CANB — Bankruptcy Local Rules

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United States Bankruptcy Court

Northern District of California

Bankruptcy Local Rules (Effective May 4, 2026) Bankruptcy Local Rule 9039-1 (Effective May 4, 2026)

• 1-5(a) Clerk ;

• 1-5(b) Court (except that, where appropriate, District Court shall instead refer to Bankruptcy Court);

• 1-5(c) Day (except that FRCivP 6(a) shall instead refer to Bankruptcy Rule 9006(a));

• 1-5(d) Ex parte ;

• 1-5(e) File ;

• 1-5(f) FRCivP .;

• 1-5(i) Federal Rule ;

• 1-5(j) General Orders ;

• 1-5(k) General Duty Judge;

• 1-5(l) Judge ;

• 1-5(m) Lodge ;

• 1-5(n) Meet and Confer ;

• 1-5(o) Standing Orders of Individual Judges ;

• 1-5(p) Unavailability (except that Civil L.R. 77-1 shall instead refer to B.L.R. 1001-3);

• 3-1 Regular Session (except Eureka Division replaced by Santa Rosa Division);

• 3-4 Papers Presented For Filing (except that in subparagraph (a)(3)(C), District Judge and Magistrate Judge shall instead refer to Bankruptcy Judge); in subparagraph (b), FRCivP 42 shall instead refer to Bankruptcy Rule 7042; and subparagraph (c)(3) and subparagraph (e) shall not apply;

• 3-5(a) Jurisdictional Statement ;

• 3-6 Jury Demand (except that FRCivP 38(b) shall instead refer to Bankruptcy Rule 9015);

• 3-8 Claim of Unconstitutionality ;

• 3-9(a) Natural Persons Appearing Pro Se; (c) Government and Governmental Agency;

• 5-3 Facsimile Filings (except for the references to Civil L.R.s 3-3(a) and 5-1(a) and only when ECF filing is not required);

• 5-5 Certificate of Service (except where service is via ECF);

• 7-6 Oral Testimony Concerning Motion ;

• 7-12 Stipulations (except that orders submitted by ECF must be a separate document);

• 7-13 Notice Regarding Submitted Matters ;

• 10-1 Amended Pleadings ;

• 11-1 The Bar of this Court ;

• 11-2 Attorneys for the United States ;

• 11-3 Pro Hac Vice ;

• 11-4 (a)&(b) Standards of Professional Conduct .

• 11-5 Withdrawal from Case (except that the reference to an action in subparagraph (a) shall also refer to a bankruptcy case and to an adversary proceeding);

• 11-6 Discipline ;

• 11-7 Reciprocal Discipline and Discipline Following Felony Conviction ;

• 11-8 Sanctions for Unauthorized Practice ;

• 11-9 Student Practice ;

• 26-1 Custodian of Discovery Documents ;

• 30-1 Required Consultation Regarding Scheduling ;

• 30-2 Numbering of Deposition Pages and Exhibits ;

• 33-1 Form of Answers and Objections ;

• 33-2 Demands that a Party Set Forth the Basis for a Demand of a Requested Admission ;

• 33-3 Motions for Leave to Propound More Interrogatories Than Permitted by FRCivP 33 ;

• 34-1 Form of Responses to Requests for Production ;

• 36-1 Form of Responses to Requests for Admission ;

• 36-2 Demands that a Party Set Forth the Basis for a Denial of a Requested Admission ;

• 37-1 Procedures for Resolving Disputes (except that District Judge or Magistrate Judge shall instead refer to Bankruptcy Judge);

• 37-2 Form of Motions to Compel (except for references to Civil L.R. 7);

• 37-3 Discovery Cut-Off; Deadline to File Motions to Compel ;

• 37-4 Motions for Sanctions under FRCivP 37 (except for references to Civil L.R. 7-2 and Civil L.R. 7-8);

• 40-1 Continuance of Trial Date; Sanctions for Failure to Proceed (except for the reference to Civil L.R. 7, which shall refer to only the incorporated provisions of that rule);

• 54-1 through 54-4 Matters Regarding Costs (except for the last sentence of 54-4(b));

• 54-5 Motion for Attorney's Fees (except for references to Civil L.R.s 6-2 and 6-3);

• 56-1 Notice of Motion (for summary judgment or summary adjudication, except that references to Civil L.R.s 7-2 and 7-3 shall instead refer to B.L.R. 7007-1);

• 56-2 Separate or Joint Statement of Undisputed Facts ;

• 56-3 Issues Deemed Established ;

• 65-1 Temporary Restraining Orders ;

• 65.1-1 Security ;

• 77-1(b) Hours (except Offices of the Clerk shall instead refer to Offices of the Bankruptcy Court Clerk, and the Bankruptcy Court's website is https://www.canb.uscourts.gov ).

