CACB — Procedures for Phased Reopening During Covid 19 Public Emergency – Reclosure of Santa Ana Public Intake Area

Source: https://www.cacb.uscourts.gov/sites/cacb/files/documents/general-orders/GO%2020-11.pdf

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8 UNITED STATES BANKRUPTCY COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 IN RE: PROCEDURES FOR PHASED REOPENING DURING GENERAL ORDER 20-1112 COVID-19 PUBLIC EMERGENCY – RECLOSURE OF SANTA ANA PUBLIC13 INTAKE AREA 14

15 Based on the continuation of the Continuity of Operations Plan (“COOP”) 16 implemented on March 18, 2020, in response to the ongoing COVID-19 pandemic 17 and in an effort to align with District Court operations, 18 IT IS HEREBY ORDERED as follows 19 1. Santa Ana Intake Closed. The Bankruptcy Intake in the Ronald Reagan 20 Federal Building and U.S. Courthouse located in Santa Ana will be closed 21 until further order of the Court. 22 2. Bankruptcy Intake in the Los Angeles, San Fernando Valley, and 23 Northern Division Courthouses Are Open. The Intake areas of 24 the United States Bankruptcy Court for the Central District of California 25 at the Edward R. Roybal Federal Building and U.S. Courthouse 26 in Los Angeles, and both the Woodland Hills and the Santa Barbara 27 Courthouses will continue to be open to accept in-person filings. 28 The Intake area in the Riverside Division remains closed.

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1 The Intake area of the Ronald Reagan Federal Building and U.S.

2 Courthouse located in Santa Ana will again be closed to the public

3 beginning Monday, November 30. The two Intake areas remain closed

4 pending further order of the Court.

5 a. Face Coverings. Anyone not wearing a face covering

6 without an approved medical exemption or anyone not

7 observing posted social distancing rules may be refused service.

8 b. Public Computers and Electronic Kiosks. At the discretion

9 of the Clerk of Court, public computers and electronic kiosks

10 may be disabled until methods can be developed to reduce

11 any spread of infection through their use.

12 c. Cash Payments. Cash will not be accepted for filing or copying fees

13 unless an exception is made by the Clerk of Court.

14 3. Limited Emergency In-Person Hearings. In-person access to the United

15 States Bankruptcy Court will generally not be permitted except for the filing

16 Intake areas of the Los Angeles, Woodland Hills, and Santa Barbara

17 Courthouses. Bankruptcy Judges will continue to hear matters remotely

18 through telephonic or video services, except a judge may order an in-person

19 hearing where necessary in an emergency.

20 4. Self-Represented Filings. Individuals filing bankruptcy without an attorney

21 may file in person at the United States Bankruptcy Court in downtown

22 Los Angeles, Woodland Hills, or Santa Barbara, by mail, or through the

23 Court’s Electronic Self-Representation module. Through the Court’s

24 existing electronic filing program for self-represented debtors (eSR),

25 both Chapter 7 and 13 petitions will be accepted. All Chapter 7 and 13

26 petitions not filed in person shall be filed through either eSR or by mail.

27 Other chapter petitions must be filed either through CM/ECF with an attorney

28 or by mail-in to the Court. Please view the Court's website for more information

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1 specific to self-represented parties at https://www.cacb.uscourts.gov/filing-

2 without-an-attorney. Parties requiring assistance or guidance may contact

3 the Court at (855) 460-9641.

4 5. Signatures and Filing Fees. If a bankruptcy case is submitted through

5 eSR or by mail, the debtor must mail the required signatures and the required

6 filing fee within 10 days, or the case will be dismissed. Please view

7 the Court's website for more information specific to self-represented

8 parties at https://www.cacb.uscourts.gov/filing-without-an-attorney.

9 All petitions from self-represented parties are automatically granted a fee

10 installment so that the full required filing fee is due no later than 10 days

11 after the filing of the petition. For petitions filed through eSR, an application

12 for a fee waiver must be mailed to the Court within five (5) days of the

13 electronic petition filing, on the form available on the website at

14 https://www.cacb.uscourts.gov/forms/application-individuals-pay-filing-

15 feeinstallmentsapplication-have-chapter-7-filing-fee. For petitions filed

16 in person or by mail, an application for a fee waiver shall be submitted

17 with the petition. The Court will issue an Order on the Fee Waiver Application

18 within five (5) days. If a fee waiver or installment order is entered in

19 a specific case, it will supersede this General Order requiring the full fee

20 within 10 days. If the requisite fee and/or signatures are not mailed

21 within 10 days, the Court will dismiss the case without a hearing.

22 6. Social Security Number Statements. A self-represented litigant filing

23 a voluntary bankruptcy case must include the signed “Statement About

24 Your Social Security Numbers” (Official Form 121) with the initial filing

25 when mailing the documents (F.R.B.P. 1007(f)). When filing a voluntary

26 bankruptcy case through the Court’s eSR program, the signed

27 “Statement About Your Social Security Numbers” form must be mailed

28 to the Court within 10 days of filing or the case will be dismissed.

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1 Please view the Court's website for more information specific to self-

2 represented parties at https://www.cacb.uscourts.gov/filing-without-an-attorney.

3 7. Mediations. Mediations will proceed remotely.

4 8. Judges’ or Courtesy Copies. Except for documents over 25 pages,

5 including exhibits, the requirement to deliver judges’ copies of documents

6 to chambers (LBR 5005-2(d)) continues to be temporarily suspended –

7 including delivery via U.S. mail, personal delivery, or any other means.

8 Documents over 25 pages should still be provided unless the judge’s

9 specific updated instructions have waived that requirement. Parties are

10 reminded that the judge and chambers’ staff do not receive electronic

11 notices of filings, and therefore, (a) for documents that are filed late,

12 and (b) for matters that are either (i) not set for hearing or (ii) not the

13 subject of an electronically uploaded order (LOU), parties must contact

14 the chambers of the presiding judge and advise chambers of the filing.

15 9. Signatures. Local Bankruptcy Rule 9011-1 does not require in-person

16 contact as it permits an attorney to receive a signature page by electronic

17 means. Nothing in the rule precludes the filing of a signature page that

18 has been received by facsimile, pdf, text or photo. This signature can

19 be filed separately in whatever format is reasonably possible so that

20 there is a clear indication that the signor has read and is signing the actual

21 document filed.

22 a. In light of the difficulty of obtaining any paper files during

23 this emergency, the requirement of LBR 9011-1(d) to maintain

24 a wet signature for five (5) years is temporarily suspended and

25 the attorney should maintain the electronic transmission of the client

26 to file the document in whatever format is reasonable at this time.

27 b. If there is a situation where a client cannot transmit a signature

28 electronically either due to lack of required technology or internet

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1 access, etc., the attorney should so explain the circumstances

2 with the filing, verify that permission was obtained from the client

3 to sign the document on their behalf, and obtain the signature

4 as soon as possible after the filing through another means.

5 10. Phased Reopening Plans. The Court’s COOP will remain in place

6 and be modified gradually as necessary. Details of these modifications

7 will be posted on the Court’s website and communicated to staff as they

8 are implemented.

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10 IT IS SO ORDERED. 11 DATED: November 27, 2020

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14 Maureen A. Tighe Chief Judge, United States Bankruptcy Court 15

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