CACB — Procedures for Phased Reopening During COVID-19 Public Emergency

Source: https://www.cacb.uscourts.gov/sites/cacb/files/documents/general-orders/GO%2020-05.pdf

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8 UNITED STATES BANKRUPTCY COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 IN RE: PROCEDURES FOR GENERAL ORDER 20-05 PHASED REOPENING DURING 12 COVID-19 PUBLIC EMERGENCY

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14 Upon consideration of the continuation of the Continuity of Operations Plan 15 (“COOP”) implemented on March 18, 2020, in response to the ongoing COVID-19 16 pandemic, and to clarify the operations of the United States Bankruptcy Court in light of 17 the United States District Court General Order 20-09, entered on August 6, 2020, 18 IT IS HEREBY ORDERED as follows: 19 1. Intake Areas of Bankruptcy Court May Open. All Intake areas of the United 20 States Bankruptcy Court will continue to be open to accept in-person filings in 21 light of the difficulty many self-represented litigants have in accessing 22 electronic filings and the increasing economic difficulties faced by many 23 during this pandemic. 24 a. Face Coverings. Anyone not wearing a face covering without 25 an approved medical exemption or anyone not observing posted 26 social distancing rules may be refused service. 27 b. Public Computers and Electronic Kiosks. At the discretion of the Clerk 28 of Court, public computers and electronic kiosks may be disabled

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1 until methods can be developed to reduce any spread of infection

2 through their use.

3 c. Cash Payments. Cash will not be accepted for filing or copying fees

4 unless an exception is made by the Clerk of Court.

5 2. In-Person Hearings. As physical access to the United States Bankruptcy

6 Court continues to be permitted where the assigned judge has determined

7 that remote hearings are not possible, individual judges assigned to cases

8 may hold matters in person in the courtroom or continue to hear matters

9 remotely through telephonic or by video service.

10 a. Remote Access. Through December 31, 2020, remote access to

11 all non-evidentiary hearings will be permitted, even where in-person

12 hearings are held.

13 b. Evidentiary Hearings and Trials. The requirement to appear in person

14 or remotely for evidentiary hearings and trials will be determined on

15 a case-by-case basis by the assigned judge. Specific concerns should

16 be brought to the attention of the assigned judge.

17 c. Face Coverings. Unless the person has a medical exemption,

18 face coverings are required in public areas and also when entering

19 a courtroom. The presiding judge will determine whether face

20 coverings may be removed in the courtroom.

21 3. Self-Represented Filings. Individuals filing bankruptcy without an attorney

22 may file in person, by mail, or through the court’s Electronic Self-

23 Representation module. The rules for such filings are posted on the court’s

24 website. (https://www.cacb.uscourts.gov/filing-without-an-attorney)

25 4. Mediations. Mediations may resume and are in the discretion of the mediator

26 as to whether to proceed in person or remotely.

27 5. Judges’ or Courtesy Copies. Except for documents over 25 pages, including

28 exhibits, the requirement to deliver judges’ copies of documents to chambers

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1 (LBR 5005-2(d)) continues to be temporarily suspended – including delivery

2 via U.S. mail, personal delivery, or any other means. Documents over

3 25 pages should still be provided unless the judge’s specific updated

4 instructions have waived that requirement. Parties are reminded that

5 the judge and chambers’ staff do not receive electronic notices of filings,

6 and therefore, (a) for documents that are filed late, and (b) for matters that

7 are either (i) not set for hearing, or (ii) not the subject of an electronically

8 uploaded order (LOU), parties must contact the chambers of the presiding

9 judge and advise chambers of the filing.

10 6. Signatures. Local Bankruptcy Rule 9011-1 does not require in-person contact

11 as it permits an attorney to receive a signature page by electronic means.

12 Nothing in the rule precludes the filing of a signature page that has been

13 received by facsimile, pdf, text or photo. This signature can be filed

14 separately in whatever format is reasonably possible so that there is a clear

15 indication that the signor has read and is signing the actual document filed.

16 a. In light of the difficulty of obtaining any paper files during

17 this emergency, the requirement of LBR 9011-1(d) to maintain

18 a wet signature for 5 years is temporarily suspended and the attorney

19 should maintain the electronic transmission of the client to file

20 the document in whatever format is reasonable at this time.

21 b. If there is a situation where a client cannot transmit a signature

22 electronically either due to lack of required technology or internet

23 access, etc., the attorney should so explain the circumstances

24 with the filing, verify that permission was obtained from the client

25 to sign the document on their behalf, and obtain the signature

26 as soon as possible after the filing through another means.

27 7. Phased Reopening Plans. The court’s COOP will remain in place and

28 be modified gradually as necessary. Details of these modifications will be

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1 posted on the court’s website and communicated to staff as they are

2 implemented.

3 a. Individual Courthouses May Be Closed. Should local suspected

4 or confirmed cases of COVID-19 or local, state and federal guidance

5 change, individual bankruptcy court divisions may be closed without

6 further order in the discretion of the Chief Bankruptcy Judge

7 after appropriate consultation. Signs will be posted on the doors

8 of the division affected and directions provided for obtaining needed

9 court services. No further orders will be issued for such temporary

10 closures made pursuant to the ongoing COOP.

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12 IT IS SO ORDERED.

13 DATED: August 6, 2020

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15 16 Maureen A. Tighe Chief Judge, United States Bankruptcy Court 17

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