order.
7.3 Availability of Alternate Mediator. If the Alternate Mediator is not available to
serve in the Matter, the Alternate Mediator shall notify the parties and the Mediation
Program Administrator of that unavailability by mail in the form attached as Official
Form 703 as soon as possible, but no later than 7 days from the receipt of notification
by the Mediator, pursuant to Paragraph 7.1 above, of the Mediator’s unavailability
to serve.
7.4 Selection of Successor Mediator.
a. By Parties. Within 7 days of receipt of the Alternate Mediator’s notification
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of unavailability, the parties shall choose a mutually acceptable Successor
Mediator and Successor Alternate Mediator by mail in the form attached as
Official Form 702. (This is the same Official Form which is used to appoint
the original Mediator and Alternate Mediator, as described in Paragraph 5.4
above. However, the word “Successor” must be inserted in the caption of
the Mediation Order in front of the words “Mediator” and “Alternate
Mediator”). The parties shall file such form with the Court and provide a
courtesy copy to the Judge and the Mediation Program Administrator.
b. By Judge. If the parties are unable to agree on a choice of Successor
Mediator and Successor Alternate Mediator, they shall notify the Judge and
the Mediation Program Administrator of their inability to do so by mail in the
form attached as Official Form 704. In that event, the Judge shall appoint the
Successor Mediator and Successor Alternate Mediator.
c. Use of Official Court Order Assigning Successor Mediator. When the
Successor Mediator and Successor Alternate Mediator have been chosen by
the parties and/or appointed by the Judge, the Judge shall execute an order
appointing the Successor Mediator and Successor Alternate Mediator in the
form attached as Official Form 702. (This is the same Official Form which
is used to appoint the original Mediator and Alternate Mediator, as described
in Paragraph 5.4 above. However, the word “Successor” must be inserted
in the caption of the Mediation Order in front of the words “Mediator” and
“Alternate Mediator”).
7.5 Initial Telephonic Conference. Promptly, but no later than 14 days of receipt of
notification of appointment, the Mediator shall conduct a telephonic conference with
counsel for the parties (or the parties, where appearing in pro per) to discuss ((a)
fixing a convenient date and place for the Mediation Conference, (b) the procedures
that will be followed during the Mediation Conference, (c) who shall attend the
Mediation Conference on behalf of each party, (d) what material or exhibits should
be provided to the Mediator before the Mediation Conference, and (e) any issues or
maters that it would be especially helpful to have the parties address in their written
Mediation Conference Statements.
7.6 Mediation Conference Scheduling. Also within 14 days of receipt of notification
of appointment, the Mediator shall give notice to the parties of the date, time and
place for the Mediation Conference. The Mediation Conference shall commence no
later than 30 days following the receipt of notification by the Mediator, and shall be
held in a suitable neutral setting such as the office of the Mediator, or at a location
convenient and agreeable to the parties and the Mediator.
a. Continuance of Mediation Conference. The date for the Mediation
Conference may be continued for a period not to exceed 30 days upon written
stipulation between the Mediator and the parties. The stipulation need not
be filed with the Court but the parties must mail a copy of it to the Judge and
the Mediation Program Administrator.
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b. Additional Continuance. At the written request of the parties and for good
cause shown, the Judge may, in his or her sole discretion, approve an
additional continuance of the Mediation Conference beyond the period
specified in Paragraph 7.6.a.
7.7 Mandatory Service of Mediation Order Prior to Mediation Conference. Prior
to the Mediation Conference, the parties’ counsel shall serve a copy of the Mediation
Order on the Mediator, Alternate Mediator, Mediation Program Administrator, and
all parties to the dispute.
7.8 Mediation Conference Statements. Each party shall submit a written Mediation
Conference statement (“Mediation Statement”) directly to the Mediator and to the
parties to the Mediation Conference no less than 7 days prior to the date of the initial
Mediation Conference, unless modified by the Mediator.
a. Format. Mediation Statements shall not exceed 10 pages, excluding exhibits
and attachments. Mediation Statements shall comply with all of the
requirements of Court Manual Section 2-5, unless such compliance is
excused by the Mediator.
b. Confidentiality. Mediation Statements shall be subject to all of the
protections afforded by the confidentiality provisions contained herein and
by FRBP 7068.
c. Statements Not Filed with Court. The Mediation Statements shall not be
filed with the Court, and the Judge shall not have access to them. In addition,
the phrase “CONFIDENTIAL — NOT TO BE FILED WITH THE
COURT” shall be typed on the first page of the Mediation Statements.
d. Mandatory Contents. Mediation Statements must:
1. Identify the person(s), in addition to counsel, who will attend the
Mediation Conference as representative(s) of the party, who have
authority to make decisions;
2. Describe briefly the substance of the dispute;
3. Address any legal or factual issue(s) that might appreciably reduce
the scope of the dispute or contribute significantly to settlement;
4. Identify the discovery that could contribute most to preparing the
parties for meaningful discussions;
5. Set forth the history of past settlement discussions, including
disclosure of any prior and any presently outstanding offers and
demands;
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6. Make an estimate of the cost and time to be expended for further
discovery, pretrial motions, expert witnesses and trial;
7. Indicate presently scheduled dates for further status conferences,
pretrial conferences, trial, or otherwise; and
8. Attach copies of the document(s) from which the dispute has arisen
(e.g., contracts), or the document(s) whose availability would
materially advance the purposes of the Mediation Conference.
