CASB — Local Rules and Administrative Procedures

CASB — Local Rules and Administrative Procedures¶

Source: https://www.casb.uscourts.gov/sites/casb/files/2025_LBR_and_AdminProc_2025-12-01_R2.pdf

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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF CALIFORNIA

Local Bankruptcy Rules and Administrative Procedures

December 1, 2025

Jacob Weinberger United States Courthouse 325 West F Street San Diego, CA 92101-6991

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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF CALIFORNIA

Local Bankruptcy Rules

December 1, 2025

Jacob Weinberger United States Courthouse 325 West F Street San Diego, CA 92101-6991

Table of Contents

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RULE 1001. SCOPE OF RULES; SHORT TITLE

1001-1. Adoption of the Local Bankruptcy Rules. The United States Bankruptcy Court for the Southern District of California (the "Court") adopts the following rules (the "Local Bankruptcy Rules"). The Local Bankruptcy Rules govern all cases and all adversary proceedings, contested matters, and other proceedings, and bind all parties appearing therein. 1001-2. Amendment by General Order. The Court may amend the Local Bankruptcy Rules subsequent to the Effective Date by a General Order of the Court. The Court posts General Orders on the Court's website: http://www.casb.uscourts.gov/general-orders. 1001-3. Judges of the Court May Modify These Rules in a Specific Case or Action. Each judge of the Court may deviate from the procedures set forth in any Local Bankruptcy Rule in a specific case or proceeding and on the Court's own motion or at the request of any party. 1001-4. Local Bankruptcy Rules Supplement Federal Bankruptcy Rules. The Local Bankruptcy Rules supplement the Federal Rules of Bankruptcy Procedure ("Bankruptcy Rules"). In the event of any conflict between the Local Bankruptcy Rules and the Bankruptcy Rules, the provisions of the Bankruptcy Rules govern. 1001-5. Adoption of Certain Local Rules of the District Court. Appendix B, as amended from time to time, lists provisions of the Local Civil Rules of Practice of the United States District Court for the Southern District of California ("District Court") that are applicable to proceedings in the Bankruptcy Court. 1001-6. Definitions; Rules of Construction. (a) Definitions and Rules of Construction from External Sources. Capitalized terms not otherwise defined in the Local Bankruptcy Rules have the meaning set forth in 11 U.S.C. § 101 and FRBP 9001 and 9002. The rules of construction of 11 U.S.C. § 102 also govern the Local Bankruptcy Rules. (b) Definitions. The Local Bankruptcy Rules employ the following additional definitions: (1) "Action" means an adversary proceeding, contested matter, motion governed by FRBP 9013, notice of intended action, application, or other proceeding of any type pending before the Court. (2) "Administrative Procedures" means Local Form CSD 1800 which is found on the Court’s website at www.casb.uscourts.gov, as it is amended from time to time. The Administrative Procedures provide requirements for practice before the Court in the areas of filing, including electronic filing, payment, Document preparation, service, notice, signatures, and general practice. (3) "Bankruptcy Rules" means the Federal Rules of Bankruptcy Procedure. (4) "Civil Rules" means the Federal Rules of Civil Procedure. 1

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other appropriate circumstances. Appendix A contains a link to the current fee page on the website. 1006-2. Method of Payment. A debtor or attorney must pay Fees through the methods allowed by the Administrative Procedures. 1006-3. Waiver of Filing Fee. An application to waive the chapter 7 filing Fee must substantially conform to Official Form B 103B. 1006-4. Approval of Installment Fees. An application to pay the filing Fee in installments must substantially conform to Local Form CSD 1006. The Clerk may grant an Individual’s application to pay the filing Fee in installments. 1006-5. Dishonored Checks and Declined Credit Cards. The Clerk accepts non-cash payment of Fees subject to collection and provides full credit only when the non-cash payment is paid or accepted by the relevant financial institution or credit card company. The Clerk will collect a service charge as set forth in Appendix A in connection with any non-cash payment that is reversed, returned for lack of funds, or not honored for any reason. The Administrative Procedures outline further consequences of a failure to properly pay Fees. [The next Rule is 1007] RULE 1007. LISTS, SCHEDULES, STATEMENTS, AND OTHER DOCUMENTS; TIME LIMITS 1007-1. Special Requirements for Mailing Addresses. The System has specific requirements for the submission of names and addresses for creditors and other parties in interest. The debtor must prepare the list of creditors consistent with the most current version of Local Form CSD 1007. 1007-2. Signatures. Documents requiring an original signature may be filed electronically, but the filer must comply fully with LBR 5005-4 as to signature format and § 5005-8 as to maintenance of the original Documents. 1007-3. Extension of Time; Required Notice. A debtor filing a motion for extension of the time for filing schedules and statements must comply with LBR 9034-1 or LBR 9034-2, as appropriate, and also must serve such motion on any chapter 7, 11, 12, or 13 trustee. 1007-4. Required Notice When Schedules Are Filed After the Petition Date. When filing any lists, statements, or schedules after the Petition Date, the debtor must: (a) Service. File and serve a Proof of Service of a copy of these Documents on the U.S. Trustee, any interim trustee or trustee, and each member of any committee appointed in the case; and (b) Notice. Give notice of the Petition Date to any Entity or Individual newly listed in the lists, schedules, and statements. If applicable, this notice must be accompanied by: (1) a copy of the "Order for and Notice of Section 341(a) Meeting"; (2) any "Discharge of Debt" or "Notice of Order Confirming Plan"; and 5

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(3) in a chapter 13 case, a claim form and the date, time, and location of any
pending section 341(a) meeting or confirmation hearing currently
scheduled.
(c) Form of Notice. When noticing any Entity or Individual not previously named in
the original mailing matrix, the debtor must comply with LBR 1007-1.

1007-5. Delivery of Documents. The debtor must submit the evidence of payment and other documents required by FRBP 1007(b)(1)(E), FRBP 4002, 11 U.S.C. § 521 and Local Bankruptcy Rule 4002-1(b) to the chapter 7, 12, or 13 trustee assigned to the debtor's case or to the U.S. Trustee in a chapter 11 case, preferably through the trustee’s portal or if no portal, the EDOC System. A debtor should not file this evidence with the Court. 1007-6. Consumer Debts Secured by Property of the Estate. A trustee is not required to obtain a debtor's compliance with 11 U.S.C. § 521(a)(2)(B), if the trustee claims no interest in the property listed in an Individual debtor's Statement of Intention. 1007-7. Required Form and Timing. A nongovernmental corporate debtor must file a corporate ownership statement at the time of the petition and as a separate docket item using Local Form CSD 1007-7. 1007-8. Motion for Exemption from Credit Counseling. A motion for exemption from the 11 U.S.C. § 109(h)(4) credit counseling requirement must be accompanied by a supporting Declaration unless the exemption is based upon military duty.

[The next Rule is 1009]

RULE 1009. AMENDMENT OF VOLUNTARY PETITIONS, LISTS, SCHEDULES, AND STATEMENTS 1009-1. Notice and General Requirements. When a debtor files post-Petition amendments to the lists, schedules, and statements required by FRBP 1007 any such amendment must: (i) substantially conform to Local Form CSD 1100; (ii) be served as required by LBR 1007-4; (iii) comply with LBR 1001-6(i); and (iv) include a notice that substantially conforms to Local Form CSD 1101. 1009-2. Special Requirements for Mailing Addresses. The debtor must comply with LBR 1007-1 when filing amendments to the schedule of liabilities. 1009-3. Effect of Amendments. An amendment of a Petition, list, schedule, or statement does not reopen or extend the period for an objection to any information that is not changed. [The next Rule is 1015]

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or 3 business days before the hearing date. A response to a reply is not permitted without Court order. (f) Submission of Order. If the opposition period expires without the timely filing of any opposition or other response and a request for hearing, the Movant must promptly upload a proposed order and comply with LBR 9013-10. (g) Stay Pending Decision. The filing of a timely opposition or response to a notice of intended action will automatically stay the matter until after the hearing. (h) LBR 9013 Motion. Upon the affirmative representation of counsel for the Movant that opposition to the notice of intended action is reasonably anticipated, a hearing date may be obtained from the Courtroom Deputy and the Movant may proceed as a motion under LBR 9013.

2002-3. Noticing a PCM. If a plan modification adversely affects a party in interest, a hearing is required in every instance, and the modification must be noticed using Local Form CSD 1170 in accordance with FRBP 2002. If a modification will not adversely affect a party in interest, a hearing is not typically required, and notice is not governed by FRBP 2002. 2002-4. Noticing Procedure and Service Lists. (a) Service of Notice. When giving notice under LBR 2002-2, a party must serve a copy of the required notice without the moving papers on all creditors and Indenture Trustees and, if applicable, Equity Security Holders whose names and addresses appear in the case records. In a chapter 11 case, a copy of the notice must also be served on the Internal Revenue Service and, if the chapter 11 debtor is a corporation, on the United States Securities and Exchange Commission. (b) 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 must list and notice BOTH the United States Attorney for this district and the federal agency or other federal component through which the debtor became indebted. The address of the notice to the United States Attorney must include, in parenthesis, the name of the federal agency or other component. For example: United States Attorney for Southern District of California (For the Department of Energy or other agency) Street Address, City, State, and Zip

The notice must also be sent directly to the component agency. For example: Department of Energy, Street Address, City, State and ZIP.

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(c) Register of Addresses. A registry of federal and state agencies and addresses to be used for service under these rules is available via the Court’s website at www.casb.uscourts.gov. [The next Rule is 2004] RULE 2004. EXAMINATION OF AN INDIVIDUAL OR ENTITY

2004-1. Examination and Service. (a) FRBP 2004 governs examinations of an Individual or Entity. (b) Any party in interest seeking to examine any Individual or Entity pursuant to FRBP 2004 must make every reasonable effort to stipulate with the Individual or Entity to be examined to the date, time, place, and scope of any oral examination. A declaration so attesting must be filed in support of the application. (c) Any dispute or request for relief with respect to a proposed Rule 2004 examination shall be treated as a discovery dispute under LBR 7026-2. (d) The party requesting an examination under FRBP 2004 must use Official Form B 2540. (e) An order for examination under FRBP 2004 must require a minimum of 21 days’ notice from the date of service of the Court’s order, unless otherwise agreed to by the parties or ordered by the Court. (f) If the moving party is requesting only the production of documents and not the examination of an individual or entity, then the moving party may use Official Form B 2570 for the production of documents. [The next Rule is 2014] RULE 2014. EMPLOYMENT OF PROFESSIONALS 2014-1. Employment of Professionals. (a) Chapter 11 Debtor; Case Initiation: Chapter 11 debtors within 30 days from the Petition Date must file an application to retain all professionals as of the outset of the case in accordance with FRBP 2014(a) along with a Declaration of disinterestedness and the proposed order. Otherwise, a noticed motion is required. (b) Other Professionals. The application for employment of chapter 11 debtor professionals entering a case at a later date or applications by a trustee, official committee, or other party where Court approval is required, must conform to FRBP 2014(a) and be filed within 30 days from the commencement of employment. Otherwise, a noticed motion is required. (c) U.S. Trustee Statement of Position. Applications to employ counsel and other professionals must first be submitted to the U.S. Trustee as provided in

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Rule 9034.1 — (d) Required Information. Any application to employ professionals must…¶

LBR 9034-1. (d) Required Information. Any application to employ professionals must include a copy of the FRBP 2016(b) disclosure statement, if applicable, and a copy of any 13

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retainer agreement, guarantee, security agreement, or other agreement relevant to the employment. A contract for employment must not contain an arbitration provision or other provisions inconsistent with employment as a bankruptcy professional. (e) Substitution. The substitution of an attorney for the debtor also must comply with the Bankruptcy Code, Bankruptcy Rules, and this Local Bankruptcy Rule.

2014-2. Contract for Employment of Agents and Brokers. (a) All applications for employment of an agent or broker for the sale or lease of estate property must be accompanied by a copy of the signed written contract employing the agent or broker. All contracts for employment must provide that they are effective only upon Court approval and must be for a term not to exceed 6 months. A contract for employment must not contain an arbitration provision or other provisions inconsistent with employment as a bankruptcy professional. (b) To the extent the aggregate compensation and expenses of the agent or broker exceed $1,500, a trustee or debtor-in-possession must give the notice required by LBR 2002-2(a)(6). Otherwise, the compensation and expenses may be paid without further notice, subject to final review pursuant to 11 U.S.C. § 330. [The next Rule is 2015] RULE 2015. DUTY TO KEEP RECORDS AND MAKE REPORTS 2015-1. Duty to Make Reports. A debtor's responsibility to keep records and to prepare, file, or serve reports is the joint and several obligations of the following Individual(s): (a) If the debtor is a corporation, the chief executive officer of the debtor, and the chief financial officer of the debtor; (b) If the debtor is a partnership, each general partner; (c) If the debtor is a limited liability company, both the managing member and chief executive officer of the debtor; (d) If the debtor is a limited liability partnership, both the managing partner and chief executive officer of the debtor; (e) The Individual who executed the chapter 11 Petition on behalf of the debtor; and (f) The Individual who executed the last operating report submitted at or before the hearing at which the Court ruled that a chapter 11 trustee should be appointed. 2015-2. Payment of Routine Expenses. The trustee or debtor-in-possession is authorized, without notice or order of the Court, to pay appropriate routine administrative expenses up to an aggregate of $1,000. These expenses include, but are not limited to, expenses for adjuster services, insuring property, bond premiums, banking fees, and changing locks. Any such payments are subject to final review pursuant to 11 U.S.C. § 330. [The next Rule is 2016]

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RULE 2016. COMPENSATION FOR SERVICES RENDERED AND REIMBURSEMENT OF EXPENSES 2016-1. Case with Multiple Professionals. In a case with multiple professionals, the debtor, the debtor's counsel, if the debtor is in possession, or the trustee or the trustee's counsel must coordinate the service of one notice of hearing regarding interim and final applications for compensation for all professionals employed by the estate. 2016-2. Application for Allowance of Compensation and Expenses for Professionals. (a) FRBP 2016. Applications for allowance of compensation and expenses for professionals must conform with FRBP 2016. (b) U.S. Trustee Guidelines; CSD 1143. Except as otherwise set forth in subsection (e) below, all applications for professional fees must comply with the United States Trustee Guidelines for Reviewing Applications for Compensation and Reimbursement of Expenses. These requirements include a categorized listing of services rendered attached as an exhibit to the application. In addition, all fee applications must be accompanied by an analysis that substantially conforms to Local Form CSD 1143. (c) Large Cases. Applications in large cases, as defined by the United States Trustee Guidelines for Reviewing Applications for Compensation and Reimbursement of Expenses, must comply with these guidelines applicable to large cases. (d) Reference to Retention Date. The initial fee application must include the date of entry of the order authorizing employment and the effective date of the order. (e) Chapter 13 Cases. LBR 2016-2(b) does not apply to applications for professional fees in a chapter 13 case unless the amount of fees sought is in excess of fees set forth in the currently effective guidelines governing chapter 13 attorney fees issued by the Court. 2016-3. Final Fee Applications. (a) Unless otherwise ordered by the Court, all professionals must file final fee applications. (b) Motions for final fee awards must contain the following: (1) all information required of interim fee applications under LBR 2016-2; (2) a request for approval of all prior interim fee awards; and (3) a request for payment of all amounts previously allowed but unpaid pursuant to LBR 2016-2. 2016-4. Orders for Compensation. All orders for interim or final compensation of professionals must substantially conform to Local Form CSD 1144. [The next Rule is 3002]

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RULE 3002. NOTICES RELATING TO CLAIMS SECURED BY SECURITY INTERESTS IN THE DEBTOR’S PRINCIPAL RESIDENCE 3002-1. Notices for Chapter 13 Cases Where No Proof of Claim Has Been Filed by the Creditor Holding a Claim Against the Debtor’s Principal Residence. A creditor holding a claim secured by a chapter 13 debtor’s principal residence may electronically file the mandatory notices of mortgage payment change or notices of post-Petition mortgage fees, expenses, and charges on the claims register in the debtor’s case pursuant to FRBP 3002.1(b) and (c) regardless of whether the creditor previously filed a proof of claim. 3002-2. Objection to Notice of Payment Change. (a) Objections to a notice of mortgage payment change, together with Local Form CSD 1184 and a Proof of Service, must be filed and served on the creditor, chapter 13 trustee, and U.S. Trustee. (b) Before filing the objection to a notice of mortgage payment change, the objecting party must obtain a hearing date. (c) Any hearing on an objection to a notice of mortgage payment change requires at least 21 days’ notice to the creditor. The creditor must file a response to the objection to notice of mortgage payment change, along with Proof of Service, within 14 days after service of the objection. [The next Rule is 3003] RULE 3003. CLAIMS BAR DATE AND FILING PROOFS OF CLAIM IN CHAPTER 11 CASES 3003-1. Timing. Unless otherwise ordered by the Court, and except as provided in FRBP 3003(c)(3), proofs of claim or interest must be filed pursuant to FRBP 3003 and within 70 days after the date of the order for relief. If the claimant is a governmental unit, the proof of claim or interest must be filed within 180 days after the date of the order for relief, or at such later time as the Federal Rules of Bankruptcy Procedure or the Court may provide. 3003-2. Request to Alter. Any party in interest may file a motion, upon notice to all parties in interest, seeking an order from the Court altering the date(s) provided for in this rule, upon a showing of good cause. [The next Rule is 3007] RULE 3007. OBJECTION TO CLAIM 3007-1. Claims – Objections. (a) Content of Objection. The objection must be filed by motion using Local Form CSD 2015. If an objection to a claim is joined with a demand for relief specified in FRBP 7001, then LBR 7003 et seq. pertaining to adversary proceedings applies. (b) Designation of Claim. The objecting party must note the number of the claim in the objection filed with the Court. [The next Rule is 3013]

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RULE 3013. CLASSIFICATION OF CLAIMS IN CHAPTER 13 CASES

3013-1. Objection to Trustee’s Notice of Classification. If an interested party in a chapter 13 case objects to the trustee's Notice of Classification of a Claim based upon the proposed provision for the claim within an unconfirmed plan, the party may file an objection to confirmation in order to challenge such classification and confirmation of the plan, without the necessity for a separate objection to the trustee’s Notice of Classification of Claim. If an interested party does not file a timely objection to confirmation, the party may be barred from challenging the trustee’s Notice of Classification. If an interested party in a chapter 13 case objects to the trustee’s Notice of Classification of Claim for any other reason (such as lack of security interest or insufficient proof of perfection), the party must file and serve an objection to the classification, within 30 days after service of the Notice of Classification. [The next Rule is 3015] RULE 3015. CHAPTER 13 PLANS; EXTENSIONS; MODIFICATION OF OR OBJECTIONS TO CONFIRMATION OF CHAPTER 13 PLANS 3015-1. Chapter 13 Plan. (a) Mandatory Chapter 13 Plan. The use of the Local Form CSD 1300 is required. Any alterations to the form Mandatory Chapter 13 Plan must be noted in the manner required in the form. (b) Extension of Time for Filing. A motion for extension of time to file a plan is governed by LBR 9006-1(d) and LBR 9034-2. (c) Dismissal by Chapter 13 Trustee. A motion by the trustee to dismiss after plan confirmation may be made on notice only to the debtor and the debtor's attorney, with Proof of Service filed with the Court. As the respondent, the debtor must obtain a hearing date pursuant to LBR 9013-4. 3015-2. Chapter 13 – Amendments to Plan. (a) PCM. When a plan amendment not adversely affecting a party in interest is required before confirmation, it may be filed as a PCM at any time before a 341(a) meeting or confirmation hearing, and no separate notice is required. An amendment before confirmation that might adversely affect a party in interest must be filed and noticed as a proposed amended plan. See LBR 2002-3 and 3015-6. (b) Post-Confirmation. When an amendment to the plan is required after confirmation of plan, the proposed amended plan must be attached to Local Form CSD 1149 and separately filed on the docket. (c) For minor modifications, see LBR 3015-9.

