CAEB — Order Adopting Revisions to Local Bankruptcy Rules

Source: https://www.caeb.uscourts.gov//documents/forms/generalorders/GO.09-02.pdf

Sparse pages use OCR; original PDF remains authoritative.

oOo ON Oo oO FF WO DN = mM MO DM NYO ND YD PNB KN HMO BSB BS AB Ba BSB BS SB Ba Hs em on Oo oOo fF WO NY |= OD Oo DN DO a FF Ww NH = FILED UNITED STATES BANKRUPTCY COURT i 2013 EASTERN DISTRICT OF CALIFORNIA UNITED STATES BANKRUPTCY CG EASTERN OISTRICT OF CALIFOR URT INIA In re ORDER ADOPTING REVISIONS TO LOCAL BANKRUPTCY RULES GENERAL ORDER 09-02 ed To comply with the time-computation changes arising from the revision of the Federal Rules of Bankruptcy Procedure that takes effect December 1, 2009, and the Statutory Time-Periods Technical Amendments Act of 2009 (Pub. L. No. 111-06), which adjusts the time period in 28 statutes, including nine sections of the Bankruptcy Code impacted by the December 1 rule changes, IT iS ORDERED that the Local Bankruptcy Rules of the United States Bankruptcy Court for the Eastern District of California are amended as summarized below and reflected on the attachment to this order and that, pursuant to 28 U.S.C. §2071(e), the Court determines there is an immediate need for these rules changes and therefore this order shall take effect immediately without prior public notice and opportunity for comment. As provided for in 28 U.S.C. §2071(e), the Clerk of this Court is hereby directed to forthwith provide notice and opportunity for comment on the amended rules. Local Bankruptcy Rule Amendment 2015-1(d) “calendar days” changed to “days” 3007-1(c)(1) “calendar days” changed to “days” 3007-1(c)(1)(i) “calendar days” changed to “days” 3007-1(c)(1)(ii) “calendar days” changed to “days” 3007-1(c)(2) “calendar days” changed to “days” 3015-1(a) “fifteen (15) days” changed to “fourteen (14) days”

oO OA NO oO FF WO NY = NM MO PD PMR NM DM ND KS KN S| | AB Se |= | BSB Se | =S on OO oO FF WOW DY |= DOD O© DA N DODO fF W NY =| 3015-1(e) “five (5) days” changed to “seven (7) days” 4001-1(d)(2) “ten (10) days” changed to fourteen (14) days” 7065-1(c) “court days” changed to “days” 9014-1(e)(2) “calendar days” changed to “days” 9014-1(f)(1) “calendar days” changed to “days” 9014-1(F)(1)(ii) “calendar days” changed to “days” 9014-1(F)(1)(iii) “calendar days” changed to “days” 9014(f)(2) “calendar days” changed to “days” 9014(f)(2)(ii) “calendar days” changed to “days” DATED: 9014(f)(3) “calendar days” changed to “days” 9014(f)(4) “two court days” changed to “two (2) days” 9014(k)(b)(iii) “ten (10) days” changed to “fourteen (14) days” 9017(b)(1) “ten (10) court days” changed to “fourteen (14) days” 9017(b)(2) “five (5) court days” changed to “seven (7) days” 9017(b)(3) “court days” changed to “days” DEC - 1 2009 FOR THE COURT Page ul Honor. Christopher M. Klein, Chief Judge 2 of 2

United States Bankruptcy Court Eastern District of California

LOCAL RULES OF PRACTICE

Revised 12/1/09

Redline Version

All Changes Are Highlighted

Deleted Text Lined-out; Added Text Underlined

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA

LOCAL RULES OF PRACTICE

Table of Contents

Rule # Title Page

1001-1 Scope of Rules; Short Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

1002-1 Intra-district Venue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1007-1 List of Creditors and Master Address List . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1015-1 Related and Joint Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

2002-1 Notice Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

2015-1 Monthly Operating and Tax Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

3003-1 Filing Proofs of Claim in Chapter 11 Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

3007-1 Objections to Proofs of Claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

3015-1 Duties of Chapter 13 Debtors and Chapter 13 Trustees . . . . . . . . . . . . . . . . . . . . 8

4001-1 Motions for Relief from Stay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

5005-1 Electronic Record is the Official Record; Filing of Documents . . . . . . . . . . . . . 10

5005.5-1 Eligibility and Registration for Electronic Filing; Use of Passwords . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

5008-1 Funds of Chapter 11 Estates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

5010-1 Motions to Reopen Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

5013-1 Standing of Clerk and Deputy Clerks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

7003-1 Cover Sheet and Summons in Adversary Proceedings . . . . . . . . . . . . . . . . . . . . 13

7005-1 Service by Electronic Means . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Rule # Title Page

7026-1 Discovery Limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

7030-1 Deposition Transcripts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

7038-1 Jury Trial of Right . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

7039-1 Trial by Jury or the Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

7041-1 Notification to Calendar Clerk of Matters to be Dismissed . . . . . . . . . . . . . . . . . 16

7056-1 Motions for Summary Judgment or Summary Adjudication . . . . . . . . . . . . . . . . 16

7065-1 Temporary Restraining Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

7090-1 Disposition of Unclaimed Exhibits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

8020-1 Procedures Following Remand by an Appellate Court . . . . . . . . . . . . . . . . . . . 18

9001-1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

9004-1 General Requirements of Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

9014-1 Motion Calendar and Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

9017-1 Alternate Direct Testimony, Exhibits at Trial, and Qualification of Expert Witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

9019-1 Stipulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

9022-1 Notice of Entry of Judgment Pursuant to FRBP 9022 . . . . . . . . . . . . . . . . . . . . . 29

Appendix I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Appendix II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

Appendix III . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

Appendix IV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

LOCAL RULE 1001-1 Scope of Rules; Short Title

(a) Title. These are the Local Rules of Practice for the United States Bankruptcy Court,

Eastern District of California. They may be cited as "LBR."

(b) Construction. These Local Rules are adopted pursuant to 28 U.S.C. §2075, FRCivP

83 and FRBP 9029. They are intended to supplement and shall be construed consistently with and subordinate to the FRBP and those portions of the FRCivP that are incorporated by the FRBP.

(c) Applicability of Local Bankruptcy and District Court Rules. The FRBP and these

Local Rules govern procedure in all bankruptcy cases and bankruptcy proceedings in the Eastern District of California. Except for Rules 83-173 (Photographing, Recording or Broadcasting of Judicial Proceedings), 83-180 (Attorneys), 83-181 (Certified Student Attorneys), 83-182 (Attorneys- Appearance and Withdrawal), 83-183 (Persons Appearing in Propria Persona), 83-184 (Disciplinary Proceedings Against Attorneys), and 54-292 (Costs), which are hereby specifically incorporated into these Local Rules, and those Local Rules of Practice of the United States District Court for the Eastern District of California that are restated (renumbered and modified, as appropriate) in these Local Rules, no other Local Rules of Practice of the United States District Court for the Eastern District of California apply.

(d) General and Special Orders, Guidelines, and Policy Statements. Outside the scope

of these Rules are matters relating to internal court administration that, in the discretion of the Court en banc, may be accomplished through the use of General Orders. The Clerk shall maintain copies of general and special orders, guidelines, and policy statements that relate to practice before this court and shall make copies available upon request and payment of a nominal charge.

(e) Availability of Local Rules. The Clerk shall maintain in suitable form updated copies

of these Rules and shall promptly notify the Supreme Court, the Administrative Office of the United States Courts, the Circuit Council of the Ninth Circuit Court of Appeals, the District Court of the Eastern District of California and local law libraries of any changes in these Rules. The Clerk shall make copies of these Rules available on request upon payment of a nominal charge, if set by General Order. Upon admission to practice in the Eastern District of California, each admittee shall be given a copy of the LBR then in effect.

(f) Procedures Outside the Rules. The Court may make such orders supplementary or

contrary to the provisions of these Rules as it may deem appropriate and in the interests of justice in any particular proceeding.

(g) Sanctions for Noncompliance with Rules. Failure of counsel or of a party to comply with these Rules, with the FRCivP or the FRBP, or with any order of the Court may be grounds for imposition of any and all sanctions authorized by statute or Rule or within the inherent power of the Court, including, without limitation, dismissal of any action, entry of default, finding of contempt, imposition of monetary sanctions or attorney's fees and costs, and other lesser sanctions.

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LOCAL RULE 1002-1 Intra-district Venue

Petitions for relief under Title 11, United States Code, shall be filed in one of the three

divisions of the Eastern District as determined by the following:

(a) Fresno Division. Petitions from the Counties of Fresno, Inyo, Kern, Kings, Madera,

Mariposa, Merced, and Tulare shall be filed with the Office of the Clerk, United States Bankruptcy Court, 2500 Tulare Street, Suite 2501, Fresno, CA 93721-1318.

(b) Modesto Division. Petitions from the Counties of Calaveras, Stanislaus, and

Tuolumne shall be filed with the Office of the Clerk, United States Bankruptcy Court, 1130 12th Street, Suite C, Modesto, CA 95354.

