CASB — General Order 20-3 (Admin Order)

Source: https://www.casb.uscourts.gov/sites/casb/files/documents/general-orders/Admin%20Order%20Extending%20Certain%20Deadlines%2020-3.pdf

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF CALIFORNIA

In re: ) FILED March 25, 2020 ) EXTENDING CERTAIN DEADLINES ) ADMINISTRATIVE ORDER DURING THE COVID-19 PUBLIC ) NO. 20-3 EMERGENCY ) ____________________________________________________ )

In response to the Region 15 United States Trustee’s ("UST's") Notice RE: Section 341

Meeting of Creditors continuing all § 341 meetings, and the UST's request that certain deadlines

contained in the Federal Rules of Bankruptcy Procedure ("Rules") and 11 U.S.C. § 1308 be

temporarily extended to accommodate logistical challenges related to the COVID-19 pandemic;

IT IS HEREBY ORDERED that:

Unless further extended pursuant to a further Administrative Order of the court, or an order

entered in a specific case, the following deadlines are extended in all cases pending or filed in this

District:

1. The 60-day deadline set under Rule 1007 for debtors in Chapter 7 cases to file the

statement required by Rule 1007(b)(7) will run from the continued date for the meeting of

creditors;

2. The deadline set under Rule 2003(a) for holding § 341 meetings will run from a

date to be determined by the UST;

3. The deadline set under Rule 2015.3(b) for the trustee or debtor in possession to file

a financial report regarding each entity that is not a publicly traded corporation or a debtor

in a bankruptcy case and in which the estate holds a substantial or controlling interest will

run from the date that is seven days before the continued date for the meeting of creditors;

4. The deadline set under Rule 4008(a) for filing a reaffirmation agreement is

extended to 60 days after continued date for the meeting of creditors;

5. The deadline under 11 U.S.C. § 1308(a) for filing tax returns is extended to the day

before the continued date for the meeting of creditors;

6. The Rules specify that certain matters require a request or motion for extension

with an opportunity for hearing before the deadline can be extended. To accommodate

logistical issues arising from the COVID-19 pandemic, these matters ("Eligible Matters")

may, until further order of the court, be determined by an expedited notice of intended

action and opportunity for hearing under the following procedures:

a. Eligible Matters for the expedited notice of intended action procedure to request

an extension of the applicable deadline consist of the following: (1) Deadline

extensions for UST motions to dismiss for abuse under Rule 1017(e); (2)

Deadline extensions for Rule 4004(a) objections to a debtor’s discharge; and

(3) Deadline extensions for Rule 4007(c) objections to discharge of certain

debts.

b. A party seeking an extension of the deadline for any Eligible Matter due to

circumstances related to the COVID-19 pandemic must file a notice of intended

action stating:

NOTICE: Due to logistical issues related to the COVID-19 pandemic,

[PARTY] requires a 60-day extension of time to file [NAME OF

DOCUMENT], currently due on [CURRENT DUE DATE].

c. The notice of intended action must be filed on or before the current deadline set

by the applicable Rule.

d. Any opposition or response to a notice of intended action must be filed and

served not more than ten days after service of the notice of intended action,

along with a request and notice for hearing substantially conforming to Local

Form CSD 1184.

e. If the opposition period expires without the timely filing of any opposition or

other response and a request for hearing, the extension request will be deemed

granted without the need for a hearing. The movant may then upload a proposed

order and comply with LBR 9013-10.

f. An extension requested by a party in interest, other than the acting

trustee or UST, will be made applicable only to that party in interest. Any

extension requested by the acting trustee or UST will be made applicable only

to the acting trustee or UST.

IT IS SO ORDERED.

Date: March 25, 2020 s/ Margaret M. Mann MARGARET M. MANN, Chief Judge United States Bankruptcy Court