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3015-3. Hearings on Confirmation of a Chapter 13 Plan. A hearing on confirmation of a Chapter 13 plan will not be required unless a timely objection is asserted in accordance with this rule or a PCM is filed that adversely affects a party in interest. 3015-4. Form of Objection to Chapter 13 Plan. Objections to confirmation of an original plan or any amended plan that (i) would adversely affect a party in interest or (ii) is filed post- confirmation, including, but not limited to, objections of the trustee, must be in writing and must set forth with specificity all provisions of the Bankruptcy Code or Bankruptcy Rules relied upon in support of the objection in a form substantially conforming to Local Form CSD 1172 together with any additional Documents required by LBR 9013-7(b). 3015-5. Time and Manner for Objecting to an Original Chapter 13 Plan. (a) Timing. Objections to the confirmation of the plan must be filed, along with Proof of Service, within 7 days after the filing of the Notice of Meeting of Creditors Held and Concluded. Untimely objections may not be considered. Any such objections must be noticed for hearing at least 28 days after filing the objection. (b) Notice. The objector must: (i) file a notice substantially conforming to Local Form CSD 1173 filed contemporaneously with an objection to confirmation; (ii) file along with Proof of Service; and (iii) obtain a hearing date. (c) Response. Any response to the objection must comply with LBR 9013-7 and must be filed, along with Proof of Service, within 14 days after service of the objection. If no response is timely filed to the objection, then the objecting party may request an order sustaining the objection and granting other relief appropriately requested in connection with the objection. (d) Reply. Any reply to a response must be filed with the Documents required in

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Rule 3015.7 — 3015-6. Time and Manner for Objecting to Modifications of a Chapter 13 Plan.¶

LBR 3015-7. 3015-6. Time and Manner for Objecting to Modifications of a Chapter 13 Plan. (a) Objections to Modifications with an Adverse Impact on Creditors. Objections to such a modification, which is to be noticed using Local Form CSD 1170 must be filed along with a Proof of Service within 28 days of service and served upon the debtor(s), counsel, and the chapter 13 trustee. Any response to the objection will be considered at the time of the confirmation hearing. (b) Objections to Post-Confirmation Modifications. Objections to a post-confirmation modification or amended plan noticed using CSD 1149 must be filed, along with a Proof of Service, within 28 days of the modification’s service. Any response to the objection must comply with LBR 9013-7 and must be filed, along with a Proof of Service, within 14 days of the objection’s service. 3015-7. Duty to Meet and Confer. The plan proponent and objecting party must confer to attempt to resolve plan objections. If the objections remain unresolved, then at least

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7 days before the confirmation hearing, each party must file a status report that states with specificity the nature and extent of any unresolved issues. 3015-8. Order Confirming Chapter 13 Plan; Duty of Debtor's Attorney. The debtor must prepare and upload Local Form CSD 1177 for the chapter 13 trustee to review within 14 days of the time that the plan is first ready for confirmation (e.g., if no timely objection is filed or when all objections are withdrawn or resolved). The trustee must then either reject the order with notes or forward the approved order to the Court within 14 days of receipt. If counsel provides no order, the chapter 13 trustee may upload Local Form CSD 1178. 3015-9. Minor Modifications. The Court may approve, on the written stipulation of the debtor and the trustee, nonmaterial modifications of a confirmed chapter 13 plan. To be regarded as nonmaterial, the modification must not delay or reduce the dividend payable on account of any claim or otherwise modify the claim of any creditor absent the affected creditor’s written consent. 3015-10. Motions to Value Property Subject to Lien Under Plan. (a) Format. A request to value property subject to a lien and to treat a claim as unsecured pursuant to §§ 506(a) and 1322 and FRBP 3012 must be noticed as a motion in accordance with FRBP 9014 and LBR 9013-4 by using Local Form CSD 1171.1. If timely opposition of the motion is not filed, then LBR 9013-10(a) will apply and the Court may deem the non-Movant to have consented to the motion. (b) Party to Be Named. If a proof of claim has been filed, the party to be named in the motion is the "Name of Creditor" listed on Form B 410. (c) Service. The motion must be served in accordance with FRBP 7004 Service. (d) Deadlines for Motions to Value. (1) The motion must be filed no later than 28 days after a proof of claim is filed by the creditor whose lien the debtor seeks to treat as unsecured, or 28 days after the claims bar date, whichever is earlier. (2) If a motion is not timely filed, the Court may upon proper motion grant an extension for good cause. Alternatively, the failure of a debtor to timely file a motion may form the basis for: a denial of the confirmation of a plan containing a paragraph that seeks to value property subject to a lien and treat the claim as unsecured; dismissal of the chapter 13 case based on a finding of unreasonable delay that is detrimental to creditors; or other similar action appropriate under the facts of the case. (3) A hearing must be obtained that is no later than 42 days after the date the motion is served. Untimely motions will not be given a hearing date without further order of the Court. (4) Opposition to a lien strip motion is due 28 days after service of the motion.

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(5) If no opposition is timely filed, then the debtor may submit to the Court an
order granting the motion substantially conforming to Local Form CSD
1171.2.

3015-11. Adequate Protection. Adequate protection payments are governed by General Order 175-F. [The next Rule is 3017] RULE 3017. MODIFICATION OF OR OBJECTIONS TO DISCLOSURE STATEMENT AND CHAPTER 11 PLAN 3017-1. Disclosure Statement – Approval. Whenever the proponent of a plan amends either the chapter 11 disclosure statement or chapter 11 plan, the proponent must file a separate "redlined" copy that identifies the added language by underlining and the deleted or substituted language by strikeouts. This separate copy must be filed and served at the time the unmarked original of the amended Document is filed. 3017-2. Individual Chapter 11 Combined Plan and Disclosure Statement. (a) In an Individual chapter 11 case, the Plan/DS may be used. Local forms and instructions for the Plan/DS are posted on the Court’s website. (b) If the Plan/DS is used: (1) Notice of hearing on motion for review and conditional approval of the Plan/DS (CSD 1153) must be given in accordance with LBR 9013-6(a)(1). (2) Any written opposition must be filed in accordance with LBR 9013-6(a)(3). (c) Notwithstanding section (b)(2) above, any party may attend the hearing and present oral comments in lieu of filing written comments by the opposition deadline. (d) No party waives the right to object to the adequacy of disclosure or the propriety of confirmation, or to vote on the proposed plan, by not responding to the motion for review. [The next Rule is 3018] RULE 3018. ACCEPTANCE OR REJECTION OF CHAPTER 11 PLAN 3018-1. Ballots – Voting on Plans. (a) Notice re: Ballots. The notice of a chapter 11 confirmation hearing must contain a statement advising creditors to return their ballots to the plan proponent or as otherwise directed by the Court. (b) Assembly. The plan proponent must assemble the ballots, arranged by class, keeping acceptances and rejections separate, and must note on the lower right corner of the ballots the appropriate claim numbers to the extent that such numbers are available from the Clerk. A cover page must be added showing the case caption and titled "ACCEPTANCES TO PLAN" or "REJECTIONS TO PLAN."

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RULE 4003. RULE EXEMPTIONS

4003-1. Motions to Avoid Liens Under 11 U.S.C. § 522(f). The debtor’s motion to avoid a lien or other transfer of property under § 522(f) must be accompanied by: (a) a Declaration of the debtor or other competent evidence of the fair market value of the property; (b) the amount of the lien to be avoided; (c) the value claimed exempt; (d) the nature and amount of other liens against the property; and (e) the statutory basis for the exemption. Lien avoidance motions on declared homesteaded property must also be accompanied by a copy of the recorded homestead declaration. [The next Rule is 4004] RULE 4004. CHAPTER 13 OR CHAPTER 11 INDIVIDUAL DISCHARGE 4004-1. Certification. To obtain a discharge, a chapter 11 Individual debtor or a chapter 13 debtor must file a certification concerning Domestic Support Obligations which must substantially conform to Local Form CSD 2120 or 2121 as appropriate. In joint cases, each debtor may complete and file a separate form or may complete and file a single form that is signed by both debtors. [The next Rule is 5005] RULE 5005. FILING AND TRANSMITTAL OF PAPERS 5005-1. Electronic Filing. (a) Official Record. The electronic file is the official record of the Court. (b) Mandatory Requirement. Except as expressly provided in the Administrative Procedures or in exceptional circumstances that prevent a user from filing electronically, all Documents required to be filed or lodged with the Court must be electronically filed through the System. (c) Entry on Docket. The electronic filing of a Document in accordance with the Administrative Procedures constitutes entry of that Document on the docket kept by the Clerk under FRBP 5003. (d) Controlling Rule. The Administrative Procedures and this Bankruptcy Local Rule govern electronic filing and CM/ECF, and control in the event of a conflict with any other Local Bankruptcy Rule or General Order. 5005-2. Eligibility to Participate. The Administrative Procedures define a Registered User as an Individual who has been issued a login and password by the Court to electronically file Documents. 5005-3. Registration. A Registered User must keep the user’s unique CM/ECF information current at all times (e.g., name, address, e-mail service address, contact name, and

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RULE 7054. FINDINGS OF FACT, CONCLUSIONS OF LAW, ORDERS, AND JUDGMENTS

7054-1. Applicability of Rule. This rule is to be read in conjunction with FRBP 7052, 7054 and 9021 and governs the preparation, submission, and approval of findings of fact, conclusions of law, judgments, and orders. 7054-2. Duty of Prevailing Party. Within 14 days after the date of a ruling, the prevailing party must prepare and submit any final or proposed judgment or orders and, if required, separate final or proposed findings of fact and conclusions of law, in the manner provided in LBR 7054-3. 7054-3. Procedures for Submission of Orders After Hearing. (a) Orders Approved as to Form. Where all opposing parties approve the form of any final or proposed order, judgment, findings of fact, or conclusion of law ("Proposed Order"), compliance with LBR 7054-3(b) is excused. The parties must indicate approval as to form of the Proposed Order by signing "approved as to form" at the end of the text of the Proposed Order. (b) Lodgment of Orders. Where any opposing party does not approve the form of any Proposed Order or where the prevailing party elects not to seek approval, the Proposed Order must be lodged (the "Lodged Order") and a Notice of Lodgment conforming to the Administrative Procedures must be filed, which includes a copy of the Proposed Order as an Exhibit. The Notice of Lodgment must inform the opposing party that any objection to the form or content of the Lodged Order, and an alternative Proposed Order, must be filed and served within 7 days from the date of service of the Proposed Order. (c) Opposition to Lodged Order. Any party who opposes the Lodged Order must file any objection, an alternate Proposed Order, and a Document that identifies by redline or other reasonable method the changes from the Lodged Order within 7 days from the date of service of the original Notice of Lodgment. A copy of the proposed Alternative Order must be attached as an Exhibit to the objection. No further Documents regarding the Lodged Order will be considered except upon leave of Court. [The next Rule is 7055] RULE 7055. DEFAULT 7055-1. Required Form for Request to Enter Default. (a) A request to enter default under FRBP 7055 must conform substantially to Local Form CSD 3030. (b) Unless previously filed, the request must be accompanied by a supporting Declaration. [The next Rule is 7065]

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RULE 7065. TEMPORARY RESTRAINING ORDERS AND PRELIMINARY INJUNCTIONS

7065-1. Requirements. (a) Adversary Proceeding Required. Before a party files an application for a temporary restraining order or for a preliminary injunction, the party must file an adversary proceeding that includes a request for injunctive relief. (b) Documents Required. The application must be made in a Document separate from the complaint and must be accompanied by: (1) a separate memorandum of points and authorities in support of the application; (2) a proposed temporary restraining order or preliminary injunction; and (3) a Declaration evidencing compliance with FRBP 7065's notice requirements. [The next Rule is 7069] RULE 7069. WRITS OF EXECUTION AND ENFORCEMENT OF JUDGMENTS 7069-1. Required Forms for Writs of Execution. Whenever a party seeks a Writ of Execution in accordance with state law as provided in FRBP 7069, the request and writ must substantially conform to Local Forms CSD 3057 and CSD 3058. (a) If the request includes any new costs or partial satisfactions, it must be accompanied by a supporting Declaration using Local Form CSD 3057A stating the dates and amounts thereof. The request and Declaration must be served on the judgment debtor at the last known address available to the judgment creditor.

7069-2. Examination in Aid of Enforcement of Judgment. Whenever a party seeks to examine a judgment debtor or a third party in aid of enforcement of a judgment in accordance with state law as provided in FRBP 7069, the application and order must conform substantially to Local Form CSD 3060 and CSD 3061. A judgment creditor may not use FRBP 2004 to collect information to use to enforce a judgment, but must use the remedies provided by state law and FRBP 7069. 7069-3. Registration of Judgments. A judgment by a bankruptcy judge from any other district may be registered in the Southern District of California by filing with the Clerk a certified copy of such a judgment accompanied by Form B 2650, and by payment of the Fee mandated by the Judicial Conference pursuant to 28 U.S.C. § 1930. [The next Rule is 9006] RULE 9006. TIME FOR MOTIONS AND OBJECTIONS; LENGTH OF BRIEFS; PROOF OF SERVICE 9006-1. Time for Motions and Opposition. (a) Service of Motion. FRBP 9006(d), LBRs 2002, 4001, 4002, and 9013 govern service of a motion.

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(b) Notice of Hearing. FRBP 9006(d) and LBRs 2002-3, 4001-3, 4002(d) and 9013 govern notice of hearing unless the hearing is deemed waived. (c) Opposition. FRBP 9006(d) and LBRs 2002, 4001, 4002, and 9013 govern the time for filing any opposing affidavits or objections. (d) Extending and Shortening Time. Subject to the limitations of FRBP 9006, a motion for an order extending or shortening time under the Bankruptcy Rules or Local Bankruptcy Rules may be submitted ex parte pursuant to LBR 9013-3(e) with a proposed order. (e) Inaccessibility of the Court. The Clerk’s office is "inaccessible" within the meaning of FRBP 9006 on any day when: (i) for electronic filers, the System is not available for electronic filing; or (ii) for paper filers, the clerk’s office is not open during regularly-scheduled hours.