(c) Sacramento Division. Petitions from the Counties of Alpine, Amador, Butte, Colusa,

El Dorado, Glenn, Lassen, Modoc, Mono, Nevada, Placer, Plumas, Sacramento, San Joaquin, Shasta, Sierra, Siskiyou, Solano, Sutter, Tehama, Trinity, Yolo, and Yuba shall be filed with the Office of the Clerk, United States Bankruptcy Court, 501 I Street, Suite 3-200, Sacramento, CA 95814-2322.

(d) Transfer of Incorrectly Filed Petitions. If the debtor's address on a petition indicates

that it should be filed in a division other than the division to which it is presented for filing, the Clerk shall nevertheless accept it, and any other pleadings presented with the petition, for filing on behalf of the proper division. The Clerk shall obtain and place the proper division's case number on the petition and accompanying pleadings and transmit them to the proper division.

(e) Request for Different Venue. If the debtor believes that venue should be in a division

other than the division designated for the debtor's address, the debtor may file a motion to transfer the case to another division. The Clerk shall promptly present the motion to any available judge.

LOCAL RULE 1007-1
List of Creditors and Master Address List

(a) Listing of Creditors. Creditors shall be listed on the appropriate schedule in

alphabetical order by name and complete address (if an address is unknown, it should be so indicated). Addresses of governmental agencies shall be listed in conformance with the requirements specified in LBR 2002-1.

(b) Master Address List. With every petition for relief under the Bankruptcy Code

presented for filing, there shall be submitted concurrently a Master Address List which includes the name, address, and zip code of all of the debtor's known creditors. To accommodate modern technology, the Master Address List shall be prepared in strict compliance with instructions of the Clerk in a format approved by the Court.

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LOCAL RULE 1015-1 Related and Joint Cases

(a) Notice of Related Cases. When a case on file or about to be filed is related to another

case that is pending or that was pending within the last six years, the debtor shall, and a party in interest may, file a Notice of Related Cases, setting forth the title, number and filing date of each related case, together with a brief statement of the relationship.

(b) Cases Deemed Related. Cases deemed to be related within the meaning of this Rule

include the following fact situations:

(1) The debtors in both cases are the same entity;

(2) The debtors in both cases are husband and wife;

(3) The debtors in both cases are partners;

(4) The debtor in one case is a general partner or major shareholder of the debtor
in the other case;

(5) The debtors in both cases have the same partners or substantially the same
shareholders; and,

(6) The cases are otherwise so related as to warrant being treated as related.

(c) Joint Cases. All joint cases commenced by the filing of a single petition under 11

U.S.C. §302(a) shall be deemed substantively consolidated unless the Court orders otherwise. Objections to substantive consolidation may be raised by the Court or filed by any party in interest. An objection to substantive consolidation shall be filed and served no later than 45 days after the filing of the petition. The objection shall be filed, served, and set for hearing consistent with these rules (see LBR 9014-1) by the objecting party. The objection, notice of hearing, and all evidence and other papers filed in support of it, shall be served on the debtor(s), the trustee, and the United States Trustee. All remaining parties in interest shall be served with the objection and notice of hearing.

LOCAL RULE 2002-1
Notice Requirements

(a) Listing the United States as a Creditor; Notice to the United States. When listing an

indebtedness to the United States for other than taxes and when giving notice, as required by FRBP 2002(j)(4), the debtor shall list both the U.S. Attorney and the federal agency through which the debtor became indebted. The address of the notice to the U.S. Attorney shall include, in parenthesis, the name of the federal agency as follows:

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(1) For Cases filed in the (2) For Cases filed in the Sacramento Division: Modesto and Fresno Divisions:

United States Attorney United States Attorney
(For [insert name of agency]) (For [insert name of
agency])
501 I Street, Suite 10-100 2500 Tulare Street, Suite 4401
Sacramento, CA 95814 Fresno, CA 93721

For example, a notice to the Department of Education for a case filed in the Modesto division

would be addressed as follows:

United States Attorney
(For Department of Education)
2500 Tulare Street, Suite 4401
Fresno, CA 93721

(b) Notice to Other Governmental Agencies. Certain federal and state agencies specify

particular addresses to which notice of bankruptcy proceedings shall be directed. The Clerk shall maintain a roster of such agencies and their addresses and shall make such roster available to the Bar and the public to enable compliance with this Rule and the provisions of FRBP 2002(j). When listing an indebtedness to an agency included on this roster, the debtor and the debtor's attorney shall complete the Master Address List (if required) and the schedule of creditors using the address as shown on the agency roster. When listing an indebtedness to an agency not on the roster, the debtor and the debtor's attorney shall use such address as will effect proper notice to the agency.

(c) Notice to the Internal Revenue Service. In addition to addresses specified on the

roster of governmental agencies maintained by the Clerk, notices in adversary proceedings and contested matters relating to the Internal Revenue Service shall be sent to all of the following addresses:

(1) United States Department of Justice
Civil Trial Section, Western Region
Box 683, Ben Franklin Station
Washington, D.C. 20044

(2) United States Attorney as specified in LBR 2002-1(a) above; and,

(3) Internal Revenue Service at the addresses specified on the roster of
governmental agencies maintained by the Clerk.

LOCAL RULE 2015-1
Monthly Operating and Tax Reports

(a) Cases in Which Required. Monthly operating and tax reports are required from a

trustee or debtor in the following cases:

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(1) All cases under chapter 11;

(2) Chapter 7 cases where a business is being operated by a trustee;

(3) Chapter 12 cases if the Court so orders; and,

(4) Chapter 13 cases where a business is being operated by a debtor, if the Court
so orders upon motion by the trustee or any party in interest.

(b) Cut off of Books and Records for Reporting Purposes. The books and records of the

debtor shall be closed (cut off) at the close of business on the day immediately preceding the filing of the petition, whether or not a separate estate is created for tax purposes. Pre-petition liabilities shall be segregated and reported separately from post-petition liabilities.

(c) Due Dates and Duration. Monthly reports shall be filed with the Clerk not later than

the 15th day of the month following the month of the reported period. Reports shall be filed for the portion of a calendar month from the date of filing, and monthly thereafter through the month in which an order of confirmation, conversion or dismissal is entered. If the portion of a calendar month from the date of filing is seven (7) days or less, the report for such period may be combined with the report due for the following calendar month.

(d) Service of Reports. Not later than five (5) calendar days from the date upon which

it is filed with the court, a copy of each monthly report shall be served on the United States Trustee, the case trustee, the chairperson and counsel of any committee of creditors or equity security holders, and any other entity ordered by the Court.

(e) Format of Reports. Monthly operating reports and monthly tax reports shall be made

according to the format established by the United States Trustee as approved by the Court.

(f) Modification of Requirements. The Court, may, for cause, modify the provisions of

this Rule to accommodate the needs of a particular case as provided in LBR 1001-1(f). Any application to modify shall be served on all parties upon whom the monthly report is required to be served.

LOCAL RULE 3003-1 Filing Proofs of Claim in Chapter 11 Cases

Unless otherwise ordered by the Court, and except as provided in FRBP 3003(c)(3), a proof

of claim in a chapter 11 case shall be filed within 90 days after the date first set for the meeting of creditors called pursuant to 11 U.S.C. §341(a), unless the claimant is a governmental unit, in which case a proof of claim shall be filed before 180 days after the date of the order for relief or such later time as the Federal Rules of Bankruptcy Procedure may provide.

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LOCAL RULE 3007-1 Objections to Proofs of Claim

(a) Where necessary to the proper and timely administration of the bankruptcy estate,

the debtor, debtor-in-possession, or trustee, as appropriate, shall, and other parties in interest may, examine proofs of claim filed in the case and file objections to those proofs of claim.

(b) Each objection shall include the name of the claimant, the date the proof of claim was

filed with the court, the amount of the claim, and the number of the claim as it appears on the claims register maintained by the court. Unless the basis for the objection appears on the face of the proof of claim, the objection shall be accompanied by evidence establishing its factual allegations and demonstrating that the proof of claim should be disallowed. A mere assertion that the proof of claim is not valid or that the debt is not owed is not sufficient to overcome the presumptive validity of the proof of claim.

(c) Amount of Notice.

(1) Objections set on 44 days’ notice. Unless the objecting party elects to give
the notice permitted by LBR 3007-1(c)(2), the objecting party shall file and
serve the objection at least forty-four (44) calendar days prior to the hearing
date.

(i) Opposition. Opposition, if any, to the sustaining of the objection
shall be in writing and shall be served and filed with the court by the
responding party at least fourteen (14) calendar days preceding the
date or continued date of the hearing. Without good cause, no party
shall be heard in opposition to an objection at oral argument if written
opposition to the objection has not been timely filed. Failure of the
responding party to timely file written opposition may be deemed a
waiver of any opposition to the sustaining of the objection or may
result in the imposition of sanctions.

The opposition shall specify whether the responding party consents
to the Court’s resolution of disputed material factual issues pursuant
to FRCivP 43(e) as made applicable by FRBP 9017. If the
responding party does not so consent, the opposition shall include a
separate statement identifying each disputed material factual issue.
The separate statement shall enumerate discretely each of the
disputed material factual issues and cite the particular portions of the
record demonstrating that a factual issue is both material and in
dispute.

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(ii) Reply. The objecting party may, at least seven (7) calendar days prior to the date of the hearing, serve and file with the court a reply to any written opposition filed by a responding party.