• 77-3 Remote Public Access to Court Proceedings (except subparagraph (b)(2) and subparagraph (c) shall not apply);

• 77-4 Official Notices (except in subparagraph (b), the Bankruptcy Court's website is located at http://www.canb.uscourts.gov ) ;

• 77-5 Security of the Court ;

• 77-6 Weapons in the Courthouse and Courtroom ;

• 77-8 Complaints Against Judges ;

• 79-3 Files; Custody and Withdrawal ;

• 79-4 Custody and Disposition of Exhibits and Transcripts (except that, unless ordered by the court, exhibits admitted into evidence under seal and portions of the record ordered sealed are not available for public inspection);

• 79-5 Filing Documents Under Seal (except for references to Civil L.R. 7-11);

(1) Accept the petition and any other pleadings presented with the petition on behalf of the division of proper intradistrict venue as determined consistent with the venue rules of 28 U.S.C. § § 1408 and 1410,

(2) Obtain the proper division's case number,

(3) Place that number on the petition and other pleadings, and

(4) Promptly open the bankruptcy case in ECF and enter the petition and other pleadings on the docket in the division of proper intradistrict venue.

(1) Accept the notice of removal and any other pleadings presented with the notice of removal on behalf of the division of proper intradistrict venue as determined in accordance with subparagraph (a),

(2) Obtain the proper division's adversary proceeding number,

(3) Place that number on the notice of removal and other pleadings, and

(4) Promptly open an adversary proceeding in ECF and enter the notice of removal and other pleadings on the docket in the division of proper intradistrict venue.

A debtor who wishes to dismiss a pending chapter 13 case that has not previously been converted shall file a “Notice of Voluntary Dismissal Pursuant to 11 U.S.C. § 1307(b)”. This Notice shall be executed by the debtor(s) under penalty of perjury and shall attest that the case to be dismissed has not previously been converted under 11 U.S.C. §§ 706, 1112, or 1208. At the same time that the debtor files this Notice, they shall submit an Order of Dismissal.

(1) Debtor(s);

(2) Attorney representing the debtor(s) (if any);

(3) Bankruptcy case trustee (if any);

(4) United States Trustee;

(5) All parties having appeared in opposition to the pro se party or to a party represented by the attorney, by having filed a complaint, motion, application, objection or similar document, or a response to such a filed document; and

(6) All persons or entities having appeared by filing a Notice of Appearance, a Request for Notice or any similar document requesting notice.

Unless otherwise directed by the court, the trustee or debtor in possession may give notice of a proposed investment of bankruptcy estate assets in a Designated Fund to the United States trustee, all creditors, indenture trustees, and committees elected pursuant to § 705 or appointed pursuant to § 1102 of the Code, and shall file such notice with the court, together with a copy of the Designated Fund's prospectus. A party in interest may file and serve an objection within 14 days of the mailing of the notice, or within the time fixed by the court. If a timely objection is made, the court shall set a hearing on notice to the United States trustee and to other entities as the court may direct. If no objection is made, the trustee or debtor in possession may proceed with the investment.

For purposes of this rule, a "Designated Fund" is an open-end management investment company that is registered under the Investment Company Act of 1940, regulated as a "money market fund" pursuant to Rule 2a-7 under the Investment Company Act of 1940, invests exclusively in United States Treasury bills and United States Treasury Notes owned directly or through repurchase agreements, has received the highest money market fund rating from a nationally recognized statistical rating organization, such as Standard & Poor's or Moody's, has agreed to redeem funds shares in cash, with payment being made no later than the business day following a redemption request by a shareholder (except in the event of an unscheduled closing of Federal Reserve Banks or the New York Stock Exchange), and has adopted a policy that it will notify its shareholder 60 days prior to any change in its policy to invest exclusively in Treasury securities as described above or to redeem fund shares in cash no later than the business day following a redemption request by the shareholder (with limited exceptions for unscheduled closings of Federal Reserve Banks or the New York Stock Exchange).

(1) Moving, storage, or preservation of estate assets;

(2) Bank charges for research or copies;

(3) Court reporting fees;

(4) Filing and process serving;

(5) Notary fees;

(6) Recording fees;

(7) Deposition/transcript fees;

(8) Witness fees;

(9) Locate and move assets;

(10) CA Franchise Tax Board annual tax;

(11) Locksmith;

(12) Security services to safeguard debtor’s real or personal property;

(13) Utilities;

(14) Expenses related to the preparation of real property for sale, such as hauling and cleaning expenses;

(15) Costs to advertise sale;

(16) Insurance;

(17) Rent;

(18) Obligations to taxing agencies arising under 11 U.S.C. § 507(a)(2), provided the estate is and is likely to remain administratively solvent; and

(19) Obligations to taxing agencies arising under 11 U.S.C. § 503(b)(1)(B), but not preconversion tax obligation;

(20) Bond premiums required by 11 U.S.C. § 322(a); and

(21) Charges for storage of the debtor’s records to prevent the destruction of those records and related necessary cartage costs.

a. a description of the post-petition obligations that have accrued and are unpaid;

b. all payments received post-petition;

c. the date each post-petition payment was received;

d. the date each post-petition payment was posted to the subject account, if different from the date received.