e. Recommended Additional Contents. Parties may identify in the Mediation
Statements the person(s) connected to a party opponent (including a
representative of a party opponent’s insurance carrier) whose presence at the
Mediation Conference would substantially improve the prospects for making
the session productive. The fact that a person has been so identified shall
not, by itself, result in an order compelling that person to attend the
Mediation Conference.
f. Additional Mediation Statements for Mediator Only. Each party may
submit directly to the Mediator, for his or her eyes only, a separate
confidential Mediation Statement describing any additional interests,
considerations, or matters that the party would like the Mediator to
understand before the Mediation Conference begins. Such Mediation
Statements shall not exceed 10 pages, excluding exhibits and attachments,
and shall comply with all of the requirements of Court Manual Section 2-5
unless such compliance is excused by the Mediator.
7.9 Mandatory Attendance at Mediation Conference.
a. By Counsel. Counsel for each party who is primarily responsible for the
Matter (or the party, where proceeding in pro per) shall personally attend the
Mediation Conference and any adjourned session(s) of that conference,
unless excused by the Mediator for cause. Counsel for each party shall come
prepared to discuss all liability issues, all damage issues, and the position of
the party relative to settlement, in detail and in good faith.
b. By Parties. All individual parties, and representatives with authority to
negotiate and to settle the Matter on behalf of parties other than individuals,
shall personally attend the Mediation Conference and any adjourned
session(s) of that conference, unless excused by the Mediator for cause.
Each party shall come prepared to discuss all liability issues, all damage
issues, and the position of the party relative to settlement, in detail and in
good faith.
c. By Governmental Agencies. A unit or an agency of government satisfies
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this attendance requirement if represented by a person who has, to the
greatest extent feasible, authority to settle, and who is knowledgeable about
the facts of the case, the governmental unit’s position, and the procedures and
policies under which the governmental unit decides whether to accept
proposed settlements.
d. Telephonic Appearance. Any party or lawyer who is excused by the
Mediator from appearing in person at the Mediation Conference may be
required by the Mediator to participate by telephone. This decision is within
the Mediator’s sole discretion.
7.10 Consequences of Failure to Attend Mediation Conference and Other Violations
of Mediation Program Procedures. Willful failure to attend the Mediation
Conference and/or other violations of the Mediation Program procedures shall be
reported to the Judge by the Mediator by written notice in the form attached as
Official Form 705, and may result in the imposition of sanctions by the Judge. The
Mediator’s notice shall be filed with the Court and copies of the notice shall be
mailed to the Judge, all of the parties to the dispute, their counsel, if any, and the
Mediation Program Administrator. The Judge will then take whatever action(s) he
or she deems necessary and appropriate under the circumstances to resolve the issue
of such willful failure to attend the Mediation Conference and/or other violations of
the Mediation Program procedures.
7.11 Conduct at the Mediation Conference. The Mediation Conference shall proceed
informally. Rules of evidence shall not apply. There shall be no formal examination
or cross-examination of witnesses. The Mediator may conduct continued Mediation
Conferences after the initial session where necessary. As appropriate, the Mediator
may:
a. Permit each party (through counsel or otherwise) to make an oral
presentation of its position;
b. Help the parties identify areas of agreement and, where feasible, enter into
stipulations;
c. Assess the relative strengths and weaknesses of the parties’ contentions and
evidence, and explain as carefully as possible the reasoning of the Mediator
that supports these assessments;
d. Assist the parties, through separate consultation or otherwise, in settling the
dispute;
e. Estimate, where feasible, the likelihood of liability and the dollar range of
damages;
f. Help the parties devise a plan for sharing the important information and/or
conducting the key discovery that will assist them as expeditiously as
possible to participate in meaningful settlement discussions or to posture the
case for disposition by other means; and
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g. Determine whether some form of follow up to the Mediation Conference
would contribute to the case development process or to settlement.
7.12 Suggestions and Recommendations of Mediator. If the Mediator makes any oral
or written suggestions as to the advisability of a change in any party’s position with
respect to settlement, the attorney for that party shall promptly transmit that
suggestion to the client. The Mediator shall have no obligation to make an written
comments or recommendations, but may, as a matter of discretion, provide the
parties with a written settlement recommendation memorandum. No copy of any
such memorandum shall be filed with the Court or made available in whole or in part
directly or indirectly, to the Judge.
8.0 PROCEDURE UPON COMPLETION OF MEDIATION CONFERENCE
8.1 Upon the conclusion of the Mediation Conference the following procedures shall be
followed:
a. If Matter Settled. If the parties have reached an agreement regarding the
disposition of the Matter, the parties, with the advice of the Mediator, shall
determine who shall prepare the writing to dispose of the Matter. If
necessary, the parties may, with the Mediator’s consent, continue the
Mediation Conference to a date convenient for all parties and the Mediator.
