CACB — Order to Extend Deadlines Pursuant to the Federal Rules of Bankruptcy Procedure and Bankruptcy Code

Source: https://www.cacb.uscourts.gov/sites/cacb/files/documents/general-orders/GO%2020-03.pdf

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2 MAR 23 2020

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5 UNITED STATES BANKRUPTCY COURT 6 CENTRAL DISTRICT OF CALIFORNIA

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8 ) 9 In re: ) ) 10 ORDER TO EXTEND DEADLINES ) PURSUANT TO THE FEDERAL RULES OF ) GENERAL ORDER 20-03 11 BANKRUPTCY PROCEDURE AND ) BANKRUPTCY CODE ) 12 )

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14 The Court hereby finds that on March 13, 2020, the President of the United States 15 declared a national emergency in response to COVID-19 outbreak. Based on guidance 16 received by the Court from national, state and local agencies, procedures have been put in 17 place by the United States Bankruptcy Court for the Central District of California and the United 18 States Trustee for Region 16 to limit the spread of COVID-19, including that the United States 19 Trustee for Region 16 has continued in-person § 341 meetings scheduled in all Chapter 7, 12 20 and 13 bankruptcy cases, including originally scheduled and continued meetings, pending in all 21 divisions of the Central District of California (Los Angeles, Santa Ana, Riverside, San Fernando 22 Valley, and Northern Divisions) beginning on Tuesday, March 17, 2020 through Friday, April 10, 23 2020 (the “Continued Cases”). 24 Based on the foregoing findings and the recently implemented procedures, the United 25 States Trustee’s Ex-Parte Motion to Extend Deadlines Pursuant to the Federal Rules of 26 Bankruptcy Procedure and Bankruptcy Code (filed as Misc. No. 20-MP-00101-MT), the national, 27

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1 state, and local states of emergency that have been declared in response to COVID-19, and

2 pursuant to 11 U.S.C. § 105(a), and good cause appearing therefore,

3 IT IS HEREBY ORDERED that United States Trustee’s Ex-Parte Motion Extending the

4 Deadlines Pursuant to the Federal Rules of Bankruptcy Procedure and Bankruptcy Code is

5 GRANTED.

6 IT IS FURTHER ORDERED that the deadlines for the Continued Cases shall be

7 extended as follows:

8 1. The deadline set under Federal Rule of Bankruptcy Procedure 1007 for debtors

9 in a Chapter 7 case to file the personal financial management course completion statement

10 required by Federal Rule of Bankruptcy Procedure 1007(b)(7) shall be extended, and the 60 day

11 time period set therein shall begin on the newly established date to commence the meeting of

12 creditors ( the “reset date”), provided that if the meeting is subsequently reset by the United

13 States Trustee and/or order of the Court, such period will begin on the last date to which such

14 meeting is reset;

15 2. The deadline set under Federal Rule of Bankruptcy Procedure 1017(e) for United

16 States Trustee to file a motion to dismiss for abuse shall be extended, and the 60 day time

17 period set therein shall begin on the reset date for the meeting of creditors, provided that if the

18 meeting is subsequently reset by the United States Trustee and/or order of the Court, such

19 period will begin on the last date to which such meeting is reset;

20 3. The deadline set under Federal Rule of Bankruptcy Procedure 2003(a) setting

21 deadlines for holding § 341 meetings shall be extended as follows: in a chapter 7 liquidation

22 case the deadline for the initial meeting of creditors to take place shall be extended from 40

23 days after the order for relief to a later date to be determined. In a chapter 12 case, the

24 deadline for the initial meeting of creditors to take place shall be extended from 35 days after

25 the order for relief to a later date to be determined. In a chapter 13 case, the deadline for the

26 initial meeting of creditors to take place shall be extended from 50 days after the order for relief

27 to a later date to be determined;

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1 4. The deadline set under Federal Rule of Bankruptcy Procedure 4004(a) for

2 objections to the debtor’s discharge shall be extended, and the 60 day time period set therein

3 shall begin on the reset date for the meeting of creditors, provided that if the meeting is

4 subsequently reset by the United States Trustee and/or order of the Court, such period will

5 begin on the last date to which such meeting is reset;

6 5. The deadline set under Federal Rule of Bankruptcy Procedure 4007(c) for filing a

7 complaint as to the dischargeability of certain debts under § 523(c) shall be extended, and the

8 60 day time period set therein shall begin on the reset date for the meeting of creditors,

9 provided that if the meeting is subsequently reset by the United States Trustee and/or order of

10 the Court, such period will begin on the last date to which such meeting is reset;

11 6. The deadline set under Federal Rule of Bankruptcy Procedure 4008(a) for filing a

12 reaffirmation agreement shall be extended, and the 60 day time period set therein shall begin on

13 the reset date for the meeting of creditors, provided that if the meeting is subsequently reset by

14 the United States Trustee and/or order of the Court, such period will begin on the last date to

15 which such meeting is reset; and,

16 7. The deadline under 11 U.S.C. § 1308(a) for filing tax returns shall be extended

17 such that the deadline shall be the day before the initial reset date for the meeting of creditors,

18 and the deadlines under 11 U.S.C. § 521(e) and Local Bankruptcy Rule 3015-1 (b), (c), (e), (k)

19 and (m) for filing documents, for submission of documents and for submission of plan payments

20 to the Chapter 13 trustee shall be based on the first reset date for the meeting of creditors.

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22 IT IS SO ORDERED.

23 Date: March 23, 2020 24

25 Maureen A. Tighe Chief Judge, United States Bankruptcy Court 26

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