(a) Documents that are submitted for filing by mail, over the counter, or via drop box must: (i) bear the original ("wet") signatures of all Signatories (as defined in subsection (b), below); or (ii) bear a copy of an original ("wet") signature that has been electronically scanned or transmitted by facsimile.  Consistent with B.L.R. 5005-1(b), all attorneys practicing in this court, including those admitted pro hac vice , must file all documents using the court's Electronic Case Filing System (the " ECF System ").

(b) A document filed through the ECF System shall bear the typed name of each person purporting to have signed the document (a " Signatory ") and shall be deemed signed by a person when the document identifies that person as a Signatory and the filing complies with either subsection (b)(i), (ii), or (iii).  Any filing in accordance with any of these methods shall bind the Signatory as if the document were physically signed and filed, and shall function as the Signatory’s signature, whether for purposes of Rule 9011 of the Federal Rules of Bankruptcy Procedure, to attest to the truthfulness of an affidavit or declaration, or for any other purpose.

(i) In the case of a Signatory who is a Registered Participant (as defined in B.L.R. 5005-1(a)), such document shall be deemed signed, regardless of the existence of a physical signature on the document, provided that such document is filed using the user ID and password of the Signatory.

(ii) In the case of a Signatory who is a Registered Participant but whose user ID and password are not used to file the document via the ECF System, the Registered Participant who files the document bearing the Signatory's signature may verify the validity of such signature by obtaining - prior to filing the document - (1) a digital signature via any commercially available digital signature software that (aa) provides signature authentication; and (bb) maintains an audit log or trail that can be provided upon request by any party or upon court order; or (2) the Signatory's written concurrence in the filing of the document or pleading bearing their signature, in which case the filing of the document constitutes the filer's attestation that such concurrence has been obtained from each of the Registered Participant Signatories, which shall serve in lieu of their signatures on the filed document or pleading.

(iii) In the case of a Signatory who is not a Registered Participant, such as a debtor, a pro se party, or an attorney who is not a Registered Participant, the Registered Participant who files the document bearing the Signatory's signature may verify the validity of such signature by obtaining - prior to filing the document - (1) a digital signature via any commercially available digital signature software that (aa) provides signature authentication; and (bb) maintains an audit log or trail that can be provided upon request by any party or upon court order; (2) an original ink signature, (3) a copy of the original ink signature that has been electronically scanned, or (4) a copy of the original ink signature transmitted by facsimile .

(c) The provisions of subsection (b)(iii) of this Rule notwithstanding, in appropriate circumstances the Court may require that filers collect and retain original ink signatures of parties who are not Registered Participants.

(d) The filing of a document or pleading constitutes the filer's attestation that they have complied with this B.L.R. 5005-2.  Filers shall maintain records sufficient to prove their compliance with subsections (a), (b)(ii), and/or (b)(iii) hereof for a period of 1 year following the closure of the case or proceeding in which the document or pleading was filed.

FRCivP 38(a)-(d) applies in adversary proceedings.

(a) Appointment Order. Upon motion, oral request, stipulation, or sua sponte decision, a judge presiding over an adversary proceeding, bankruptcy case, or contested matter may appoint another available active or recalled United States Bankruptcy Judge to act as mediator or settlement judge.

(b) Process for Appointment. (i) Out-of-District Judicial Mediators or Settlement Judges. Pursuant to 28 U.S.C. § 152(a), all bankruptcy judges are appointed in a specific judicial district.  This means that they can perform judicial duties – including conducting settlement conferences or mediation – only in cases venued within their home district.  28 U.S.C. § 155(a) permits a bankruptcy judge to perform judicial duties outside their home district upon the approval of the Judicial Council of the relevant circuit.  The Ninth Circuit Judicial Council requires entry of an order authorizing a judge’s temporary assignment to another district prior to the commencement of work outside the home district.  Where the parties and/or the presiding judge wishes to appoint an out-of-district judge to serve as mediator or settlement judge, they must obtain an order authorizing that judge’s temporary assignment to the relevant district prior to the issuance of the appointment order and commencement of mediation or any settlement conference.

(ii) In-District Judicial Mediators or Settlement Judges/Out-of-District Judicial Mediators or Settlement Judges Following Temporary Assignment. Where the parties or presiding judge wish to appoint an in-district judge who has confirmed their availability and willingness to serve as a judicial mediator or settlement judge, or where the parties or presiding judge have obtained an order authorizing the temporary assignment of an out-of-district judge for purposes of conducting a mediation or settlement conference, the presiding judge must issue an order appointing the chosen judge as mediator or settlement judge.  The parties shall contact the chambers of the judicial mediator or settlement judge to obtain their proposed form of appointment order, and shall provide such order to the chambers of the presiding judge for entry through CM/ECF.

