Source: https://www.canb.uscourts.gov/sites/default/files/forms/website_packet.rev_05132016.pdf

Sparse pages use OCR; original PDF remains authoritative.

United States Bankruptcy Court Northern District of California San Jose Division

CHAPTER 13 PROCEDURES

OVERVIEW of PROCEDURES - FLOWCHART

CHAPTER 13 PROCEDURES

FORMS

CM/ECF SAMPLE DOCKET SHEET

United States Bankruptcy Court Northern District of California San Jose Division

OVERVIEW of PROCEDURES

FLOWCHART

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United States Bankruptcy Court Northern District of California San Jose Division

CHAPTER 13 PROCEDURES

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA

San Jose Division

CHAPTER 13 CALENDAR PROCEDURES

Effective August 1, 2011

INTRODUCTION

These procedures are being established to improve the processing of chapter 13 cases in

the San Jose Division and are intended (1) to facilitate the timely resolution of Chapter 13 cases,

(2) to reduce time spent by counsel and the court on Chapter 13 cases, and (3) to provide access to

the court for parties who need judicial intervention. In general, these procedures provide that

Chapter 13 cases ready for confirmation will be confirmed expeditiously. Debtor(s) whose cases

require further work will have time to complete that work and will have judicial assistance when

appropriate. Cases not eligible for Chapter 13 or not making appropriate progress in Chapter 13

will be subject to dismissal.

CHAPTER 13 UNCONTESTED CONFIRMATION CALENDAR

When a Chapter 13 case is filed, the § 341(a) notice will include the date and time of the

confirmation hearing and will state that the deadline for objections to a Chapter 13 plan is the same

date as the first set § 341(a) meeting (see B.L.R. 3015-1(b)(3)). The confirmation hearing will be

set on a Chapter 13 Uncontested Confirmation Calendar (AUncontested Confirmation Calendar@).

Absent timely objection and upon finding that the requirements of §1325(a) are satisfied, the court

will confirm the plan at the confirmation hearing. Cases will be considered ready for

confirmation when (1) the § 341(a) meeting of creditors has concluded; (2) no objections to

confirmation have been filed, or such objections have been resolved or withdrawn without judicial

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CHAPTER 13 CALENDAR PROCEDURES REV. APRIL 1, 2016

intervention; (3) payments under the proposed plan are current; and (4) there are no other

unresolved deficiencies.

CASES NOT READY FOR CONFIRMATION:

PROCEDURES AND THE TRUSTEE=S PENDING LIST

For cases that are not ready for confirmation, ten (10) days before the date originally set

for confirmation, the Trustee shall file a Statement of Non-Readiness for Confirmation, which will

place the case on the Trustee=s Pending List (ATPL@). When the Trustee dockets the Statement of

Non-Readiness for Confirmation, the court=s ECF system will automatically generate these

notices:

1. A text entry reporting that (1) the case has been added to the Trustee=s Pending List,
and (2) parties in interest need not attend the first date set for the confirmation
hearing, the plan will not be confirmed at that time, and the case will be taken off
calendar at the hearing;

2. A Notice of Electronic Filing (the ANEF@) notifying ECF Registered Users of the
information in paragraph 1.

The NEF will provide instructions for restoring a case to the confirmation calendar.
A case can be restored to the confirmation calendar as follows: (1) the Trustee
may file a Statement of Resolution, placing the matter back on the
Uncontested Confirmation Calendar, or (2) a party in interest (debtor(s) or other
party in interest) may file a Notice of Hearing, placing the case on a Chapter 13
Contested Confirmation Calendar in conformity with the procedures set forth
below; and

3. A written notice of the foregoing information to pro se debtor(s) and non-ECF

Registered Users.

At the scheduled confirmation hearing, the court will announce the case has been placed on the

TPL. All cases on the TPL will be identified on a list which will be posted on the court=s website.

Cases will remain on the TPL until confirmation, dismissal, or conversion.

It will be the Trustee=s duty to monitor and track the progress of the cases on the TPL.

While cases are on the TPL, the parties should meet and confer and work toward resolution of the

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CHAPTER 13 CALENDAR PROCEDURES REV. APRIL 1, 2016

cases. The goal is to ensure that every case capable of being confirmed is returned to the

Uncontested Confirmation Calendar as soon as possible.