9006-2. Proof of Service. (a) Filing. Proof of Service of all Documents served must be filed with the Clerk's office on the next court day following the date of service of the Documents and must indicate the date and manner of service by attaching or including: (1) written acknowledgment of receipt of service by the attorney or authorized Individual served; or (2) attorney's certificate or Declaration of the Individual who mailed or otherwise served the Documents. (b) Validity of Service. The validity of the service is not affected by the failure to file the Proof of Service. (c) Required Information. A Proof of Service of a Document must identify the following: (1) document(s) served; (2) service date; (3) name of the Individual or Entity served and that Individual's or Entity's: A. mailing or street address if served by mail or hand delivery; B. email address if served electronically; or C. fax number if served by fax transmission; (4) name of the party if service was made on the party’s attorney; and (5) method of service (personal, hand delivery, first class mail, the System, or other delivery method with written consent). (d) Written Consent to Electronic Service. If service is made by electronic means, other than through the System, the Proof of Service must include a statement 43

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that the party being served consented to the particular method of service. Facsimile and email service require such consent. (e) Service by the System. If service is made using the System, the party filing the Proof of Service may rely on the NEF to indicate that service was made, except as set forth in LBR 2002-1 where the Clerk will file the proof of service and LBR 5005-6 where service is made on parties who are not participants in the System. The NEF, however, is not a substitute for a Proof of Service. [The next Rule is 9010] RULE 9010. APPEARANCE OF ATTORNEYS

9010-1. Applicability of Rule. FRBP 9010 and Local District Court Rules 2.1, 2.2 and 83.3 govern the appearance of attorneys in bankruptcy cases and Actions. 9010-2. Applications for Admission. Applications for admission under Local District Court

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Rule 83 — 3(c)(1) must be presented to the District Court clerk. The application must be¶

Rule 83.3(c)(1) must be presented to the District Court clerk. The application must be accompanied by the required fee. Checks must be made payable to "Clerk, United States District Court." 9010-3. Pro Hac Vice Application. Pro hac vice applications under Local District Court Rule 83.3(c)(4) for appearance in bankruptcy cases and Actions must be presented to the Clerk. The application must be accompanied by the required fee. Checks must be made payable to "Clerk, United States District Court." 9010-4. Attorney's Duty to Keep Contact Information Current. Attorneys appearing in open bankruptcy cases and other actions must keep the Court apprised of their current mailing address, telephone number, and other relevant information. Registered users of the CM/ECF System must make changes in PACER at https://pacer.uscourts.gov/my- account-billing/manage-my-account-login which will then be forwarded to the court(s) selected by the attorney. For attorneys not registered in CM/ECF, any change of information must be submitted in writing using Local Form CSD 1546. Merely noting such a change on a Document submitted for filing will not constitute compliance with this Local Bankruptcy Rule. 9010-5. Substitution of Attorneys. Substitution of attorneys is governed by Local Rule 83.3(f)(2) of the United States District Court for the Southern District of California and, if applicable, LBR 2014-1 and must conform substantially to Local Form CSD 3011. Where one member of a firm has appeared for a party, and that attorney is leaving the firm, the attorney should use Local Form CSD 3012 (Notice of Change in Lead Attorney within Law Firm), not the Substitution of Attorney form. 9010-6. Withdrawal of Counsel. A motion to withdraw as attorney of record must conform substantially with Local Form CSD 3014 (Motion to Be Relieved as Counsel). It must be filed with the Court, noticed using Local Form CSD 1182 (Notice of Motion), and served

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(Adversary Proceedings), CSD 1171.1 (Value Property), CSD 1149, (Approval of Disclosure Statement/Plan), CSD 1158 (Impose/Extend Stay), and CSD 1173 (Objection to Ch. 13 Plan). (b) Hearing upon Request. (1) Notice of Intended Action and Opportunity for Hearing (Respondent Requests Hearing). A party in interest may initiate a request for relief through a notice of intended action as set forth in LBR 2002-2. A Notice of Intended Action and Opportunity for Hearing form, CSD 1180, is available for use. (2) Motions on Negative Notice (Respondent Requests Hearing). Unless otherwise provided in the Bankruptcy Rules or Local Bankruptcy Rules, a motion, application, or objection should be noticed with an opportunity for hearing upon respondent’s request. (3) The Movant also may request a hearing on any motion or application. Any party who is permitted to give only LBR 9013- 4(b)(1) or (2) notice may nevertheless request a hearing date be set for the motion or application upon a representation to the Court that opposition is expected or that a hearing otherwise is required. The following Notice of Motion or Notice of Objection forms should be used as applicable: CSD 1182 (Blank Description), CSD 1027 (Exemption re: Credit Counseling), and CSD 1140 (Debtor’s Claim of Exemption). 9013-5. Motions and Applications Requiring a Statement of Position. LBR 9034-1 enumerates motions and applications, which require notice to and a statement of position from the U.S. Trustee as well as the procedures for obtaining a statement of position. LBR 9034- 2 sets forth motions and applications, which require notice to and a statement of position from chapter 13 trustees as well as the procedures for obtaining a statement of position. 9013-6. Time for Service. (a) Movant Requests Hearing. In all matters where the Movant is requesting a hearing as set forth in LBR 9013-4, the time for service of motions and oppositions is as follows: (1) Time for Serving Motion. A motion, along with all Documents set forth in LBR 9013-7(a) and the notice of motion as required by LBR 2002-4, must be filed and served at least 28 days before the hearing date. (2) Time for Serving Motion for Approval of Disclosure Statement and Motion for Confirmation of Chapter 11 Plan. A motion for approval of a disclosure statement or a motion for confirmation of a Chapter 11 plan, along with all documents set forth in LBR 9013-7(a), and the notice of motion as

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required by LBR 2002- 1(a), must be filed and served no later than 42
days before the hearing date.
(3) Time for Serving Opposition, Generally. Except as otherwise provided by
the Bankruptcy Rules or Local Bankruptcy Rules, each party opposing a
motion must serve that opposition, together with all Documents set forth in
LBR 9013-7(b), no later than 14 days after service of the notice of motion.
(4) Time for Serving Opposition to Motion for Approval of Disclosure
Statement and Motion for Confirmation of Chapter 11 Plan. Each party
opposing a motion for approval of a disclosure statement or a motion for
confirmation of a Chapter 11 plan must serve that opposition no later than
28 days after service of the notice of motion.
(5) Time for Serving Opposition to Motion to Value Real Property, Treat Claim
as Unsecured and Avoid Junior Lien (Motion to Value Real Property). See
LBR 3015-9(d)(4).
(b) Respondent Requests Hearing. For all matters where the respondent is
requesting a hearing as set forth in LBR 9013-4(b) (1) and (2), except as
otherwise provided by an order shortening time or the Bankruptcy Rules and
Local Bankruptcy Rules, each respondent must serve the opposition plus items
set forth in LBR 9013-7(b) and Local Form CSD 1184 within 14 days after service
of the notice of motion.
(c) Replies. Any reply, including any supporting Documents, must be filed and
served on the adverse party the earlier of 7 days after service of the opposition or
3 business days before the hearing date. Responses to a reply are not permitted
without Court order. This provision applies to any reply to a Notice of Intended
Action as provided in LBR 2002-2(e).

9013-7. Form, Content, and Length of Documents. (a) Moving Papers. (1) General Requirements. Except as provided otherwise in the Bankruptcy Rules and Local Bankruptcy Rules, all motions and applications must be in writing. Each motion and application must be filed and served. Each motion and application must include a complete statement of the relief requested and evidence as necessary supporting that relief including, but not limited to, Declarations. (2) Special Requirements. Additional requirements are set forth in the following Local Bankruptcy Rules relating to specific matters: A. motion to dismiss case – LBR 1017, 2002-2(a)(1), and 3015-1(c); B. motion for dismissal of complaint objecting to debtor’s discharge – LBR 7041-3;

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C. motions to avoid liens under 11 U.S.C. § 522(f) – LBR 4003-1; D. motion for exemption from credit counseling under 11 U.S.C. § 109(h)(4) must be supported by a Declaration and contain information substantially conforming to CSD 1027 – LBR 1007-8; E. motion for order confirming that automatic stay is not in effect under 11 U.S.C. § 362(c)(4)(A) – LBR 4001; F. certificate of cure of entire monetary default under 11 U.S.C. § 362(1) – LBR 4001-8; G. motion to access federal income tax returns under 11 U.S.C. § 521(f) – Movant must serve the motion on the debtor in addition to the parties required by FRBP 9013; and H. insider compensation requests in Individual chapter 11 cases –

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Rule 4002.2 — (b) Oppositions and Responses.¶

LBR 4002-2. (b) Oppositions and Responses. (1) General Requirements. Except as provided otherwise in the Bankruptcy Rules or the Local Bankruptcy Rules, all oppositions and responses to motions and applications must be in writing. Each opposition and response to a motion or application must be filed and served. Each opposition and response to a motion or application must include a complete statement of the reasons in opposition to or in support of the motion and evidence as necessary supporting the reasons including, but not limited to, Declarations. (2) Failure to File Opposition. The Court may treat a failure to timely file opposition to a motion or application by any party in interest, including the U.S. Trustee and the chapter 13 trustee, as the non-objecting party's consent to the granting of the motion and waiver of oral argument. The Court, as a result, may vacate any then pending hearing and promptly enter an order granting the requested relief. (c) Replies. Parties are permitted to file replies to oppositions. (d) Length of Papers; Tables. (1) Briefs and memoranda in support of or in opposition to any pending motion or application must not exceed 25 pages. (2) Reply memoranda must not exceed 10 pages. (3) Briefs and memoranda exceeding 10 pages must include a table of contents and table of cited authorities. These tables do not count toward the page limitation.

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estate, if any, and the settlement's compliance with the requirements for settlement approval under controlling case law authority. The Movant also must: (a) Form of Order. Either attach a copy of the notice and Proof of Service as Exhibit "A" to the Order or reference these Documents by docket number within any proposed order; and (b) Evidence. File a Declaration providing evidence of the appropriateness of the settlement or compromise. [The next Rule is 9021] RULE 9021-1. Orders (See LBR 9013-10)

[The next Rule is 9025]

RULE 9025. SECURITY AND BONDS; DEPOSIT AND APPROVAL

9025-1. Surety Bonds. Non-institutional surety bonds of $1,000 or less and all corporate surety bonds, will be approved by the Clerk. The Clerk will append the following statement to the bond: "I hereby approve the foregoing bond. Dated: Clerk" Approval of all other non-institutional surety bonds or other forms or security under FRBP 9025 must be obtained by Court order. [The next Rule is 9027] RULE 9027. REMOVAL AND REMAND 9027-1. Commencement of a Removal Action. A notice of removal under FRBP 9027 must be filed with the Clerk and include, in addition to FRBP 9027(a)(1)’s requirements, Form B 1040. 9027-2. Jury Trial. If a notice of removal or answer contains a demand for a jury trial, the words "JURY DEMAND" must appear immediately after the title of the Document and on the Form B 1040 cover sheet. Notation of the jury demand solely on the cover sheet does not constitute a demand for jury trial under these Local Bankruptcy Rules. 9027-3. Remand. A motion for remand under FRBP 9027(d) must be filed with the Clerk. [The next Rule is 9034] RULE 9034. TRANSMITTAL OF MOTIONS AND APPLICATIONS TO THE U.S. TRUSTEE OR CHAPTER 13 TRUSTEE FOR STATEMENT OF POSITION 9034-1. Motions and Applications Requiring a Statement of Position of the U.S. Trustee. (a) When Required. In chapter 7, 11, and 12 cases, the Movant must request a statement of position from the U.S. Trustee for the following matters: (1) motions for extension of time for filing schedules and statements required by FRBP 1007 and LBR 1007-3; 54

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(2) applications to employ attorneys and other professionals including, but not
limited to, accountants, appraisers, auctioneers, agents, and brokers
pursuant to 11 U.S.C. § 327 or § 1103 and as required by LBR 2014 and
6005; and
(3) applications for entry of final decree on consummation of a chapter 11
plan and governed by FRBP 3022.

(b) Procedure. To obtain a statement of position, the Movant must, on the same day, file with the Court and serve on the U.S. Trustee’s Office at ustp.region15sop@usdoj.gov the following: (1) the motion or application and all supporting Declarations or documents; and (2) a proposed order attached to the motion or application as an exhibit. (c) The U.S. Trustee will only accept service at ustp.region15sop@usdoj.gov for requests for statements of position in connection with the three matters set forth in LBR 9034-1(a). The Movant's email to the U.S. Trustee must clearly set forth a return email or mailing address. (d) For a motion for extension of time for filing schedules and statements, the U.S. Trustee has 7 days from the date of filing and service of the motion to file a statement of position which may include a request that the Movant set the matter for hearing. (e) For applications to employ attorneys and other professionals and for entry of final decree, the U.S. Trustee has 14 days from the date of filing and service of the application to file a statement of position that may include a request that the Movant set the matter for hearing. (f) If the U.S. Trustee has no objection to a motion or application, the U.S. Trustee may file a statement of position. No service on the Movant is required. If the U.S. Trustee objects to the motion or application, the U.S. Trustee must file a statement of position with the Court with a Proof of Service showing service on the Movant at the email or mailing address provided in the request for a statement of position. (g) After the filing of, or the expiration of the time to file, a statement of position objecting to the motion or application, if no hearing is requested by the U.S. Trustee, the Movant may take any of the following actions: (1) submit an order to the Court requesting approval of the motion or application that references the docket entry number for any U.S. Trustee's statement of position; (2) file supplemental Documents in response to the statement of position; or

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(3) schedule a hearing with proper notice to the U.S. Trustee and other
parties in interest.
(h) If the U.S. Trustee requests a hearing in the statement of position, the Movant
must schedule the hearing with proper notice to the U.S. Trustee and other
parties in interest.

9034-2. Motions Requiring a Statement of Position of the Chapter 13 Trustee. (a) When Required. In a chapter 13 case, the debtor must request a statement of position from the chapter 13 trustee in connection with the following matters: (1) motions for extension of time for filing schedules and statements required by FRBP 1007 and LBR 1007-3; (2) motions for extension of time for filing a chapter 13 plan, as governed by LBR 3015-1; and (3) motions to sell real or personal property of the debtor, as governed by FRBP 6004. (b) Procedure. To obtain a statement of position of the chapter 13 trustee, the Movant must file the underlying motion and serve it upon the chapter 13 trustee. The Movant must then upload the CSD form 1179, Request for Statement of Position of the chapter 13 trustee, and the chapter 13 trustee, as appropriate, must execute the CSD 1179 and upload it into the System. Once the executed CSD form appears on the Court docket, the Movant must upload an order which will be subject to Court approval. [End]

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APPENDIX B

LOCAL RULES OF THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

CROSS-REFERENCE TABLE

District Court Local Rule Bankruptcy Court Local Rule

83.8 ......................................................................................................................... Not Applicable 83.9 ......................................................................................................................... Applies – Correspondence and Communications with the Judge 83.10 ....................................................................................................................... Relevant if jury requested – Jury Selection Plan 83.11 ....................................................................................................................... Not Applicable HC.1 ....................................................................................................................... Not Applicable HC.2 ....................................................................................................................... Not Applicable HC.3 ....................................................................................................................... Not Applicable A.1 .......................................................................................................................... Not Applicable B.1 .......................................................................................................................... Not Applicable C.1 .......................................................................................................................... Not Applicable E.1 ........................................................................................................................... Not Applicable F.1 ........................................................................................................................... Not Applicable Patent Local Rules 1.1 thru 4.2 ............................................................................... Not Applicable Criminal Rules 1.1 thru 58.2................................................................................... Not Applicable

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APPENDIX C

LOCAL RULES OF THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

FORMS REQUIRED BY THE LOCAL RULES OR THE ADMINISTRATIVE PROCEDURES

Number Title Reference 101 VOLUNTARY PETITION for Individual Debtors Admin. Procedures 106A/B SCHEDULE A/B- Property (Real and Personal) Admin. Procedures 106C SCHEDULE C- Property Claimed as Exempt Admin. Procedures 106D SCHEDULE D- Creditors Holding Claims Secured by Property Admin. Procedures 106E/F SCHEDULE E/F- Creditors Holding Unsecured Claims (priority & nonpriority) Admin. Procedures 106G SCHEDULE G- Executory Contracts & Unexpired Leases Admin. Procedures 106H SCHEDULE H- Codebtors Admin. Procedures 106I SCHEDULE I- Your Incomes Admin. Procedures 106J SCHEDULE J- Your Expenses Admin. Procedures 106J-2 SCHEDULE J-2 – Expenses for Separate Household of Debtor 2 Admin. Procedures 106Sum SUMMARY OF YOUR ASSETS AND LIABILITIES AND CERTAIN Admin. Procedures STATISTICAL INFORMATION 107 STATEMENT OF FINANCIAL AFFAIRS Admin. Procedures 119 BANKRUPTCY PETITION PREPARER’S NOTICE, DECLARATION, AND Admin. Procedures SIGNATURE 121 STATEMENT OF SOCIAL SECURITY NUMBER Admin. Procedures 201 VOLUNTARY PETITION for Non-Individual Debtors Admin. Procedures 206A/B SCHEDULE A/B- Property- Non-Individual Admin. Procedures 206D SCHEDULE D- Creditors Who Hold Claims Secured by Property- Non- Admin. Procedures Individual 206E/F SCHEDULE E/F- Creditors Holding Unsecured Claims- Non-Individual Admin. Procedures 206G SCHEDULE G- Executory Contracts & Unexpired Leases- Non-Individual Admin. Procedures 206H SCHEDULE H- Codebtors- Non-Individual Admin. Procedures 206Sum SUMMARY OF YOUR ASSETS AND LIABILITIES- Non-Individual Admin. Procedures 207 STATEMENT OF FINANCIAL AFFAIRS- Non-Individuals Admin. Procedures B1040 ADVERSARY PROCEEDING COVER SHEET LBR 7003-1

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Rule 9027.1 — CSD1001A ORDER TEMPLATE FOR CASES Admin. Procedures¶

LBR 9027-1

CSD1001A ORDER TEMPLATE FOR CASES Admin. Procedures CSD 1001B ORDER SHORTENING TIME FOR HEARING TEMPLATE FOR CASES Admin. Procedures CSB 1001C ORDER LODGED TEMPLATE FOR CASES Admin. Procedures

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APPENDIX C

LOCAL RULES OF THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

FORMS REQUIRED BY THE LOCAL RULES OR THE ADMINISTRATIVE PROCEDURES

Number Title Reference CSD 1001D FINDINGS OF FACT AND CONCLUSIONS OF LAW TEMPLATE Admin. Procedures FOR CASES CSD 1001E FINDINGS OF FACT AND CONCLUSIONS OF LAW LODGED Admin. Procedures TEMPLATE FOR CASES CSD 1003 NOTICE OF RELATED CASE LBR 1015-2 CSD 1006 APPLICATION TO PAY FILING FEES IN INSTALLMENTS LBR 1006-4 CSD 1007 CREDITOR MATRIX INSTRUCTIONS (SPECIAL LBR 1007-1 REQUIREMENTS FOR MAILING ADDRESSES) CSD 1016-1 SUGGESTION OF DEATH LBR 1016-1 CSD 1016-2 NOTICE AND MOTION ON SUGGESTION OF DEATH LBR 1016-2 CSD 1025 STATEMENT OF EXIGENT CIRCUMSTANCES AND REQUEST LBR 9013-3(d) FOR EXTENSION OF TIME TO FILE CERTIFICATE OF CREDIT Admin. Procedures COUNSELING CSD 1027 MOTION FOR EXEMPTION FROM CREDIT COUNSELING AND LBR 9013-4(b) NOTICE OF OPPORTUNITY FOR HEARING LBR 9013-(a)(2)(D) Admin. Procedures CSD 1033 CERTIFICATE OF CURE OF ENTIRE MONETARY DEFAULT LBR 4001-8(c) PURSUANT TO 11 U.S.C. § 362(1) AND NOTICE OF OPPORTUNITY FOR HEARING CSD 1099 BALANCE OF SCHEDULES AND/OR CHAPTER 13 PLAN LBR 5005-4(c) Admin. Procedures CSD 1100 AMENDMENT LBR 1009-1 LBR 5005-4(c) Admin. Procedures CSD 1101 NOTICE TO CREDITORS OF THE ABOVE-NAMED DEBTOR LBR 1009-1 ADDED BY AMENDMENT Admin. Procedures CSD 1105 ORDER CONVERTING CASE UNDER CHAPTER 7 TO CASE LBR 1017-2(a)(1) UNDER CHAPTER 11 CSD 1106 ORDER CONVERTING CASE UNDER CHAPTER 7 TO CASE LBR 1017-2(a)(1) UNDER CHAPTER 12 CSD 1107 ORDER CONVERTING CASE UNDER CHAPTER 7 TO CASE LBR 1017-2(a)(1) UNDER CHAPTER 13 CSD 1108 ORDER CONVERTING CASE UNDER CHAPTER 11 TO CASE LBR 1017-2(a)(1) UNDER CHAPTER 7