(c) Judicial Immunity and Other Protections. The service of any in- or out-of-district judge appointed as a judicial mediator or settlement judge shall constitute performance of their official duties as a federal judge.  Accordingly, the settlement judge or judicial mediator, and all persons assisting them, shall enjoy unqualified judicial immunity, as well as all other privileges, immunities, and protections afforded to a United State Bankruptcy Judge and to employees of the United States Courts with respect to any matters arising from or related to their role in conducting or facilitating the settlement conference or mediation.

(i) Waiver and Release of Claims Arising from or Relating to the Settlement or Mediation Process. By participating in judicial mediation or a judicial settlement conference, all parties to such proceedings, along with their agents, successors, and assigns, agree to forever waive and release any claims or causes of action against the judicial mediator or settlement judge, as well as all persons assisting such judge, that arise from or relate to the settlement or mediation process.

(ii) Waiver of Any Right to Compel Discovery from Settlement Judge or Judicial Mediator. Except as might be required by applicable law, the parties participating in judicial mediation or a judicial settlement conference, along with their agents, successors, and assigns, agree to waive any right to compel from the settlement judge or judicial mediator, or any persons assisting such judge, any testimony (oral or written); production of materials (including, without limitation, any records, reports, summaries, notes, emails or other correspondence, communications, or other materials) made, received, or transmitted by the settlement judge or judicial mediator or any person assisting such judge with the settlement or mediation process; or other participation in any subsequent or pending litigation, arbitration, or other proceeding of any kind related to the mediation or settlement conference.

The judicial mediator or settlement judge may, in their sole discretion, require the parties to sign an agreement memorializing their acknowledgment of judicial immunity and of the waivers described above.

(d) Disqualification. No judge may serve as a judicial mediator or settlement judge if that judge would be disqualified under (i) 28 U.S.C. § 144 if that judge were a district court judge presiding over the matter or proceeding; or (ii) 28 U.S.C. § 455 if that judge were a justice, judge, or other judicial officer presiding over the matter or proceeding in each case unless the parties consent in writing following disclosure.

No Resolution Advocate may serve in any Matter in violation of the standards set forth in 28 U.S.C. § 455. An attorney Resolution Advocate shall also promptly determine all conflicts or potential conflicts in the same manner as an attorney would under the California Rules of Professional Conduct if any party to the dispute were a client. A non-attorney Resolution Advocate shall promptly determine all conflicts or potential conflicts in the same manner as under the applicable rules pertaining to the Resolution Advocate's profession. If the Resolution Advocate's firm has represented one or more of the parties, the Resolution Advocate shall promptly disclose that circumstance to all parties in writing. A party who believes that the assigned Resolution Advocate has a conflict of interest shall promptly bring the matter to the attention of the Resolution Advocate. If the Resolution Advocate does not withdraw from the assignment, the matter shall be brought to the attention of the Court by the Resolution Advocate or any of the parties.

(a) All written and oral communications made in connection with or during any BDRP conference, including the BDRP statement referred to in B.L.R. 9045-1(d), shall be subject to all the protections afforded by Fed. R. Evid. 408 and by Bankruptcy Rule 7068. The Resolution Advocate may ask the parties to sign a confidentiality agreement provided by the Court.

(b) No written or oral communication made by any party, attorney, Resolution Advocate or other participant in connection with or during any BDRP conference may be disclosed to anyone not involved in the Matter. Nor may such communication be used in any pending or future proceeding in this Court to prove liability for or invalidity of a claim or its amount. Such communication may be disclosed, however, if all participants in the BDRP, including the Resolution Advocate, so agree. Notwithstanding the foregoing, this B.L.R. 9047-1 does not require the exclusion of any evidence:

(1) Otherwise discoverable merely because it is presented in the course of a BDRP conference; or

(2) Offered for another purpose, such as proving bias or prejudice of a witness, negativing a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.

(c) Nothing in this B.L.R. 9047-1 shall be construed to prevent parties, counsel or Resolution Advocates from responding in absolute confidentiality, to inquiries or surveys by persons authorized by this Court to evaluate the BDRP. Nor shall anything in this section be construed to prohibit parties from entering into written agreements resolving some or all of the Matter or entering or filing procedural or factual stipulations based on suggestions or agreements made in connection with a BDRP conference.

(a) If the parties have reached an agreement regarding the disposition of the Matter, the parties shall determine who shall prepare the writing to dispose of the Matter, and they may continue the BDRP conference to a date convenient to all parties and the Resolution Advocate if necessary. The Court will accommodate parties who desire to place any resolution of a Matter on the record during or following the BDRP conference. Where required, they shall promptly submit the fully executed stipulation to the Court for approval;

(b) The Resolution Advocate shall file with the Court and serve on the parties and the BDRP Administrator's staff assistant, within 14 days, a certificate in the form provided by the Court, showing whether there has been compliance with the BDRP conference requirements of these Local Rules, and whether or not a settlement has been reached. Regardless of the outcome of the BDRP conference, the Resolution Advocate will not provide the Court with any details of the substance of the conference.