RESTORING CASES TO UNCONTESTED CONFIRMATION CALENDAR

The Trustee should recommend confirmation when all deficiencies have been cured,

outstanding objections have been resolved, and payments are current. When this occurs, the

Trustee shall file a Trustee=s Statement of Resolution. The court will generate and serve a Notice

of Hearing, restoring the confirmation hearing to the next available Uncontested Confirmation

Calendar. The court will give notice to the debtor(s), debtor(s)= counsel, the Trustee, other parties

that have objected to the plan, and parties requesting special notice. The Notice of Hearing will

automatically generate a Notice of Electronic Filing alerting ECF Registered Users of the restored

confirmation hearing and a written notice to unrepresented debtor(s), other unrepresented parties,

and non-ECF Registered Users of the same.

CHAPTER 13 CONTESTED CONFIRMATION CALENDAR

In some cases, the parties will need access to the court to resolve factual or legal issues

pertaining to the Chapter 13 case, such as feasibility, disposable income, and eligibility matters.

In these situations, a party may set such matters on the Chapter 13 Contested Confirmation

Calendar (AContested Confirmation Calendar@). However, parties may set a matter on the

Contested Confirmation Calendar only if these three conditions are satisfied:

$ The ' 341(a) meeting has been concluded;

$ The parties have met and conferred in good faith (in person or by telephone) but
cannot resolve their dispute; and

$ The parties are ready to submit the dispute for resolution by the court or to have the
matter set for trial, evidentiary hearing, or briefing.

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CHAPTER 13 CALENDAR PROCEDURES REV. APRIL 1, 2016

To set a matter on the Contested Confirmation Calendar, parties should follow the same

rules that apply to any motion in a bankruptcy case as provided by B.L.R. 9014-1(a). Matters

may be set for hearing on any available Contested Confirmation Calendar date. Parties are urged

to consult the court=s website to obtain available dates. To set a matter, the moving party should

file and serve a Notice of Hearing and Certificate of Service on twenty-eight (28) days= notice to

parties in interest (generally, debtor(s), debtor(s)= counsel, the Trustee, parties that have objected

to the plan, and parties requesting special notice). Responses and objections are governed by

B.L.R. 9014-1(c). The court expects that the Contested Confirmation Calendar will consist only

of matters ready for judicial resolution or status conference.

In addition, any party setting a matter on the Contested Confirmation Calendar must file a

Chapter 13 Status Conference Statement at least fourteen (14) days before an actual hearing. The

Chapter 13 Status Conference Statement shall indicate: (1) the unresolved disputed factual and

legal issues that require judicial determination; (2) the time estimate for trial or argument and the

proposed trial and/or briefing dates; and (3) the date and time of the conference between the parties.

If the noticing party does not timely file a Chapter 13 Status Conference Statement, the

matter will be stricken from the Contested Confirmation Calendar and an appropriate notice will

be docketed by the court. If a matter is stricken from the Contested Confirmation Calendar, it

must be re-noticed for hearing with a new Notice of Hearing, Certificate of Service, and Chapter

13 Status Conference Statement.

When multiple objections to confirmation are pending in a case, one party=s Notice of

Hearing will place only the noticed objection on the Contested Confirmation Calendar. At the

court=s discretion, however, any objection filed by the Trustee may be heard at the same time.

The court retains discretion pursuant to FED. R. BANKR. P. 7042 to consolidate or sever multiple

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CHAPTER 13 CALENDAR PROCEDURES REV. APRIL 1, 2016

objections for hearing as appropriate.

CHAPTER 13 MOTIONS

In some cases, the parties will need access to the court to resolve factual or legal issues

which are not Chapter 13 plan driven, such as motions to value, fee applications, and claims

objections. These matters also should be set on the Chapter 13 Motions Calendar. To set non-

plan related matters on the Chapter 13 Motions Calendar, parties should follow the same rules that

apply to any motion in a bankruptcy case, under B.L.R. 9014-1(a). Matters may be set for hearing

on any available Chapter 13 Motions Calendar date. Parties are urged to consult the court=s

website to obtain an available date. To set a matter, the moving party should file and serve a

Notice of Hearing and Certificate of Service to any party affected by the motion. Responses and

objections are governed by B.L.R. 9014-1.

Parties are encouraged to use the Anotice and opportunity for hearing@ procedure available

under B.L.R. 9014-1(b)(3) to obtain an order by default if no objection is raised. If an objection

is raised, the parties shall notice it for hearing as indicated above.

TRUSTEE=S MOTIONS TO DISMISS

The court will no longer conduct pre-hearing conferences on objections to confirmation in

cases on the TPL simply to monitor the debtor(s)= progress in fulfilling the debtor(s)= obligations.