If the objecting party does not consent to the Court’s resolution of
disputed material factual issues pursuant to FRCivP 43(e), the
objecting party shall file and serve, within the time required for a
reply, a separate statement identifying each disputed material factual
issue. The separate statement shall enumerate discretely each of the
disputed material factual issues and cite the particular portions of the
record demonstrating that a factual issue is both material and in
dispute.

Unless the Court determines that an evidentiary hearing is necessary,
the evidentiary record closes upon expiration of the time for the filing
of the reply.

(iii) Prior to the noticed hearing date, counsel may bring to the Court’s
attention relevant judicial opinions published after the date the
opposition or reply was filed by filing and serving a Statement of
Recent Development, containing a citation to and providing a copy
of the new opinion without argument. No memoranda, declarations
or documents other than those specified in this Local Rule shall be
filed without prior Court approval.

(2) Objection set on 30 days’ notice. Alternatively, the objecting party may file
and serve the objection at least thirty (30) calendar days prior to the hearing
date. When fewer than forty-four (44) calendar days’ notice of a hearing is
given, no party in interest shall be required to file written opposition to the
objection. Opposition, if any, shall be presented at the hearing on the
objection. If opposition is presented, or if there is other good cause, the
Court may continue the hearing to permit the filing of evidence and briefs.

(d) An objection to a proof of claim shall be served on the claimant at the address on the proof of claim, not the address listed in the schedules, if different from the claimant’s address noted on the proof of claim.

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LOCAL RULE 3015-1 Duties of Chapter 13 Debtors and Chapter 13 Trustees

Part I
Duties of Chapter 13 Debtors

(a) Dismissal for Failure to File Schedules, Statement of Affairs or Plan. Failure to file

any schedule, Statement of Financial Affairs or a chapter 13 Plan within fifteen(15) fourteen (14) days of the date of filing the petition or obtain a Court approved extension as provided for in FRBP 1007 shall be cause for dismissal. The Clerk shall notify each debtor filing a petition for relief without a schedule, statement or plan of this provision.

(b) Commencement of Payments. Each debtor shall begin making payments to the

trustee in the amount and on the payment dates proposed in the debtor's plan, commencing with the first plan payment due date that occurs after the petition filing date. The first due date may not be more than thirty (30) days after the petition filing date. Should a payment become due prior to the filing of a plan, said payment may be deferred until after the plan is filed. Any deferred payments shall be paid in full prior to confirmation of the debtor's plan. All plan payments shall be timely and must be made payable to the trustee by cashier's check, money order, business check of the debtor, payroll deduction, or such other method as approved by the trustee.

(c) Debtor May Not Sell, Transfer or Encumber Property of the Estate. No debtor shall

sell, transfer or encumber any property of the estate without first obtaining the permission of the trustee. If the equity in a nonexempt asset which is not inventory of a business debtor exceeds $2,500, the debtor must also obtain the permission of the Court.

(d) Reporting "Windfalls." Each debtor shall report to the trustee any windfall received

or expected, including but not limited to, injury settlements, income tax refunds, bonuses, inheritance, and lottery winnings.

(e) Termination of Employment. Each debtor shall notify the trustee within five (5)

seven (7) days of any termination of employment and shall notify the Court and the trustee of any change in residence address.

Part II
Chapter 13 Trustee's Duties

(f) Administration of Debts. The trustee shall administer all debts except the following:

(1) Ongoing real property mortgage payments, provided, however, the Court
may order that such payments be made through the plan if, at the time of
filing the petition, the debtor had any arrearages related to the mortgage;

(2) An ongoing lease payment;

(3) A debt paid by a third party; and,

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(4) A long-term debt with a contractual life which exceeds the proposed life of the plan.

(g) Trustee's Submission of Order Confirming Plan. Should a debtor fail to submit a

proposed Order Confirming Debtor's Plan, the trustee may submit such an order.

(h) Trustee's Fees Before Confirmation. The trustee shall be allowed a fee of up to $250

from available funds in a case that is closed prior to confirmation due to conversion or dismissal. The fee is based on an average of the actual and necessary costs of administration of all chapter 13 cases.

LOCAL RULE 4001-1
Motions for Relief from Stay

(a) Motions for relief from the automatic stay of 11 U.S.C. § 362(a) shall be set for

hearing in accordance with LBR 9014-1. However, if a movant wishes to invoke the time constraints of 11 U.S.C. § 362(e), the motion shall be set for hearing pursuant to paragraph (f)(1) of LBR 9014- 1.

(b) Relief from the automatic stay will not be granted if the movant utilizes the notice

and opportunity for hearing procedure defined in 11 U.S.C. § 102(1). A hearing must be set on every motion for relief from the automatic stay. See LBR 9014-1.

(c) Relief from Stay Information Sheet. The movant shall file and serve as a separate

document a completed Relief from Stay Information Sheet (EDC Approved Form 3-468) with each motion for relief from the automatic stay.

(d) Motions in Chapter 12 and 13 Cases. If relief from the automatic stay is sought in

a chapter 12 or 13 case, the motion shall include the following:

(1) When the motion alleges that the debtor or the trustee has failed to maintain
postpetition payments on an obligation secured by real or personal property,
including, but not limited to, installment payments and lease payments,

(i) the motion shall include a verified statement showing all postpetition
payments and other obligations that have accrued and all payments
received postpetition, the dates of the postpetition payments, and the
obligation(s) to which each of the postpetition payments was applied;
and

(ii) the motion shall state whether a contract or applicable nonbankruptcy
law requires that the debtor be given a statement, payment coupon,
invoice, or other comparable document and whether such document
was sent to the debtor or the trustee as to any postpetition payment(s)
allegedly not made by the debtor or the trustee; and

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(ii) if a document of the kind described in the preceding subparagraph was not sent, or if a contract or applicable nonbankruptcy law does not require one to be sent, the motion shall state whether the debtor or the trustee was advised prior to the filing of the motion of the alleged delinquency and given an opportunity to cure it.

(2) If the motion asserts that the automatic stay should be modified or terminated
because the debtor has failed to make plan payments to the chapter 12 or 13
trustee, the movant shall include in the motion a certification that the movant
or its counsel conferred with the chapter 12 or 13 trustee before the motion
was filed and confirmed that the alleged delinquency under the plan was
outstanding within ten (10) fourteen (14) days of the filing of the motion.
This requirement may be satisfied by downloading from the trustee’s Internet
site, and attaching to the motion, a report indicating that the alleged
delinquency was outstanding within ten (10) fourteen (14) days prior to the
filing of the motion. If the movant does not confer with the trustee, the
motion shall detail the attempts made to confer with the trustee or explain
why no such attempt was made.

LOCAL RULE 5005-1
Electronic Record is the Official Record; Filing of Documents

(a) Electronic Record is the Official Record. Except for documents filed prior to March

1, 1999, the electronic record maintained by the Clerk in the Court’s Electronic Case File (ECF) System is the official court record for all cases and proceedings.

(b) Electronic Filing Mandatory. Except as provided in (c), below, all documents shall

be submitted for filing in electronic form in strict compliance with instructions of the Clerk in a format approved by the Court.

(c) Exceptions to and Waivers of Requirement to File Documents in Electronic Form.

(1) Pro Se Exception. All unrepresented persons, sometimes referenced as pro
se litigants or as persons appearing in propria persona, shall file and serve
paper documents.

(2) Attorney and Trustee Waivers. Attorneys who regularly practice and trustees assigned cases in the Eastern District of California shall register as users of the court’s electronic filing system and file documents in electronic form, provided, however, that on a case-by-case basis, an attorney or trustee may apply for a waiver of this requirement. A request for waiver shall be submitted as an ex-parte application supported by a declaration demonstrating cause for relief from the requirement to file in electronic form. The decision to permit the filing of paper documents is in the sole discretion of the Court and may be cancelled at any time upon notice to the attorney.

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(3) Sealed Document Exception. Unless otherwise ordered by the Court, requests to file documents under seal pursuant to 11 U.S.C. §107 (b) and (c) and FRBP 9018 shall be filed as paper documents. A paper copy of the order sealing documents shall be attached to the documents under seal and be delivered to the Clerk’s Office. The Clerk shall maintain sealed documents in paper form.

(d) Scanning and Disposition of Paper Documents. Paper documents filed pursuant to

(c)(1) or (c)(2) of this Rule shall promptly be scanned by the Clerk into electronic form. Once scanned and made part of the ECF system, the paper documents may be discarded.

(e) Violations. The Clerk shall not refuse to file any proffered paper document submitted

in violation of this Rule, but following scanning into electronic form, shall bring such paper document to the attention of the Court. Any attorney or trustee who files a document in violation of this Rule may be subject to monetary or non-monetary sanctions.

(f) Time of Filing.

(1) Documents Submitted on Paper. A document submitted on paper shall be
deemed filed when the Clerk takes physical possession of such document.

(2) Documents Submitted in Electronic Form. Documents submitted in
electronic form shall be deemed filed as of the date and time stated on the
Notice of Electronic Filing issued by the Clerk.

(3) Technical Failures Affecting Filing of Documents in Electronic Form.
Technical failure shall not alter the registered user’s responsibility to comply
with all applicable filing deadlines, provided, however, that a registered user
whose electronic filing is made untimely as the result of a documented,
technical failure of the court’s electronic filing system may seek appropriate
relief from the Court.