• 1-5(a) Clerk ;

• 1-5(b) Court (except that, where appropriate, District Court shall instead refer to Bankruptcy Court);

• 1-5(c) Day (except that FRCivP 6(a) shall instead refer to Bankruptcy Rule 9006(a));

• 1-5(d) Ex parte ;

• 1-5(e) File ;

• 1-5(f) FRCivP .;

• 1-5(i) Federal Rule ;

• 1-5(j) General Orders ;

• 1-5(k) General Duty Judge;

• 1-5(l) Judge ;

• 1-5(m) Lodge ;

• 1-5(n) Meet and Confer ;

• 1-5(o) Standing Orders of Individual Judges ;

• 1-5(p) Unavailability (except that Civil L.R. 77-1 shall instead refer to B.L.R. 1001-3);

• 3-1 Regular Session (except Eureka Division replaced by Santa Rosa Division);

• 3-4 Papers Presented For Filing (except that in subparagraph (a)(3)(C), District Judge and Magistrate Judge shall instead refer to Bankruptcy Judge); in subparagraph (b), FRCivP 42 shall instead refer to Bankruptcy Rule 7042; and subparagraph (c)(3) and subparagraph (e) shall not apply;

• 3-5(a) Jurisdictional Statement ;

• 3-6 Jury Demand (except that FRCivP 38(b) shall instead refer to Bankruptcy Rule 9015);

• 3-8 Claim of Unconstitutionality ;

• 3-9(a) Natural Persons Appearing Pro Se; (c) Government and Governmental Agency;

• 5-3 Facsimile Filings (except for the references to Civil L.R.s 3-3(a) and 5-1(a) and only when ECF filing is not required);

• 5-5 Certificate of Service (except where service is via ECF);

• 7-6 Oral Testimony Concerning Motion ;

• 7-12 Stipulations (except that orders submitted by ECF must be a separate document);

• 7-13 Notice Regarding Submitted Matters ;

• 10-1 Amended Pleadings ;

• 11-1 The Bar of this Court ;

• 11-2 Attorneys for the United States ;

• 11-3 Pro Hac Vice ;

• 11-4 (a)&(b) Standards of Professional Conduct .

• 11-5 Withdrawal from Case (except that the reference to an action in subparagraph (a) shall also refer to a bankruptcy case and to an adversary proceeding);

• 11-6 Discipline ;

• 11-7 Reciprocal Discipline and Discipline Following Felony Conviction ;

• 11-8 Sanctions for Unauthorized Practice ;

• 11-9 Student Practice ;

• 26-1 Custodian of Discovery Documents ;

• 30-1 Required Consultation Regarding Scheduling ;

• 30-2 Numbering of Deposition Pages and Exhibits ;

• 33-1 Form of Answers and Objections ;

• 33-2 Demands that a Party Set Forth the Basis for a Demand of a Requested Admission ;

• 33-3 Motions for Leave to Propound More Interrogatories Than Permitted by FRCivP 33 ;

• 34-1 Form of Responses to Requests for Production ;

• 36-1 Form of Responses to Requests for Admission ;

• 36-2 Demands that a Party Set Forth the Basis for a Denial of a Requested Admission ;

• 37-1 Procedures for Resolving Disputes (except that District Judge or Magistrate Judge shall instead refer to Bankruptcy Judge);

• 37-2 Form of Motions to Compel (except for references to Civil L.R. 7);

• 37-3 Discovery Cut-Off; Deadline to File Motions to Compel ;

• 37-4 Motions for Sanctions under FRCivP 37 (except for references to Civil L.R. 7-2 and Civil L.R. 7-8);

• 40-1 Continuance of Trial Date; Sanctions for Failure to Proceed (except for the reference to Civil L.R. 7, which shall refer to only the incorporated provisions of that rule);

• 54-1 through 54-4 Matters Regarding Costs (except for the last sentence of 54-4(b));

• 54-5 Motion for Attorney's Fees (except for references to Civil L.R.s 6-2 and 6-3);

• 56-1 Notice of Motion (for summary judgment or summary adjudication, except that references to Civil L.R.s 7-2 and 7-3 shall instead refer to B.L.R. 7007-1);

• 56-2 Separate or Joint Statement of Undisputed Facts ;

• 56-3 Issues Deemed Established ;

• 65-1 Temporary Restraining Orders ;

• 65.1-1 Security ;

• 77-1(b) Hours (except Offices of the Clerk shall instead refer to Offices of the Bankruptcy Court Clerk, and the Bankruptcy Court's website is https://www.canb.uscourts.gov ).