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APPENDIX C

LOCAL RULES OF THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

FORMS REQUIRED BY THE LOCAL RULES OR THE ADMINISTRATIVE PROCEDURES

Number Title Reference CSD 1109 ORDER CONVERTING CASE UNDER CHAPTER 11 TO CASE LBR 1017-2(a)(1) UNDER CHAPTER 12 CSD 1129 NOTICE OF CONVERSION OF CASE UNDER CHAPTER 13 TO A LBR 1017-2(b)(2) CASE UNDER CHAPTER 7 BY DEBTOR CSD 1140 NOTICE OF OBJECTIONS TO DEBTOR’S CLAIM OF LBR 9013-4(b) EXEMPTIONS CSD 1143 FEE APPLICATION SUMMARY (EXHIBIT “A”) LBR 2016-2(b) CSD 1144 ORDER APPROVING (INTERIM)(FINAL) APPLICATION OF LBR 2016-4 (APPLICANT) FOR COMPENSATION AND REIMBURSEMENT OF EXPENSES CSD 1149 NOTICE OF HEARING AND MOTION FOR APPROVAL OF LBR 3015-2(b) DISCLOSURE STATEMENT, PLAN, OR MODIFIED PLAN LBR 3015-6(c) LBR 9013-4(a)

CSD 1151 SUMMARY OF BALLOTING ON CHAPTER 11 PLAN DATED LBR 3018-2 CSD 1152 CHAPTER 11 INDIVIDUAL COMBINED PLAN OF LBR 1001-6(b)(22) REORGANIZATION AND DISCLOSURE STATEMENT LBR 3017-2 CSD 1153 NOTICE OF HEARING AND MOTION FOR REVIEW AND LBR 3017-2(b)(1) CONDITIONAL APPROVAL OF INDIVIDUAL CHAPTER 11 COMBINED PLAN OF REORGANIZATION AND DISCLOSURE STATEMENT CSD 1154 ORDER GRANTING CONDITIONAL APPROVAL OF LBR 3017-2(a) INDIVIDUAL CHAPTER 11 COMBINED PLAN OR REORGANIZATION AND DISCLOSURE STATEMENT CSD 1158 NOTICE OF HEARING AND MOTION TO EXTEND OR IMPOSE LBR 9013-4(a) THE AUTOMATIC STAY CSD 1159A ORDER TEMPLATE FOR R/S MOTIONS Admin. Procedures CSD 1159B ORDER SHORTENING TIME FOR HEARING FOR R/S MOTIONS Admin. Procedures CSD 1159C ORDER LODGED TEMPLATE FOR R/S MOTIONS Admin. Procedures CSD 1159D FINDINGS OF FACT AND CONCLUSIONS OF LAW TEMPLATE Admin. Procedures FOR R/S MOTIONS CSD 1159E FINDINGS OF FACT AND CONCLUSIONS OF LAW LODGED Admin. Procedures TEMPLATE FOR R/S MOTIONS CSD 1160 MOTION FOR RELIEF FROM AUTOMATIC STAY (REAL LBR 4001-2(a) PROPERTY/PERSONAL PROPERTY) CSD 1161 OPPOSITION TO MOTION FOR RELIEF FROM AUTOMATIC LBR 4001-3(a) STAY (REAL PROPERTY/PERSONAL PROPERTY)

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APPENDIX C

LOCAL RULES OF THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

FORMS REQUIRED BY THE LOCAL RULES OR THE ADMINISTRATIVE PROCEDURES

Number Title Reference CSD 1162 ORDER ON NONCONTESTED MOTION FOR RELIEF FROM LBR 4001-5(a) STAY (REAL PROPERTY/PERSONAL PROPERTY) CSD 1163 MOTION FOR RELIEF FROM AUTOMATIC STAY (UNLAWFUL LBR 4001-2(a) DETAINER) CSD 1165 ORDER ON NONCONTESTED MOTION FOR RELIEF FROM LBR 4001-5(a) AUTOMATIC STAY (UNLAWFUL DETAINER) CSD 1170 NOTICE OF MODIFIED CHAPTER 13 PLAN BEFORE LBR 2002-3 CONFIRMATION FRBP 2002 LBR 3015-2(a) LBR 3015-6(a) CSD 1171 DEBTOR’S MOTION TO VALUE REAL PROPERTY, TREAT LBR 3015-9 CLAIM AS UNSECURED AND AVOID JUNIOR LIEN CSD 1171.1 NOTICE OF HEARING AND DEBTOR’S MOTION TO VALUE LBR 3015-9(a) REAL PROPERTY, TREAT CLAIM AS UNSECURED AND AVOID LBR 9013-4(a) JUNIOR LIEN CSD 1171.2 ORDER GRANTING DEBTOR’S MOTION TO VALUE REAL LBR 3015-9(d)(5) PROPERTY, TREAT CLAIM AS UNSECURED AND AVOID JUNIOR LIEN CSD 1172 LBR 3015-4 OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN (See CSD 1173 for Notice) CSD 1173 NOTICE OF HEARING ON OBJECTION TO CONFIRMATION OF LBR 3015-5(b) CHAPTER 13 PLAN LBR 9013-4(a) CSD 1174 REQUEST BY DEBTOR FOR DISMISSAL OF CHAPTER 13 LBR1017-2(b)(1)(A) CSD 1175 REQUEST AND NOTICE OF HEARING RE: CHAPTER 13 Admin. Procedures TRUSTEE’S NOTICE TO DISMISS CSD 1176 ORDER DISMISSING CHAPTER 13 CASE ON DEBTOR’S LBR 1017-2(b)(1)(B) REQUEST (CSD 1174) CSD 1177 APPLICATION FOR COMPENSATION AND CONFIRMATION OF LBR 3015-8 CHAPTER 13 PLAN & ORDER CSD 1178 APPLICATION FOR COMPENSATION OF CHAPTER 13 PLAN & LBR 3015-8 ORDER FEE APPLICATION CSD 1179 REQUEST BY DEBTOR FOR STATEMENT OF POSITION OF THE LBR 9034-2 CHAPTER 13 TRUSTEE CSD 1180 NOTICE OF INTENDED ACTION AND OPPORTUNITY FOR LBR 2002-2(c) HEARING (for notice to all creditors) LBR 9013-4(b)(1)

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APPENDIX C

LOCAL RULES OF THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

FORMS REQUIRED BY THE LOCAL RULES OR THE ADMINISTRATIVE PROCEDURES

Number Title Reference CSD 1181 LBR 9013-4(a) NOTICE OF HEARING AND MOTION AND EXHIBIT A (for notice to all creditors) NOTE: Exhibit “A” is required with all notices for fee hearings. CSD 1182 NOTICE OF MOTION FOR (DESCRIPTION OF ACTION) (for notice to LBR 5010-1 less than all creditors) LBR 9013-4(b) CSD 1183 NOTICE OF HEARING AND MOTION (for notice to less than all LBR 9013-4(a) creditors) CSD 1184 REQUEST AND NOTICING OF HEARING LBR2002-2(d) LBR 3002-2(a) LBR 9013-6(b) Admin. Procedures

CSD 1185 NOTICE OF FILING OF MOTION FOR RELIEF FROM AUTOMATIC LBR 4001-2(b) STAY CSD 1186 REQUEST FOR HEARING ON MOTION FOR RELIEF FROM LBR 4001-3(a) AUTOMATIC STAY AND NOTICE OF HEARING Admin. Procedures CSD 1226 REAFFIRMATION AGREEMENT with COVER SHEET 11 USC § 524(c) Admin. Procedures LBR 1002-1(a)

CSD 1300 MANDATORY CHAPTER 13 PLAN LBR 3015-1 CSD 1330 PRE-CONFIRMATION MODIFICATION DATED TO CHAPTER 13 LBR 1001-6(b)(20) PLAN DATED CSD 1331 NOTICE OF PRE-CONFIRMATION MODIFICATION DATED TO LBR 2002-3 CHAPTER 13 PLAN DATED LBR 3015-2(a) LBR 3015-6(b) CSD 1489 MOTION TO REOPEN CASE LBR 5010-1 CSD 1490 ORDER REOPENING CASE LBR 5010-2 CSD 1514 GUIDELINES FOR THE SUBSTANTIVE CONSOLIDATION OR JOINT FRBP 1015 ADMINISTRATION OF RELATED DEBTOR ENTITIES LBR 7042-1(d) CSD 1546 ATTORNEY CHANGE OF INFORMATION FORM LBR 9010-4 CSD 1800 ADMINISTRATIVE PROCEDURES FOR FILING, SIGNING AND LBR 1001-6(b)(2) VERIFYING PLEADINGS AND PAPERS BY ELECTRONIC MEANS CSD 1801 DECLARATION RE: ELECTRONIC FILING OF PETITION, LBR 5005-4(c) SCHEDULES & STATEMENTS AND/OR AMENDMENT Admin. Procedures CSD 2015 OBJECTION TO CLAIM AND NOTICE THEREOF LBR 3007-1(a) CSD 2018 REPORT OF ABANDONMENT OF REAL PROPERTY LBR 6007

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APPENDIX C

LOCAL RULES OF THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

FORMS REQUIRED BY THE LOCAL RULES OR THE ADMINISTRATIVE PROCEDURES

Number Title Reference CSD 2024 REPORT OF SALE LBR 6004-2 CSD 2030 DISCLOSURE OF COMPENSATION OF ATTORNEY FOR DEBTOR FRBP 2016(b) CSD 2044 APPLICATION TO EMPLOY AUCTIONEER LBR 6005-1(a) CSD 2045 ORDER APPOINTING AUCTIONEER LBR 6005-1(a) CSD 2120 CHAPTER 13 INDIVIDUAL DEBTOR’S CERTIFICATIONS LBR 4004-1 REGARDING DOMENTSIC SUPPORT OBLIGATIONS, SECTION 522(q) AND ELIGIBILITY FOR DISCHARGE CSD 2121 CHAPTER 11 INDIVIDUAL DEBTOR’S REQUEST FOR LBR 4004-1 DISCHARGE, CERTIFICATIONS REGARDING DOMESTIC SUPPORT OBLIGATIONS, AND SECTION 522(q) CSD 2500A SUMMONS IN AN ADVERSARY PROCEEDING Admin. Procedures LBR 7003-1

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Rule 7004.1 — CSD 2500D THIRD-PARTY SUMMONS IN AN ADVERSARY PROCEEDING Admin. Procedures¶

LBR 7004-1

CSD 2500D THIRD-PARTY SUMMONS IN AN ADVERSARY PROCEEDING Admin. Procedures FRBP 7014 CSD 2500E SUMMONS TO DEBTOR IN INVOLUNTARY CASE FRBP 1004 FRBP 1010

CSD 2540 SUBPOENA FOR RULE 2004 EXAMINATION LBR 2004-1 CSD 2550 SUBPOENA TO APPEAR AND TESTIFY AT A HEARING OR TRIAL FRBP 9016 IN A BANKRUPTCY CASE (OR ADVERSARY PROCEEDING) CSD 2560 SUBPOENA TO TESTIFY AT A DEPOSITION IN A BANKRUPTCY FRBP 9016 CASE (OR ADVERSARY PROCEEDING) CSD 2570 SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR FRBP 9016 OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A LBR 2004.1(e) BANKRUPTCY CASE (OR ADVERSARY PROCEEDING) CSD 2650 CERTIFICATION OF JUDGMENT FOR REGISTRATION IN LBR 7069-2 ANOTHER DISTRICT CSD 3000A ORDER TEMPLATE FOR ADVERSARIES Admin. Procedures CSD 3000B ORDER SHORTENING TIME FOR HEARING TEMPLATE FOR Admin. Procedures ADVERSARIES CSD 3000C ORDER LODGED TEMPLATE FOR ADVERSARIES Admin. Procedures CSD 3000D FINDINGS OF FACT AND CONCLUSIONS OF LAW TEMPLATE Admin. Procedures FOR ADVERSARIES CSD 3000E FINDINGS OF FACT AND CONCLUSIONS OF LAW LODGED Admin. Procedures TEMPLATE FOR ADVERSARIES

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APPENDIX C

LOCAL RULES OF THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

FORMS REQUIRED BY THE LOCAL RULES OR THE ADMINISTRATIVE PROCEDURES

Number Title Reference CSD 3002 PROOF OF INTEREST FRBP 3002 CSD 3010 PROOF OF SERVICE (BANKRUPTCY and ADVERSARY) Admin. Procedures LBR 1001-6(b)(23) CSD 3011 SUBSTITUTION OF ATTORNEY AND ORDER THEREON LBR 9010-5 CSD 3014 MOTION TO BE RELIEVED AS COUNSEL LBR 9010-6 CSD 3015 NOTICE OF HEARING AND MOTION (ADVERSARY) LBR 9013-4(a) CSD 3018 CERTIFICATE OF COMPLIANCE WITH EARLY CONFERENCE OF LBR 7016-1 COUNSEL CSD 3019 NOTICE OF PRETRIAL STATUS CONFERENCE LBR 7016-2 CSD 3021 PRETRIAL ORDER LBR 7016-6 CSD 3026 LIST OF EXHIBITS SUBMITTED BY ATTORNEY LBR 7016-5(e) LBR 7016-6(e) CSD 3029 JUDGMENT BY DEFAULT (See CSD 3030 for Request to Enter Default) FRBP 7055 CSD 3030 REQUEST TO ENTER DEFAULT LBR 7055-1(a) CSD 3060 APPLICATION FOR ORDER TO APPEAR FOR EXAMINATION LBR 7069-1 CSD 3061 ORDER TO APPEAR FOR EXAMINATION LBR 7069-1 CSD 3066 BILL OF COSTS FRBP 7054(b) Civ. LR 54.1 CSD 4001 APPLICATION TO JOIN VOLUNTARY MEDIATION PANEL Admin. Procedures CSD 4001-8 LESSOR’S OBJECTION TO DEBTOR’S CERTIFICATION AND/OR 11 U.S.C. § 362(l) DEBTOR’S CONTINUING CERTIFICATION CONCERNING RESIDENTIAL PROPERTY (11 U.S.C. § 362(l)(3)(A)) CSD 4002 ORDER APPOINTING MEDIATOR AND ASSIGNMENT TO Admin. Procedures MEDIATION CSD 4003 CASE QUESTIONNAIRE IN CONNECTION WITH MEDIATION Admin. Procedures PROCEDURE CSD 4004 MEDIATOR’S CERTIFICATE OF COMPLIANCE Admin. Procedures LBR 7016-11(b) RIGHTS AND RESPONSIBILITIES OF CHAPTER 7 DEBTORS AND LBR 1002-1(c) THEIR ATTORNEY LBR 1002-1(c) RIGHTS AND RESPONSIBILITIES OF CHAPTER 13 DEBTORS AND THEIR ATTORNEY (Business Case) LBR 1002-1(c) RIGHTS AND RESPONSIBILITIES OF CHAPTER 13 DEBTORS AND THEIR ATTORNEY (Consumer Case)

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APPENDIX D1

LOCAL RULES OF THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

GUIDELINES FOR FIRST DAY MOTIONS

The Court recognizes that certain matters must be addressed immediately after the commencement of a chapter 11 case to ensure the least possible disruption to the debtor- in-possession’s ongoing business operations and thereby enhance the chances for success in chapter 11. Matters that typically require expedited consideration include, without limitation, requests to pay prepetition payroll, to honor customer deposits and obligations, to authorize maintenance of existing bank accounts and cash management systems, and to determine adequate assurance for utility companies. When the debtor-in-possession seeks expedited relief at the outset of the case in the form of motions (“First Day Motions”), the debtor-in- possession must serve parties or counsel for parties in interest, including the United States Trustee, any committee of creditors or equity security holders established before or after the chapter 11 filing or, if there is no committee, on the twenty largest unsecured creditors, and any secured creditor whose collateral or lien, including cash collateral, might be affected by the relief sought.
When First Day Motions are served before the chapter 11 filing, service of the moving papers may be by Express Mail, email, and/or Overnight Mail. After the chapter 11 filing, First Day Motions must be served by email, facsimile, personal service or other electronic means provided, however, that Express or Overnight Mail may be used where a party cannot be contacted by facsimile, personal service or other electronic means.
First Day Motions, declarations, other supporting documents and proposed orders for the relief requested should be filed electronically. The words “First Day Motion” must appear in the caption of all First Day Motions and orders thereon.
The Court encourages counsel for the Debtor-in-Possession to make the U.S. Trustee and the Court – through the Clerk of Court – aware in advance of any new case that will require significant judicial involvement at its outset, including adjudication of First Day Motions.
Counsel for the debtor-in-possession must immediately advise the judge’s law clerk and the United States Trustee by telephone of any First Day Motion(s) filing.
First Day Motions with respect to the use of cash collateral or post-petition financing must comply with FRBP 4001(b) and (c).