LOCAL RULE 5005.5-1 (Effective April 3, 2006)
Eligibility and Registration for Electronic Filing; Use of Passwords

(a) Eligible Persons. Attorneys admitted to practice in this court (including those admitted pro hac vice), attorneys exempt from admission to the bar of this court (including attorneys authorized to represent the United States and attorneys representing child support creditors as authorized by P.L. 103-394, §304(g)), U.S. Trustees and their assistants, trustees, claims agents, and others as the Clerk deems appropriate, shall be eligible to apply for registered user status and be issued a username and password authorizing them to access the court’s electronic filing system and submit documents in electronic form. Support staff of registered users are not eligible for a separate username and password, although such staff may attend any electronic filing system training provided by the court and may, with the permission and in the name of a registered user, use the username and password of that registered user to submit documents in electronic form.

(b) Application to be a Registered User. All eligible persons shall complete and submit

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the online Electronic Filing System Registration Form and User Agreement available on the court’s Internet web site (www.caeb.uscourts.gov). All registered users shall also maintain an account in good standing with the PACER Service Center (http:/pacer.psc.uscourts.gov).

(c) Training. Prior to receiving an electronic filing system username and password,

registered users, or a person authorized to act on behalf of a registered user, must complete minimum required electronic filing system training provided by the court or obtain a waiver of the training requirement from the Clerk.

(d) Unauthorized Use of Password Prohibited.

(1) A registered user shall not use his/her username and password to file
pleadings or other documents on behalf of someone who is not a registered
user.

(2) No person may use a username and password without the permission of the
registered user to whom they were issued. Registered users shall protect the
security and confidentiality of their username and password and prevent their
disclosure to any person other than the registered user’s authorized agent.

(e) Duty to Maintain an e-Mail Account; Update e-Mail Address. Each registered user

shall maintain an e-mail account and shall update his/her e-Filing user information via the court’s web site whenever their e-mail address changes.

LOCAL RULE 5008-1
Funds of Chapter 11 Estates

(a) New Bank Accounts. Immediately upon filing a chapter 11 petition, the debtor shall

close all bank accounts. The debtor shall open and maintain a new general bank account in a federally insured depository. If the debtor has an ongoing business with employees, the debtor shall similarly open and maintain a tax account, unless the Court deems it unnecessary. If the debtor maintained a separate payroll account immediately prior to filing, the debtor shall similarly open and maintain a payroll account, unless the Court deems it unnecessary. The signature cards for the new accounts shall clearly indicate that the debtor is a "debtor-in-possession."

(b) Sales of Assets. Unless the Court orders otherwise, the net cash proceeds from the

sales of assets pursuant to 11 U.S.C. §363 shall be deposited in separate, interest-bearing blocked accounts at a federally insured depository. All such accounts shall bear the inscription "not to be disbursed or withdrawn except upon further order of the Bankruptcy Court."

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(c) Insured Funds. "Federally insured depository" means a financial institution that is insured by the Federal Deposit Insurance Corporation or other federal agency providing deposit protection. Except with respect to funds that are held on deposit with an entity that is included in the U.S. Trustee’s list of cooperating depositories, no account shall be maintained with a balance in excess of $100,000, except as provided in 11 U.S.C. §345(b). If necessary, additional insured accounts shall be opened in different depositories so that any deposit shall not exceed the insured limits of the account.

LOCAL RULE 5010-1
Motions to Reopen Cases

(a) Contents of Motion. A motion to reopen a case shall contain a statement of the

grounds for reopening the case, but shall not contain a request for any other relief.

(b) Separate Motions/Adversary Proceedings. Requests for any relief other than

reopening, including relief based upon the grounds for reopening the case, shall be made in separate motions or adversary proceedings, which may be filed concurrently with the motion to reopen. If no motion or adversary proceeding is pending 30 days after the case is reopened and if no trustee has been ordered appointed, the case may be closed without further notice.

(c) Ex Parte Consideration. Motions to reopen may be considered ex parte. The movant

shall not calendar a hearing date. A hearing will only be held if the Court so orders.

LOCAL RULE 5013-1 Standing of Clerk and Deputy Clerks

The Clerk and Deputy Clerks of this court are authorized to issue Orders to Show Cause or

Notices of Intent to dismiss, convert, or appoint a trustee for failure to prosecute or comply with the Bankruptcy Code, FRBP, these Local Rules and any order of this Court.

LOCAL RULE 7003-1 Cover Sheet and Summons in Adversary Proceedings

At the time of filing a complaint commencing an adversary proceeding, the plaintiff shall

present to the Clerk a completed Adversary Proceeding Cover Sheet on Form B 104 unless otherwise ordered by the Court. The attorney for the plaintiff shall prepare the appropriate form of summons for execution by the Clerk.

LOCAL RULE 7005-1
Service by Electronic Means

(a) Consent to Service by Electronic Means. A registered user of the court’s electronic

filing system may consent to receive service by electronic means pursuant to FRCivP 5(b)(2)(D), as made applicable to bankruptcy cases and proceedings by FRBP 7005 by so indicating on his/her online Electronic Filing System Registration Form and User Agreement. This option may be changed by the registered user at any time thereafter by updating their e-Filing user information via the court’s web site.

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(b) Opting Out of Service by Electronic Means. A registered user of the court’s electronic filing system may opt out of receiving service by electronic means by so indicating on his/her online Electronic Filing System Registration Form and User Agreement. This option may be changed by the registered user at any time thereafter by updating their e-Filing user information via the court’s web site.

(c) Roster of Those Consenting to Service by Electronic Means. The Clerk shall

maintain a roster containing the names and e-mail addresses of registered users who have consented to service by electronic means. The roster shall only be accessible by registered users of the court’s electronic filing system and shall be password protected to prevent access by unauthorized persons or entities.

(d) Method of Service.

(1) Upon Those Parties Consenting to Service by Electronic Means. Service by
electronic means pursuant to FRCivP 5(b)(2)(D) shall be accomplished by
transmitting an e-mail which includes as a PDF attachment the document(s)
served. The subject line of the e-mail shall include the words “Service
Pursuant to FRCivP 5", the first text line of the e-mail shall include the case
or proceeding name and number and the title(s) of the document(s) served.

(2) Upon All Other Parties. Service on parties who are not registered users of
the court’s electronic filing system or who are registered users, but have
opted out as provided for in (b) above, must be made in the conventional
manner as provided for in FRCivP 5 (b)(2).

(3) Certificate of Service. The certificate of service shall include all parties
served, whether by electronic or conventional means. Where service was
accomplished by electronic means, the certificate of service shall include the
e-mail addresses to which the document(s) were transmitted, and the party,
if any, whom the recipient represents.

LOCAL RULE 7026-1
Discovery Limitations

(a) Pursuant to the provisions of FRCivP 26(a)(1), and unless otherwise ordered by the

Court in the specific adversary proceeding, contested petition, or contested matter, the automatic disclosure procedures described therein shall not be required in any action pending in this court, nor shall any automatic disclosures of any type be required in any action pending in this court.

(b) Pursuant to the provisions of FRCivP 26(a)(2)(B), and unless otherwise ordered by the Court in the specific adversary proceeding, contested petition, or contested matter, the expert witness disclosure requirements described therein shall not be required in any action pending in this court, and all disclosure of matters pertaining to expert witnesses shall be performed in accordance with the provisions of a scheduling or other order entered in the specific adversary proceeding, contested petition, or contested matter, or pursuant to the provisions of FRCivP 30, 33, and 34, as applicable.

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(c) Pursuant to the provisions of FRCivP 26(a)(3), and unless otherwise ordered by the Court in the specific adversary proceeding, contested petition, or contested matter, the pretrial disclosure requirements described therein shall not be required in any action pending in this court, and all disclosure of matter of the type described therein shall be performed in accordance with the provisions of LBR 9017-1 and any pretrial, scheduling or status order.

(d) Pursuant to the provisions of FRCivP 26(b)(2), and unless otherwise ordered by the

Court in the specific adversary proceeding, contested petition, or contested matter, there shall be no presumptive limitations upon the number of oral or written depositions taken (See FRCivP 30(a)(2)(A) and 31(a)(2)(A)) or upon the number of interrogatories to parties served (See FRCivP 33(a)) in any action pending in this court. If any party believes that any such proposed discovery is burdensome, oppressive or otherwise improper, that party shall have the burden of seeking a protective order against such proposed discovery in accordance with the provisions of FRCivP 26(c) and, if applicable, FRCivP 45.

(e) Pursuant to the provisions of FRCivP 26(d) and 26(f), and unless otherwise ordered

by the Court in the specific adversary proceeding, contested petition, or contested matter, there is no requirement that parties or counsel engage in any meet-and-confer procedure prior to any scheduling conference or prior to seeking discovery in the first instance.

LOCAL RULE 7030-1 Deposition Transcripts

It shall be the duty of the party requesting a deposition to obtain from the reporter the

original transcript thereof in a sealed envelope and to safely retain the same under conditions suitable to protect it from loss, destruction, or tampering until such time as the Court shall order its production.

LOCAL RULE 7038-1
Jury Trial of Right

(a) Right Preserved. FRCivP 38 shall apply in adversary proceedings where there is a

right to trial by jury.

