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

Source: https://www.cacb.uscourts.gov/sites/cacb/files/documents/general-orders/GO%2023-01.pdf

1 2 3 MAR 01 2023 4 5 6 7 8 UNITED STATES BANKRUPTCY COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 IN RE: PROCEDURES FOR PHASED REOPENING DURING12 COVID-19 PUBLIC EMERGENCY GENERAL ORDER 23-01 13 14 15 Upon consideration of the continuation of the Continuity of Operations Plan 16 (“COOP”) implemented on March 18, 2020 in response to the ongoing COVID-19 17 pandemic, the subsequent resumption of normal operations ordered in United States 18 District Court General Order 21-08, and the lifting of most restrictions by the Centers 19 for Disease Control and Prevention (“CDC”) and the State of California, 20 IT IS HEREBY ORDERED as follows: 21 1. General Order 21-05 is superseded by this General Order. 22 2. In-Person Court Hearings. All Courtrooms in all Divisions of the United States 23 Bankruptcy Court are open to in-person attendance, and, effective June 28, 24 2021, permission to appear in person or by video or telephone is in the 25 discretion of the presiding judge in that courtroom. Any judge may choose 26 to continue to conduct matters remotely through video or telephonic means. 27 Please check the Court’s website for the procedures for each judge at 28 https://www.cacb.uscourts.gov/judges/self-calendaring.

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1 3. Safety Measures in Court. Where an in-person matter is held in a courtroom, 2 all participants are to observe all safety protocols posted and announced 3 in the courtroom. The presiding judge will determine the protocols in effect 4 in the assigned courtroom consistent with guidance from the CDC. 5 4. Intake Areas. All Intake Areas of the Court will continue to be open to accept 6 in-person filings. 7 a. Safety. Anyone in the Intake Area must observe all posted rules 8 or be required to leave the Intake Area without further assistance. 9 b. Public Computers and Electronic Kiosks. At the discretion of 10 the Clerk of Court, public computers and electronic kiosks may 11 be disabled and re-installed as conditions permit. 12 c. Cash Payments. Cash will not be accepted for filing or copying fees 13 unless an exception is made by the Clerk of Court. 14 5. Face Coverings. In all public areas, anyone not following posted rules 15 may be refused service. 16 6. Self-Represented Filings. Individuals filing Chapter 7 or 13 bankruptcy without 17 an attorney may file in person, by mail, or through the Court’s Electronic 18 Self-Representation module. The rules for such filings are posted on the 19 Court’s website at https://www.cacb.uscourts.gov/esr. Parties requiring further 20 assistance may contact the Court at (855) 460-9641. 21 7. F.R.B.P. 5001(a). The electronic, mail, telephonic, and appointment access 22 provided through the above procedures and those detailed on the Court’s 23 website are deemed sufficient to meet the requirements of F.R.B.P. 5001(a). 24 8. Mediations. Mediations will continue and are in the discretion of the mediator 25 in consultation with the parties as to whether to proceed in-person or remotely. 26 9. Judges’ or Courtesy Copies. Except for documents over 25 pages, including 27 exhibits, the requirement to deliver judges’ copies of documents to chambers 28 (LBR 5005-2(d)) continues to be temporarily suspended – including delivery

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1 via U.S. mail, personal delivery, or any other means. Documents over 2 25 pages should still be provided unless the judge’s specific updated 3 instructions have waived that requirement. Instructions for each judge can be 4 found under the judge’s name at https://www.cacb.uscourts.gov/judges/judge- 5 directory. Parties are reminded that the judge and chambers staff do not 6 receive electronic notices of filings, and therefore, (a) for documents that are 7 filed late, and (b) for matters that are either (i) not set for hearing, or (ii) not 8 the subject of an electronically uploaded order (LOU), parties must contact 9 the chambers of the presiding judge and advise chambers of the filing. 10 10. Signatures. Local Bankruptcy Rule 9011-1 is no longer suspended, effective 11 June 28, 2021. 12 11. Phased Reopening Plans. A modified version of the Court’s COOP will remain 13 in place and be further modified as necessary. Details will be posted on 14 the Court’s website and communicated to staff as they are implemented. 15 12. Individual Courthouses May Be Closed. Should local suspected or confirmed 16 cases of COVID-19 or local, state and federal guidance change, individual 17 Court Divisions or Courtrooms may be closed without further order in the 18 discretion of the Chief Bankruptcy Judge after appropriate consultation. 19 Signs will be posted on the doors of the Division(s) affected and directions 20 will be provided for obtaining needed court services. No further orders 21 will be issued for such temporary closures. 22 23 IT IS SO ORDERED. 24 DATED: March 1, 2023 25 26 27 Theodor C. Albert Chief Judge, United States Bankruptcy Court 28

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