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CAEB — Order Adopting Interim Bankruptcy Rule 1007-1

California foreclosure, tax-defaulted, court-ordered and probate-sale law and official procedures — verbatim and citable.

Edition
2026-09-26
Last updated
2026-09-27
Jurisdiction
California

CAEB — Order Adopting Interim Bankruptcy Rule 1007-1

Exceptions & meaning →

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),/(' Dec. 20, 2023 1 UNITED STATES BANKRUPTCY COURT 81,7(' 67$7(6 %$1.5837&< &2857 ($67(51 ',675,&7 2) &$/,)251,$ 2 EASTERN DISTRICT OF CALIFORNIA 3

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5 6 In re: ) ) 7 ORDER ADOPTING ) ) General Order 23-10 8 INTERIM BANKRUPTCY ) 9 ) RULE 1007-1 ) 10 ________________________________)

11 12 WHEREAS, The National Guard and Reservists Debt Relief Act of 2008,

13 Pub. L. No. 110-438, was enacted into law on October 20, 2008; and

14 WHEREAS, the Act excludes certain members of the National Guard and 15 Reserves from means testing in chapter 7 bankruptcy cases which are commenced in 16 the three-year period beginning December 19, 2008; and 17 18 WHEREAS, Interim Bankruptcy Rule 1007-1 was adopted by this court in

19 General Order 08-04 on December 15, 2008 to implement the temporary exclusion

20 effective December 19, 2008, and revised in General Order 09-03 on December 1, 21 2009; Special Order 10-03 on December 1, 2010; General Order 11-02 on December 1, 22 2011; General Order 12-03 on November 20, 2012; General Order 16-02 on January 4, 23 24 2016; and General Order 19-01 on October 24, 2019.

25 WHEREAS, The National Guard and Reservists Debt Relief Extension Act of

26 2023 was enacted into law on December 19, 2023, extending for an additional four 27

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1 years the temporary exclusion from the bankruptcy means test for certain members of

2 the National Guard and Reserves; 3 NOW, THEREFORE, IT IS ORDERED that Interim Rule 1007-1 is extended by 4 this court effective December 19, 2023, and shall apply only to cases commenced in the 5 6 four-year period beginning December 19, 2023, unless Congress further extends the

7 termination date beyond December 19, 2027.

8 IT IS FURTHER ORDERED that General Order 19-01, dated October 24, 2019, 9 is hereby abrogated. 10

11 12 DATED: December 20, 2023 FOR THE COURT

13 _____________________________________ 14 Honorable Fredrick E. Clement 15 Chief Bankruptcy Judge

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