Instead, if outstanding issues are not resolved and deficiencies are not cured on a timely basis, the

case may become subject to a Motion to Dismiss by the Trustee. The Trustee will exercise her

discretion in bringing such motions, but she is expected to afford the debtor(s) a reasonable period

of time to bring a case to confirmation.

Preconfirmation Motions to Dismiss

When making a motion to dismiss, the Trustee is encouraged to use the Anotice and

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opportunity for hearing@ procedure available under B.L.R. 9014-1(b)(3). In those cases where the

debtor(s)= attorney fails to provide timely responses to the Trustee's requests or otherwise is

responsible for unreasonable delay, the Motion to Dismiss may include a request for disgorgement

of the attorney's retainer. Responses and objections are governed by B.L.R. 9014-1(c). The

court may issue default orders dismissing the case pre-confirmation and dealing with disgorgement

as appropriate, per B.L.R. 9014-1(b)(4). If a request for hearing is made, pre-confirmation

motions to dismiss should be placed on a Chapter 13 Motions Calendar.

Counsel and debtor(s) should take special notice that the court will carefully review any

response to a motion to dismiss brought by the Trustee. To avoid dismissal, debtor(s) must

provide detailed information explaining why the Chapter 13 plan has not been confirmed,

addressing, in particular, the debtor(s)= efforts to comply with the requirements of the Bankruptcy

Code and the Trustee=s requests, and why the delay in the case is not prejudicial to creditors under

11 U.S.C. ' 1307(c). The debtor(s) should not expect that last-minute compliance will cause the

Trustee to withdraw the motion or continue the hearing, or the court to deny the motion or continue

the hearing. Untimely opposition to a motion to dismiss may not be considered. Cases may be

dismissed on default.

Postconfirmation Motions to Dismiss

Upon the debtor(s)= failure to tender a plan payment to the Trustee (or otherwise comply

with any other plan provision) in a timely manner, the Trustee may serve written notice of default

on the debtor(s) and debtor(s)= counsel. Within twenty (20) days of the notice of default, the

debtor(s) shall: (1) cure the default; (2) meet and confer with the Trustee and enter into an

agreement resolving the default on terms acceptable to the Trustee; or (3) file and serve an

Application to Modify Plan that proposes terms under which the plan is not in default and provides

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CHAPTER 13 CALENDAR PROCEDURES REV. APRIL 1, 2016

for plan completion within sixty (60) months of the date the first plan payment was due. Absent

timely compliance by the debtor(s) with any of the foregoing, the court likely will issue a dismissal

order upon application of the Trustee supported by a declaration.

A post-confirmation Motion to Dismiss based upon grounds other than a material default

by the debtor(s) with respect to a confirmed plan should be filed using the notice and opportunity

for a hearing procedure of B.L.R. 9014-1(b)(3). Absent a timely objection or request for a

hearing, the Trustee may request the entry of a post-confirmation dismissal order by default. An

actual hearing on a post-confirmation Motion to Dismiss should be noticed for the Chapter 13

Motions Calendar.

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CHAPTER 13 CALENDAR PROCEDURES REV. APRIL 1, 2016

United States Bankruptcy Court Northern District of California San Jose Division

FORMS

UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Order Establishing Procedures for Objection to Confirmation Placement on Trustee’s Pending List and Hearing Taken Off Calendar: If an objection to confirmation is filed or a case is otherwise not ready for confirmation based on deficiencies, such as defaults on plan payments, the Trustee will file a Trustee’s Statement of Non-Readiness for Confirmation at least 10 days before the confirmation hearing. The court will serve a notice indicating that the case has been placed on the Trustee’s Pending List (“TPL”) and that no appearances are expected, the plan will not be confirmed, and the matter will be taken off calendar at the confirmation hearing. Procedures for Restoring Matter to Confirmation Calendar: A case that is on the TPL may be restored to the confirmation calendar as follows: a. To restore the matter to the Uncontested Confirmation Calendar, the Trustee will file a Trustee’s Statement of Resolution when all outstanding objections are resolved, deficiencies have been cured, and the debtor(s) is current on plan payments. The Trustee’s docketing of the Statement of Resolution will cause the court to issue a notice that the restored confirmation hearing is set on the date of the next available Uncontested Confirmation Calendar and to serve the notice on parties in interest. b. To restore a contested confirmation matter to calendar so the court can resolve factual or legal issues, any party in interest (including the debtor(s)) may file and serve in conformity with B.L.R. 9014-1(a) a Notice of Hearing and Certificate of Service on 28 days’ notice to parties in interest. The matter may be set on any Contested Confirmation Calendar date posted on the court’s website, but only if these three conditions are met: (1) the § 341 meeting has concluded; (2) the parties have met and conferred in good faith (in person or by telephone); and (3) the dispute is ready to be submitted for resolution, trial setting, evidentiary hearing, or briefing. No later than 14 days before the hearing, the noticing party shall file a Chapter 13 Status Conference Statement identifying: (a) the disputed factual and legal issues; (b) the date and time when the parties conferred; and (c) the time estimate for trial or argument. If the Chapter 13 Status Conference Statement is not timely filed, the matter will be stricken from the calendar. Matters stricken from the Contested Confirmation Calendar must be re-noticed for hearing by submitting a new Notice of Hearing, Certificate of Service, and Chapter 13 Status Conference Statement. Approved. Dated: July 1, 2015 Sleptur Grrr STEPHEN L, JOHNSON i United States Bankruptcy Judge '

