CAEB — Delegation of Authority to the Clerk of the Bankruptcy Court and his Deputies

Source: https://www.caeb.uscourts.gov/documents/Forms/GeneralOrders/General%20Order%2015-02001.pdf

Sparse pages use OCR; original PDF remains authoritative.

FILED

December1,2015

UNITED STATESBANKRUPTCYCOURT EASTERN DISTRICTOFCALIFORNIA

oO ON DOO FF WN = MO MOM MY NY YB VB NYY N B@ Ba sa sae sa sa a a a a oN DO BF WH = DO O WAN DOD GO KF WN |= Orders granting applications to pay the filing fee in installments as provided by the Federal Rules of Bankruptcy Procedure; Orders granting discharge of debtors in chapter 7 cases in which no objection to discharge is pending, the debtor(s) has (have) not executed a waiver of discharge or been otherwise denied a discharge, and where it appears from the record that the debtor(s) is(are) eligible for a discharge; Orders granting discharge of debtors in chapter 13 cases in which no objection to discharge is pending, the debtor(s) has(have) not executed a waiver of discharge or been otherwise denied a discharge, and in cases filed on and after October 17, 2005, after notice affording parties-in-interest the opportunity to object to the debtor's eligibility for discharge and no objections having been filed; Orders closing bankruptcy cases without entry of a discharge when the debtor(s) has(have) failed to file a statement of completion of a course concerning personal financial management (Official Form 423) or a motion to extend time to file the statement after the Clerk has sent the debtor a notice of the deficiency and an opportunity to file a motion to extend time. If the debtor files a motion to extend time to file the statement and the debtor fails to file the statement within the time specified in the Judge’s order, the Clerk will close the case without entry of discharge; Orders closing bankruptcy cases without entry of a discharge when the debtor(s) has(have) not paid in full the filing fee prescribed by 28 U.S.C. § 1930(a) and any other fee prescribed by the Judicial Conference of the United States under 28 U.S.C. § 1930(b) that is payable to the Clerk upon -the commencement of a case under the Bankruptcy Code, or a motion to extend time to pay the fee after the

o ON DO OT BF WYN = MO NM NY NYO NYO NYO YM NM NO | SBS Ba Bae a se om eae as om on oOo oF WH = CO Oo DAN DOD oO KF WwW DY = OO Clerk has sent the debtor a notice of the deficiency and an opportunity to file a motion to extend time. If the debtor files a motion to extend time to pay the fee and the debtor fails to pay the fee within the time specified in the Judge’s order, the Clerk will close the case without entry of a discharge; Orders closing chapter 13 bankruptcy cases without entry of a discharge when the debtor(s) fail(s) to certify that (A) the debtor has not received a prior bankruptcy discharge within the time periods specified in 11 U.S.C. § 1328(f), (B) the debtor has paid all domestic support obligations, or (C) the debtor does not owe debts of the type described in 11 U.S.C. § 522(q) while claiming exemptions in real property, personal property, or a cooperative used as a residence or claimed as a homestead, or in a burial plot that exceed the amount stated in 11 U.S.C. § 522(q)(1), or that such exemptions in excess of the amount stated in 11 U.S.C. § 522(q)(1) are reasonably necessary for the support of the debtor or the debtor's dependents after the Trustee has sent the debtor a notice of completed plan payments and of the obligation to file documents demonstrating eligibility for discharge. If the debtor fails to file the documents or the filed documents fail to demonstrate eligibility for discharge, the Clerk will close the case without entry of discharge; Orders reopening cases pursuant to 11 U.S.C. § 350(b) where the stated purpose of reopening is to file a motion to avoid lien, to file a Debtor's 11 U.S.C. § 1328 Certificate, to file a complaint to obtain a determination of the discharge status of a debt under Federal Rule of Bankruptcy Procedure 4007(b), to file a motion to redact, seal, strike or restrict public access to document(s) in the court file, to file a certificate regarding the completion of a course in _ financial management (Official Form 423) and obtain a discharge when the case was closed without a discharge having been entered and the debtor is not also

requesting a waiver of the fee to reopen the case or to pay fees as per FRBP 4004(c)(1)(G): After Court approval of all amounts awarded therein, orders awarding compensation and expense reimbursements to trustees and other professionals in chapter 7 cases; Orders approving chapter 12 and 13 trustee final reports and accounts after notice affording opportunity to be heard and no request for hearing or objection having been filed; Final decrees, and orders closing chapter 7, 12 and 13 cases and discharging trustees after notice affording opportunity to be heard and no request for hearing or objection having been filed; Except with respect to priority claims, orders substituting the transferee for the original claimant on a proof of claim pursuant to the Federal Rules of Bankruptcy Procedure; Orders presented by or approved with a signature by the Chapter 13 Standing Trustee ordering or releasing the debtor or any entity from whom the debtor receives income to pay all or part of such income to the trustee; Orders dismissing bankruptcy cases for failure to file missing documents after notice affording the debtors an opportunity to file the missing documents, a motion for extension of time, or a notice of hearing on the Court’s Notice of Intent to Dismiss Case, and all missing documents, a motion to extend time, or a notice of hearing not having been timely filed. If the debtor files a motion to

extend time or a notice of hearing and later fails to file all missing documents within the time specified in the Judge’s order, the Clerk will dismiss the case; and 16. Orders setting hearings on reaffirmation agreements. 17. Orders transferring cases after conversion from chapter 7 to 13 and chapter 13 to 7 in Modesto cases, and from chapter 7 to 13 in San Joaquin county cases. IT IS FURTHER ORDERED that, in the interest of justice, a judge may suspend or withdraw the Clerk's and deputy clerks' authority to sign the foregoing orders at any time, on the judge’s own motion, and regulate practice in accordance with the judge’s direction. onald H. Sargis Chief/Bankruptcy Judge WiGhael S. McManus Robert S. Bardwil Bankruptcy Judge Bankruptcy Judge Fredrick E. Clement Christopher D. Jaime ¢ Bankruptcy Judge Bankruptcy Judge ené Lastreto, II Bankruptcy Judge