• 77-3 Remote Public Access to Court Proceedings (except subparagraph (b)(2) and subparagraph (c) shall not apply);

• 77-4 Official Notices (except in subparagraph (b), the Bankruptcy Court's website is located at http://www.canb.uscourts.gov ) ;

• 77-5 Security of the Court ;

• 77-6 Weapons in the Courthouse and Courtroom ;

• 77-8 Complaints Against Judges ;

• 79-3 Files; Custody and Withdrawal ;

• 79-4 Custody and Disposition of Exhibits and Transcripts (except that, unless ordered by the court, exhibits admitted into evidence under seal and portions of the record ordered sealed are not available for public inspection);

• 79-5 Filing Documents Under Seal (except for references to Civil L.R. 7-11);

(1) Accept the petition and any other pleadings presented with the petition on behalf of the division of proper intradistrict venue as determined consistent with the venue rules of 28 U.S.C. § § 1408 and 1410,

(2) Obtain the proper division's case number,

(3) Place that number on the petition and other pleadings, and

(4) Promptly open the bankruptcy case in ECF and enter the petition and other pleadings on the docket in the division of proper intradistrict venue.

(1) Accept the notice of removal and any other pleadings presented with the notice of removal on behalf of the division of proper intradistrict venue as determined in accordance with subparagraph (a),

(2) Obtain the proper division's adversary proceeding number,

(3) Place that number on the notice of removal and other pleadings, and

(4) Promptly open an adversary proceeding in ECF and enter the notice of removal and other pleadings on the docket in the division of proper intradistrict venue.

A debtor who wishes to dismiss a pending chapter 13 case that has not previously been converted shall file a “Notice of Voluntary Dismissal Pursuant to 11 U.S.C. § 1307(b)”. This Notice shall be executed by the debtor(s) under penalty of perjury and shall attest that the case to be dismissed has not previously been converted under 11 U.S.C. §§ 706, 1112, or 1208. At the same time that the debtor files this Notice, they shall submit an Order of Dismissal.

(1) Debtor(s);

(2) Attorney representing the debtor(s) (if any);

(3) Bankruptcy case trustee (if any);

(4) United States Trustee;

(5) All parties having appeared in opposition to the pro se party or to a party represented by the attorney, by having filed a complaint, motion, application, objection or similar document, or a response to such a filed document; and

(6) All persons or entities having appeared by filing a Notice of Appearance, a Request for Notice or any similar document requesting notice.

Unless otherwise directed by the court, the trustee or debtor in possession may give notice of a proposed investment of bankruptcy estate assets in a Designated Fund to the United States trustee, all creditors, indenture trustees, and committees elected pursuant to § 705 or appointed pursuant to § 1102 of the Code, and shall file such notice with the court, together with a copy of the Designated Fund's prospectus. A party in interest may file and serve an objection within 14 days of the mailing of the notice, or within the time fixed by the court. If a timely objection is made, the court shall set a hearing on notice to the United States trustee and to other entities as the court may direct. If no objection is made, the trustee or debtor in possession may proceed with the investment.

For purposes of this rule, a "Designated Fund" is an open-end management investment company that is registered under the Investment Company Act of 1940, regulated as a "money market fund" pursuant to Rule 2a-7 under the Investment Company Act of 1940, invests exclusively in United States Treasury bills and United States Treasury Notes owned directly or through repurchase agreements, has received the highest money market fund rating from a nationally recognized statistical rating organization, such as Standard & Poor's or Moody's, has agreed to redeem funds shares in cash, with payment being made no later than the business day following a redemption request by a shareholder (except in the event of an unscheduled closing of Federal Reserve Banks or the New York Stock Exchange), and has adopted a policy that it will notify its shareholder 60 days prior to any change in its policy to invest exclusively in Treasury securities as described above or to redeem fund shares in cash no later than the business day following a redemption request by the shareholder (with limited exceptions for unscheduled closings of Federal Reserve Banks or the New York Stock Exchange).

(1) Moving, storage, or preservation of estate assets;

(2) Bank charges for research or copies;

(3) Court reporting fees;

(4) Filing and process serving;

(5) Notary fees;

(6) Recording fees;

(7) Deposition/transcript fees;

(8) Witness fees;

(9) Locate and move assets;

(10) CA Franchise Tax Board annual tax;

(11) Locksmith;

(12) Security services to safeguard debtor’s real or personal property;

(13) Utilities;

(14) Expenses related to the preparation of real property for sale, such as hauling and cleaning expenses;

(15) Costs to advertise sale;

(16) Insurance;

(17) Rent;

(18) Obligations to taxing agencies arising under 11 U.S.C. § 507(a)(2), provided the estate is and is likely to remain administratively solvent; and

(19) Obligations to taxing agencies arising under 11 U.S.C. § 503(b)(1)(B), but not preconversion tax obligation;

(20) Bond premiums required by 11 U.S.C. § 322(a); and

(21) Charges for storage of the debtor’s records to prevent the destruction of those records and related necessary cartage costs.

a. a description of the post-petition obligations that have accrued and are unpaid;

b. all payments received post-petition;

c. the date each post-petition payment was received;

d. the date each post-petition payment was posted to the subject account, if different from the date received.