Mi Flame arn M. ELAIN MOND United States Bai tcy Muh? HANNAH L. BLUMENSTIBE United States Bankrup

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7 UNITED STATES BANKRUPTCY COURT

8 NORTHERN DISTRICT OF CALIFORNIA

9 10 In re Case No. 11 Chapter 13 , 12 Debtor(s).

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15 TRUSTEE’S STATEMENT OF NON-READINESS FOR CONFIRMATION

16 The above case is not ready for confirmation based on outstanding objections to confirmation

17 of the plan or other deficiencies, such as a default on Chapter 13 plan payments. At the scheduled

18 confirmation hearing, the case will be taken off calendar and placed on the Trustee’s Pending List

19 (“TPL”), subject to being restored to the confirmation calendar.

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21 Dated: _____________________________________ 22 DEVIN DERHAM-BURK CHAPTER 13 TRUSTEE 23

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TRUSTEE’S STATEMENT OF NON-READINESS FOR CONFIRMATION

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3 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA 4 SAN JOSE DIVISION

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7 NOTICE OF PROCEDURES TO RESTORE TO CONFIRMATION CALENDAR 8 Based on the Trustee’s Statement of Non-Readiness for Confirmation, this case is hereby placed on the 9 Trustee’s Pending List (“TPL”) pursuant to the Chapter 13 Calendar Procedures for the San Jose Division, which may be found at http://www.canb.uscourts.gov/procedures/sj. Parties in interest do not need to attend the 10 scheduled confirmation hearing since the plan will not be confirmed, and the case will be taken off calendar at that time. 11 Procedures to Restore to Uncontested Confirmation Calendar 12 While on the TPL, the case may be restored at the appropriate time to either the Uncontested 13 Confirmation Calendar or the Contested Confirmation Calendar for disposition by the court. To restore the matter to the Uncontested Confirmation Calendar, the Trustee will file a Trustee’s Statement of Resolution when all 14 outstanding objections are resolved, deficiencies have been cured, and the debtor(s) is current on plan payments. The Trustee’s docketing of the Statement of Resolution will cause the court to issue a notice that the restored 15 confirmation hearing is set on the date of the next available Uncontested Confirmation Calendar and to serve the notice on parties in interest. 16 Procedures to Restore to Contested Confirmation Calendar 17 To restore a contested confirmation matter to calendar so the court can resolve factual or legal issues, any 18 party in interest (including the debtor(s)) may file and serve in conformity with B.L.R. 9014-1(a) a Notice of Hearing and Certificate of Service on 28 days’ notice to parties in interest. The matter may be set on any 19 Contested Confirmation Calendar date posted on the court’s website, but only if these three conditions are met: (1) the § 341 meeting has concluded; (2) the parties have met and conferred in good faith (in person or by 20 telephone); and (3) the dispute is ready to be submitted for resolution, trial setting, evidentiary hearing, or briefing. No later than 14 days before the hearing, the noticing party shall file a Chapter 13 Status Conference 21 Statement identifying: (a) the disputed factual and legal issues; (b) the date and time when the parties conferred; and (c) the time estimate for trial or argument. If the Chapter 13 Status Conference Statement is not timely filed, 22 the matter will be stricken from calendar. Matters stricken from the Contested Confirmation Calendar must be re-noticed for hearing by submitting a new Notice of Hearing, Certificate of Service, and Chapter 13 Status 23 Conference Statement.