(b) Demand. Where demand is made for a jury trial, it shall appear immediately

following the title of the complaint or answer containing the demand, or in such other document as may be permitted by FRCivP 38(b). Any notation on the Adversary Proceeding Cover Sheet (Form B 104) concerning whether a jury trial is or is not demanded shall not constitute a demand for a jury trial under these Local Rules.

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LOCAL RULE 7039-1 Trial by Jury or the Court

FRCivP 39 applies in adversary proceedings. This Rule shall not be interpreted to suggest

that a Bankruptcy Judge will or may preside over a jury trial.

LOCAL RULE 7041-1 Notification to Calendar Clerk of Matters to be Dismissed

For all matters or proceedings that have been calendared for trial, hearing or conference, it

is the duty of the plaintiff or moving party to promptly notify the calendar clerk of:

(1) Matters or proceedings that have been settled by stipulation of the parties;

(2) Motions that are to be dropped at the request of the moving party; and,

(3) Matters that have been or are being dismissed.

LOCAL RULE 7056-1
Motions for Summary Judgment or Summary Adjudication

(a) Motions for Summary Judgment or Summary Adjudication. Each motion for

summary judgment or summary adjudication shall be accompanied by a “Statement of Undisputed Facts” which shall enumerate discretely each of the specific material facts relied upon in support of the motion and cite the particular portions of any pleading, affidavit, deposition, interrogatory answer, admission or other document relied upon to establish that fact. The moving party shall be responsible for the filing with the court of all evidentiary documents cited in the moving papers.

(b) Opposition. Any party opposing a motion for summary judgment or summary

adjudication shall reproduce the itemized facts in the Statement of Undisputed Facts and admit those facts which are undisputed and deny those which are disputed, including with each denial a citation to the particular portions of any pleading, affidavit, deposition, interrogatory answer, admission or other document relied upon in support of that denial. The opposing party may also file a concise “Statement of Disputed Facts,” and the source thereof in the record, of all additional material facts as to which there is a genuine issue precluding summary judgment or adjudication. The opposing party shall be responsible for the filing with the Court of all evidentiary documents cited in the opposing papers. If a need for discovery is asserted as a basis for denial of the motion, the party opposing the motion shall provide a specification of the particular facts on which discovery is to be had or the issues on which discovery is necessary.

(c) Stipulated Facts. All parties-in-interest may jointly file a stipulation setting forth a

statement of stipulated facts to which all parties-in-interest agree. As to any stipulated facts, the parties so stipulating may state that their stipulations are entered into only for the purposes of the motion for summary judgment and are not intended to be otherwise binding.

(d) Summary Adjudication. This Rule shall apply to motions for orders specifying

material facts that appear without substantial controversy pursuant to FRCivP 56(d), except that the

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proposed “Statement of Undisputed Facts” and the “Statement of Disputed Facts” shall be limited to the facts which the moving party asserts are without substantial controversy and the facts the opposing party contends are in dispute.

LOCAL RULE 7065-1
Temporary Restraining Orders

(a) Notice to Affected Parties. Any party seeking a temporary restraining order in the

absence of actual notice to the affected parties and/or counsel shall comply with the requirements of FRCivP 65(b). Appropriate notice would inform the affected parties and/or counsel of the intention to seek a temporary restraining order, the date and time for hearing to be requested of the Court, whether the judge will permit a counsel to appear by telephone, and the nature of the relief requested. Once a specific time and location has been set by the Court, additional notice of the time and location of the hearing shall be given.

(b) Documents to be Filed. No hearing on a temporary restraining order will normally

be set unless the following documents are filed with the Clerk and, unless impossible under the circumstances, served on the affected parties and/or their counsel:

(1) An adversary complaint;

(2) A motion for temporary restraining order;

(3) A brief on all relevant legal issues presented by the motion;

(4) A declaration in support of the existence of an irreparable injury;

(5) A declaration detailing the notice or efforts to effect notice to the affected
parties and/or counsel or showing good cause why notice should not be
given; and,

(6) A proof of service.

(c) Contents and Service of Proposed Order. The party seeking the order shall deliver

to the Court and, unless impossible under the circumstances, serve the affected parties and/or counsel with a proposed temporary restraining order with, if applicable under FRBP 7065, a provision for a bond. In all circumstances in which a temporary restraining order is requested ex parte, the proposed order shall further notify the affected parties and/or counsel that they may apply to the Court for modification or dissolution on two (2) court days notice by personal service or such other notice as the Court may allow.

(d) Modification or Dissolution. When a preliminary injunction or temporary restraining

order has been issued, the affected parties may apply to the Court for modification or dissolution of the injunction or order. Such motion shall normally be accompanied by a brief on all relevant legal issues to be presented in support and declarations supporting modification or dissolution and detailing the notice or efforts to notify the other parties and/or counsel.

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LOCAL RULE 7090-1 Disposition of Unclaimed Exhibits

If exhibits are not withdrawn within sixty (60) days after notice to the parties to claim the

same, the Clerk may dispose of them as the Clerk may deem fit.

LOCAL RULE 8020-1 Procedures Following Remand by an Appellate Court

Whenever a case, proceeding or matter is remanded by an Appellate Court to the Bankruptcy

Court for further proceedings, any party to the appeal may move to set the matter for further proceedings by filing a motion pursuant to LBR 9014-1. The Court will not set the matter for further proceedings as a matter of course.

LOCAL RULE 9001-1 Definitions

These definitions supplement the definitions set forth in FRBP 9001 and 9002. For purposes

of these Rules, unless the context otherwise requires, the terms below are defined as follows:

(1) "Briefs" include memoranda, points and authorities, and other written
arguments, or compilations of authorities.

(2) "Case" means the bankruptcy case initiated by the filing of a petition for
relief.

(3) "Courtroom Deputy" means the deputy clerk assigned to the particular judge
to whom a case or proceeding has been assigned or the judge before whom
a matter or a part thereof is being conducted.

(4) "Declaration" includes an affidavit prepared in accordance with federal law.
See 28 U.S.C. §1746.

(5) "DIP" means debtor-in-possession.

(6) "Ex Parte" means without prior notice.

(7) "FRBP" means the Federal Rules of Bankruptcy Procedure.

(8) "FRCivP" means the Federal Rules of Civil Procedure.

(9) "Filed" means delivered into the custody of the Clerk and accepted by the
Clerk for inclusion in the official records of the case or proceeding.

(10) "Motion" includes all motions, applications, objections, or other requests
made to the Court for orders or other judicial activity.

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(11) "Order" means any directive by the Court other than a judgment, including oral or telephonic as well as written directives.

(12) "Proceeding" includes adversary proceeding, any hearing conducted by the
Court, and any other continuing matter before the Court arising in the
bankruptcy case.

LOCAL RULE 9004-1
General Requirements of Form

(a) General Format of Documents.

(1) All documents in paper form presented for filing with the court, other than
those on Official Bankruptcy Forms and other forms approved by the Court,
shall be on white paper, with numbered lines in the left margin, 8½" x 11" in
size, and shall otherwise comply with all other applicable provisions of these
Rules. Matter contained thereon shall be typewritten or presented by some
other clearly legible process, without erasures or interlining which materially
defaces the document, and shall appear on one side of each sheet only.
Documents shall be double-spaced except for the identification of counsel,
titles, headings, footnotes, quotations, exhibits, and descriptions of real
property. Each page shall be numbered consecutively at the bottom.

(2) Electronic Documents. All documents in electronic form presented for filing
with the court shall be submitted as a PDF file using the court’s electronic
filing system and when opened for viewing on the electronic case file system
shall conform in all respects to the general appearance of traditional paper
documents, prepared in the manner and form described in (1), above.

(b) Counsel Identification. The name, address (including e-mail address, if the document

is to be submitted in electronic form), telephone number, and the California State Bar membership number (not applicable to counsel for the United States) of all counsel (or, if in propria persona, of the party) and the specific identification of each party represented by name and interest in the proceeding (e.g., Debtor Smith, Creditor Bank, Plaintiff Roe, Defendant Doe) shall appear in the upper left-hand corner of the first page of each document presented for filing, except that in the instance of multiparty representation reference may be made to the signature page for the complete list of parties represented.

(c) Signatures Generally. All pleadings and non-evidentiary documents shall be signed

by the individual attorney for the party presenting them, or by the party involved if that party is appearing in propria persona. Affidavits and certifications shall be signed by the person offering the evidentiary material contained in the document. The name of the person signing the document shall be typed underneath the signature.

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(1) Signatures on Documents Submitted Electronically.

(a) Signature of the Registered User. The username and password
required to access the electronic filing system shall serve as the
registered user’s signature on all electronic documents filed with the
court. They shall also serve as a signature, with the same force and
effect as a written signature, for purposes of the Federal Rules of
Bankruptcy Procedure and the Local Bankruptcy Rules of this court,
including FRBP 9011-1 and L.B.R. 9004-1(c), and for any other
purpose for which a signature is required in connection with
proceedings before the Court. Unless the electronically filed
document has been scanned and shows the registered user’s original
signature or bears a software-generated electronic signature thereof,
an “/s/” and the registered user’s name shall be typed in the space
where the signature would otherwise appear.