Authorization for payment of insider compensation may be obtained through a First Day Motion. This Motion must state the nature and extent of the duties to be performed by such insider(s) and the business justification for the amount of the compensation proposed. In an individual’s chapter 11 case, an order granting insider compensation as a First Day Motion will be effective for 45 days from filing of the chapter 11 case, provided the debtor files the Notice described in LBR 4002-2(d) within 7 days of the petition date. All subsequent requests for insider compensation must be made as provided in LBR 4002-2. 68

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The Court may grant or deny a First Day Motion without a hearing. A denial of a First Day Motion without a hearing is not a disposition on the merits.
Any party who opposes a First Day Motion must immediately notify the judge’s law clerk of its position by telephone. No opposition may be filed to a First Day Motion unless authorized by the Court.
Within 2 business days after the entry of any Order granting a First Day Motion (“First Day Order”), the debtor-in-possession must serve by email and overnight delivery a conformed copy of the order on any committee of creditors or equity security holders established before or after the chapter 11 filing or, if no committee has been appointed, the 20 largest unsecured creditors and any secured creditor whose collateral or lien including cash collateral, might by affected by the relief sought, on the United States Trustee, and on such other entities as the Court may direct. A proof of service must be filed with the Court no later than the next business day following the date of service.
Any party may file a motion to modify any First Day Order, other than any order entered pursuant to 11 U.S.C. §§ 363 and 364 with respect to the use of cash collateral or approval of post- petition financing, within 30 days of the entry of such order, unless otherwise ordered by the Court. Any such motion for modification shall be given expedited consideration by the Court. In any such motion for modification, the debtor-in- possession shall have the burden of proof with respect to the propriety of the relief granted in the original First Day Order.

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APPENDIX D2

LOCAL RULES OF THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

GUIDELINES FOR MOTIONS TO USE CASH COLLATERAL OR TO OBTAIN CREDIT

This court often rules on requests for authority to use cash collateral or obtain credit. All financing motions must follow FRBP 2002, 4001, and 9014 and LBR 9013. The motion should provide a summary of the essential terms of the proposed use of cash collateral or financing, including the maximum borrowing available on a final basis, the interim borrowing limit, borrowing conditions, points or other costs, interest rate, maturity, events of default, use of funds limitations, and protections afforded under 11 U.S.C. §§ 363 and 364. The movant must present a budget or projections in support of its motion for cash collateral usage or financing that justifies such interim funding. The budget should cover the period for which cash collateral use is sought. A sample 13-week cash collateral budget is attached to this Appendix.

The court will typically NOT authorize use of cash collateral or financing agreements that contain any of the following terms:

A provision that grants cross-collateralization protection (other than replacement liens) to a prepetition secured creditor, such as a clause that secures prepetition debt by post- petition assets in which the secured creditor would not otherwise have a security interest by virtue of its prepetition security agreement or applicable law.
1. A provision or finding of fact that binds the estate or parties in interest with respect to the validity, perfection or amount of a secured creditor’s prepetition lien or debt or the waiver of claims against a secured creditor. A request for this type of relief must be sought by a regularly noticed motion served on all creditors and parties in interest.
2. A provision that seeks to waive rights under 11 U.S.C. § 506(c).
3. A provision that grants a creditor lien on the debtor’s claims and causes of action arising under 11 U.S.C. §§ 544, 545, 547, 548, and 549.
4. A provision that “rolls over” prepetition debt of the prepetition secured creditor to post- petition debt.
5. A provision that provides carve-outs for the payment of administrative expenses that does not treat all Chapter 11 professionals on a pro rata basis.
6. A provision that divests the debtor-in-possession of any discretion in the formulation of a plan or administration of the estate or limits access to the court to seek any relief under other applicable provisions of law. Such provisions include, without limitation, agreements with respect to the treatment of claims.

If a party believes that compelling circumstances justify a departure from these guidelines, the motion must: a) recite that its proposed order or cash collateral stipulation or loan agreement contains a provision of the type indicated above, b) identify the location of each provision in the proposed interim order, cash collateral stipulation or loan agreement, and 70

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c) justify inclusion of such provision. The motion must, in the checklist fashion set forth
below, identify departures from the guidelines:

Description of Provision Page No. Line No. (if
applicable)

Cross-collateralization clauses. _________ __________________

A provision or findings of fact that binds the estate or all parties in interest with respect to the validity, perfection, or amount of the secured party’s lien or _________ __________________ debt.

A provision that waives rights under 11 U.S.C _________ __________________ § 506(c). A provision that grants to the secured creditor a lien on the debtor-in-possession’s claims and causes of action arising under 11 U.S.C. §§ 544, 545, 547, _________ __________________ 548, and 549. A provision that “rolls over” prepetition debt of the prepetition secured creditor to post-petition debt. _________ __________________

A provision that provides carve-outs for administrative expenses that do not treat all _________ __________________ Chapter 11 professionals on a pro rata basis.

A provision that divests the debtor-in-possession of any discretion in the formulation of a plan or administration of the estate or limits access to the _________ __________________ court to seek any relief under other applicable provisions of law.

If the above-described checklist is not submitted, counsel for the proponent of the cash collateral, usage or financing must certify that no such provisions are contained in the agreement submitted for approval.

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APPENDIX D2 Attachment

13 Week Projected Cash Flow Analysis

($ in actual or projected dollars) TOTAL Week Ending Week # 0 1 2 3 4 5 6 7 8 9 10 11 12 13 Weeks 0-13
Cash Receipts
Cash Disbursements
Wages (Payroll)
Payroll Taxes
Advertising & Marketing
Bank Fees & Service Charges
Health Insurance
Dues & Subscriptions
Equipment - Rental
Materials & Supplies
Licenses & Permits
Worker's Compensation Ins.
Property Insurance
Office Expenses
Outside Services
Rent
Utilities
Maintenance and Repairs
Telephone / Cell Phone Expense
Waste Disposal

Total Expenses from Operations
Non-Operating Disbursements

Interest Expense
Financial Fees

UST Quarterly Fees General BK Professional Fees Beginning Cash Total Cash Receipts Total Cash Disbursements Ending Cash

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APPENDIX D3

LOCAL RULES OF THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

GUIDELINES FOR THE SALE OF SUBSTANTIALLY ALL ASSETS OF A CHAPTER 11 ESTATE UNDER §363 WITHIN 60 DAYS OF FILING OF THE PETITION

1. APPLICABILITY
This guideline applies to motions to sell substantially all assets of a chapter 11 estate
within 60 days of the filing of the petition property under Bankruptcy Code
section 363(b) ("Sale Motions"), and motions seeking approval of any sale, bid or auction
procedures in anticipation of or in conjunction with a Sale Motion ("Sale Procedures
Motions"). Any request to shorten time for a hearing on such Sale Motions or Sale
Procedures Motions must comply with LBR 9006- 1(d), or if regularly noticed, should
comply with LBR 2002 and 6004 unless otherwise ordered by the court.

2. SALE MOTION
Except as otherwise provided in these Local Rules, the Code, the Bankruptcy Rules or an
Order of the Court, all Sale Motions must attach or include the following:
A. A copy of the proposed purchase agreement, or a form of such agreement
substantially similar to the one the debtor-in-possession reasonably believes it will
execute in connection with the proposed sale;
B. A copy of a proposed form of sale order;
C. A request, if necessary, for the appointment of a consumer privacy ombudsman
under Bankruptcy Code section 332 and LBR 6004-3; and
D. Provisions to Highlight. The Sale Motion must highlight material terms, including
but not limited to (a) whether the proposed form of sale order or the underlying
purchase agreement constitutes a sale or contains any provision of the type set
forth below, (b) the location of any such provision in the proposed form of order
or purchase agreement, and (c) the justification for the inclusion of such
provision:
i. Sale to Insider. If the proposed sale is to an insider, as defined in
Bankruptcy Code section 101(31), the Sale Motion must (a) identify the
insider, (b) describe the insider's relationship to the debtor, and (c) set
forth any measures taken to ensure the fairness of the sale process and the
proposed transaction.
ii. Agreements with Management. If a proposed buyer has discussed or
entered into any agreements with management or key employees
regarding compensation or future employment, the Sale Motion must
disclose (a) the material terms of any such agreements, and (b) what
measures have been taken to ensure the fairness of the sale and the
proposed transaction in the light of any such agreements.
iii. Releases. The Sale Motion must highlight any provisions under which an
entity is being released or claims against any entity are being waived or
otherwise satisfied.

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iv. Private Sale/No Competitive Bidding. The Sale Motion must disclose whether an auction is contemplated and highlight any provision in which the debtor-in-possession has agreed not to solicit competing offers for the property subject to the Sale Motion or to otherwise limit shopping of the property. v. Closing and Other Deadlines. The Sale Motion must highlight any deadlines for the proposed sale’s closing or deadlines that are conditions to closing the proposed transaction. vi. Good Faith Deposit. The Sale Motion must highlight whether the proposed purchaser has submitted or will be required to submit a good faith deposit and, if so, the conditions under which such deposit may be forfeited. vii. Interim Arrangements with Proposed Buyer. The Sale Motion must highlight any provision under which a debtor is entering into any interim agreements or arrangements with the proposed purchaser, such as interim management arrangements (which, if out of the ordinary course, also must be subject to notice and a hearing under section 363(b) of the Bankruptcy Code) and the terms of such agreements. viii. Use of Proceeds. The Sale Motion must highlight any provision under which a debtor proposes to release sale proceeds on or after the closing without further Court order, or to provide for a definitive allocation of sale proceeds among various sellers or collateral. ix. Tax Exemption. The Sale Motion must highlight any provision seeking to have the sale declared exempt from taxes under section 1146(a) of the Bankruptcy Code, identifying the type of tax (e.g., recording tax, stamp tax, use tax, capital gains tax) for which the exemption is sought. It is not sufficient to refer simply to "transfer" taxes and the state(s) where the affected property is located. x. Record Retention. If the debtor-in-possession proposes to sell substantially all of its assets, the Sale Motion must highlight whether it will retain, or have reasonable access to, its books and records to enable it to administer its bankruptcy case. xi. Sale of Avoidance Actions. The Sale Motion must highlight any provision under which the debtor-in-possession seeks to sell or otherwise limit its rights to pursue avoidance claims under chapter 5 of the Bankruptcy Code. xii. Requested Findings as to Successor Liability. The Sale Motion should highlight any provision limiting the proposed purchaser's successor liability. xiii. Sale Free and Clear of Unexpired Leases. The Sale Motion must highlight any provision by which the debtor-in-possession seeks to sell property free and clear of a possessory leasehold interest, license or other right.

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xiv. Credit Bid. The Sale Motion must highlight any provision by which the
debtor-in-possession seeks to allow, disallow or affect in any manner,
credit bidding pursuant to Bankruptcy Code section 363(k).
xv. Relief from Bankruptcy Rule 6004(h). The Sale Motion must highlight
any provision whereby the debtor-in-possession seeks relief from the
fourteen-day stay imposed by Bankruptcy Rule 6004(h).

SALES PROCEDURES MOTION A debtor-in-possession may file a Sale Procedures Motion seeking approval of an order (a "Sale Procedures Order") approving bidding and auction procedures either as part of the Sale Motion or by a separate motion filed in anticipation of an auction and a proposed sale. A. Provisions to Highlight. The Sale Procedures Motion should highlight the following provisions in any Sale Procedures Order: i. Provisions Governing Qualification of Bidders. Any provision governing an entity becoming a qualified bidder, including but not limited to, an entity's obligation to: a) Deliver financial information by a stated deadline to the debtor-in possession and other key parties (ordinarily excluding other bidders). b) Demonstrate its financial wherewithal to consummate a sale. c) Maintain the confidentiality of information obtained from the debtor- in-possession or other parties or execute a non-disclosure agreement. d) Make a non-binding expression of interest or execute a binding agreement. ii. Provisions Governing Qualified Bids. Any provision governing what is a qualified bid, including, but not limited to: a) Any deadlines for submitting a bid, and the ability of a bidder to modify a bid not deemed a qualified bid. b) Any requirements regarding the form of a bid, including whether a qualified bid must be (a) marked against the form of a "stalking horse" agreement or a template of the debtor's preferred sale terms, showing amendments and other modifications (including price and other terms), (b) for all of the same assets or may be for less than all of the assets proposed to be acquired by an initial, or "stalking horse" bidder, or (c) remain open for a specified time period. c) Any requirement that a bid include a good faith deposit, the amount of that deposit, and under what conditions the good faith deposit is not refundable. d) Any other conditions a debtor requires for a bid to be considered a qualified bid or to permit a qualified bidder to bid at an auction. 75

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iii. Provisions Providing Bid Protections to "Stalking Horse" or Initial Bidder. Any provisions providing an initial or "stalking horse" bidder a form of bid protection, including, but not limited to the following: a) No-Shop or No-Solicitation Provisions. Any limitations on a debtor- in-possession's ability or right to solicit higher or otherwise better bids. b) Break-Up/Topping Fees and Expense Reimbursement. Any agreement to provide or seek an order authorizing break-up or topping fees or expense reimbursement, and the terms and conditions under which any such fees or expense reimbursement would be paid. c) Bidding Increments. Any requirement regarding the initial overbid amount and any successive bidding increments. d) Treatment of Break-Up and Topping Fees and Expense Reimbursement at Auction. Any requirement that the "stalking horse" bidder receive a credit equal to the break-up or topping fee and or expense reimbursement when bidding at the auction and in such case whether the "stalking horse" is deemed to have waived any such fee and expense upon submitting a higher or otherwise better bid than its initial bid at the auction. iv. Modification of Bidding and Auction Procedures. Any provision that would authorize a debtor-in-possession, without further court order, to modify any procedures regarding bidding or conducting an auction. v. Closing with Alternative Backup Bidders. Any provision that would authorize the debtor-in-possession to accept and close on alternative qualified bids received at an auction should the successful bidder fail to close the transaction within a specified period. a) Provisions Governing the Auction. Unless otherwise ordered by the Court, the Sale Procedures Order must: 1) Specify the date, time and place at which the auction will be conducted and the method for providing notice to parties of any changes thereto. 2) Provide that each bidder participating at the auction will be required to confirm that it has not engaged in any collusion with respect to the bidding or the sale. 3) State that the auction will be conducted openly and all creditors will be permitted to attend. 4) Provide that bidding at the auction will be transcribed or videotaped.

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DECLARATION OF RESPONSIBLE INDIVIDUAL FOR DEBTOR-IN- POSSESSION The above information to be contained in the Sale Motion or Sale Procedures Motion must be verified and otherwise supported by a declaration submitted on behalf of the debtor-in-possession, and must further include the following: A. Alternatives to Sale. A description of the efforts, if any, to pursue other alternatives such as financing, capital infusion, etc., including the period of time involved and the results achieved. B. Marketing of Assets. A description of how the assets were marketed for sale, including the period of time involved and the results achieved. C. Decision to Sell. The date on which the debtor-in-possession agreed to sell the assets. D. Asset Valuation. Disclosure of any valuations debtor-in-possession received within one year before the petition date of the assets to be sold, including book value, appraisals, and financial statements respecting the assets. E. Tax Consequences of the Sale. A statement by a qualified person describing the tax consequences of the proposed sale. F. Relationship of Buyer. A statement identifying the buyer and setting forth, to the best of declarant’s knowledge, all of the buyer’s and its insiders’ connections with the debtor-in-possession, creditors, any other party in interest, their respective attorneys, accountants, the United States Trustee or any person employed in the office of the United States Trustee. G. Post-Sale Relationships. A statement setting forth any relationship or connection the debtor-in-possession and its insiders will have with the buyer after the consummation of the sale if approved. H. Relationship with Secured Creditors. If the sale involves the payment of all or a portion of secured debt, a statement of all connections between debtor-in- possession’s insiders and each secured creditor involved and the sale’s effect on the insiders (e.g., release of an insider’s guaranty). I. Insider Compensation. Disclosure of post-petition compensation received by any insider, pending approval of the sale. Such declaration must include the dates the orders approving compensation were entered, the orders' terms, and whether the current compensation differs from the approved terms. 77

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APPENDIX D4

LOCAL RULES OF THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

GUIDELINES FOR PREPACKAGED CHAPTER 11 CASES

1. GOALS
The purpose of this guideline is to establish a uniform approach for commencing and
administering "prepackaged chapter 11 cases" in the United States Bankruptcy Court for
the Southern District of California. Specifically, this guideline defines a "prepackaged
chapter 11 case" and provides practitioners with help in dealing with practical matters.
Many issues are common to all prepackaged cases. Judicial economy, as well as
procedural predictability for debtors and creditors, will be enhanced by promulgation of
uniform guidelines. The guidelines are advisory only; the court retains the power to
depart from them.

2. DEFINITION OF PREPACKAGED CHAPTER 11 CASE.
For purposes of these guidelines, a "prepackaged chapter 11 case" is one in which the
debtor negotiates terms of a plan and solicits acceptances thereof prior to filing the
petition. In these circumstances, the debtor-in-possession shall file a motion scheduling a
confirmation hearing for the prepackaged plan (“Prepackaged Scheduling Motion") as set
forth below.

3. CRITERIA FOR PREPACKAGED CHAPTER 11 CASE; CONTENTS OF
PREPACKAGED SCHEDULING MOTION.
A. Content of Prepackaged Scheduling Motion. The Prepackaged Scheduling Motion
must:
i. Represent that (a) the solicitation of votes to accept or reject the debtor's
plan was completed before the chapter 11 case was filed and that no
additional solicitation of votes on that plan is contemplated, or (b) the
solicitation of votes to accept or reject the debtor-in-possession's plan has
been deemed adequate by the court pursuant to paragraph 3.C.(2) below
such that no additional solicitation will be required;
ii. Represent that the requisite acceptances of such plan have been obtained
from each class of claims or interests as to which solicitation is required
by Title 11 except as provided in paragraph 3.A.(3) below;
iii. With respect to any class of claims or interests that has not accepted the
plan, represent whether or not each class is deemed not to have accepted
the plan under 11 U.S.C. § 1126(g), and state whether the debtor-in-
possession is requesting confirmation under 11 U.S.C. § 1129(b); and
iv. Request entry of an order scheduling the hearing (a) on confirmation of
the plan and to determine whether the debtor-in-possession has satisfied
the requirements of either 11 U.S.C. § 1126 (b)(1) or (b) 11 U.S.C.
§ 1126(b)(2), for a date not later than 90 days after the petition date.
v. The Prepackaged Scheduling Motion must identify the location of any
provision in the plan that contains (a) third party releases, (b) exculpation
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or indemnity clauses, or (c) key employee incentive plans (KEIPs), key
employee retention plans (KERPs) or severance packages.
vi. The Prepackaged Scheduling Motion must be supported by a declaration.
The proponent must submit (a) a summary of the votes accepting or
rejecting the debtor’s plan, (b) copies of the votes, (c) copies of the
solicitation materials submitted to creditors and interest holders, and (d) a
copy of the notice used to describe the time allotted for creditors and
interest holders to accept or reject the plan.

