CASB — General Order 174

Source: https://www.casb.uscourts.gov/sites/casb/files/documents/general-orders/GO174.pdf

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UNITED STATES BANKRUPTCY COURT OCT 28 2009
SOUTHERN DISTRICT OF CALIFORNIA S8MllR·SD·ISBTRANKRUPTCY COURT
BY ICT OF CAUFORtAA
DE!'UTY

In re ) BANKRUPTCY GENERAL ORDER AMENDMENT OF LOCAL RULES ) OF THE UNITED STATES ) NO. 174 BANKRUPTCY COURT ) -----------)

Good cause appearing and given the upcoming amendments to the Federal Rules of Civil

Procedure and the Federal Rules ofBankruptcy Procedure, the Court orders as follows:

The Local Bankruptcy Rules are modified as indicated below:

1019-1. REQUIRED REPORTS. (c) within five seven (51) days after entry ofthe order for relief, file with the clerk and serve upon the United States Trustee and trustee, ifappointed, a verified schedule ofall property ofthe estate as ofthe date of conversion.

2002-1. APPLICABILITY OF RULE; NOTICES TO ALL CREDITORS AND PARTIES IN INTEREST (b) IO-Day 2-Day Notice (Motion to Extend Automatic Stay). The notice required under II U.S.C. § 362(c)(3)(B) to extend the automatic stay shall be served not later than ten seven (W 2) days after the order for relief.

3015-6. DUTY TO CONFER. The plan proponent and objecting party shall confer promptly after the § 341(a) meeting to attempt to resolve plan objections. Ifobjections cannot be resolved, then not later than ten seven (W 2) days before the confirmation hearing, the attorneys shall file declarations stating with specificity the nature and extent ofthe problem, why the court's assistance is required for its resolution, and the date on which the parties conferred. No declaration is required by a chapter 13 trustee when the basis for the objection is only a failure ofthe debtor to make plan payments.

3015-8. CONFIRMATION HEARING. (c) Notification of Courtroom Deputy of Matters to be Dismissed. For all matters or proceedings that have been calendared for hearing, it is the duty ofthe attorney for the objecting party to promptly advise the parties in interest, including the chapter 13 trustee, and the chapter 13 courtroom deputy by telephone if:

(1) the objection has been settled by stipulation ofthe parties; or

(2) the objection is to be withdrawn; and

(3) submit for filing the proper pleading disposing ofthe matter within ten seven (W1) days.

3015-10. ORDER CONFIRMING PLAN; DUTY OF DEBTOR'S ATTORNEY. The attorney for the debtor shall prepare and deliver to the chapter 13 trustee at the conclusion ofthe § 341(a) meeting the original and one (I) copy of an order confirming the chapter 13 plan. Ifa hearing on objections to confirmation results in the plan being confirmed, debtor's attorney shall deliver a confirmation order with one (I) copy to the chapter 13 trustee at the conclusion ofthe hearing. Any other orders resulting from the hearing shall be delivered with one (I) copy to the chapter 13 trustee within ten seven (W1) days ofthe conclusion ofthe hearing, unless otherwise ordered by the court.

3018-2. SUMMARY OF CLAIMS AND ACCEPTANCES AND REJECTIONS. (a) The proponent ofa chapter II plan shall file with the clerk all completed ballots not less than seven (7) bnsiness days prior to the confirmation hearing. The proponent shall simultaneously file with the clerk and serve on the United States Trustee a summary in the form prescribed by Local Form CSD 1151, SUMMARY OF BALLOTING ON CHAPTER 11 PLAN, showing:

3020-2. SCHEDULE OF ESTIMATED EXPENSES. No less than seven (7) bnsiness days before the date fixed for the confirmation hearing, the plan proponent shall file with the clerk and serve on the United States Trustee a schedule of the estimated costs ofadministration and any other monies required to be distributed upon the effective date ofthe plan, together with the documents required by Local Bankruptcy Rule 3018.

4001-6. SERVICE OF ORDER. Upon receipt ofthe entered order and in addition to serving the parties listed in Local Bankruptcy Rule 7054-3(b)(2), the party obtaining stay relief shall mail a conformed copy ofthe entered order to any persons affected by the order and shall file proofof service with the court no later than the next business day following the date of service.

