CAEB — Order Adopting Revisions to Local Bankruptcy Rules

Source: https://www.caeb.uscourts.gov/documents/Forms/GeneralOrders/GO.22-03.pdf

Sparse pages use OCR; original PDF remains authoritative.

oO ON Oo FF Ww NY = NM NM NM NDB NY ND NY NY HNO S| | HB Ha Ha sa saa s = or ona FF wWwnN |= OD O DAN DOD a FP WO NY = FILED UNITED STATES BANKRUPTCY COURT SFP -2 2022 UNITED STATES BANKRUPTC) EASTERN DISTRICT OF CALIFORNIA | NTE eee ICT OF CALI COURT FORNIA In re ORDER ADOPTING REVISIONS TO General Order 22-03 LOCAL BANKRUPTCY RULES — IT IS HEREBY ORDERED, that the Local Bankruptcy Rules of the United States Bankruptcy Court, Eastern District of California, be amended to include changes to LBR 7005-1, as reflected in the attached redlined version; IT IS FURTHER ORDERED that the Official Certificate of Service Form, required by Local Rule 7005-1, is revised as reflected in the attached redlined version. The Official Certificate of Service Form is optional until November 1, 2022, unless the serving party intends to limit notice as specified in our local rules. As of November 1, 2022, use of the Official Certificate of Service Form will be mandatory for attorneys and trustees. DATED: 09/01/2022 ona \Sargis Fredrick E. Clement Chief Bankhuptcy Judge Bankruptcy Judge Christopher D. Jaime René Lastreto IT Bankruptcy Judge Bankruptcy Judge a EGLO Fe E. Niemann _ a ted States Bankruptcy Judge

LOCAL RULE 7005-1 Mandatory Certificate of Service Form for Use by Attorneys, Trustees, or Other Registered Electronic Filing System Users The service of pleadings and other documents in adversary proceedings, contested matters in the bankruptcy case, and all other proceedings in the Eastern District of California Bankruptcy Court by either attorneys, trustees, or other Registered Electronic Filing System Users shall be documented using the Official Certificate of Service Form (Form EDC 007-005) adopted by this Court. In addition to other requirements stated on the Official Certificate of Service Form: (a) Unless service is on six or fewer parties in interest and a custom service list is used or the persons served are not on the Clerk of the Court’s Matrix, the Certificate of Service Form shall have attached to it-44 the Clerk of the Court’s Official Matrix, as appropriate: (1) for the case or the adversary proceeding; (2) ##e list of ECF Registered Users; axdex (3) list of persons who have filed Requests for Special Notice; and/or (4) the list of Equity Security Holders as-apptieable. (b) For persons served electronically pursuant to their consent to such service (not ECF Registered User service by the Clerk of the Court), a copy of the written consent to such electronic service must be attached to the Certificate of Service. (c) When a Clerk’s Office Matrix is attached to the Certificate of Service, for the persons not served by that method of service, the filer shall strike out the names of such persons not served by that method of service. (d) Where the Clerk’s Matrix of Creditors is attached to the Certificate of Service form, such list shall be downloaded not more than 7 days prior to the date of #ti#e serving the pleadings and other documents and shall reflect the date of downloading. The serving party may download that matrix either in “pdf label format” or in “raw data format.” Where the matrix attached is in “raw data format,” signature on the Certificate of Service is the signor’s representation that no changes, e.g., additions, deletions, modifications, of the data have been made except: (1) formatting of existing data; or (2) removing creditors from that list by the method described in paragraph (c) of this rule. The Official Certificate of Service Form (Form EDC 007-005) may be found on the Court’s Website using the Bankruptcy Forms, Forms and Publications link.

Attorney for: UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA In re: Bankruptcy Case No.: Docket Control Number: Hearing Information (if applicable): Hearing Date: Hearing Time: Location: Debtor(s) Judge: Adversary Proceeding No. (if applicable): Docket Control Number: Hearing Information (if applicable): Plaintiff(s) v. Hearing Date: Hearing Time: Location: Judge: Defendant(s) CERTIFICATE OF SERVICE OF

|, the undersigned, certify and declare:

