CACB — Procedures for Phased Reopening During COVID-19 Public Emergency

Source: https://www.cacb.uscourts.gov/sites/cacb/files/documents/general-orders/GO%2021-05.pdf

1

2 JUN 22 2021

3

4

5

6

7

8 UNITED STATES BANKRUPTCY COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10

11 IN RE: PROCEDURES FOR PHASED REOPENING DURING 12 COVID-19 PUBLIC EMERGENCY GENERAL ORDER 21-05 13

14

15 Upon consideration of the continuation of the Continuity of Operations Plan

16 (“COOP”) implemented on March 18, 2020 in response to the ongoing COVID-19

17 pandemic, the subsequent resumption of normal operations ordered in United States

18 District Court General Order 21-08, and the lifting of most restrictions by the Centers

19 for Disease Control and Prevention (“CDC”) and the State of California,

20 IT IS HEREBY ORDERED as follows:

21 1. General Order 21-04 is superseded by this General Order.

22 2. In-Person Court Hearings. All Courtrooms in all Divisions of the United States

23 Bankruptcy Court are open to in-person attendance, and, effective June 28,

24 2021, permission to appear in person or by video or telephone is in the

25 discretion of the presiding judge in that courtroom. Any judge may choose

26 to continue to conduct matters remotely through video or telephonic means.

27 Please check the Court’s website for the procedures for each judge at

28 https://www.cacb.uscourts.gov/judges/self-calendaring.

-1-

1 3. Safety Measures in Court. Where an in-person matter is held in a courtroom,

2 all participants are to observe all safety protocols posted and announced

3 in the courtroom. The presiding judge will determine the protocols in effect

4 in the assigned courtroom consistent with guidance from the CDC.

5 4. Intake Areas. All Intake Areas of the Court will continue to be open to accept

6 in-person filings.

7 a. Safety. Anyone in the Intake Area must observe all posted rules

8 or be required to leave the Intake Area without further assistance.

9 b. Public Computers and Electronic Kiosks. At the discretion of

10 the Clerk of Court, public computers and electronic kiosks may

11 continue to be disabled or be re-installed as conditions permit.

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 5. Face Coverings. In all public areas, anyone not following posted rules

15 may be refused service.

16 6. Self-Represented Filings. Individuals filing Chapter 7 bankruptcy without

17 an attorney may file in person, by mail, or through the Court’s Electronic

18 Self-Representation module. The rules for such filings are posted on the

19 Court’s website at https://www.cacb.uscourts.gov/dont-have-attorney.

20 Parties requiring further assistance may contact the Court at (855) 460-9641.

21 7. Chapter 13 Electronic Filing. Chapter 13 petitions may not be filed

22 electronically through eSR until further notice. Chapter 13 petitions may

23 be filed in person, through the mail or electronically through an attorney.

24 8. Signatures and Filing Fees for New Petitions. If a bankruptcy case

25 is submitted through mail or eSR, the debtor must mail the required

26 signatures and filing fee within 10 days, or the case will be dismissed.

27 All petitions from self-represented debtors filing through eSR or U.S. mail

28 are automatically granted a fee installment so that the full required filing fee

-2-

1 is due no later than 10 days after the filing of the petition. For petitions filed

2 through eSR, an application for a fee waiver must be mailed to the Court

3 within five (5) days of the electronic petition filing, on the form available on

4 the website at https://www.cacb.uscourts.gov/forms/application-individuals-

5 pay-filing-fee-installmentsapplication-have-chapter-7-filing-fee. For petitions

6 filed by mail, an application for a fee waiver shall be submitted with the petition.

7 The Court will issue an Order on the Fee Waiver Application within five (5)

8 days. If a fee waiver or installment order is entered in a specific case, it will

9 supersede this General Order requiring the full fee within 10 days.

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

11 provided in a separate order, the Court will dismiss the case without a hearing.

12 9. F.R.B.P. 5001(a). The electronic, mail, telephonic, and appointment access

13 provided through the above procedures and those detailed on the Court’s

14 website are deemed sufficient to meet the requirements of F.R.B.P. 5001(a).

15 10. Social Security Number Statements. A self-represented litigant filing

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

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

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

19 bankruptcy case through the Court’s eSR program, the signed “Statement

20 About Your Social Security Numbers” form must be mailed to the Court

21 within 10 days of filing or placed in the physical drop box at the respective

22 Division if eligible, or the case will be dismissed. Please view the

23 Court's website for more information specific to self-represented parties

24 at https://www.cacb.uscourts.gov/dont-have-attorney and at

25 https://www.cacb.uscourts.gov/request-access-electronic-drop-box.

26 11. Mediations. Mediations will continue and are in the discretion of the mediator

27 in consultation with the parties as to whether to proceed in-person or remotely.

28

-3-

1 12. Judge’s or Courtesy Copies. Except for documents over 25 pages, including

2 exhibits, the requirement to deliver judges’ copies of documents to chambers

3 (LBR 5005-2(d)) continues to be temporarily suspended – including delivery

4 via U.S. mail, personal delivery, or any other means. Documents over

5 25 pages should still be provided unless the judge’s specific updated

6 instructions have waived that requirement. Parties are reminded that

7 the judge and chambers’ staff do not receive electronic notices of filings,

8 and therefore, (a) for documents that are filed late, and (b) for matters that

9 are either (i) not set for hearing, or (ii) not the subject of an electronically

10 uploaded order (LOU), parties must contact the chambers of the presiding

11 judge and advise chambers of the filing.

12 13. Signatures. Local Bankruptcy Rule 9011-1 is no longer suspended, effective

13 June 28, 2021.

14 14. Phased Reopening Plans. A modified version of the Court’s COOP will remain

15 in place and be further modified as necessary. Details will be posted on

16 the Court’s website and communicated to staff as they are implemented.

17 15. Individual Courthouses May Be Closed. Should local suspected or confirmed

18 cases of COVID-19 or local, state and federal guidance change, individual

19 Court Divisions or Courtrooms may be closed without further order in the

20 discretion of the Chief Bankruptcy Judge after appropriate consultation.

21 Signs will be posted on the doors of the Division(s) affected and directions

22 will be provided for obtaining needed court services. No further orders

23 will be issued for such temporary closures.

24 IT IS SO ORDERED.

25 DATED: June 22, 2021

26

27 Maureen A. Tighe28 Chief Judge, United States Bankruptcy Court

-4-