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NOTICE OF PROCEDURES TO RESTORE TO CONFIRMATION CALENDAR

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7 UNITED STATES BANKRUPTCY COURT

8 NORTHERN DISTRICT OF CALIFORNIA

9 10 In re Case No. 11 Chapter 13 12 , 13 Debtor(s).

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15 TRUSTEE’S STATEMENT OF RESOLUTION

16 All objections to confirmation have been resolved and the above case, which is currently on the

17 Trustee’s Pending List, is ready to be restored to the next available confirmation calendar so that the

18 Trustee can recommend confirmation. The Trustee requests that the Court restore the matter to the next

19 available confirmation calendar and provide notice to all interested parties of the date and time of the

20 hearing.

21 Dated: _____________________________________22 DEVIN DERHAM-BURK CHAPTER 13 TRUSTEE23

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TRUSTEE’S STATEMENT OF RESOLUTION

UNITED STATES BANKRUPTCY COURT Northern District of California

In re: Case No.

Chapter 13

Debtor(s).

NOTICE OF RESTORED CONFIRMATION HEARING

TO THE DEBTOR(S), TRUSTEE, NOTICING PARTY, OTHER PARTIES THAT HAVE

OBJECTED TO THE PLAN, AND PARTIES REQUESTING SPECIAL NOTICE:

DATE: TIME:

LOCATION:

PLEASE TAKE NOTICE that a hearing on confirmation of the chapter 13 plan proposed

by the debtor(s) is hereby restored to the Chapter 13 Uncontested Confirmation Calendar scheduled for the date and time indicated above. All objections to confirmation have been resolved, the debtor(s) is current on plan payments, and the Trustee is prepared to recommend at the hearing that the plan currently proposed by the debtor(s) be confirmed.

Dated: For the Court:

Edward J. Emmons Clerk of Court United States Bankruptcy Court

1 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA 2

3 In re Case No.

4 Chapter 13

5 Date: Time: 6 Place: Debtor(s). 7

8 CHAPTER 13 STATUS CONFERENCE STATEMENT1

9 The party that noticed this contested matter for hearing hereby states in accordance with the Chapter 13 Calendar Procedures for the San Jose Division as follows: 10 1. The disputed factual issues that require judicial determination are as follows: 11

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14 2. The disputed legal issues that require judicial determination are as follows:

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17 3. The debtor and the objecting party met and conferred concerning the objection to

18 confirmation on _________________________________.

19 4. The estimated time required for trial or argument is _________________________. 20 Both parties/counsel are available to conduct a trial on the following date(s) (if applicable):

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23 Dated: _____________________________________

24 Counsel for 25

26 1 The Notice of Hearing must be docketed using the ECF event code “Ch 13 Contested Notice of Hearing” under the 27 “Notices” menu and must be linked to the objection to confirmation. This Chapter 13 Status Conference Statement must be docketed using the ECF event code “Status Conference Statement” under the “Bankruptcy - Miscellaneous” menu and must be linked to the 28 objection to confirmation. A PDF fillable form for this statement is available on the court’s website: www.canb.uscourts.gov/forms/sj.

CHAPTER 13 STATUS CONFERENCE STATEMENT

UNITED STATES BANKRUPTCY COURT Northern District of California

In re: Case No.

Chapter 13

Debtor(s).

NOTICE OF STRIKING OF CONTESTED MATTER FROM CALENDAR

TO THE DEBTOR(S), TRUSTEE, NOTICING PARTY, OTHER PARTIES THAT HAVE OBJECTED

TO THE PLAN, AND PARTIES REQUESTING SPECIAL NOTICE:

DATE: TIME:

LOCATION:

PLEASE TAKE NOTICE that, pursuant to the Chapter 13 Calendar Procedures for the San Jose

Division, the hearing on the contested matter noticed for the date and time indicated above is hereby stricken from the court’s calendar for failure to file a Chapter 13 Status Conference Statement at least fourteen (14) days before the hearing date. As a result, the hearing will not proceed on the date originally noticed, and no appearances on the matter are expected on that date. To restore the matter to a Contested Confirmation Calendar, the noticing party must re-file and serve a new Notice of Hearing and Certificate of Service on at least twenty-eight (28) days’ notice to debtor(s)’ counsel (or the debtor if unrepresented), the Trustee, other parties that have objected to the plan, and parties requesting special notice. In addition, the noticing party must re-file and serve a new Chapter 13 Status Conference Statement in conformity with the Chapter 13 Procedures at least fourteen (14) days before the new hearing date.

