CANB — General Order 40: Order Extending Certain Deadlines

Source: https://www.canb.uscourts.gov/sites/default/files/general-orders/general%20order%2040.pdf

1

2

3

4

5

6

7

8 UNITED STATES BANKRUPTCY COURT

9 NORTHERN DISTRICT OF CALIFORNIA

10 In Re: GENERAL ORDER 40 11 ORDER EXTENDING CERTAIN DEADLINES. 12 13 WHEREAS, as a result of the coronavirus a) the State of California has announced a

14 general shelter in place order directing individuals to stay inside their residences and practice

15 social distancing, b) there is no access to several United States Courthouses in the Northern 16 District of California, and c) the United States Trustee, effective March 17, 2020, has continued 17 all in-person 341 meetings in the Northern District of California through April 10, 2020, the 18 19 continued dates of which are presently unknown; and

20 WHEREAS, under the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure

21 and/or the Bankruptcy Local Rules, the date first set for the meeting of creditors required by 11 22 U.S.C. section 341(a) (the “Meeting of Creditors”) establishes certain deadlines in bankruptcy 23 cases; 24 25 It is hereby ORDERED that the following deadlines are extended in all pending and

26 future cases in which the Meeting of Creditors was or will be set for a date on or between March

27 17, 2020 through May 31, 2020: 28

1

GENERAL ORDER

1 1. The deadline set under Federal Rule of Bankruptcy Procedure 1017(e) for the

2 United States Trustee to file a motion to dismiss for abuse, such that the 60 day time period set 3 therein shall begin on the reset date for the Meeting of Creditors, provided that such reset 4 meeting is not further reset pursuant to a General Order of this Court; 5 6 2. The deadline set under Federal Rule of Bankruptcy Procedure 2003(a) setting

7 deadlines for holding Meeting of Creditors, such that the time periods set therein shall be

8 continued to the reset date for the Meeting of Creditors, provided that such reset meeting is not 9 further reset pursuant to a General Order of this Court; 10 3. The deadline set under Federal Rule of Bankruptcy Procedure 2015.3(b) for the 11 12 trustee or debtor in possession to file a financial report regarding each entity that is not a publicly

13 traded corporation or a debtor in a bankruptcy case and in which the estate holds a substantial or

14 controlling interest, such that the report shall be filed 7 days before the reset date for the Meeting 15 of Creditors, provided that such reset meeting is not further reset pursuant to a General Order; 16 4. The deadline set under Federal Rule of Bankruptcy Procedure 4004(a) for 17 18 objections to the debtor’s discharge, such that the 60 day time period set therein shall begin on

19 the reset date for the Meeting of Creditors, provided that such reset meeting is not further reset

20 pursuant to a General Order; 21 5. The deadline set under Federal Rule of Bankruptcy Procedure 4007(c) for filing a 22 complaint as to the dischargeability of certain debts under 11 U.S.C. section 523(c), such that the 23 24 60 day time period set therein shall begin on the reset date for the Meeting of Creditors, provided

25 that such reset meeting is not further reset pursuant to a General Order;

26 6. The deadline set under Federal Rule of Bankruptcy Procedure 4008(a) for filing a 27 reaffirmation agreement, such that the 60 day time period set therein shall begin on the reset date 28

2

GENERAL ORDER

1 for the Meeting of Creditors, provided that such reset meeting is not further reset pursuant to a

2 General Order; and 3 7. The deadline under 11 U.S.C. section 1308(a) for filing tax returns, such that the 4 deadline shall be the day before the reset date for the Meeting of Creditors, provided that such 5 6 reset meeting is not further reset pursuant to a General Order.

7 SO ORDERED this 27th day of March 2020.

8

9

10 Charles Novack 11 Chief Bankruptcy Judge 12

13

14 * * END OF ORDER * * 15

16

17

18

19

20

21

22

23

24

25

26

27

28

3

GENERAL ORDER