B. Confirmation Pursuant to 11 U.S.C. § 1129(b)(2)(C). A chapter 11 case may constitute a "prepackaged chapter 11 case" for purposes of these guidelines notwithstanding the fact that the debtor-in-possession proposes to confirm the plan pursuant to 11 U.S.C. § 1129(b)(2)(C) as to a class of interests. C. Filing of Petition After Solicitation Has Commenced but Before Expiration of Voting Deadline. Unless the court orders otherwise, if a chapter 11 case is commenced by or against the debtor, or if a chapter 7 case is commenced against the debtor and that case is converted to a chapter 11 case by the debtor after the debtor has transmitted all solicitation materials to holders of claims and interests whose vote on a proposed plan is sought but before the deadline for voting (the "Voting Deadline") expires, i. the debtor-in-possession shall be permitted to accept but not solicit ballots until the Voting Deadline; and ii. after notice and a hearing, the court shall determine the effect of such votes. D. Applicability of Guidelines to Cases Involving Cramdown of Classes of Claims and "Prepackaged Chapter 11 Cases." The court may, upon request of the debtor- in-possession or other party in interest, apply some or all of these guidelines to: i. Cases in which the debtor has satisfied the requirements of paragraph 3.A.(1) above but intends to seek confirmation of the plan pursuant to 11 U.S.C. § 1129(b), including as to a class of claims (a) which is deemed not to have accepted the plan under 11 U.S.C. § 1126(g), (b) which is receiving or retaining property under or pursuant to the plan but whose members' votes were not solicited prepetition and whose rejection of the plan has been assumed by the debtor for purposes of confirming the plan, or (c) which is receiving or retaining property under or pursuant to the plan and which voted prepetition to reject the plan, as long as no class junior to such rejecting class is receiving or retaining any property under or pursuant to the plan. ii. Partial prepackaged chapter 11 cases: Cases in which acceptances of the debtor's plan were solicited before the commencement of the case from some, but not all, classes of claims or interests whose solicitation is required to confirm the debtor's plan.

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PREFILING NOTIFICATION TO THE UNITED STATES TRUSTEE AND THE CLERK OF COURT. A. Notice of Proposed Filing to the United States Trustee. At least 5 business days before the anticipated filing date of the prepackaged chapter 11 case, the debtor must (1) notify the United States Trustee of the debtor's intention to file a prepackaged chapter 11 case and (2) supply the United States Trustee with a copy of the debtor's plan and disclosure statement or other solicitation materials. B. Notice of Proposed "First Day Orders" to the United States Trustee. Drafts of all First Day Motions to be filed on or shortly after the filing of the petition (“First Day Motions”), with proposed orders attached as exhibits, must be furnished to the United States Trustee at least 2 business days in advance of the filing of the petition or as soon as practicable after the filing of an involuntary petition. C. Notice of Proposed Filing to the Clerk of Court. At least 2 business days before the anticipated filing of the prepackaged chapter 11 case, counsel should contact the Clerk of Court to discuss the anticipated filing, the amount of the debtor's assets, number and type of creditors, procedures for handling public inquiries, such as a website with information about the Chapter 11, or the names, email addresses, physical addresses and telephone numbers of the persons to whom information requests should be directed, and procedures for handling proofs of claim or interest. The Clerk of Court will not assign the case to or discuss the case merits with a judge until the petition is filed.
FILING OF PREPACKAGED CHAPTER 11 CASE. As soon as practicable following filing of a prepackaged chapter 11 case, the debtor-in- possession must file the plan, the disclosure statement or other solicitation documents, a summary of balloting as required by LBR 3018, First Day Motions, and any other filed motion. To the extent that any of these documents differ in substance from the versions supplied to the United States Trustee under paragraphs 4.A and 4.B above, the debtor-in- possession must furnish to the United States Trustee a copy of any such documents that have been modified, with redline to show changes.

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APPENDIX D5

LOCAL RULES OF THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

GUIDELINES FOR EASTABLISHING INTERIM COMPENSATION PROCEDURES FOR PROFESSIONALS

Bankruptcy Code at 11 U.S.C. § 331 limits the frequency with which professionals employed under 11 U.S.C. § 327 or § 1103 may apply for compensation for services rendered and reimbursement for expenses to once every 120 days after the date of the order for relief unless the court otherwise permits.

These guidelines set forth procedures for interim compensation provided that professionals satisfy the requirements of Knudsen Corp. v. U.S. Trustee, 84 B.R. 668 (B.A.P. 9th Cir. 1988).

NOTICE Notice of a hearing on a motion to approve interim compensation procedures should be given to the United States Trustee, all creditors and equity holders, the debtor, and parties requesting special notice in accordance with LBR 9013-4.
CONTENT OF MOTION The motion to approve interim compensation procedures should describe in detail the proposed procedures.
GUIDELINES The court will generally approve interim procedures which: A. Provide for the monthly payment of fees and reimbursement of expenses (subject to the other guidelines set forth herein). B. Require service of copies of the invoices and supporting timesheets for which fees and costs are requested on the debtor, the United States Trustee, all official committees or, if none appointed, the 20 largest unsecured creditors, and parties requesting special notice. C. Provide those served with an opportunity to object within 14 calendar days after the service of the invoices by notifying the applicant in writing and setting forth the specific grounds for the objection. D. Provide the applicant with the option to either request a hearing on the objection or hold back the amount of fees and/or expenses that are the subject of the objection until the hearing on the application for interim compensation. E. Provide for an award of 80% of the fees requested with a hold-back of 20% of such fees and for an award of 100% of expenses; provided that the 20% hold-back of fees may include any fees to which an objection was raised. F. Require that an application for an interim award of compensation and expenses, in compliance with applicable federal and local bankruptcy rules and the Guidelines of the Office of the United States Trustee for the Southern District of California, 81

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must be filed with the court and noticed for hearing in accordance with LBR 2002-2 approximately once every 120 days. G. State that neither the United States Trustee nor any party in interest shall be barred from raising objections to any charge or expense in any professional fee application filed with the court on the ground that no objection was raised with respect to the invoice. H. Provide that if the applicant fails to comply with the 120-day fee application procedure set forth in paragraph 3.F, said applicant shall not be entitled to continue to utilize the interim fee compensation procedure thereafter.

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APPENDIX D6

LOCAL RULES OF THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

GUIDELINES FOR DECLARATION IN SUPPORT OF CONFIRMATION OF INDIVIDUAL CHAPTER 11 COMBINES PLAN AND DISCLOSURE STATEMENT

A motion for confirmation of an Individual Chapter 11 Combined Plan and Disclosure Statement (“Plan”) must be supported with admissible evidence. Such evidence generally should include a declaration of the individual debtor addressing, with appropriate supporting facts, at least the following:

Whether the debtor engaged in solicitation of acceptances of the Plan before service of the Disclosure Statement (or the conditionally approved Disclosure Statement) and related documents. [11 U.S.C. §§ 1125(b), 1129(a)]

Whether the Plan complies, and the debtor has complied, with all applicable provisions of title 11 of the United States Code. [11 U.S.C. § 1129(a)(1), (a)(2)]
1. 1129(a)(3)]
2. Whether any payment made or to be made for services or for costs or expenses in connection with the debtor’s bankruptcy case has been approved by or is subject to the approval of the bankruptcy court as reasonable. [11 U.S.C. § 1129(a)(4)]
3. Disclosure of the identities of any insider(s) [for example, relatives or partners; 11 U.S.C. § 101(31)(A)] that the debtor will employ or retain after confirmation of the Plan, and the nature of any compensation to be paid to such insider(s). [11 U.S.C. § 1129(a)(5)]
4. Whether any governmental regulatory commission with jurisdiction over the rates that the debtor charges has approved any rate change provided for in the Plan, or whether any such rate change is expressly conditioned on such approval. [11 U.S.C. § 1129(a)(6)]
5. Whether under the Plan, each holder of a claim or interest in an impaired class: (A) has accepted the Plan; and/or (B) will receive or retain property of a value, as of the effective date of the Plan, that is not less than the amount such holder would receive or retain if the debtor’s assets were liquidated under Chapter 7 of the Bankruptcy Code on such date. [11 U.S.C. § 1129(a)(7)(A)]
6. The basis for the asset values and liability amounts set forth in the liquidation analysis that is attached to the Plan.
7. Whether, if a secured creditor has elected Bankruptcy Code § 1111(b) treatment, the secured creditor’s claim will receive or retain under the Plan on account of such claim property of a value, as of the effective date of the Plan, that is not less than the value of the secured creditor’s interest in the estate’s interest in the property that secures the claim. [11 U.S.C. § 1129(a)(7)(B)]
8. Whether, with respect to each class of claims or interests: (A) Such class has accepted the Plan; or (B) such class is not impaired under the Plan. [11 U.S.C. §§ 1129(a)(8)]
9. Whether the requirements of Bankruptcy Code section 1129(b) will be met as to any impaired class that does not accept the Plan. [11 U.S.C. § 1129(b)]
  
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Whether the Plan complies with the requirements of Bankruptcy Code section 1129(a)(9) with respect to the priority claims described in such section, such as tax claims, domestic support obligations, wage claims, and administrative claims. [11 U.S.C. § 1129(a)(9)]
If at least one class is impaired, whether at least one impaired class will vote to accept the Plan without including any acceptance of the Plan by an insider. [11 U.S.C. § 1129(a)(10)]
Whether the cash flow projections (if applicable) accompanying the Plan accurately reflect the debtor’s likely financial performance under the Plan.
Whether confirmation of the Plan is likely to be followed by liquidation of the debtor’s assets, or the need for further financial reorganization, unless the Plan provides for such liquidation or further reorganization. [11 U.S.C. § 1129(a)(11)]
Whether: (A) all fees payable under Section 1930 of title 28 (28 U.S.C) have been paid; or (B) the Plan provides for the payment of all such fees on the effective date of the Plan. [11 U.S.C. § 1129(a)(12)]
Whether the debtor is obligated to pay any retiree benefits, and if so, whether such obligation is addressed in the Plan. [11 U.S.C. § 1129(a)(13)]
Whether the debtor owes any domestic support obligations, and if so, whether the debtor has paid all amounts that first became payable after the date of filing of the debtor’s bankruptcy petition. [11 U.S.C. § 1129(a)(14)]
As to each holder of an unsecured claim, whether the Plan provides that: (A) The holder of such claim will receive under the Plan property having value as of the effective date of not less than the amount of such claim; and/or (B) the value of the property to be distributed under the Plan is not less than the debtor’s disposable income (as defined in Bankruptcy Code section 1325(b)(2)) to be received during the 5-year period beginning on the due date of the first payment under the Plan or during the period for which the Plan provides payments, whichever is longer. [11 U.S.C. § 1129(a)(15)]

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APPENDIX D7

LOCAL RULES OF THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

GUIDELINES REGARDING VOLUNTARY DISMISSALS OF CHAPTER 11 CASES

The Court promulgates these guidelines in order to provide guidance on when voluntary dismissals may be proper, and what the Court will normally approve and normally not approve in a Chapter 11 dismissal motion.

SITUATIONS IN WHICH A VOLUNTARY DISMISSAL MAY BE APPROPRIATE A. Cases in which substantially all of the assets of the estate have been sold or otherwise liquidated under Bankruptcy Code section 363. B. Cases in which a change in circumstances has occurred that eliminates the need for further administration in the Bankruptcy Court - - for example, where all creditors have been or will be paid in full. C. Cases in which the estate is administratively insolvent or where further administration of the debtor in bankruptcy is economically impractical or infeasible.
WHAT THE COURT WILL NORMALLY APPROVE IN A DISMISSAL MOTION A. Payments to creditors or retention of ownership by equity holders that comply with the priority scheme in the Bankruptcy Code. B. A provision in the proposed order stating that the Court’s orders entered in the case remain in full force and effect despite the dismissal. See 11 U.S.C. § 349(b)(2). C. A procedure for resolving claim objections, provided that the procedure is concluded before case dismissal and closing. D. A procedure for review and approval of administrative claims before dismissal.
WHAT THE COURT WILL NORMALLY NOT APPROVE IN A DISMISSAL MOTION A. Third party releases or exculpations, other than consensual releases approved as part of a settlement, after notice and opportunity for hearing. B. A discharge of the debtor, or the issuance of any injunctions protecting the debtor or its property after dismissal of the case. C. The appointment of a trustee, examiner, plan administrator or similar third party to carry out a liquidation or claims objection process.
PROCEDURAL REQUIREMENTS AND GUIDANCE A. Movants should file and serve a proposed order along with the motion so that the Court and all parties in interest entitled to notice of the dismissal motion can determine the scope of the requested relief. The notice should specifically note all 85

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parties or classes of creditors whose bankruptcy priority rights will be altered if the motion is granted. Service on affected parties must comply with applicable rules and a certificate of service must be filed along with the moving papers.

B. Movants must also include a table or chart in the motion that sets forth clearly all deviations from the Bankruptcy Code and these guidelines in the motion and the reasons for such deviations. C. The proposed order should include a provision stating that orders entered in the case will remain in full force and effect notwithstanding the dismissal if the parties wish to invoke 11 U.S.C. § 349(b)(2).

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APPENDIX E

LOCAL RULES OF THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

DESIGNATED PUBLICATIONS

The "Union Tribune" of San Diego and the “Daily Transcript” of San Diego, being newspapers of general circulation within the County of San Diego and within above district, and the "Imperial Valley Press" of El Centro, California, being a newspaper of general circulation in the County of Imperial and within the above district, are designated as the official newspapers for publication of all notices required to be published by law or order of this court.

The court may, in any case for the convenience of the parties in interest or in the interest of justice, designate any other newspaper for publication of notices as the court may determine.

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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF CALIFORNIA

Administrative Procedures

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1.4 The Official Record As provided in LBR 5005-1, the official court record is the electronic file maintained on the Court’s servers. This includes documents filed by electronic means as well as documents filed in paper form and then scanned into the CM/ECF system.

Electronic transmission of a document to CM/ECF consistent with the Administrative

Procedures, together with the transmission of a Notice of Electronic Filing from the Court, constitutes filing of the document for all purposes of the Federal Rules of Bankruptcy Procedure and the Local Rules of this Court, and constitutes entry of the document on the docket kept by the Clerk under FRBP 5003.

1.5 System Availability, Assistance and Technical Specifications CM/ECF is designed to provide service 24 hours a day, 7 days a week.

The Clerk’s Office has established a Systems Help Desk (619-557-7415) to respond

to questions regarding the CM/ECF system. The Systems Help Desk is staffed business days from 8:30 a.m. to 4:30 p.m. Should you need to reset your CM/ECF password, please call the PACER service center for assistance at 800-676-6856. If you have case specific questions, please call 619-557-5620 or call the case administrator directly. The Clerk’s Office phone list can be found on the Court’s website (www.casb.uscourts.gov) by going to About the Court then choosing Court Phone List.

1.6 Registration and Training Registration must be in a form prescribed by the Clerk. Anyone eligible for a CM/ECF password must complete the CM/ECF Training & Registration to become a certified user of the system. The online self-pace training is located on the Court’s website. A Training Help Line has been established to answer questions regarding registration and training for the System @ 619-557-7555 or Email info_case@casb.uscourts.gov. For assistance on the PACER side, follow this link for contact information https://pacer.uscourts.gov/contact-us.

Eligible users who successfully complete the training will request PACER E-Filing

access. The Court will review the request and activate the account once all requirements have been met.

1.7 Logins and Passwords No Registered User must knowingly permit, cause to permit, utilize or cause another to utilize the CM/ECF password unless such person is an authorized agent.

Any Registered User may withdraw from participation in CM/ECF by providing the

Clerk of Court, Chief Deputy Clerk, or systems department with notice of such withdrawal. Such notice must be in writing. Upon receipt, the Clerk’s Office will immediately cancel the

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Registered User’s password and will delete the Registered User’s email address from any applicable electronic service list.

Full Access- Attorneys and Trustees

A full access password to participate in the electronic retrieval and filing of

documents may be issued to each attorney admitted to practice in the Southern District of California with either a California Bar ID or Pro Hac Vice and Panel and standing trustees.

Professionals & Examiners

Access for filing and retrieval of documents may be issued to Professionals and

Examiners. It should be noted that Professionals and Examiners will not receive Notice from the System – no NEF will be sent to Professionals or Examiners. Professionals and Examiners should also contact the CM/ECF Training and Registration group at 619-557- 7555 to change address, telephone number, or any other personal information in their CM/ECF account. Limited Access - Creditor Representative A limited access password may be obtained by creditor representatives to participate in the CM/ECF system. This limited access allows the filing of (a) creditor request for notice and/or notice of appearances; (b) proofs of claim; (c) withdrawals or transfers of claim; (d) reaffirmation agreements; and (e) motions to restrict public access to proofs of claim.

Limited Access – Personal Financial Management Course Providers

A limited access password may be obtained by personal financial management

course providers to participate in the CM/ECF system. This limited access allows the filing of financial management completion certificates.

1.8 Signatures All original Documents must be signed including the Petition, Schedules, and Statements. The name of the person signing the Document must be typed underneath the signature.

The Registered User filing a document electronically must ensure that the electronic

version conforms to the original, signed Document, or in the case of the document described in LBR 5005-4(e)(2), must retain documentation of the consent to filing of the document.

LBR 5005-4 governs logins, passwords, and signatures.