Dated: For the Court:

Edward J. Emmons Clerk of Court United States Bankruptcy Court

Chapter 13 Trustee Pending List - San Francisco Division as of 04/14/2011 Case # Type Case Title Jud Date Filed Attorney 08-31089 13 David D. Pebley DM 01/11/2011 Gary Brenner 08-31558 13 Aubrey V Jacques DM 01/11/2011 James Michel 09-30432 13 Marika Lovelace DM 01/13/2011 PROSE 09-32489 13 James Bigelow Reswick DM 01/11/2011 Chery! Rouse 09-32489 13 James Bigelow Reswick DM 01/11/2011 Gary Brenner 09-32739 13 Mele V. Lowman DM 01/13/2011 Cory Birnberg 09-33346 13 William Henry Concepcion and Victoria Estrella CODM 01/13/2011 Drew Henwood 09-33951 13 Constance French DM 01/11/2011 PROSE 09-34112 13 Edgardo L. Sinigayan and Angelita Z. Sinigayan DM 01/11/2011 James Michel 10-30136 13 Joel P. Bautista and Glenda A. Bautista DM

• file://GI/...ents/Ti tustee/Calendars/Chapter?2013%20Trustee%20Pending %20List%20-%20San%20Francisco%20Division%2004 14201 1 txtl4/15/2011 1:14:45 PA

United States Bankruptcy Court Northern District of California San Jose Division

CM/ECF SAMPLE DOCKET SHEET

UNCONTESTED CALENDAR - PLAN CONFIRMED

U.S. Bankruptcy Court

Northern District of California (San Jose) Bankruptcy Petition # 11-5XXX Internal Use Only

Assigned to: Judge Charles Novack Date Filed: 05/04/2011 Chapter 13 Voluntary Asset

Debtor Johnny S. Barett represented by James M. Lauderdale 3012 Owen Ave. Lauderdale Law Offices Marina, CA 93933 150 Carmelito Ave. Monterey, CA 93940 (831) 646-1306

Trustee Devin Derham-Burk P.O. Box 50013 San Jose, CA 95150-0013 (408) 354-8151

U.S. Trustee Office of the U.S. Trustee / SJ U.S. Federal Bldg. 280 S 1st St. #268 San Jose, CA 95113-3004

Filing Date Event type Docket Text

05/4/2011 1 Bankruptcy ý Chapter 13 Voluntary Petition, Fee Amount $274. Open BK Case Filed by Johnny L. Bartlett. Order Meeting of Creditors due by 06/3/2011. Chapter 13 Plan due by 05/18/2011. (Lauderdale, James) (Entered: 05/04/2011)

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05/4/2011 (Auto-Docketed) Receipt of filing fee for Voluntary Petition (Chapter 13)(11-5XXX) [misc,volp13] ( 274.00). Receipt number 13337271, amount $ 274.00 (U.S. Treasury) (Entered: 05/04/2011)

05/18/2011 2 Bankruptcy ý Meeting of Creditors with Certificate of Service. Trustee/US Trustee 341(a) meeting to be held on 6/20/2011 at 09:30 AM ýMeeting of San Jose Room 130 Objection to Dischargeability due Creditors Chapter 13 by 8/19/2011 Proofs of Claims due by 9/19/2011 Last day to object to confirmation is 6/20/2011 Confirmation Hearing scheduled for 7/6/2011 at 01:25 PM at San Jose Courtroom 3099 - Johnson. (Derham-Burk, Devin). (Entered: 05/18/2011)

06/18/2011 3 Bankruptcy ý Objection to Confirmation of Chapter 13 Plan. Batch Filings (Derham-Burk, Devin). (Entered: 6/18/2011) ýObjection to Confirmation of Plan (batch)

06/20/2011 Bankruptcy ý Meeting of Creditors Held. Trustee/US Trustee ýMeeting of Creditors Held

06/24/2011 4 Bankruptcy ý Trustee's Statement of Non-Readiness for Batch Filings Confirmation: The trustee has determined this ýTrustee Statement case is to be placed on the trustee's pending list of Non-Compliance and it will not be confirmed at the original confirmation hearing . (Derham-Burk, Devin). (Entered: 6/24/2011)

07/1/2011 5 Bankruptcy ý Trustee's Statement of Resolution: The Trustee is Batch Filings restoring this case to the next available ýTrustee Statement uncontested calendar. Hearing scheduled for of Resolution 7/29/2011 at 02:00 PM at San Jose Courtroom 3099 - Johnson.

