CANB — General Order 40: (Second Amended) Order Extending Certain Deadlines

Source: https://www.canb.uscourts.gov/sites/default/files/general-orders/2ndAmendedGeneralOrder40.pdf

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7 UNITED STATES BANKRUPTCY COURT

8 NORTHERN DISTRICT OF CALIFORNIA

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In re:
10 SECOND AMENDED GENERAL ORDER
ORDER EXTENDING CERTAIN 40
11 DEADLINES.

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WHEREAS this court issued its Amended General Order 40 on April 9, 2020 in response toCOURT 13 California 14 the COVID-19 pandemic and its impact on the ability of the United States Trustee, the panel

Of 15 Chapter 7 trustees, and the standing Chapter 12 and 13 trustees (collectively, the “Trustees”) to

16 conduct 341(a) meeting of creditors, and DistrictBANKRUPTCY 17 WHEREAS since the signing of the Amended General Order 40 the Trustees have

18 successfully implemented processes allowing them to conduct section 341(a) meetings of creditors NorthernSTATES 19 by phone and by video, which processes nullify the need for certain extensions of time granted under The
20 Amended General Order 40, it is hereby ORDERED that: ForUNITED 21 1. This second Amended General Order 40 applies to all bankruptcy cases that are filed

22 before May 1, 2020 and in which the date for the Initial Meeting of Creditors is scheduled on or

23 after March 17, 2020. In these cases, the following deadlines under the Federal Rules of

24 Bankruptcy Procedure are extended to 120 days after the date of the Initial Meeting of Creditors:

25 a. The deadline under Federal Rule of Bankruptcy Procedure 1017(e) for the

26 United States Trustee to file a motion to dismiss for abuse.

27 b. The deadline under Federal Rule of Bankruptcy Procedure 4004(a) for

28 objections to the debtor’s discharge.

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SECOND AMENDED GENERAL ORDER 40

1 c. The deadline under Federal Rule of Bankruptcy Procedure 4007(c) for filing a

2 complaint as to the dischargeability of certain debts under 11 U.S.C. § 523(c).

3 d. The deadline under Federal Rule of Bankruptcy Procedure 4008(a) for filing a

4 reaffirmation agreement.

5 e. The deadline under Federal Rule of Bankruptcy Procedure 1007(c) for

6 Chapter 7 debtors to file the statement required under Federal Rule of Bankruptcy Procedure

7 1007(b)(7).

8 2. If the Initial Meeting of Creditors in a Chapter 13 case is continued by the Chapter 13

9 trustee due to restrictions arising from the COVID-19 pandemic, the deadline under 11 U.S.C. §

10 1308(a) for a Chapter 13 debtor to file pre-petition tax returns is extended to the day before the date

11 of the continued meeting of creditors. If there is no such continued meeting of creditors, the

12 deadline is unchanged.

COURT 13 3. If the Initial Meeting of Creditors is continued due to restrictions arising from the California 14 COVID-19 pandemic in a case where a trustee or debtor is required, under Federal Rule of Of 15 Bankruptcy Procedure 2015.3(b), to file a financial report regarding each entity that is not a publicly

16 traded corporation or a debtor in a bankruptcy case and in which the estate holds a substantial or DistrictBANKRUPTCY 17 controlling interest, the deadline for filing such a financial report is extended to seven days before

18 the date of the continued meeting of creditors. If there is no such continued meeting of creditors, the NorthernSTATES 19 deadline is unchanged. The

For 20 4. If the Initial Meeting of Creditors in an individual Chapter 7 or Chapter 13 case isUNITED 21 continued due to restrictions arising from the COVID-19 pandemic, the deadline under 11 U.S.C. §

22 521(e) for the debtor to provide to the trustee (and any requesting creditor) a copy of the Federal

23 income tax return or tax transcript for the most recent tax year ending immediately before the

24 commencement of the case and for which a Federal income tax return was filed, is extended to seven

25 days before the date of the continued meeting of creditors. If there is no such continued meeting of

26 creditors, the deadline is unchanged.

27 5. This Second Amended General Order does not prejudice or alter any interested party’s

28 right to apply for an extension of time regarding any of the above deadlines.

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SECOND AMENDED GENERAL ORDER 40

1 6. This Second Amended General Order replaces in full Amended General Order 40

2 executed on April 9, 2020.

3 SO ORDERED this 1st day of May 2020.

4 _________________________________
Charles Novack
5 Chief Bankruptcy Judge

6 * * END OF ORDER * *

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COURT 13 California 14 Of 15

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For 20UNITED 21

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SECOND AMENDED GENERAL ORDER 40