(b) Signatures of Other Persons. Signatures of persons other than the
registered user may be indicated by either:

(1) Submitting a scanned copy of the originally signed
document;

(2) Attaching a scanned copy of the signature page(s) to
the electronic document, or;

(3) Through the use of “/s/ Name” or a software-
generated electronic signature in the signature block
where signatures would otherwise appear.
Electronically filed documents on which “/s/Name” or
a software-generated electronic signature is used to
indicate the signatures of persons other than the
registered user shall be subject to the requirements set
forth in (c) and (d), below.

(c) The use of “/s/ Name” or a Software Generated-Electronic Signature.
The use of “/s/Name” or a software-generated electronic signature on
documents constitutes the registered user’s representation that an
originally signed copy of the document exists and is in the registered
user’s possession at the time of filing.

(d) Retention Requirements When “/s/Name” or a Software-Generated
Electronic Signature is Used. When “/s/Name” or a software-
generated electronic signature is used in an electronically filed
document to indicate the required signature(s) of persons other than
that of the registered user, the registered user shall retain the
originally signed document in paper form for no less than three (3)

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years following the closing of the case. On request of the Court, the registered user shall produce the originally signed document(s) for review. The failure to do so may result in the imposition of sanctions on the Court’s own motion, or upon motion of the case trustee, U.S. Trustee, U.S. Attorney, or other party.

(2) Signature on Facsimile Documents. For the purposes of this Rule, the image
of the original manual signature appearing on a facsimile (fax) copy filed
pursuant to this Rule shall constitute an original signature for all court
purposes. The document, which itself may be in whole or in part a fax copy,
must be marked “original” prior to submission to the Clerk’s Office for
filing. The originator of the document, or in the case of an affidavit or
certification, the presenting attorney or party, is required to maintain the
document containing the original manual signature until the conclusion of the
case or proceeding, including any appeal and remand after appeal. In the
event there are multiple signatories to a document, the filing party or attorney
shall retain the originally signed document(s). The Court may require that
the document containing the original manual signature be filed. This Rule
does not provide for documents to be transmitted via fax directly to the
Clerk’s Office. Documents directly faxed to the Clerk or to a chambers of
the Court will not be filed, lodged, received, returned, or acknowledged.

LOCAL RULE 9014-1
Motion Calendar and Procedure

(a) Applicability. Parties shall file, serve, and set for hearing all contested matters,

including motions, whether filed in the bankruptcy case or in an adversary proceeding, objections, applications, and other matters for which a hearing is necessary (hereafter referred to collectively as motions), in accordance with this Local Rule, any other applicable Local Rules, and the applicable provisions of Title 11 of the United States Code and the Federal Rules of Bankruptcy Procedure. Except as otherwise provided in LBR 3007-1, this Local Rule shall apply to objections to proofs of claim.

(b) Motion Calendar.

(1) Each judge of the court shall maintain his or her department’s individual
motion calendar. All hearings shall be set on the motion calendar of the
department to which the case is assigned. A party shall self-set a motion for
hearing on the dates and times specified on each department’s motion
calendar.

(2) Each judge’s motion calendar and instructions for self-setting hearings are
posted on the court’s Internet site, www.caeb.uscourts.gov, and are also
available from the Clerk’s Office at the public counters.

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(c) Docket Control Number.

(1) In motions filed in the bankruptcy case, a Docket Control Number
(designated as DC No.) shall be included by all parties immediately below
the case number on all pleadings and other documents, including proofs of
service, filed in support of or opposition to motions.

(2) In motions filed in adversary proceedings, the Docket Control Number shall
be placed immediately below the adversary number.

(3) The Docket Control Number shall consist of not more than three letters,
which may be the initials of the attorney for the moving party (e.g., first,
middle, and last name) or the first three initials of the law firm for the
moving party, and the number that is one number higher than the number of
motions previously filed by said attorney or law firm in connection with that
specific bankruptcy case.

Example: The first Docket Control Number assigned to attorney John D.
Doe would be DC No. JDD-1, the second DC No. JDD-2, the third DC No.
JDD-3, and so on. This sequence would be repeated for each specific
bankruptcy case and adversary proceeding in which said attorney or law firm
filed motions.

(4) Once a Docket Control Number is assigned, all related papers filed by any
party, including motions for orders shortening the amount of notice, shall
include the same number. However, motions for reconsideration and
countermotions shall be treated as separate motions with a new Docket
Control Number assigned in the manner provided for above.

(d) Format and Content of Motions and Notices.

(1) Format. All pleadings and documents filed in support and in opposition to
a motion shall contain in the caption the date and time of the hearing and the
courtroom1 in which the hearing will be held. All pleadings and documents
filed in support and in opposition to a motion shall conform with the Court’s
Guidelines for the Preparation of Documents, effective December 1, 1999,
or as thereafter amended.

(2) Separate Notice. Every motion shall be accompanied by a separate notice of
hearing stating the docket control number, the date and time of the hearing,
the location of the courthouse1, the name of the judge hearing the motion, and
the courtroom1 in which the hearing will be held.

(3) Contents of Notice. The notice of hearing shall advise potential respondents
whether and when written opposition must be filed, the deadline for filing

1 See Form EDC 2-071, Courtroom Locations and Nomenclature, Appendix I

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and serving it, and the names and addresses of the persons who must be served with any opposition. If written opposition is required, the notice of hearing shall advise potential respondents that the failure to file timely written opposition may result in the motion being resolved without oral argument and the striking of untimely written opposition.

(4) Service of Notice Only. When notice of a motion is served without the
motion or supporting papers, the notice of hearing shall also succinctly and
sufficiently describe the nature of the relief being requested and set forth the
essential facts necessary for a party to determine whether to oppose the
motion. However, the motion and supporting papers shall be served on those
parties who have requested special notice and those who are directly affected
by the requested relief.

(5) Legal Authority. Each motion, opposition, and reply shall cite the legal
authority relied upon by the filing party.

(6) Evidence. Every motion shall be accompanied by evidence establishing its
factual allegations and demonstrating that the movant is entitled to the relief
requested. Affidavits and declarations shall comply with FRCivP 56(e).

(e) Service and Proof of Service.

(1) Service of all pleadings and documents filed in support of, or in opposition
to, a motion shall be made on or before the date they are filed with the court.

(2) A proof of service, in the form of a certificate of service, shall be filed with
the Clerk concurrently with the pleadings or documents served, or not more
than three (3) calendar days after they are filed.

(3) The proof of service for all pleadings and documents filed in support or
opposition to a motion shall be filed as a separate document and shall bear
the Docket Control Number. Copies of the pleadings and documents served
shall not be attached to the proof of service. Instead, the proof of service
shall identify the title of the pleadings and documents served.

(f) Amount of Notice.

(1) Motions set on 28 days’ notice. Unless additional notice is required by the
Federal Rules of Bankruptcy Procedure or these Local Rules, or the moving
party elects to give the notice permitted by LBR 9014-1(f)(2), the moving
party shall file and serve the motion at least twenty-eight (28) calendar days
prior to the hearing date.

(i) If the motion is a motion for relief from the automatic stay, it shall be
the duty of the moving party to set a hearing within thirty (30) days
of the filing of the motion. The failure of the moving party to set the

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hearing within thirty (30) days shall be deemed a waiver of the time constraints of 11 U.S.C. § 362(e).

(ii) Opposition. Opposition, if any, to the granting of the motion shall be in writing and shall be served and filed with the court by the responding party at least fourteen (14) calendar days preceding the date or continued date of the hearing. Opposition shall be accompanied by evidence establishing its factual allegations. Without good cause, no party shall be heard in opposition to a motion at oral argument if written opposition to the motion has not been timely filed. Failure of the responding party to timely file written opposition may be deemed a waiver of any opposition to the granting of the motion or may result in the imposition of sanctions.

The opposition shall specify whether the responding party consents
to the Court’s resolution of disputed material factual issues pursuant
to FRCivP 43(e) as made applicable by FRBP 9017. If the
responding party does not so consent, the opposition shall include a
separate statement identifying each disputed material factual issue.
The separate statement shall enumerate discretely each of the
disputed material factual issues and cite the particular portions of the
record demonstrating that a factual issue is both material and in
dispute. Failure to file the separate statement shall be construed as
consent to resolution of the motion and all disputed material factual
issues pursuant to FRCivP 43(e).

(iii) Reply. The moving party may, at least seven (7) calendar days prior to the date of the hearing, serve and file with the court a written reply to any written opposition filed by a responding party.

If the moving party does not consent to the Court’s resolution of disputed material factual issues pursuant to FRCivP 43(e), the moving party shall file and serve, within the time required for a reply, a separate statement identifying each disputed material factual issue. The separate statement shall enumerate discretely each of the disputed material factual issues and cite the particular portions of the record demonstrating that a factual issue is both material and in dispute. Failure to file the separate statement shall be construed as consent to resolution of the motion and all disputed material factual issues pursuant to FRCivP 43(e).

Unless the Court determines that an evidentiary hearing is necessary, the evidentiary record closes upon expiration of the time for the filing of the reply.

(iv) Prior to the noticed hearing date, counsel may bring to the Court’s attention relevant judicial opinions published after the date the

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opposition or reply was filed by filing and serving a Statement of Recent Development, containing a citation to and providing a copy of the new opinion without argument. No memoranda, declarations or documents other than those specified in this Local Rule shall be filed without prior Court approval.