Where required, they shall promptly submit a fully executed settlement
stipulation to the Judge for approval, and shall mail a copy to the Mediation
Program Administrator. The Judge will accommodate parties who desire to
place any resolution of a Matter on the record during or following the
Mediation Conference.
b. Mediator’s Certificate of Completion of Conference. Within 14 days of
the Mediation Conference, the Mediator shall file with the Court and serve
on the parties and the Mediation Program Administrator a certificate in the
form attached as Official Form 706, which shows whether there has been
compliance with the Mediation Conference requirements and whether or not
a settlement has been reached. Regardless of the outcome of the Mediation
Conference, the Mediator will not provide the Judge with any details of the
substance of the Mediation Conference.
c. Confidential Evaluation. In order to assist the Mediation Program
Administrator in compiling useful data to evaluate the Mediation Program
and aid the Court in assessing the efforts of the members of the Panel, the
Mediator shall provide a Mediation Conference Report to the Mediation
Program Administrator in the form attached as Official Form 709. The
Mediation Conference Report shall not be filed with the Court and the Judge
shall not have access to it. In addition, the phrase “CONFIDENTIAL —
NOT TO BE FILED WITH THE COURT” shall be typed on the first page
of the Mediation Conference Report.
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9.0 PRO BONO AND COMPENSATED SERVICE OF MEDIATORS
9.1 Mandatory Pro Bono Service. The Mediator shall serve on a pro bono basis and
shall not require compensation or reimbursement of expenses for the first full day of
at least one Mediation Conference per quarter per year. If, at the conclusion of the
first full day of the Mediation Conference, it is determined by the parties that
additional time will be both necessary and productive in order to complete the
Mediation Conference, then:
a. If the Mediator consents to continue to serve on a pro bono basis, the parties
may agree to continue the Mediation Conference; or
b. If the Mediator does not consent to continue to serve on a pro bono basis, the
Mediator’s compensation shall be on such terms as are satisfactory to the
Mediator and the parties, and shall be subject to the prior approval of the
Judge if the estate is to be charged with such expense.
9.2 Compensated Service Upon Completion of Mandatory Pro Bono Service. After
a Mediator has concluded at least one pro bono mediation for the particular quarter,
nothing herein shall prohibit the Mediator and the parties from agreeing that the
Mediator may be compensated for services rendered by the Mediator. The amount
of such compensation and the terms governing the amount and payment shall be as
agreed upon among the parties. If applicable, any party or parties to the mediation
may apply to the Judge for authorization to compensate the Mediator from property
of the estate. Nothing in this provision, however, shall require any party to
compensate a Mediator other than as may be mutually agreed upon among the parties
and the Mediator.
10.0 IMPLEMENTATION
10.1 The Mediation Program became effective on July 1, 1995.
10.2 Judge Barry Russell is appointed the Mediation Program Administrator.
LBR Appendix IV
APPENDIX IV
GUIDELINES FOR ALLOWANCE OF ATTORNEYS’ FEES
IN CHAPTER 13 CASES
THESE GUIDELINES GOVERN THE ALLOWANCE OF ATTORNEYS’ FEES IN
CHAPTER 13 CASES IN THIS DISTRICT.
AN ATTORNEY MAY RECEIVE AN ORDER APPROVING FEES UP TO THE
AMOUNTS SET FORTH HEREIN WITHOUT FILING A DETAILED APPLICATION
IF:
The attorney has filed with the court and served the chapter 13 trustee with the statement required
pursuant to Rule 2016 of the Federal Rules of Bankruptcy Procedure and a fully executed copy of
the “Rights and Responsibilities Agreement Between Chapter 13 Debtors and Their Attorneys,”
copies of which are available in the clerk’s office and in the chapter 13 trustees’ offices; and
No objection to the requested fees has been raised.
THE MAXIMUM FEE WHICH CAN BE APPROVED THROUGH THE PROCEDURE
DESCRIBED HEREIN IS:
$6,000 in a case in which the debtor is engaged in a business; or
$5,000 in all other cases;
IF AN ATTORNEY SEEKS ADDITIONAL FEES OR ELECTS TO BE PAID OTHER
THAN PURSUANT TO THESE GUIDELINES:
The attorney shall file and serve an application for fees in accordance with 11 U.S.C. § 330 and
331, Rules 2016 and 2002 of the Federal Rules of Bankruptcy Procedure and Local Bankruptcy
Rules 2016-1 and 3015-1, as well as the “Guide To Applications For Professional Compensation”
issued by the United States Trustee for the Central District of California.
In any event, on its own motion or the motion of any party in interest, the court may order a hearing
to review any attorney’s fee agreement or payment, in accordance with 11 U.S.C. § 329 and
Rule 2017 of the Federal Rules of Bankruptcy Procedure.
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