5005-4. Logins, Passwords, and Signatures. a) Registered User's Signature. The Registered User login and password serve as the user’s signature on all electronic Documents filed with the Court. The login and password also serve as a signature for purposes of FRBP 9011, the Local Bankruptcy Rules, the Administrative Procedures,

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and any other purpose for which a signature is required in connection with proceedings before the Court. b) Form of Signature. Each Document filed electronically must include a signature block in compliance with the Administrative Procedures. The name of the attorney or party who signed the original must be typed in the space where the signature would otherwise appear preceded by an "/s/" or "s/” or appear as a scanned image; an example of the correct format for an electronic signature is as follows: "/s/" or "s/" Adam Attorney, "/s/" or "s/" Sally Declarant. c) Debtor's Signature. In addition to the signature requirements of the Administrative Procedures, the signature of the debtor or joint debtor authorizing the electronic filing of the bankruptcy case must be accomplished by the electronic filing of an executed Local Form CSD 1801 on the Petition Date. Local Form CSD 1801 as well as CSD 1099 and CSD 1100 must provide the original debtor signature(s) in a scanned format. d) Signatures of Other Persons. Signatures of persons signing a document other than the registered user or the debtor as discussed in LBR 5005-4(c) may be indicated either by: 1) submitting a scanned copy of the originally signed document; or

through the use of "/s/ Name" in the signature block where signatures would otherwise appear indicating that the original has been signed before filing.

e) Stipulations and Orders. Physical, facsimile, or electronic scanned signatures are permitted. Stipulations and Orders (approved as to form) requiring signatures of more than one party must be electronically filed either by: 1) scanning and submitting the stipulation or order containing all necessary signatures; or

certifying within the document that the content of the document is acceptable to all persons required to sign the document (the filer must electronically file the document indicating the signatories as "s/Jane Doe," "s/John Smith," etc., for each electronic signature); or
in any other manner approved by the Court.

f) Unauthorized Use Prohibited. A Registered User may not knowingly permit or cause a password to be used by anyone other than an authorized law firm or office employee. The Registered User is responsible for all Documents filed using their assigned CM/ECF login as if they filed the Documents themselves.

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1.9 Service and Notice Each Registered User of the System is responsible for ensuring that their e-mail address in the CM/ECF System is accurate, that the email account is monitored regularly, and that e-mail notices are viewed in a timely manner. Detailed procedures for System email account maintenance may be found in the CM/ECF Attorney Manual available on the Court’s website. Professionals and Examiners should contact the CM/ECF Training and Registration group at 619-557-7555 in order to change address, telephone number, or any other personal information in their CM/ECF account.

Creditor lists are readily available on the Reports page in CM/ECF under List of

Creditors. Parties may obtain and print creditor lists without requiring assistance from the Court.

LBR 5005-5 governs consent to electronic service. Although Professionals and

Examiners agree to electronic service and notice, the CM/ECF System does not serve them electronic notice.

5005-5. Consent to Electronic Service.

a) General. Except as discussed in LBR 5005-5(b) below, Registered Users are deemed to have: 1) requested and agreed to electronic service and notice; and

waived the right to receive any other form of service and notice.

This request, agreement, and waiver satisfy FRBP 9036 and include notices under

FRBP 9022.

b) Exceptions. The deemed request, agreement, and waiver discussed in

LBR 5005-5(a) does not apply to FRBP 7004 Service or to service under FRBP 9016 of a subpoena directed to a Registered User.

LBR 5005-6 and 9006-2 govern Proof of Service.

5005-6. Service. A Proof of Service where required by these Local Bankruptcy

Rules must be included with Documents filed electronically, indicating that service was accomplished through an NEF for parties and counsel who are participants in the System and indicating how service was accomplished on any party or counsel who is not a participant in the System.

9006-2. Proof Of Service.

a) Filing. Proof of Service of all Documents served must be filed with the Clerk's office on the next court day following the date of service of the Documents and must indicate the date and manner of service by attaching or including:

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1) written acknowledgment of service by the attorney or authorized
Individual served; or

2) attorney's certificate or Declaration of the Individual who mailed or
served the Documents.

b) Validity of Service. The validity of the service is not affected by the failure
to file the Proof of Service.
c) Required Information. A Proof of Service of a Document must identify the
following:
1) documents(s) served;

2) service date;

3) name of the Individual or Entity served and that Individual's or
Entity's:

A) mailing or street address if served by mail or hand delivery;

B) email address if served electronically; or

C) fax number if served by fax transmission;

4) name of the party if service was made on a party’s attorney; and

5) method of service (personal, hand delivery, first class mail, the
System, or other delivery method with written consent).

d) Written Consent to Electronic Service. If service is made by electronic
means, other than through the System, the Proof of Service must include
a statement that the party being served consented to the particular
method of service. Facsimile and email service require such consent.
e) Service by the System. If service is made using the System, the party filing
the Proof of Service may rely on the NEF to indicate that service was made,
except as set forth in LBR 2002-1 where the Clerk will file the proof of
service and LBR 5005-6 where service is made on parties who are not
participants in the System. The NEF, however, is not a substitute for a
Proof of Service.
f) Professionals and Examiners are not served electronic notice by the
CM/ECF System, even if they file electronically in the system.

1.10 Fees For electronic filings that require a fee, payment must be made online using an authorized credit card. The requisite fee must be paid by the end of the same day as the filing. If the fee goes unpaid for 48 hours, the Registered User will be locked out of CM/ECF until the fee is paid. For filings in paper at the front counter of the Clerk’s Office

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that require a fee, the filing fee tendered by or on behalf of the debtor must be in the form of a cashier's check, money order, Pay.gov Form, check, or credit card of the attorney for the debtor, or may be in cash (exact change only). Personal checks of the debtor will not be accepted. The Clerk's office will not be responsible for cash sent through the mail. Any party submitting payment for filing fees which are returned or denied for insufficient funds will be required to pay an additional charge of $53.00.

The Clerk, under a delegation of authority, may approve installment plans of two

payments with the final payment due 30 days after the filing of the petition. The application to pay filing fees in installments must substantially conform to Local Form CSD 1006.

1.11 Retention LBR 5005-8 governs retention.

5005-8. Retention Requirement. The Registered User must maintain in paper form

or in a scanned format any Document that is filed using their login and password that contains an original signature, other than that of the Registered User, or proof of the consent in the case of a Document filed under LBR 5005- 4(e), until 5 years after the case is closed or the adversary proceeding is terminated. The Registered User must provide the original paper or printed copy for review upon request.

1.12 Correcting Filing or Docket Errors Once a document is submitted and becomes part of the case docket, corrections to the docket may be made only by the Clerk's Office. The System will not permit the filing party to make changes to a filing once the transaction has been accepted.

The filing party must contact the Clerk's Office as soon as an error has been

discovered and provide the case number and document number. If appropriate, the Clerk's Office will make a docket entry indicating that the document was filed in error. The filing party will be advised if the document needs to be re-filed.

If the Clerk's Office discovers filing or docketing errors, the filer will be advised of

what further action, if any, is required to address the error. However, if the error is minor, the Clerk's Office may correct the error, with or without notifying the parties.

If it appears a document has been filed in the wrong case, the Clerk's Office will

docket an entry indicating this possible error and notify the filing party. If it is confirmed as an error, the party will be directed to re-file the document in the correct case. The Clerk's Office will not delete any documents filed by a party unless ordered by the Court.

1.13 Public Access to the System Any person or organization other than Registered Users must register with PACER and receive a login and password to access Court records online. Information regarding PACER may be found on the Court’s Internet website at casb.uscourts.gov.

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Electronic access to Court records is also available at the Clerk’s Office during

regular business hours.

Copies and certified copies of electronically filed documents may be purchased at

the Office of the Clerk, 325 West F Street, San Diego, California 92101-6991. The fee for copying and certification will be in accordance with 28 U.S.C. 1930.

1.14 Technical Failures A Registered User whose filing is made untimely as the result of a technical failure may seek appropriate relief from the Court.

Section 2: Preparation of Documents

The following provides guidance for the preparation of Documents to be filed with

the court. A paper size of 8-1/2 by 11 inches with not more than 28 lines per page is assumed for all electronic and paper filings.

2.1 Attorney Identification STATE BAR MEMBERSHIP NUMBER. Attorneys presenting documents for filing must insert their State Bar membership number immediately to the right of their name at the top of the title page.

2.2 Title Page In the space commencing 2 inches from the top and to the left of center-page, there must be typed or printed single-spaced the following information:

a) Name and State Bar membership number of counsel presenting a document, or if not represented by an attorney, the name of the party; b) Office address, including the street address in addition to any post office box. If no office address, state residence address. c) Area code and telephone number of the party presenting the document. d) Two lines below the telephone number, the name and interest of the party on whose behalf the document is presented must be identified; in the instance of multi-party representation, reference may be made to the bottom of the signature page for including a complete list of co-counsel, including their State Bar membership numbers and addresses and telephone numbers, and parties represented. e) Two lines below the last information required by subsection (d), centered on the page, insert the name of the court, as follows:

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF CALIFORNIA

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2.3 Caption and Title of Documents Filed • Required Caption In addition to the information generally required by FRBP 1005 (for notices), 7010 (for adversary proceedings) and 9004(b) (for bankruptcy cases), the caption of each document must commence 2 lines beneath the name of the court and set forth:

1) the case number, followed by the initials of the currently assigned
judge and chapter number, and, if the document is to be filed in the
adversary proceeding, the adversary proceeding number;

2) any relief from stay identification number, as required by Local
Bankruptcy Rule 4001-1(b), inserted 2 lines below the bankruptcy
case (the designator “RS No.” must precede the number);

3) a concise description of the nature of the document (e.g., Notice of
Motion for Summary Judgment, Complaint to Determine
Dischargeability of Debt); and

4) the date, time, and name of the judge, if the document (other than a
notice of hearing) is to be considered at a future hearing. This
information must be inserted 2 lines below the case number,
adversary proceeding number, or “RS” number.

• Responsibility of Filer to Provide Proper Case Name and Number
The filer presenting a document for filing will bear sole responsibility for ensuring

that the case name, case number, adversary number, if any, and any required identification number for relief from stay matters match. The court may refuse to consider documents entered on the wrong docket or misfiled because of erroneous or omitted information provided by the filer.

2.4 Pagination All documents must be numbered consecutively at the bottom of each page, including any attached exhibits. The exhibit number must be placed immediately above or below the page number of each page of the exhibit.

2.5 Line Spacing of Documents Documents must be double-spaced except for the identification of counsel, title of the action, category headings, footnotes, quotations, exhibits and descriptions of real property. Quotations from cited cases or other authorities must be clearly indented not less than 5 spaces or more than 20 spaces and may be single-spaced.

2.6 Legibility of Documents All documents must be prepared by electronic means or software that will produce clear and permanent copies equally legible to printing, in black or dark blue ink using a 9

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base 14 font, which is preinstalled on most computers. These approved fonts include Courier (Regular, Bold, Italic, and Bold Italic), Arial (Regular, Bold, Oblique, and Bold Oblique), and Times New Roman (Roman, Bold, Italic, and Bold Italic).

Documents prepared by pro se filers may follow these requirements or may be

hand-printed on opaque, unglazed, white paper of standard quality not less than 13-pound weight and must be in black or dark blue ink clearly written and equally legible to printing.

2.7 Length of Brief in Support of or in Opposition to Motion LBR 9013-7(d) governs length of papers.

(a) Length of Papers; Tables. 1) Briefs and memoranda in support of or in opposition to any pending motion or application must not exceed 25 pages.

Reply memoranda must not exceed 10 pages.
Briefs and memoranda exceeding 10 pages must include a table of contents and table of cited authorities. These tables do not count toward the page limitation.

2.8 Amendment of Voluntary Petition, Lists, Schedules and Statements LBR 1009 governs the amendment of Voluntary Petitions, Lists, Schedules and Statements.

1009-1. Notice and General Requirements. When a debtor files post- Petition

amendments to the lists, schedules, and statements required by FRBP 1007 any such amendment must: (i) substantially conform to Local Form CSD 1100; (ii) be served as required by LBR 1007-4; (iii) comply with LBR 1001-6(i); and (iv) include a notice that substantially conforms to Local Form CSD 1101.

1009-2. Special Requirements for Mailing Addresses. The debtor must comply

with LBR 1007-1 when filing amendments to the schedule of liabilities.

2.9 Privacy Unless otherwise ordered by the Court, parties must refrain from including, or must partially redact where inclusion is necessary, the following personal identifiers from all documents filed with the Court, including exhibits thereto:

• Social Security numbers. If an individual’s Social Security number must be provided, only the last 4 digits of that number should be used.

• Names of minor children. If the name of a minor child must be provided, only the initials of that child should be used.

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• Dates of birth. If an individual’s date of birth must be provided, only the year should be used.

• Financial account numbers. If financial account numbers must be provided, only the last 4 digits of these numbers should be used.

The responsibility for redacting personal identifiers rests solely with the parties. The Clerk's Office will not review documents for compliance with this rule.

2.10 Orders Electronically submitted orders may not be combined with the application or motion into one document. The application or motion must be entered on the docket prior to uploading the order electronically and the resulting Docket Entry No. must be noted on the order template. Orders uploaded through CM/ECF will be entered on the case docket at the time of signature.

Electronic orders must be uploaded using the Orders Upload option in CM/ECF and

formatted as provided in LBR 9013-10. Stipulated, emergency, ex parte, non- contested, and lodged orders may be uploaded electronically as outlined below.

The first page of any electronically uploaded order must substantially conform with

the appropriate order template (CSD 1001A-C, CSD 1159 A-C, or CSD 3000A-C) maintained by the Court for standard orders, orders shortening time, and lodged orders. The signature line must be fixed at 4.5 inches from the left edge of the document and 3 inches from the bottom edge of the document. Signature approving orders will be affixed electronically on the signature line. Deviations from the required format are not permitted. Notification of defects in an order will be provided by e-mail.

Exhibits required by LBR 9013-10 may be referenced according to the specific

Docket Entry No. assigned to the document at the time of its entry.

Document Exhibits

Registered Users must submit in electronic form all documents referenced as

exhibits or attachments unless the Court permits otherwise. Only excerpts of the referenced documents that are directly germane to the matter under consideration by the Court are to be submitted. Excerpted material must be clearly and prominently identified as such. Registered Users who submit excerpts under these Administrative Procedures do so without prejudice to their right to timely submit additional excerpts or the complete documents that they believe are directly germane. The Court may require parties to submit additional excerpts or the complete document. Evidentiary and trial exhibits must be provided directly to the appropriate courtroom deputy and not submitted to the Clerk’s Office.

Exhibits are to be numbered sequentially at the top and bottom of the first page and

attached to the document they support. If an exhibit separator page is used, it must identify

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the succeeding exhibit at the top and bottom of the separator page. Exhibit files should be no larger than 35 megabytes in size.

Each document containing exhibits must have, as a cover page to the exhibits, a list

indicating the name and page number of each of the succeeding exhibits.

The Registered User is required to verify the legibility of the scanned exhibits prior

to electronically submitting them to the Court. Parties should scan documents in black and white, unless color is a critical feature of the information.

2.11 Hyperlinks In order to preserve the integrity of the Court record, attorneys wishing to insert hyperlinks in filings must continue to use the traditional citation method for the cited authority, in addition to the hyperlink. The Judiciary's policy on hyperlinks is that a hyperlink contained in a filing is no more than a convenient mechanism for accessing material cited in the document. A hyperlink reference is extraneous to any filed document and is not part of the Court's record.

The Court accepts no responsibility for, and does not endorse, any product,

organization, or content at any hyperlinked site, or at any site to which that site may be linked. The Court accepts no responsibility for the availability or functionality of any hyperlink.

2.12 Sequence of Pleadings An initiating document must be electronically filed and docketed separately. Examples of an initiating document include a motion, application, plan, objection to claim, notice of appeal, amendment and balance of schedules.

Separate PDF files of any supporting document(s) should be browsed and attached

to the initiating document. Examples of supporting documents include memorandums of points and authorities and declarations.

During the filing process, most subsequent documents filed (i.e., oppositions,

Request and Notice of Hearing (CSD 1175, 1184 or 1186), and replies, etc.) must be referred/related to the initiating documents. Any supporting document(s) for these filings may be attached during the filing of the document.

Section 3: Presentation of Documents

3.1 Filing of Petition, Schedules, Statements, and Other Documents (a) Documents filed with the Petition. 1) Petition 101 or 201;

Official Bankruptcy form 121 entitled “Statement of Social Security Number” (for individuals only; docketed separately if electronically

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filed);

List of Creditors as a Text file (.txt) containing the names and addresses of creditors and other parties in interest submitted pursuant to Local Bankruptcy Rule 1007-1. (If electronically filed, this is separately uploaded to the system);
List of 20 largest unsecured creditors, exclusive of insiders (chapter 11 cases only); and
Chapter 11 small business debtors must file either:

• The most recent balance sheet, statement of operations, cash-flow statement, and Federal income tax returns required by 11 U.S.C. § 1116(1)(a); or • A statement indicating that the documents listed in subsection (a) above have not been prepared or filed as required by 11 U.S.C. §1116(1)(B). (If filed electronically, docketed separately).

• Depending upon your circumstances, the following documents may or may not be needed. If the form is needed, it must be filed at the same time as the Voluntary Petition but filed separately. • Application to Pay Filing Fees in Installments (CSD 1006) (for individual debtors only); • Application for Waiver of Chapter 7 Filing Fee (Official Form B103B) (for individual debtors only); • Statement of Exigent Circumstances and Motion Request to Extend Time (CSD1025). • Motion for Exemption from Credit Counseling (CSD 1027); • Disclosure of Compensation of Bankruptcy Petition Preparer (CSD 2800) (only is cases for unrepresented debtors); or • Bankruptcy Petition Preparer’s Notice, Declaration, and Signature, [See Official Bankruptcy Form 119] (only in cases for unrepresented debtors); • Corporate Ownership Statement (CSD 1007-7)

• The following must be filed with the voluntary petition for individuals or non- individuals or within 14 days after the petition is filed. • Declaration Re: Electronic Filing (CSD 1801) Due within 14 days of filing. CSD 1099 - Balance of Schedules, Statements, and/or Chapter 13 Plan (CSD 1300) (If any schedules or statements are filed 14 days after the petition.);

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• Summary of Assets and Liabilities & Statistical Info Schedules
(106Sum or 206Sum);
• Schedule of Property (106 A/B or 206 A/B);
• Schedule of Property Claimed as Exempt (106C);
• Schedule of Creditors Who Hold Claims Secured By
Property (106D or 206D);
• Schedule of Creditors Who Have Unsecured Claims (106E/F
or 206E/F);
• Schedule of Executory Contracts & Unexpired Leases (106G
or 206G);
• Schedule of Co-Debtor (106H);
• Current Income of Individual Debtor(s) (106I);
• Current Expenses (106J);
• Expenses for Separate Household of Debtor 2 (106J-2 if
applicable);
• Statement of Financial Affairs (107 or 207);
• Statement of Intention for Individuals Filing Under Chapter
7(108) (Note: This form is filed within 30 days or by the date
set for the 341meeting of creditors, whichever is earlier);
• Chapter 7 Statement of Current Monthly Income(122A-1);
• Chapter 7 Statement of Exemption from Presumption of
Abuse (122A-1Supp);
• Chapter 7 Means Test Calculation (122A-2);
• List of equity security holders (chapter 11 cases only);
• Attorney Fee Disclosure Statement required by FRBP
2016(b);
• Chapter 11 Statement of Your Current Monthly Income
(122B) (Not required in subchapter V cases);
• Chapter 13 Statement of Your Current Monthly Income and
Calculation of Commitment Period (122C-1); and
• Chapter 13 Calculation of Your Disposable Income (122C-2).