07/29/2011 6 Bankruptcy ý Confirmation Hearing Held re: Chapter 13 Plan. Court Events CONFIRMED. ýConfirmation Hearing Held

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CONTESTED CALENDAR - RE: CONFIRMATION HEARING

U.S. Bankruptcy Court

Northern District of California (San Jose) Bankruptcy Petition # 11-5XXX Internal Use Only

Assigned to: Judge Charles Novack Date Filed: 05/04/2011 Chapter 13 Voluntary Asset

Debtor Johnny S. Barett represented by James M. Lauderdale 3012 Owen Ave. Lauderdale Law Offices Marina, CA 93933 150 Carmelito Ave. Monterey, CA 93940 (831) 646-1306

Trustee Devin Derham-Burk P.O. Box 50013 San Jose, CA 95150-0013 (408) 354-8151

U.S. Trustee Office of the U.S. Trustee / SJ U.S. Federal Bldg. 280 S 1st St. #268 San Jose, CA 95113-3004

Filing Date Event type Docket Text

05/04/2011 1 Bankruptcy ý Chapter 13 Voluntary Petition, Fee Amount $274. Open BK Case Filed by Johnny L. Bartlett. Order Meeting of Creditors due by 06/3/2011. Chapter 13 Plan due by 05/18/2011. (Lauderdale, James) (Entered: 05/04/2011)

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05/04/2011 (Auto-Docketed) Receipt of filing fee for Voluntary Petition (Chapter 13)(11-5XXX) [misc,volp13] ( 274.00). Receipt number 13337271, amount $ 274.00 (U.S. Treasury) (Entered: 05/04/2011)

05/18/2011 2 Bankruptcy ý Meeting of Creditors with Certificate of Service. Trustee/US Trustee 341(a) meeting to be held on 6/20/2011 at 09:30 AM ýMeeting of San Jose Room 130 Objection to Dischargeability due Creditors Chapter 13 by 8/19/2011 Proofs of Claims due by 9/19/2011 Last day to object to confirmation is 6/20/2011 Confirmation Hearing scheduled for 7/6/2011 at 01:25 PM at San Jose Courtroom 3099 - Johnson. (Derham-Burk, Devin). (Entered: 05/18/2011)

6/20/2011 Bankruptcy ý Meeting of Creditors Held. Trustee/US Trustee ýMeeting of Creditors Held

06/20/2011 3 Bankruptcy ý Objection to Confirmation of Plan Filed by Miscellaneous Creditor Wells Fargo Bank. (Nagel, Austin). ýObjection to (Entered: 07/01/2011) Confirmation of Plan

06/24/2011 4 Bankruptcy ý Trustee's Statement of Non-Readiness for Batch Filings Confirmation: The trustee has determined this ýTrustee Statement case is to be placed on the trustee's pending list of Non-Compliance and it will not be confirmed at the original confirmation hearing . (Derham-Burk, Devin). (Entered: 6/24/2011)

07/01/2011 5 Bankruptcy ý Ch 13 Contested Notice of Hearing (RE: related Notices ýCh 13 SJ document(s) [3]Objection to Confirmation of Plan Contested Notice of Filed by Creditor Wells Fargo Bank). Hearing Hearing scheduled for 7/29/2011 at 10:00 AM at San Jose Courtroom 3099 - Johnson. Status Conference Statement due by 7/15/2011. Filed by Johnny L. Bartlett (Lauderdale, James M). (Entered: 07/05/2011)

07/18/2011 6 Bankruptcy ý Status Conference Statement (RE: related Miscellaneous document(s)[3] Objection to Confirmation of the ýStatus Conference Plan. Filed by Johnny L. Bartlett (Lauderdale, Statement James M). (Entered: 07/18/2011).

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07/19/2011 7 Bankruptcy ý Contested Confirmation Hearing Stricken from Court Events the calendar for failure to timely file a status ýContested conference statement within 14 days prior to Confirmation hearing (RE: related document(s) [5] Ch 13 SJ Hearing Stricken Contested Notice of Hearing). (tm).

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CM/ECF San Jose On-Line Manual Ch 13 General Inst./Ch 13 Contested Notice of Hearing

CHAPTER 13 GENERAL INSTRUCTIONS Chapter 13 Contested Notice of Hearing

The Chapter 13 Contested Notice of Hearing is docketed by the Debtor’s attorney. This

event is used when setting a Chapter 13 case back on the contested hearing calendar.

STEP 1 Click the Bankruptcy hyperlink on the CM/ECF Main Menu Bar.

STEP 2 The Bankruptcy Events screen displays.