(2) Motions set on 14 days’ notice. Alternatively, unless additional notice is required by the Federal Rules of Bankruptcy Procedure or these Local Rules, the moving party may file and serve the motion at least fourteen (14) calendar days prior to the hearing date.

(i) This alternative procedure shall not be used for a motion filed in
connection with an adversary proceeding.

(ii) The use of this alternative procedure in connection with a motion for
relief from the automatic stay shall be deemed a waiver of the time
limitations contained in 11 U.S.C. § 362(e).

(iii) When fewer than twenty-eight (28) calendar days’ notice of a hearing
is given, no party in interest shall be required to file written
opposition to the motion. Opposition, if any, shall be presented at the
hearing on the motion. If opposition is presented, or if there is other
good cause, the Court may continue the hearing to permit the filing
of evidence and briefs.

(3) Orders Shortening Time. In appropriate circumstances and for good cause shown, the Court may order that the amount of notice of a hearing on a motion be shortened to fewer than fourteen (14) calendar days. Unless otherwise ordered, when the time for service is shortened to fewer than fourteen (14) calendar days, no written opposition is required.

If the motion for which notice is to be shortened has not been filed, a copy of it or a summary shall be filed with the application as a separate exhibit document. If the motion or a summary cannot be filed as an exhibit, the application shall describe the motion with particularity and explain why the moving party is unable either to file the motion or file it as an exhibit to the application.

(4) “First Day Orders.” In chapter 11, 12, and 13 cases, preliminary hearings on motions for “first day orders,” including, but not limited to, motions to use cash collateral, borrow money, and pay employees, shall generally be heard by the Court within two (2) court days of the filing of the petition. Counsel for the debtor or the trustee shall contact the chambers of the assigned judge immediately upon the filing of the petition to ascertain what notice will be required and the date and time of the hearing.

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(g) Evidentiary Hearings.

(1) If the Court determines that there is a disputed material factual issue that
must be resolved before the relief requested in the motion can be granted or
denied, testimony shall be taken in accordance with FRCivP 43(a) unless the
parties waive such right or consent to proceeding under FRCivP 43(e).

(2) The Court’s procedures for scheduling an evidentiary hearing will be set
forth in a General Order. The current General Order is 02-01. It, and any
General Order supplanting it, are available from the Clerk’s Office at the
public counters or on the court’s Internet site, www.caeb.uscourts.gov.

(h) Oral Argument; Removal from Calendar; Tentative Rulings. Unless the assigned

judge determines that the resolution of the motion does not require oral argument, he or she may hear appropriate and reasonable oral argument. Alternatively, the motion may be submitted upon the record and briefs on file if the parties stipulate thereto, or the judge so orders, subject to the power of the judge to reopen the matter for further briefs, oral argument or both.

Parties can ascertain which matters are resolved without oral argument and can view tentative rulings by checking the court’s Internet site at www.caeb.uscourts.gov after 4:00 p.m. the day before the hearing. Parties appearing telephonically shall view the tentative ruling prior to the hearing.

(i) Related and Countermotions. Any countermotion or other motion related to the

general subject matter of the original motion set for hearing pursuant to this Local Rule may be filed and served no later than the time opposition to the original motion is required to be filed. In the event a counter or related motion is filed by the responding party, the judge may continue the hearing on the original and all related motions so as to give the responding and moving parties reasonable opportunity to serve and file oppositions and replies to all pending motions. No written opposition need be filed to any related matter unless the matter is continued by the Court. Nothing herein shall be construed to require the filing of a counter or related motion.

(j) Continuances. Continuances of hearings must be approved by the Court. A request

for a continuance may be made orally at the scheduled hearing or in advance of it if made by written application. A written application shall disclose whether all other parties in interest oppose or support the request for a continuance.

(k) Opportunity for Hearing.

(a) The notice of opportunity for hearing procedure, as defined in 11 U.S.C. §
102(1), may only be used as permitted in the Court’s General Order dealing
with chapter 13 practice. In all other matters, if an order is necessary or is
desired by the moving party, the motion should be set for hearing pursuant
to this Local Rule.

(b) When the notice of opportunity for hearing procedure is used, the notice
shall:

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(i) Succinctly describe the action to be taken;

(ii) State that unless written objections and/or a request for a hearing are
served on the moving party and filed with the Clerk on or before the
date specified in the notice, the action shall be taken;

(iii) Provide a minimum of ten (10) fourteen (14) days after service (or
the longer periods required by, e.g., FRBP 2002 or 3007) for the
filing of the request for hearing or objections by a party-in-interest;
and

(iv) Be filed with the Clerk and served by the moving party on all
creditors, the debtor, the trustee or other persons as appropriate or
required.

(c) No hearing date shall be set by the moving party unless an objection or a
request for hearing is made by a party-in-interest, in which event, the moving
party shall promptly set the matter for hearing by filing a notice of hearing
with the Clerk and serving the notice in accordance with this Local Rule.

(d) If no objection or request for hearing is timely filed, the moving party may
proceed to take any proposed action that does not require Court approval.

(l) Sanctions. Failure to comply with the requirements of this Local Rule or the

provisions of other Local Rules applicable to motion practice shall constitute grounds, without limitation, to deny the motion, strike late-filed pleadings and documents, continue the hearing on the motion, deem the moving party to have waived the time limitations of 11 U.S.C. § 362(e), deny the offending party the ability to appear by telephone, or assess other appropriate sanctions.

LOCAL RULE 9017-1
Alternate Direct Testimony, Exhibits at Trial, and Qualification of Expert Witnesses

If ordered by the Court, the following procedures shall apply:

(a) Alternate Direct Testimony Procedure.

(1) Purpose. The purpose of this procedure is to facilitate pretrial preparation
and to streamline the adducement of direct testimony in trial and contested
hearings so as to reduce trial time without sacrificing due process and a fair
trial. This procedure shall be known as the Alternate Direct Testimony
Procedure.

(2) Applicability. Unless otherwise ordered, the Alternate Direct Testimony
Procedure shall be used in all trials and contested hearings not scheduled for
the law and motion calendar. The failure of any party to any such trial or
contested hearing to object in writing at or before the pretrial conference, if
one is held, or if not, on or before the date of the trial setting hearing, shall

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be deemed as consent to the use of this alternate testimony procedure for such trial or contested hearing.

(3) Content and Preparation. For each witness (excluding hostile or adverse
witnesses) that an attorney calls on behalf of his/her client's case, there shall
be prepared in triplicate a succinct written declaration, executed under
penalty of perjury, of the direct testimony which that witness would be
prepared to give as though questions were propounded in the usual fashion.
Each statement of fact or opinion shall be separate, sequentially numbered
and shall contain only matters that are admissible under the Federal Rules of
Evidence (e.g., avoiding redundancies, hearsay, and other obvious
objectionable statements).

(b) Submission of Testimony Declarations, Exhibits, and Objections. Unless otherwise

ordered by the Court, copies of all direct testimony declarations by witnesses and exhibits that are intended to be presented at trial or hearing shall be furnished to opposing counsel as follows:

(1) Plaintiff's Declarations and Exhibits. The plaintiff shall submit to opposing
counsel all such declarations and exhibits comprising the plaintiff's case in
chief ten (10) court fourteen (14) days before trial.

(2) Defendant's Declarations and Exhibits. The defendant shall submit to
opposing counsel all such declarations and exhibits comprising the
defendant's case five (5) court seven (7) days before trial.

(3) Objections to Declarations and Exhibits. Two (2) court days before trial or
hearing, all such declarations and exhibits, together with any written
objections to the admission of any of the exhibits or to any of the declarations
or any portion thereof, shall be lodged with the courtroom deputy of the
department to which the trial or hearing is assigned. No objections to
testimony presented by written declaration or exhibits need be entertained
unless in writing and presented as herein specified. The exhibits (no
originals) lodged with the courtroom deputy clerk as herein required shall be
premarked by counsel (e.g., Plaintiff's Exhibit 1, etc., Defendant's Exhibit A,
etc.) and if three (3) or more, shall be accompanied by a cover sheet index
containing a brief description of each exhibit.

(c) Utilization of Live Testimony. All cross-examination, rebuttal, surrebuttal and

appropriate impeachment evidence shall be given by live testimony. Notwithstanding provisions of this Rule, the Court, in its discretion, may allow live direct testimony.

Comment. This procedure is not used in Department B in Fresno; however, it may be permitted upon request. A modified procedure is used in Department A in Fresno.

(d) Qualifications of Expert Witnesses. Whenever an expert witness is called to testify,

it shall be the duty of the party calling such witness to furnish the Court and the opposing party with a declaration of the expert's qualifications. After the expert is sworn and upon verifying the

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qualification statement, it shall be admitted into evidence. Thereafter, opposing counsel and/or the Court may examine the witness on voir dire.

LOCAL RULE 9019-1 Stipulations

Except stipulations entered into during the course of a deposition and set forth in the

transcript thereof, stipulations shall be:

(a) In writing, signed by all counsel or parties in propria persona who have
appeared in the proceeding and are affected by the stipulation;

(b) Made in open court and noted by the courtroom deputy clerk upon the
minutes or by the court reporter in the notes; or,

(c) Recited in a pretrial order or other Court order. Stipulations not in
conformity with these requirements will not be recognized unless necessary
to prevent manifest injustice.