• Return of Exhibits
At the conclusion of a trial or hearing, the attorney who produced them may remove

exhibits marked for identification or introduced in evidence unless otherwise ordered by the Court. If Exhibits are not removed by the attorney within 14 days, the clerk will dispose of them. It will be the responsibility of the party to produce the exhibits on appeal.

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3.2 Filing of An Adversary Proceeding (a) Adversary Proceeding Cover Sheet (Form 1040). A party filing an adversary proceeding must complete and file Form 1040, the Adversary Proceeding Cover Sheet. The cover sheet is required when the adversary proceeding is filed electronically through the System or in paper.

• Complaint. The format of the complaint must comply with the Administrative Procedures

requirements for the formatting of documents filed with the Court as identified in Section 2 “Preparation of Documents.” The complaint must also comply with the applicable Local Bankruptcy Rules including LBR 7008.

• Summons in an Adversary Proceeding and Proof of Service – (CSD Form 2500A). The System will generate a summons for service when the adversary is filed

electronically. If presented for filing at the front counter or by mail, the summons and proof of service must be prepared and filed in accordance with the requirements identified in FRBP 7004 and must also comply with Local Bankruptcy Rule 7004-1 if not served timely.

• Third Party Claims.
For issuance of a third-party summons in an adversary proceeding, use CSD Form

2500D, “Third Party Summons In An Adversary Proceeding.”

3.3 Payment Advices LBR 1007-5 governs payment advices.

1007-5. Payment Advices. The debtor must submit the evidence of payment

required by FRBP 1007(b)(1)(E) to the chapter 7, 12, or 13 trustee assigned to the debtor's case or to the U.S. Trustee in a chapter 11 case, preferably through the EDOC System. A debtor should not file this evidence with the Court.

3.4 Copies Documents filed at the front counter or through mail require an original and (1 conformed copy for your records). If the copy is to be returned by United States mail, a self-addressed, postage-paid envelope large enough to hold the copy must be provided.

3.5 Sealed Documents (a) Generally To be eligible for sealing, a document typically must meet FRBP 9018’s definition. A motion and order to file documents under seal may be filed electronically. No document filed under seal should be submitted until after the order granting the motion has been entered. Subsequent documents, upon approval of the order, may also be filed under seal.

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• Highly Sensitive Documents (“HSDs”) If a motion to file documents under seal is based upon a designation of the

documents as HSDs, the following additional procedures apply. HSDs are defined as:

• Classified documents; and • Sealed documents involving: national security, foreign sovereign interests; criminal activity related to cybersecurity, intellectual property, or trade secrets; terrorism; investigation of public officials; the reputational interests of the United States; and sensitive commercial information likely to be of interest to foreign powers.

A motion to file an HSD under seal must describe the documents comprising the

HSD with sufficient detail to determine whether the HSD designation is justified. All HSDs must be filed with the court in paper format once the order granting the motion to seal has been entered. The court will then maintain them separately; they will not be filed electronically on the docket.

• Filing Paper Documents
Documents to be sealed – other than HSDs – may be filed either in paper format or

electronically. HSDs to be sealed must be submitted in paper format, never electronically.

All documents submitted in paper format for sealing must contain the following

caption: “THIS DOCUMENT IS FILED UNDER SEAL PURSUANT TO COURT ORDER” and be placed in a large, sealed envelope. A copy of the order must be attached to the envelope and delivered to the Clerk’s Office.

Review the Sealed Document procedure in the CM/ECF Online Manual for

specific instructions for filing sealed documents other than HSDs electronically.

3.6 Facsimile Filings All Documents presented for filing by a fax filing agent must comply with the Administrative Procedures requirements for preparation of Documents in Section 2 above and the sending party is required to maintain a transmission record in the event fax filing later becomes an issue. A transmission record means the document printed by the sending facsimile machine stating the telephone number of the receiving machine, the number of pages sent, the transmission time, and an indication of errors in transmission.

LBR RULE 5008 governs facsimile filings.

5008-1. Filing.

a) A fax filing agency will file all fax transmitted papers on behalf of the parties or their counsel. No papers may be transmitted directly to the Clerk by facsimile for filing. Any papers so transmitted will be rejected and not filed.

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b) The fax filing agency acts as the agent of the filing party and not as agent of the Court. A paper is deemed filed when it is submitted by the fax filing agency, received in the Clerk's office, and filed by the Clerk. Mere transmission to or receipt by the fax filing agency is not a filing. c) The fax filing agency must meet all technical requirements under the Administrative Procedures.

5008-2. Original Signature. The image of the original manual signature on the fax

copy of the paper will constitute an original signature for all Court purposes. The original signed paper must not be substituted except by Court order. The original signed paper must be maintained pursuant to LBR 5005-8.

Section 4: Deposit & Disbursement of Funds into Interest Bearing Accounts and Registry Funds General Order 183 outlines the procedural rules for the deposit and investment of registry funds. The Court Registry Investment System (“CRIS”), administered by the Administrative Office of the United States Courts is the authorized investment mechanism. Registry (or Interpleader) funds are typically funds involving a bankruptcy estate that are under dispute between 2 parties. These funds are deposited with the Clerk until a judge signs an order releasing these funds and the order is entered on the case docket. The process of depositing interpleader funds is initiated by an order with the information identified below.

4.1 Deposit of Funds; Content of Order Those parties seeking interpleader of certain funds must personally serve a copy of the order on the clerk or chief deputy clerk. The order must contain the following provisions:

“IT IS ORDERED that the clerk deposit the amount of $ in an interest-bearing

account in the Court Registry Investment Fund, and said funds to remain invested pending further order of the court.

IT IS FURTHER ORDERED that the clerk is directed to deduct from the income

earned on the investment a fee, not exceeding that authorized by the Judicial Conference of the United States and set by the Director of the Administrative Office, whenever such income becomes available for deduction in the investment so held and without further order of the court.

IT IS FURTHER ORDERED that counsel presenting this order must personally

serve a copy thereof on the clerk or the chief deputy clerk prior to making the deposit. Absent personal service, the clerk is hereby relieved of any personal liability relative to compliance with this order.

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4.2 Disbursements of Registry funds; Content of Order. The clerk will disburse funds on deposit in the registry of the court only pursuant to court order. The disbursement order must contain a provision relieving the clerk from liability for loss of interest, if any, for early withdrawal of the funds. The order must state the name and taxpayer identification number for each party who is to receive funds and the percentage of the balance and interest each is to receive. Funds will be disbursed only after the time for appeal of the related judgment or order has expired, or upon approval by the court of a written stipulation by all parties.

Section 5: Mediation Panel Procedures

The following procedures detail the administration of the Mediation Program; as well

as the process for Mediation.

LBR 7016-11 governs Mediation.

7016-11. Mediation. Parties may participate in mediation pursuant to the provisions

of the Administrative Procedures. Upon conclusion of the mediation:

(a) If the parties reach agreement, the parties must designate a party to document the settlement. • The mediator must prepare and file, within 14 days, Local Form CSD 4004, indicating whether a settlement was reached, and if so, whether there was compliance with the settlement and mediation requirements of the Administrative Procedures.

5.1 List of Mediators The court maintains a list of qualified persons who agree to serve as mediators in contested matters and adversary proceedings pending before the court.

5.2 Voluntary Mediation Panel To volunteer for this program, a person should submit an application to the Clerk. The application must set forth the qualifications described in subsection (a) or (b) and must conform in format to Local Form CSD 4001, APPLICATION TO JOIN VOLUNTARY MEDIATION PANEL. A list of eligible mediators is available on the Court’s website, from the Clerk’s Office, and/or from the Courtroom Deputy.

(a) Attorney Qualifications In order to qualify for service on the Voluntary Mediation Panel, an attorney must

certify to the court that the attorney meets the following minimum qualifications:

• the attorney is an active member of the State Bar of California and is duly licensed to practice before the courts of the State of California and the Federal courts for the Southern District of California;

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• the attorney has been admitted to practice in a federal court for at least 4 years; and

• the attorney has served as the attorney of record for at least 3 bankruptcy cases from commencement through conclusion (i.e., confirmation of a plan or discharge) or has served as the attorney of record for a party in interest for at least 3 or more adversary proceedings or contested matters from commencement through completion (i.e., judgment, order, or stipulated settlement); or has had other substantially equivalent bankruptcy experience.

• Non-Attorney Qualifications In order to qualify for service on the Voluntary Mediation Panel, a non-attorney must

certify to the court that the following qualifications are met:

• the person is a member of the panel of trustees or examiners maintained by the Office of the United States Trustee; or

• has served in at least 3 bankruptcy matters as either a bankruptcy examiner or Certified Public Accountant (licensed in the State of California) for a trustee debtor in possession; or has substantially equivalent bankruptcy experience.

• Mediator Compensation After completing a half-day mediation session, nothing herein prevents the parties,

and the mediator, from agreeing that the mediator be compensated at an agreed upon hourly rate.

5.3 Assignment to Mediation • A case may be assigned to mediation by order of the court at a status conference or other hearing. If a case is assigned to mediation, the parties attending the status conference must be presented with the current lists of eligible mediators. If the parties cannot agree, the court will appoint a mediator and alternates from the lists.

• Local Form CSD 4002, ORDER APPOINTING MEDIATOR AND
ASSIGNMENT TO MEDIATION, must be used to assign a matter to
mediation. The original will be retained in the court's file. The clerk will mail
a copy to the mediator and to each party.

• If the parties believe that the matter involves novel issues of law or
complex factual issues, the parties may request the sitting judge to
appoint another Bankruptcy judge to serve as mediator. The Court, in its
own discretion, will make the determination whether a bankruptcy judge
should preside over the mediation.

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5.4 Mediation Procedure (a) Time and Place The mediator will fix the time and place for the mediation conference, and any adjourned session. The time and place selected must be reasonably convenient for the parties, and the parties must be given at least 14 days written notice of the initial conference, unless another shorter time frame is agreed to by all parties. The conference must be scheduled as soon as practicable, but in no event more than 45 days after the mediator has been notified of the appointment. The mediator may, upon written stipulation of the parties, grant one or more continuance(s) of the conference, provided that the continuance granted does not extend the date of the conference to a date more than 75 days after the mediator has been notified of the appointment.

• Submission of Mediation Letter or Brief Each party must provide the mediator with a completed mediation letter or brief

(unless this requirement is waived by mediator). The mediation letter or brief must describe the nature of the dispute; the evidence supporting that party’s position as well as the evidence in opposition to that party’s position; describe any settlement offers that have been made by either party; and a legal argument in support of that party’s position. The completed mediation letter or a brief must be provided to the mediator and served on all other parties not less than 7 calendar days prior to the date noticed for the mediation conference as set forth in subsection (a) above or within such time as provided by the mediator; however, if a party or parties determine their mediation letter or brief to be confidential, they must designate it as such and at the time they submit it to the Mediator, notify the other party or parties, by email, that it has been submitted confidentially.

• Attendance and Preparation Required The attorney who is primarily responsible for each party's case must personally

attend the mediation conference and any adjourned sessions of that conference. The attorney for each party must come prepared to discuss the following in detail and in good faith: • all liability issues; • all damage issues; and • the position of their client relative to settlement.

• Parties to Be Available
All individual parties who reside within the County of San Diego must personally

attend the mediation conference unless excused by the mediator for cause. Parties, other than individuals, whose principal place of business is located in San Diego County, must have a representative appear with authority to settle. Individuals and other parties who neither reside in San Diego County nor have their principal place of business located therein, must be available for conference with their counsel by telephone although that party’s attorney must be in attendance. The mediator must decide when the parties are to be present in the conference room.

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• Failure to Attend
Willful or unexcused failure to attend the mediation conference must be reported to

the court by the mediator and may result in the imposition of sanctions by the court.

• Proceedings Privileged All proceedings or writings of the mediation conference, including the case

questionnaire, mediator's settlement recommendation, plus any statement made by any party, attorney or other participant, must in all respects be privileged and not reported, recorded, placed in evidence, made known to the trial court or jury or construed for any purpose as an admission against interest. No party will be bound by anything said or done at the conference unless a settlement is reached, in which event the agreement upon a settlement must be reduced to writing and will be binding upon parties to that agreement. Federal Rule of Evidence 408 applies herein. A report of a failure to attend a mediation conference does not fall within this privilege. A written settlement agreement prepared in the course of, or pursuant to the mediation in accordance with Section 5.5 herein is not privileged, made inadmissible, or protected from disclosure.

• Duty of Counsel The client must be advised of the fact that the mediator is a qualified person and

has volunteered to act as an impartial mediator, without compensation for the first half day, in an attempt to help the parties reach an agreement and avoid the time, expense and uncertainty of trial. If the mediator makes any oral or written suggestions as to the advisability of a change in any party's position with respect to settlement, the attorney for that party must promptly transmit that suggestion to the client.

• Duty of Mediator The mediator will have the duty and authority to establish the time schedule and

procedure for mediation activities, including a schedule for the parties to act upon the mediator's recommendation, having in mind that the purpose of this order is prompt dispute resolution. The mediator will have no obligation to make any written comments or recommendations but may have the discretion to provide a written settlement recommendation in memorandum. No copy of any such memorandum will be filed with the clerk or made available in whole or in part, directly or indirectly, either to the court and/or the jury.

5.5 Procedure upon Completion of Mediation Session Upon the conclusion of the mediation session where all parties are in attendance, the following procedures must be followed:

• No party will be bound by anything said or done at the conference unless a binding settlement is reached, subject only to Court approval, in which event either: (i) the agreement upon a settlement must be reduced to a writing, signed by the parties, and providing that it is enforceable or binding or words to that effect; or (ii) The terms of the oral agreement are

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recited on the record by a court reporter or reliable means of audio

recording in the presence of the parties and the mediator, and the parties express on the record that they agree to the terms recited. The party preparing the settlement agreement must submit the agreement, once fully executed by all parties, to the Court for approval. If the parties have not reached a resolution upon the conclusion of the mediation session, the parties shall determine whether to continue the mediation session to a date convenient to all parties and the mediator or (iii) terminate the mediation. Further, if there is no communication between the mediator and any of the parties to the mediation relating to the dispute for 10 calendar days, the mediations shall be deemed terminated. The mediator and the parties may, by written agreement, shorten or extend this time. An email between counsel to the parties shall be sufficient to shorten or extend time.

• The mediator must prepare and file with the Clerk, within 14 days of the termination of the mediation, a Local Form CSD 4004, MEDIATOR'S CERTIFICATE OF COMPLIANCE, indicating whether a settlement was reached, and, if so, whether there was compliance with the settlement and mediation requirements of this rule.

Section 6: Definitions

CASE MANAGEMENT/ELECTRONIC CASE FILES SYSTEM (CM/ECF or

System) is the Internet-based system for filing documents and maintaining Court case files in the United States Bankruptcy Court for the Southern District of California.

DOCUMENTS include pleadings, motions, exhibits, declarations, affidavits,

memoranda, papers, orders, notices, and any other filing by or with the Court.

ELECTRONIC FILING is submitting a document directly from the Registered User's

computer in "Portable Document Format" (.pdf), using the System to file that document with the Court.

INITIATING DOCUMENTS include petitions, motions, applications, plans,

objections to claim, notices of appeal, reopens, amendments, balance of schedules, and fees.

NEF (NOTICE OF ELECTRONIC FILING) is a notice automatically generated by

the System at the time a document is filed with the Court. The notice sets forth the date and time of filing, the name of the attorney and/or party filing the document, the type of document, the text of the docket entry, the name of the party and/or attorney receiving the notice, and an electronic link (hyperlink) to the filed document which allows recipients to retrieve the document automatically. The NEF is electronically sent to all registered users in the case, with the exception of limited access filers, Professionals, and Examiners.

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PACER (Public Access to Court Electronic Records) is an automated system

that allows a subscriber to view, print and download Court case file information over the Internet for a fee.

PDF (PORTABLE DOCUMENT FORMAT or .pdf) is a proprietary file format

developed by Adobe Systems, Inc. A document file created with a word processor, or a paper document which has been scanned, must be converted to Portable Document Format to be electronically filed with the Court. Electronic documents can be converted to .pdf directly from the original software application (e.g., Microsoft Word® or Corel WordPerfect®, petition software). Documents which exist only in paper form must be scanned into .pdf format for electronic filing.

REGISTERED USER is an individual who has been issued a login and password by

the Court to electronically file documents.

SUBSEQUENT DOCUMENTS include oppositions, Requests and Notices of

Hearing (CSD 1175, 1184 or 1186), and replies. These documents must refer to the initiating documents with any supporting document(s) as attachments.

TEXT files (.txt) are used for submitting debtors’ information for opening a

bankruptcy case. Text files are also the format used for creating the creditor’s matrix. Case Upload allows attorneys to upload a text file created by commercial bankruptcy petition software to CM/ECF to complete the bankruptcy case opening process without filling out the CM/ECF case opening screens. Text files are also the format used for creating the creditor’s matrix. Visit PACER website for detail and specifications. https://pacer.uscourts.gov/file-case/developer-resources

UPLOADED DOCUMENTS such as Orders and Chapter 7 Trustee Final Report

and Account (TFR)(TDR), are not to be filed on the case docket until reviewed.

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