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

Source: https://www.cacb.uscourts.gov/sites/cacb/files/documents/general-orders/GO%2020-04.pdf

1 2 3 JUN 30 2020 4 5 6 7 8 UNITED STATES BANKRUPTCY COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 IN RE: PROCEDURES FOR GENERAL ORDER 20-04 PHASED REOPENING DURING 12 COVID-19 PUBLIC EMERGENCY 13 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 in light of the reopening of the courthouses in the district under 17 the Plan for Phased Resumption of Operations of the United States District Court, 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 be open to accept in-person filings. 21 a. Face Coverings. Anyone not wearing a face covering without 22 an approved medical exemption or anyone not observing posted 23 social distancing rules may be refused service. 24 b. Public Computers and Electronic Kiosks. At the discretion of the Clerk 25 of Court, public computers and electronic kiosks may be disabled 26 until methods can be developed to reduce any spread of infection 27 through their use. 28

-1-

1 c. Cash Payments. Cash will not be accepted for filing or copying fees 2 unless an exception is made by the Clerk of Court. 3 2. In-Person Hearings. As physical access to the United States Bankruptcy 4 Court is now permitted, individual judges assigned to cases may hold matters 5 in person in the courtroom or continue to hear matters remotely through 6 telephonic or by video service. 7 a. Remote Access. Through December 31, 2020, remote access to 8 all non-evidentiary hearings will be permitted, even where in-person 9 hearings are held. 10 b. Evidentiary Hearings and Trials. The requirement to appear in person 11 or remotely for evidentiary hearings and trials will be determined on 12 a case-by-case basis by the assigned judge. Specific concerns should 13 be brought to the attention of the assigned judge. 14 c. Face Coverings. Unless the person has a medical exemption, 15 face coverings are required in public areas and also when entering 16 a courtroom. The presiding judge will determine whether face 17 coverings may be removed in the courtroom. 18 3. Self-Represented Filings. Individuals filing bankruptcy without an attorney 19 may file in person, by mail, or through the court’s Electronic Self- 20 Representation module. The rules for such filings are posted on the court’s 21 website. (https://www.cacb.uscourts.gov/filing-without-an-attorney) 22 4. Mediations. Mediations may resume and are in the discretion of the mediator 23 as to whether to proceed in-person or remotely. 24 5. Judges’ or Courtesy Copies. Except for documents over 25 pages, including 25 exhibits, the requirement to deliver judges’ copies of documents to chambers 26 (LBR 5005-2(d)) continues to be temporarily suspended – including delivery 27 via U.S. mail, personal delivery, or any other means. Documents over 28 25 pages should still be provided unless the judge’s specific updated

-2-

1 instructions have waived that requirement. Parties are reminded that 2 the judge and chambers’ staff do not receive electronic notices of filings, 3 and therefore, (a) for documents that are filed late, and (b) for matters that 4 are either (i) not set for hearing, or (ii) not the subject of an electronically 5 uploaded order (LOU), parties must contact the chambers of the presiding 6 judge and advise chambers of the filing. 7 6. Signatures. Local Bankruptcy Rule 9011-1 does not require in person contact 8 as it permits an attorney to receive a signature page by electronic means. 9 Nothing in the rule precludes the filing of a signature page that has been 10 received by facsimile, pdf, text or photo. This signature can be filed 11 separately in whatever format is reasonably possible so that there is a clear 12 indication that the signor has read and is signing the actual document filed. 13 a. In light of the difficulty of obtaining any paper files during 14 this emergency, the requirement of LBR 9011-1(d) to maintain 15 a wet signature for 5 years is temporarily suspended and the attorney 16 should maintain the electronic transmission of the client to file 17 the document in whatever format is reasonable at this time. 18 b. If there is a situation where a client cannot transmit a signature 19 electronically either due to lack of required technology or internet 20 access, etc., the attorney should so explain the circumstances 21 with the filing, verify that permission was obtained from the client 22 to sign the document on their behalf, and obtain the signature 23 as soon as possible after the filing through another means. 24 7. Phased Reopening Plans. The court’s COOP will remain in place and 25 be modified gradually as necessary. Details of these modifications will be 26 posted on the court’s website and communicated to staff as they are 27 implemented. 28

-3-

1 a. Individual Courthouses May Be Closed. Should local suspected 2 or confirmed cases of COVID-19 or local, state and federal guidance 3 change, individual bankruptcy court divisions may be closed without 4 further order in the discretion of the Chief Bankruptcy Judge 5 after appropriate consultation. Signs will be posted on the doors 6 of the division affected and directions provided for obtaining needed 7 court services. No further orders will be issued for such temporary 8 closures made pursuant to the ongoing COOP. 9 10 IT IS SO ORDERED. 11 12 DATED: June 30, 2020 13 14 15 Maureen A. Tighe Chief Judge, United States Bankruptcy Court 16 17 18 19 20 21 22 23 24 25 26 27 28

-4-