7004-1. SERVICE OF PROCESS (a) Presentation of Summons for Issuance. (2) Ifthe statute oflimitations applicable to a claim in the complaint runs before the summons can be prepared and issued, the complaint shall be accepted by the clerk for filing without a summons. The summons shall thereafter be presented for issuance within two seven (2: 1) -eourt days after the filing ofthe complaint. (b) Alias Summons. An alias summons must be issued ifa summons is not timely ).served within the Ie-day 14-day period provided in Fed. R. Bankr. P. 7004(f The alias summons shall be prepared by counsel pursuant to Local Form CSD 3007, SUMMONS IN AN ADVERSARYPROCEEDING, with the word "ALIAS" typed above the word "SUMMONS" in the title and presented to the clerk along with a written request for the issuance ofthe alias 7004(f)summons. Service ofan alias summons is governed by Fed. R. Bankr. P. as ifit were an original summons.

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7016-2. EARLY CONFERENCE OF COUNSEL. (c) Certificate of Compliance and Notice of Hearing for Pre-trial Status Conference. No later than five seven (52) days after the Early Conference ofCounsel or Parties, ajoint CERTIFICATE OF COMPLIANCE, Local Form CSD 3018, signed by all parties or counsel shall be filed by the counsel for the plaintifftogether with Local Form CSD 3019, NOTICE OF PRE-TRIAL STATUS CONFERENCE. In advance of filing said NOTICE eP IIEARING FOR OF PRE-TRIAL STATUS CONFERENCE, it shall be the responsibility of plaintiff or its counsel to obtain a hearing date for the pre-trial status conference from the courtroom deputy and serve said notice on all other parties.

7016-6. MEDIATION PANEL PROCEDURES. (t) Mediation Procedure. (1) Time and Place. The mediator shall fix the time and place for the mediation conference, and any adjourned session. The time and place selected shall be reasonably convenient for the parties, and the parties shall be given at least fifteen fourteen (+5 11) days written notice ofthe initial conference. The conference shall be scheduled as soon as practicable but in no event more than forty-five (45) days after the mediator has been notified ofthe appointment. The mediator may, upon written stipulation ofthe parties filed with the court, grant one continuance ofthe conference, provided that the continuance granted does not extend the date of the conference to a date more than seventy-five (75) days after the mediator has been notified ofthe appointment. (g) Procedure upon Completion of Mediation Session. (2) The mediator shall prepare and file with the clerk, within ten fourteen (to 14) days, a Local Form CSD 4004, MEDIATOR'S CERTIFICATE OF COMPLIANCE, indicating whether a settlement was reached, and, if so, whether there was compliance with the settlement and mediation requirements ofthis rule.

7026-2. CONFERENCE REQUIRED. The court shall entertain no motion pursuant to Fed. R. Bankr. P. 7026 through 7037 unless counsel shall have previously met and conferred by telephone or in person concerning all disputed discovery issues. Unless relieved by court order upon good cause shown or agreement ofthe parties, counsel for the non-moving party shall meet with counsel for the moving party within ten fourteen (to l±) days of service ofa letter requesting such meeting and specifYing the terms ofthe discovery order to be sought. Ifcounsel for the moving party seeks to arrange such a conference and counsel for the non-moving party willfully refuses or fails to meet and confer, in the absence ofa prior order excusing such a meeting for good cause, the judge may order the payment ofreasonable expenses, including attorney's fees, pursuant to Fed. R. Bankr. P. 7037.

7054-3. PROCEDURES FOR SUBMISSION OF ORDERS AFTER HEARING. (b) Procedure by Lodgment - Contested Order or Judgment. (1) Notice of Lodgment. The party preparing the order or judgment and, if required, separate findings of fact and conclusions of law shall file the same together with a notice oflodgment. The notice shall conform to Local Bankruptcy Rule 9004 and shall be accompanied by a proofofservice on all opposing parties as provided in Fed. R. Bankr. P. 7005.

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The notice shall inform the opposing parties that any objections to the form and content ofthe proposed order or judgment must be filed and served within five seven (51) business days from the date of service ofthe originals. Fed. R. Bank:!. P. 9006(t) shaH not apply. Assembly sequence for documents is as follows: (3) Objections to Lodged Documents. Any party who opposes the entry of the lodged order, judgment, or separate findings offact and conclusions of law shall file an objection and an alternate order, judgment, or separate findings of fact and conclusions of law with the court. The alternate order, judgment, or separate findings offact and conclusions oflaw shall be filed and served on the preparing party within five seven (51) business days from the date of service ofthe original notice of lodgment and shall conform to Local Bankruptcy Rule 9004. Fed. R. Daub. P. 9006(t) shallllot apply. Notice ofLodgment ofan alternate order is not required. No further pleadings will be considered except upon leave of court.