(a) Documents that are submitted for filing by mail, over the counter, or via drop box must: (i) bear the original ("wet") signatures of all Signatories (as defined in subsection (b), below); or (ii) bear a copy of an original ("wet") signature that has been electronically scanned or transmitted by facsimile.  Consistent with B.L.R. 5005-1(b), all attorneys practicing in this court, including those admitted pro hac vice , must file all documents using the court's Electronic Case Filing System (the " ECF System ").

(b) A document filed through the ECF System shall bear the typed name of each person purporting to have signed the document (a " Signatory ") and shall be deemed signed by a person when the document identifies that person as a Signatory and the filing complies with either subsection (b)(i), (ii), or (iii).  Any filing in accordance with any of these methods shall bind the Signatory as if the document were physically signed and filed, and shall function as the Signatory’s signature, whether for purposes of Rule 9011 of the Federal Rules of Bankruptcy Procedure, to attest to the truthfulness of an affidavit or declaration, or for any other purpose.

(i) In the case of a Signatory who is a Registered Participant (as defined in B.L.R. 5005-1(a)), such document shall be deemed signed, regardless of the existence of a physical signature on the document, provided that such document is filed using the user ID and password of the Signatory.

(ii) In the case of a Signatory who is a Registered Participant but whose user ID and password are not used to file the document via the ECF System, the Registered Participant who files the document bearing the Signatory's signature may verify the validity of such signature by obtaining - prior to filing the document - (1) a digital signature via any commercially available digital signature software that (aa) provides signature authentication; and (bb) maintains an audit log or trail that can be provided upon request by any party or upon court order; or (2) the Signatory's written concurrence in the filing of the document or pleading bearing their signature, in which case the filing of the document constitutes the filer's attestation that such concurrence has been obtained from each of the Registered Participant Signatories, which shall serve in lieu of their signatures on the filed document or pleading.

(iii) In the case of a Signatory who is not a Registered Participant, such as a debtor, a pro se party, or an attorney who is not a Registered Participant, the Registered Participant who files the document bearing the Signatory's signature may verify the validity of such signature by obtaining - prior to filing the document - (1) a digital signature via any commercially available digital signature software that (aa) provides signature authentication; and (bb) maintains an audit log or trail that can be provided upon request by any party or upon court order; (2) an original ink signature, (3) a copy of the original ink signature that has been electronically scanned, or (4) a copy of the original ink signature transmitted by facsimile .

(c) The provisions of subsection (b)(iii) of this Rule notwithstanding, in appropriate circumstances the Court may require that filers collect and retain original ink signatures of parties who are not Registered Participants.

(d) The filing of a document or pleading constitutes the filer's attestation that they have complied with this B.L.R. 5005-2.  Filers shall maintain records sufficient to prove their compliance with subsections (a), (b)(ii), and/or (b)(iii) hereof for a period of 1 year following the closure of the case or proceeding in which the document or pleading was filed.

FRCivP 38(a)-(d) applies in adversary proceedings.

(a) Appointment Order. Upon motion, oral request, stipulation, or sua sponte decision, a judge presiding over an adversary proceeding, bankruptcy case, or contested matter may appoint another available active or recalled United States Bankruptcy Judge to act as mediator or settlement judge.

(b) Process for Appointment. (i) Out-of-District Judicial Mediators or Settlement Judges. Pursuant to 28 U.S.C. § 152(a), all bankruptcy judges are appointed in a specific judicial district.  This means that they can perform judicial duties – including conducting settlement conferences or mediation – only in cases venued within their home district.  28 U.S.C. § 155(a) permits a bankruptcy judge to perform judicial duties outside their home district upon the approval of the Judicial Council of the relevant circuit.  The Ninth Circuit Judicial Council requires entry of an order authorizing a judge’s temporary assignment to another district prior to the commencement of work outside the home district.  Where the parties and/or the presiding judge wishes to appoint an out-of-district judge to serve as mediator or settlement judge, they must obtain an order authorizing that judge’s temporary assignment to the relevant district prior to the issuance of the appointment order and commencement of mediation or any settlement conference.

(ii) In-District Judicial Mediators or Settlement Judges/Out-of-District Judicial Mediators or Settlement Judges Following Temporary Assignment. Where the parties or presiding judge wish to appoint an in-district judge who has confirmed their availability and willingness to serve as a judicial mediator or settlement judge, or where the parties or presiding judge have obtained an order authorizing the temporary assignment of an out-of-district judge for purposes of conducting a mediation or settlement conference, the presiding judge must issue an order appointing the chosen judge as mediator or settlement judge.  The parties shall contact the chambers of the judicial mediator or settlement judge to obtain their proposed form of appointment order, and shall provide such order to the chambers of the presiding judge for entry through CM/ECF.

