CANB — Amended General Order 34 (effective January 1, 2023)

Source: https://www.canb.uscourts.gov/sites/default/files/general-orders/Amended_General_Order_34.pdf

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10 UNITED STATES BANKRUPTCY COURTCOURT
11 NORTHERN DISTRICT OF CALIFORNIA CALIFORNIA 12

OF 13 CHAPTER 13 DEBT ADJUSTMENT 14 CASESBANKRUPTCY 15 16 AMENDED GENERAL ORDER 34 DISTRICT (Effective January 1, 2023) 17STATES 1. Prior Version Superseded 18 The prior version of General Order 34 (effective from November 6, 2017) is 19 superseded by this General Order. 20UNITED NORTHERN 2. Mandatory Form Plan. 21 For chapter 13 cases filed or converted to chapter 13 on or after January 1, 2023, all 22 chapter 13 debtors, as well as the chapter 13 Trustee and holders of unsecured claims, when 23 proposing a plan or a plan modification pursuant to 11 U.S.C. §§ 1321, 1323 and 1329(a), 24 shall utilize the standard form chapter 13 plan, Form NDC 1-1 (effective January 1, 2023). 25 For chapter 13 cases filed or converted to chapter 13 on or before December 31, 26 2022, all chapter 13 debtors, as well as the chapter 13 Trustee and holders of unsecured 27 claims, when proposing a plan or a plan modification pursuant to 11 U.S.C. §§ 1321, 1323 28 AMENDED GENERAL ORDER 34 (EFFECTIVE JANUARY 1, 2023) 1/4

1 and 1329(a), shall continue to utilize the version of Form NDC 1-1 that was effective on the

2 date the chapter 13 debtor’s case was filed or converted to chapter 13.

3 3. Chapter 13 Debtor’s Duties.

4 In addition to the duties imposed on a chapter 13 debtor by the Bankruptcy Code,

5 the Federal Rules of Bankruptcy Procedure, applicable non-bankruptcy law and elsewhere in

6 the Bankruptcy Local Rules and General Orders, the following duties are imposed on all

7 chapter 13 debtors:

8 a. Documents Required by chapter 13 Trustee:

9 Not later than fourteen (14) days after the filing of the petition or conversion

10 of the case, Debtor shall provide to the chapter 13 Trustee:COURT
11 i. Form NDC 1-2 (Domestic Support Obligation Checklist), or CALIFORNIA 12 written notice of the name and address of each person to whom

OF 13 debtor owes a domestic support obligation, together with the 14 name and address of the relevant state child supportBANKRUPTCY 15 enforcement agency (See, 42 U.S.C. §§ 464 and 466);

16 ii. Form NDC 1-3 (Class 1 Checklist) for each Class 1 claim; DISTRICT
17 iii. Form NDC 1-4 (Authorization to Release Information toSTATES
18 Trustee Regarding Secured Claims Being Paid by the Trustee),

19 for each claim in Classes 1, 2, 3, 5 and 6;

20 b. Periodic Reports.UNITED NORTHERN
21 i. Tax Returns and Related Matters.

22 Upon the chapter 13 Trustee’s request, debtor shall provide the

23 Trustee with a copy of any tax return, W-2 and 1099 form filed

24 or received while the case is pending and furnish the Trustee

25 with periodic financial information regarding the debtor’s

26 business or financial affairs;

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AMENDED GENERAL ORDER 34
(EFFECTIVE JANUARY 1, 2023) 2/4

1 ii. Proof of Direct Payments to Secured Creditors -- Cases filed prior

2 to December 31, 2022.

3 Notwithstanding now superseded General Order 34 (effective

4 from November 6, 2017) or a confirmation order previously

5 entered, Debtor is not required to file and serve (a) reports of

6 the status of direct post-petition payments to each secured

7 creditor prior to the meetings of creditors or confirmation

8 hearings; and (b) quarterly reports regarding the status of post-

9 petition payments to each applicable secured creditor;

10 iii. Proof of Direct Payments to Secured Creditors – All Cases.COURT
11 In chapter 13 cases filed and confirmed after January 1, 2017, CALIFORNIA 12 every debtor shall file and serve on the chapter 13 Trustee a

OF 13 declaration under penalty of perjury stating that debtor has 14 made the post-petition payments debtor proposed in theBANKRUPTCY 15 chapter 13 plan to be made directly to each Class 1 creditor (the

16 “Declaration”). The Declaration shall be filed and served on the DISTRICT
17 Trustee annually on the anniversary of the confirmation of theSTATES
18 plan;

19 iv. Judge’s Discretion.

20 Any judge in this district may vary this procedure by postingUNITED NORTHERN
21 their requirements on their procedures page on the court’s

22 website. In the event a case is re-assigned to a different judge,

23 Debtor shall adhere to the procedures of the newly assigned

24 judge on a going-forward basis;

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AMENDED GENERAL ORDER 34
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1 v. Failure to File Annual Declarations.

2 The bankruptcy court may dismiss the chapter 13 case if the

3 debtor is not current on the post-petition payments or the

4 Declarations; and

5 vi. Additional reports may be required by the court.

6 IT IS SO ORDERED.

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8 January 1, 2023 _______________________________
Stephen L. Johnson
9 Chief Bankruptcy Judge
10COURT
11 CALIFORNIA 12

OF 13

14BANKRUPTCY 15

16 DISTRICT
17STATES
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AMENDED GENERAL ORDER 34
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