CAEB — Order Adopting Revisions To Local Bankruptcy Rules

Source: https://www.caeb.uscourts.gov/documents/Forms/GeneralOrders/GO.20-01.1.pdf

1 UNITED STATES BANKRUPTCY COURT

2 EASTERN DISTRICT OF CALIFORNIA

3 4 FILED 5 May 8, 2020 6 UNITEDEASTERNSTATESDISTRICTBANKRUPTCYOF CALIFORNIACOURT

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8 In re: ) ) 9 ) ) 10 ADOPTION OF INTERIM ) General Order 20-01.1 ) 11 BANKRUPTCY RULES ) May 8, 2020 Amendments ) 12 )

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14 On August 23, 2019, the Small Business Reorganization Act of 2019 (the SBRA)

15 was enacted into law. As requested by the Advisory Committee on Bankruptcy Rules

16 (the Advisory Committee) this court has adopted Interim Rules to facilitate uniform

17 implementation of the changes mandated by the SBRA.

18 On March 27, 2020, the President of the United States signed into law the

19 Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), which in Section

20 1113 of the CARES Act several amendments are made to the Bankruptcy Code. These

21 amendments necessitates the amendment of the existing Interim Rule 1020 previously

22 advanced by the Advisory Committee on Bankruptcy Rules of the Judicial Conference

23 for enacted as emergency local bankruptcy rules.

24 Additionally, Interim Local Bankruptcy Rule 3003-2 establishing deadlines for

25 filing proofs of claims or interests in Subchapter V cases is amended to be consistent

26 with the provisions of Federal Rule of Bankruptcy Procedure 3002(c) and 9006(c)(2).

27 THEREFORE, pursuant to 28 U.S.C. § 2071, Rule 83 of the Federal Rules of

28 Civil Procedure, and Rule 9029 of the Federal Rules of Bankruptcy Procedure;

1 IT IS ORDERED that the attached Amended Interim Rule 1020 for Subchapter V

2 bankruptcy cases is adopted, effective immediately for application in all pending and to

3 be filed Subchapter V cases. For cases and proceedings not governed by the SBRA,

4 the Federal Rules of Bankruptcy Procedure and the Local Rules of this Court, other

5 than the Interim Rules, shall apply.

6 IT IS FURTHER ORDERED that Amended Interim Local Bankruptcy Rule 3003-2

7 stated herein is adopted in this District as necessary for the proper implementation of

8 the Attached Interim Rules and Subchapter V of Chapter 11:

9 Interim Local Rule 3003-2

10 Filing Proofs of Claim in Subchapter V Chapter 11 Small Business Debtor Reorganization Cases 11 Unless otherwise ordered by the Court, and except as provided in Fed. R. Bankr.12 P. 3003(c)(3), a proof of claim or interest in a case filed under Subchapter V of Chapter13 11 must be filed within 70 days after the date of the order for relief in the case, unless14 the claimant is a governmental unit, in which case a proof of claim shall be filed before15 180 days after the date of the order for relief or such later time as the Federal Rules of16 Bankruptcy Procedure may provide for filing a proof of claim or interest in a Subchapter17 V case.18 The forgoing Interim Rules shall remain in effect until further order of the Court.19

20 DATED: May 8, 2020 FOR THE COURT: 21 ____________________________________22 Honorable Ronald H. Sargis Chief Bankruptcy Judge23

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1 AMENDED INTERIM RULE 1020

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3 Rule 1020. Chapter 11 Reorganization Cases for Small Business Debtor or Debtors Under Subchapter V 4

5 (a) DEBTOR DESIGNATION. In a voluntary chapter 11 case, the debtor shall

6 state in the petition whether the debtor is a small business debtor or a debtor as defined in §

7 1182(1) of the Code and, if the latter, whether the debtor elects to have subchapter V of chapter

8 11 apply. In an involuntary chapter 11 case, the debtor shall file within 14 days after entry of the

9 order for relief a statement as to whether the debtor is a small business debtor or a debtor as

10 defined in § 1182(1) of the Code and, if the latter, whether the debtor elects to have subchapter V

11 of chapter 11 apply. The status of the case as a small business case or a case under subchapter V

12 of chapter 11 shall be in accordance with the debtor’s statement under this subdivision, unless

13 and until the court enters an order finding that the debtor’s statement is incorrect.

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