LOCAL RULE 9022-1
Notice of Entry of Judgment Pursuant to FRBP 9022

(a) On Whom Notice Must Be Served. Unless otherwise ordered by the Court, the

requirements of FRBP 9022 shall be satisfied by service of the notice of entry of judgment or of order on only those contesting parties who appeared in connection with the judgment or order. Appearances are defined in the Local Rules of Practice of the United States District Court for the Eastern District of California, Rules 83-182 and 83-183, which are made applicable to these rules pursuant to LBR 1001-1(c). Contested matters are governed by FRBP 9014.

(b) Procedure.

(1) When Proposed Judgment or Order is Lodged By a Party. Except in those
circumstances where the clerk is required to provide notice by FRBP 2002(f)
and except as provided by subsection (2) below, in all matters heard by the
Court, the party lodging the judgment or order shall submit with it a Request
for Clerk’s Notice of Entry (EDC 3-965 for bankruptcy cases and EDC 3-966
for adversary proceedings) containing the names and mailing addresses of all
parties to be served.

(2) When Judgment or Order is Prepared By the Court. In those instances where
the Court has prepared the judgment or order, the clerk shall serve notice of
entry on the parties who appeared in connection with the judgment or order
pursuant to subsection (c) below, unless the Court otherwise directs.

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(c) Method of Service. The clerk shall serve notice of entry as follows:

(1) By sending the appropriate Bankruptcy Noticing Center (BNC) notice for
service on parties who appeared in connection with the judgment or order.

(2) Unless the case is a chapter 9 municipality case, the clerk shall forthwith
transmit to the United States Trustee a copy of the judgment or order.

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APPENDIX I (Updated 1/15/08)

ADMINISTRATIVE INFORMATION

EDC 2-034 Bankruptcy Court Miscellaneous Fee Schedule

EDC 2-035 Required Documents and Fees

EDC 2-036 Electronic Public Access Fee Schedule

EDC 2-070 United States Bankruptcy Courts Within California

EDC 2-071 Courtroom Locations and Nomenclature

EDC 2-190 Revised Guidelines for Preparation of Master Address Lists

EDC 2-195 Revised Diskette Master Address List Specifications

EDC 2-785 Roster of Public Agencies

EDC 5-100 Notice of Electronic Availability of Bankruptcy Case File
Information

The documents listed above are available on the Court’s Internet web site at http://www.caeb.uscourts.gov. If you do not have Internet access, the documents are available at the Fresno, Modesto, and Sacramento Clerk’s Office public lobbies.

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APPENDIX II

GUIDELINES AND POLICY STATEMENTS

Guidelines for Payment of Attorneys' Fees in Chapter 13 Cases

Procedures for Disclosure Statement and Confirmation Hearings Fresno Division, Department A

Notice to Attorneys and Trustees Concerning Use of the “Opportunity for Hearing” Procedure; All Divisions

Revised Guidelines for the Preparation of Documents

Guidelines for Inter-Division Filings

Guidelines Pertaining to Bankruptcy Petition Preparers in Eastern District of California Cases

Guidelines for Cash Collateral and Financing Stipulations

Policy Statement Re Applications to Employ Professionals

The documents listed above are available on the Court’s Internet web site at http://www.caeb.uscourts.gov. If you do not have Internet access, the documents are available at the Fresno, Modesto, and Sacramento Clerk’s Office public lobbies.

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APPENDIX III

LOCAL RULES FORMS

B104 Adversary Proceeding Cover Sheet

B254 Subpoena for Rule 2004 Examination

B255 Subpoena in an Adversary Proceeding

B256 Subpoena in a Case under the Bankruptcy Code

EDC 2-100 Verification of Master Address List

EDC 3-080-05 Chapter 13 Plan and Attachments

EDC 3-081-03 Order Confirming Plan, Valuing Collateral and Avoiding Liens

EDC 3-083-03 Wage Order

EDC 3-085 Declaration Requesting Entry of Order Confirming Chapter 13 Plan
Without Chapter 13 Trustee’s Approval of Form of Order

EDC 3-086 Class I Checklist

EDC 3-087 Authorization to Release Information to the Trustee Regarding Secured
Claims Being Paid by the Trustee

EDC 3-095 Application and Declaration Re: Additional Fees and Expenses in Chapter
13 Cases

EDC 3-096 Rights and Responsibilities of Chapter 13 Debtors
and Their Attorneys

EDC 3-468-INST Instructions for Completing Relief From Stay Information Sheet, Form
EDC 3-468

EDC 3-468 Relief from Stay Information Sheet

EDC 3-965 Request for Clerk’s Notice of Entry

EDC 3-966 Request for Clerk’s Notice of Entry in Adversary Proceedings

EDC 6-970A Order Granting Application For Order of Examination Under Federal Rule
of Bankruptcy Procedure 2004(a) [No Document Production]

EDC 6-970B Order Granting Application For Order of Examination Under Federal Rule
of Bankruptcy Procedure 2004(a)

The documents listed above are available on the Court’s Internet web site at http://www.caeb.uscourts.gov. If you do not have Internet access, the documents are available at the Fresno, Modesto, and Sacramento Clerk’s Office public lobbies.

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APPENDIX IV (Updated 12/1/09)

SELECTED GENERAL ORDERS AND SPECIAL ORDERS

General Order 09-03 Order Adopting Revision to Interim Rule 1007-1

General Order 09-02 Order Adopting Revisions to Local Bankruptcy Rules

General Order 09-01 Electronic Filing of Documents - Time of Filing Per Local Bankruptcy
Rule 5005-1(f)(2)

General Order 08-05 Electronic Availability and Redaction of Electronically Filed Transcripts

General Order 08-04 Order Adopting Interim Rule 1007-1

General Order 08-03 Order Vacating General Order 05-04 (Except with Respect to Interim Rule
5012) and Vacating General Order 06-04

General Order 08-02 Amendment to General Order 05-03, Chapter 13 Cases

General Order 08-01 Amendment to Local Rule 3007-1

General Order 07-04 Technical Amendment to Local Rule 9014-1 (d)(1) & (2)

General Order 07-03 Abrogation of General Order 99-1, Order Concerning Filing of Papers

General Order 07-02 Technical Amendment to Local Rule 7005-1(d)(1)

General Order 07-01 Technical Amendments to Local Rules 5005.5-1 (b) & (e) and 7005-1 (a)
& (b)

General Order 06-03 Amendment of Local Bankruptcy Rul 9014-1(f)(3)

General Order 06-02 Amendment of Local Bankruptcy Rules 1007-1, 2002-1 and 9004-1 and
Adoption of New Local Bankruptcy Rules 5005-1, 5005.5-1 and 7005-1;
Technical Amendment of Local Bankruptcy Rules 1002-1 and 1007-1

General Order 06-01 Amendment to General Order 05-03, Chapter 13 Cases

General Order 05-05 Filing of Employer Payment Advices Pursuant to 11 U.S.C. §
521(a)(1)(B)(iv)

General Order 05-03
Order Concerning Chapter 13 Cases (Applies to chapter 13 cases filed on
or after 10/17/05, and cases converted to chapter 13 on or after 10/17/05.
For cases filed or converted to chapter 13 prior to 10/17/05, see General
Order 97-02, 00-02, 01-02, or 03-03.) As Amended by GO 06-01 and
GO 08-02.

General Order 05-01 Technical Amendment to Local Bankruptcy Rules 2002-1(d)

General Order 04-04 Deposits of Registry Funds

General Order 04-03 Revision to Local Bankruptcy Rule 1002-1

General Order 04-02 Abrogation of Local Bankruptcy Rule 2016-1 and Revision to Local
Bankruptcy Rule 9022-1

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General Order 04-01 Amended and Restated Order Concerning Filing, Signing, and Verifying Documents by Electronic Means [Amends, Restates and Supercedes General Order 03-04]

General Order 03-02 Issuance of Orders to Show Cause for Failure to Timely File Documents;
For Failure to Attend Meeting of Creditors; and/or for Failure to Pay
Filing or Installment Fees

General Order 02-02 New Local Bankruptcy Rule 3007-1 and Revisions to Local Bankruptcy
Rules 4001-1 and 9014-1

General Order 02-01 Order Adopting Procedure Under Federal Rule of Bankruptcy Procedure
9014(d) and Local Bankruptcy Rule 9014-1

General Order 01-03 New Local Rule 7056-1 and Revisions to Local Rules 9004-1 and 9014-1

General Order 00-3 Modification of Dispute Resolution Procedures for Bankruptcy Cases and
Adversary Proceedings

General Order 98-5 Complaints Against Pro Se Debtors Pursuant to 11 U.S.C. §§ 523 and 727

General Order 95-1 Adoption of Dispute Resolution Procedures for Bankruptcy Cases and
Adversary Proceedings

Special Order 05-01 Acceptance and Filing of Documents on October 15 and 16, 2005

Special Order 06-01 Delegation of Authority to the Clerk of the Bankruptcy Court and his
Deputies

The documents listed above are available on the Court’s Internet web site at http://www.caeb.uscourts.gov. If you do not have Internet access, the documents are available at the Fresno, Modesto, and Sacramento Clerk’s Office public lobbies.

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