(c) Judicial Immunity and Other Protections. The service of any in- or out-of-district judge appointed as a judicial mediator or settlement judge shall constitute performance of their official duties as a federal judge.  Accordingly, the settlement judge or judicial mediator, and all persons assisting them, shall enjoy unqualified judicial immunity, as well as all other privileges, immunities, and protections afforded to a United State Bankruptcy Judge and to employees of the United States Courts with respect to any matters arising from or related to their role in conducting or facilitating the settlement conference or mediation.

(i) Waiver and Release of Claims Arising from or Relating to the Settlement or Mediation Process. By participating in judicial mediation or a judicial settlement conference, all parties to such proceedings, along with their agents, successors, and assigns, agree to forever waive and release any claims or causes of action against the judicial mediator or settlement judge, as well as all persons assisting such judge, that arise from or relate to the settlement or mediation process.

(ii) Waiver of Any Right to Compel Discovery from Settlement Judge or Judicial Mediator. Except as might be required by applicable law, the parties participating in judicial mediation or a judicial settlement conference, along with their agents, successors, and assigns, agree to waive any right to compel from the settlement judge or judicial mediator, or any persons assisting such judge, any testimony (oral or written); production of materials (including, without limitation, any records, reports, summaries, notes, emails or other correspondence, communications, or other materials) made, received, or transmitted by the settlement judge or judicial mediator or any person assisting such judge with the settlement or mediation process; or other participation in any subsequent or pending litigation, arbitration, or other proceeding of any kind related to the mediation or settlement conference.

The judicial mediator or settlement judge may, in their sole discretion, require the parties to sign an agreement memorializing their acknowledgment of judicial immunity and of the waivers described above.

(d) Disqualification. No judge may serve as a judicial mediator or settlement judge if that judge would be disqualified under (i) 28 U.S.C. § 144 if that judge were a district court judge presiding over the matter or proceeding; or (ii) 28 U.S.C. § 455 if that judge were a justice, judge, or other judicial officer presiding over the matter or proceeding in each case unless the parties consent in writing following disclosure.

No Resolution Advocate may serve in any Matter in violation of the standards set forth in 28 U.S.C. § 455. An attorney Resolution Advocate shall also promptly determine all conflicts or potential conflicts in the same manner as an attorney would under the California Rules of Professional Conduct if any party to the dispute were a client. A non-attorney Resolution Advocate shall promptly determine all conflicts or potential conflicts in the same manner as under the applicable rules pertaining to the Resolution Advocate's profession. If the Resolution Advocate's firm has represented one or more of the parties, the Resolution Advocate shall promptly disclose that circumstance to all parties in writing. A party who believes that the assigned Resolution Advocate has a conflict of interest shall promptly bring the matter to the attention of the Resolution Advocate. If the Resolution Advocate does not withdraw from the assignment, the matter shall be brought to the attention of the Court by the Resolution Advocate or any of the parties.

(a) All written and oral communications made in connection with or during any BDRP conference, including the BDRP statement referred to in B.L.R. 9045-1(d), shall be subject to all the protections afforded by Fed. R. Evid. 408 and by Bankruptcy Rule 7068. The Resolution Advocate may ask the parties to sign a confidentiality agreement provided by the Court.

(b) No written or oral communication made by any party, attorney, Resolution Advocate or other participant in connection with or during any BDRP conference may be disclosed to anyone not involved in the Matter. Nor may such communication be used in any pending or future proceeding in this Court to prove liability for or invalidity of a claim or its amount. Such communication may be disclosed, however, if all participants in the BDRP, including the Resolution Advocate, so agree. Notwithstanding the foregoing, this B.L.R. 9047-1 does not require the exclusion of any evidence:

(1) Otherwise discoverable merely because it is presented in the course of a BDRP conference; or

(2) Offered for another purpose, such as proving bias or prejudice of a witness, negativing a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.

(c) Nothing in this B.L.R. 9047-1 shall be construed to prevent parties, counsel or Resolution Advocates from responding in absolute confidentiality, to inquiries or surveys by persons authorized by this Court to evaluate the BDRP. Nor shall anything in this section be construed to prohibit parties from entering into written agreements resolving some or all of the Matter or entering or filing procedural or factual stipulations based on suggestions or agreements made in connection with a BDRP conference.

(a) If the parties have reached an agreement regarding the disposition of the Matter, the parties shall determine who shall prepare the writing to dispose of the Matter, and they may continue the BDRP conference to a date convenient to all parties and the Resolution Advocate if necessary. The Court will accommodate parties who desire to place any resolution of a Matter on the record during or following the BDRP conference. Where required, they shall promptly submit the fully executed stipulation to the Court for approval;

(b) The Resolution Advocate shall file with the Court and serve on the parties and the BDRP Administrator's staff assistant, within 14 days, a certificate in the form provided by the Court, showing whether there has been compliance with the BDRP conference requirements of these Local Rules, and whether or not a settlement has been reached. Regardless of the outcome of the BDRP conference, the Resolution Advocate will not provide the Court with any details of the substance of the conference.