RULE 9006-1. TIME FOR MOTIONS AND OPPOSITION.

(g). INACCESSIBILITY OF THE COURT. The Clerk's Office is "inaccessible" within

the meaning ofFed. R. Bankr. P. 9006 on any day when it is not available for both electronic filing ofdocuments and paper filing ofdocuments.

9013-5. TIME FOR SERVICE OF REPLY. Except as otherwise provided by an order shortening time, any reply memorandum must be filed and received by the adverse party the earlier of seven (7) days after service ofthe opposition or three (3) eourt- days prior to the date ofthe hearing. Service may be by facsimile upon prior agreement ofthe parties or upon court approval.

9014-4. TIME FOR SERVICE. (c) Time for Serving Opposition to Motion to Extend Automatic Stay Under 11 U.S.C. § 362(c)(3)(B) and Motion for Order Imposing Automatic Stay Under 11 U.S.C. § 362(c)(4)(B). Except as otherwise provided by an order shortening time, each party opposing a motion to extend automatic stay under 11 U.S.C. § 362(c)(3)(B) or a motion to impose the automatic stay under 11 U.S.C. § 362(c)(4)(B) shall serve that opposition on the movant's counsel, or, ifnone, the movant not later than ten fourteen (fflI4) days after service ofthe notice ofmotion, ifpersonally served. If served by mail, opposing party shall have thirteen seventeen (+3- 17) days as provided by Fed. R. Bankr. P. 9006(t). (d) Time for Serving Opposition to Motion for Approval of Disclosure Statement and Motion for Confirmation of Plan. Except as otherwise provided by an order shortening time, each party opposing a motion for approval of a disclosure statement or a motion for confirmation ofa plan shall serve that opposition on the movant's counsel, or, ifnone, the movant not later than twenty-fhe twenty-eight (25 28) days after service ofthe notice ofmotion, ifpersonally served. If served by mail, opposing party shall have tWCllty-eight thirty-one (ZlY1D days as provided by Fed. R. Bankr. P. 9006(t). (e) Reply Memorandum of Points and Authorities. Except as otherwise provided by an order shortening time, any reply memorandum must be filed and received by the adverse party the earlier of seven (7) days after service ofthe opposition or three (3) eourt-days prior to the date ofthe hearing. Service may be by facsimile upon prior agreement ofthe parties or upon court approval. No response to a reply is permitted without court order.

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9014-7. NOTIFICATION OF COURTROOM DEPUTY OF MATTERS TO BE WITHDRAWN, SETTLED OR DISMISSED. (a) Required Notice. For all matters or proceedings that have been calendared for hearing or conference, it is the duty ofthe attorney for the moving party to promptly advise the parties in interest and the judge's courtroom deputy by telephone of:

(1) matters or proceedings that have been settled by stipulation ofthe parties;
(2) matters or proceedings that have been or are being dismissed; and
(3) submit for filing the proper pleading disposing ofthe matter within
ten fourteen (ffl14) days.

The Local Bankruptcy Rules are amended to add the following new Rule 9006-1(g):

(g). INACCESSIBILITY OF THE COURT. The Clerk's Office is "inaccessible" within the meaning ofFed. R. Bankr. P. 9006 on any day when it is not available for both electronic filing ofdocuments and paper filing of documents.

IT IS FURTHER ORDERED that the period of comment is from now until

November 30,2009. Except as set forth in further order ofthis Court, the effective date ofthis order shall be December 1, 2009. Any comment should be submitted to the Clerk ofCourt at 325 West F Street, San Diego, California 92101-6991. Please note on the envelope: "In re 12/09 Amendments."

DATED: October 28, 2009

- eUT OF DISTRICT

PETER W. BOWlE JAMES W. MEYERS ChiefJudge, U.S. Bankruptcy Court Judge, U.S. Bankruptcy Court !~>f dMi:..----- DIL ~.TAYLORLOUISED ARLADLER 7Judge, U.. Bankruptcy Court Judge, U.S. Bankruptcy Court

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