‘ Click on the Notices hyperlink.

< For further information on each of these categories, click the (Help) icon.

STEP 3 The Case Number screen displays.

‘ Enter the Case Number.

STEP 4 The Docket Events screen displays.

‘ Select Ch 13 SJ Contested Notice of Hearing.

‘ Click the [NEXT] button.

STEP 5 The Select the Party screen displays.

‘ Select the Debtor.

‘ Click the [NEXT] button.

U.S. Bankruptcy Court - Northern District of CA June 21, 2011

CM/ECF San Jose On-Line Manual Ch 13 General Inst./Ch 13 Contested Notice of Hearing STEP 6 The Attach PDF Document screen displays.

‘ Click the [BROWSE] button.

‘ The File Upload screen displays.

‘ Select the Appropriate File.

< Right click to access the drop-down menu.

< Select Open with Acrobat.

< Verify you have the correct file and then close.

‘ Click the [OPEN] button.

U.S. Bankruptcy Court - Northern District of CA June 21, 2011

CM/ECF San Jose On-Line Manual Ch 13 General Inst./Ch 13 Contested Notice of Hearing

STEP 7 The Hearing Information screen displays.

NOTE – a 14 Day Status Conference Statement Deadline will be set for the
statements to be filed. The confirmation hearing date, time and location will
allow a selection of dates to choose from, ensure you select the correct hearing
date, time and location.

‘ Click the [NEXT] button.

STEP 8 The Select the Appropriate Event screen displays.

‘ Select the appropriate Objection to Confirmation of Plan.

NOTE – System will not continue until an Objection to Confirmation of Plan
has been selected.

‘ Click the [NEXT] button.

STEP 9 The Hearing Scheduling screen displays.

‘ Click the [NEXT] button.

STEP 10 Review docket text.

NOTE – Text reads: Ch 13 Contested Notice of Hearing (RE: related
document(s) [Objection to Confirmation to Plan]. Hearing scheduled for
5/3/2011 @ 10:00 at San Jose Courtroom XXXX. Status Conference Statement
Due April 19, 2011.

‘ Click the [NEXT] button.

STEP 11 The Notice of Electronic Filing screen displays.

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U.S. Bankruptcy Court - Northern District of CA June 21, 2011

CM/ECF San Jose On-Line Manual Ch 13 General Inst./Ch 13 Status Conference Statement

CHAPTER 13 GENERAL INSTRUCTIONS Chapter 13 Status Conference Statement

The Debtor’s attorney is required to file a Status Conference Statement 14 days prior to

the confirmation hearing. Failure to do so will result in the hearing being stricken.

STEP 1 Click the Bankruptcy hyperlink on the CM/ECF Main Menu Bar.

STEP 2 The Bankruptcy Events screen displays.

‘ Click on the Miscellaneous hyperlink.

< For further information on each of these categories, click the (Help) icon.

STEP 3 The Case Number screen displays.

‘ Enter the Case Number.

STEP 4 The Docket Events screen displays.

‘ Select Status Conference Statement.

‘ Click the [NEXT] button.

STEP 5 The Select the Party screen displays.

‘ Select the Debtor.

‘ Click the [NEXT] button.

U.S. Bankruptcy Court - Northern District of CA June 21, 2011

CM/ECF San Jose On-Line Manual Ch 13 General Inst./Ch 13 Status Conference Statement STEP 6 The Date Document filed screen displays.

‘ Click the [NEXT] button.

STEP 7 The Attach PDF Document screen displays.

‘ Click the [BROWSE] button.

‘ The File Upload screen displays.

‘ Select the Appropriate File.

< Right click to access the drop-down menu.

< Select Open with Acrobat.

U.S. Bankruptcy Court - Northern District of CA June 21, 2011

CM/ECF San Jose On-Line Manual Ch 13 General Inst./Ch 13 Status Conference Statement < Verify you have the correct file and then close.

‘ Click the [OPEN] button.

STEP 8 The Select the Appropriate Event screen displays.

‘ Select the Objection to Confirmation of Plan.

NOTE – System will not continue until an Objection to Confirmation of Plan
has been selected.

‘ Click the [NEXT] button.

STEP 9 Review docket text.

NOTE – Status Conference Statement (RE: related document(s)[4] Objection to
Confirmation of the Plan). Filed by Debtor James Brown.

‘ Click the [NEXT] button.

STEP 10 The Notice of Electronic Filing screen displays.

— — —

U.S. Bankruptcy Court - Northern District of CA June 21, 2011