1. Personal knowledge. | am over the age of 18 years and not a party to the above-entitled case.
2. Status. | amc an attorney of record in this case/adversary proceeding, or o trustee, or o my business/employer is and my a business address or o mailing address if not a business is:
3. About the Case/Proceeding. (Check at least one type of case/proceeding and as many subheadings thereunder as applicable.) a Chapter 7 case (indicate below if subject to limited noticing; o Chapter 12 or 13 case (indicate below if subject to limited check all that are applicable.) noticing; check all that are applicable.) a Rule 2002(h) Limited Noticing. Fed. R. Bankr. P. a Rule 2002(h) Limited Noticing. This case is subject to limited 2002(h); LBR 2002-3. (Check all that are applicable.) noticing because at least 70 days have elapsed since the order for relief. Fed. R. Bankr. P. 2002(h); LBR 2002-3.7. a One of the following applies: (1) This is a voluntary co Rule 3015(h) Limited Noticing (post-confirmation plan asset case and at least 70 days have elapsed since modification only). This case is subject to limited noticing the order for relief; (2) This is an involuntary asset because the debtor(s) has confirmed at least one plan and case and at least 90 days have elapsed since the the modified plan filed herewith neither lengthens the term order for relief; (3) This is a no asset case and at of, nor diminishes the dividend due general unsecured least 90 days have elapsed since the mailing of the creditors, from the most recently confirmed plan. Fed. R. notice of time for filing claims under Fed. R. Bankr. P. Bankr. P. 3015(h); LBR 3015-1(d)(3). 3002(c)(5). a This case is subject to an order limiting service. Fed. a This case is subject to an order limiting service. Fed. R. R. Bankr. P. Rule 2002(m). The order limiting service Bankr. P. 2002(m). The order limiting service is docketed at is docketed at ECF no. . ECF no a Chapter 9 case (indicate below if subject to limited noticing) o Chapter 11 case (indicate below if subject to limited noticing) o. This case is subject to an order limiting service. Fed. R. a This case is subject to limited noticing because one or more Bankr. P. 2002(m). The order limiting service is docketed creditors/equity holders committees have been appointed. at ECF no. . Fed. R. Bankr. P. 2002(i); LBR 2002-4. a This case is subject to an order limiting service. Fed. R. Bankr. P. 2002(m). The order limiting service is docketed at ECF no. o Chapter 15 case a Adversary Proceeding
4. About the Documents Served On 20. by the method(s) specified below, the following documents were served (list in space provided): orc those documents described in the list appended hereto and numbered Attachment 4.
5. Who is Being Served Unless otherwise indicated below, all indicated parties below have received all documents described in Section 4. a Debtor(s) a All creditors and parties in interest a Debtor's attorney(s) a Allcreditors and parties in interest (Notice of Hearing only) a Trustee a Creditors that have filed claims ao US. Trustee a Creditors that have filed claims (Notice of Hearing only) a 20 largest creditors ao Administrative claimants co Attorneys of record who have appeared in the Bankruptcy co Creditors holding allowed secured claims Case, the Adversary Proceeding, or contested matter. a Creditors holding allowed priority unsecured claims a Pilaintiff(s) a Creditors holding leases or executory contracts that have co Defendant(s) been assumed a All committee members a Persons who have filed a Request for Notice (see-Atteh.5} o i a Other party(ies) in interest (seeAtteh.5} a Equity security holders

A a 1. How Service is Accomplished Rule 7004 Service. (Check at least one, if applicable.) o First Class Mai Service was effected on those persons listed e/ew on the attachment by placing a true and correct copy of the document(s) served in a sealed envelope, first class mail, postage prepaid in the United States Postal Service (or in a place designated by the law firm or trustee for outgoing mail prior to the last regular pick up of outgoing mailing for the day) for each of the persons listed below. Fed. R. Bankr. P. 7004(b);7004(q). A list of the persons served, including their name/capacity to receive service, and address is appended hereto and numbered Attachment 6A1. Rule 5 and Rules 7005, 9036 (when Rule 7004 service is not required) Service (Check at least one, if applicable.) ao Electronic Service on Registered Users of the Court’s Electronic Filing System. Service on those parties in interest, listed below, will be effected by filing those documents, listed above, with the Clerk of the Court. Fed. R. Bankr. P. 9036, 7005; Fed. R. Civ. P. 5(b). Electronic service on registered users of the electronic filing system is not permitted for pleadings or papers that must be served in accordance with Fed. R. Bankr. P. 7004. A copy of the Clerk’s Electronic Service Matrix applicable to this case and/or adversary proceeding is appended hereto and numbered Attachment 6B1. o U.S. Mail Service on those parties, listed below, was effected by placing a true and correct copy of the document(s) served in a sealed envelope, first class mail, postage prepaid in the United States Postal Service (or in a place designated by the law firm or trustee for outgoing mail prior to the last regular pick up of outgoing mailing for the day) for each of the persons indicated below. Fed. R. Civ. P. 5(b)(2)(c); FRBP Fed. R. Bankr. P. 9014. o Parties in Interest ao Clerk’s Matrix of Creditors. A copy of the matrix of creditors maintained by the Clerk of the Court as applicable to this case and/or adversary proceeding is appended hereto and numbered Attachment 6B2. Such list shall be downloaded not more than seven days prior to the date of filing of the pleadings and other documents and shall reflect the date of downloading. 444RMVG--/f “raw data formatotthe Clerk’s-Matric-of Creditors is Attachment 682_the signer of the Certificate-of Service -hereby-swears that-no-changes_to-the-matrix-have-been- mad pt+1)-formatting_and/ori2) <A ing. ie fpersen PT GF t iF P A t-served. Sueh-ist-shall-be-downleaded-net mere_than-sev etree -to-the-date-of-filing-of th: a List Other Than the Clerk’s Matrix of Creditors. Where service by U.S. Mail is effected on six or fewer parties in interest, parties may (but need not) use a service list. A copy of the custom service list is appended hereto and numbered Attachment 6B2. a Other Methods of Service Specify the means of delivery. Fed. R. Civ. P. 5 (b)(2) (A)-(F). A list of those persons so served and the addresses at which they are served is appended hereto and numbered Attachment 6B36.

| swear or certify under penalty of perjury that the foregoing is true and correct.

Executed on 20. at City State Print Name Signature