CACB — Amended Procedures for Phased Reopening During COVID-19 Public Emergency

Source: https://www.cacb.uscourts.gov/sites/cacb/files/documents/general-orders/Amended%20GO%2020-06.pdf

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8 UNITED STATES BANKRUPTCY COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 IN RE: PROCEDURES FOR PHASED REOPENING DURING AMENDED GENERAL ORDER 20-0612 COVID-19 PUBLIC EMERGENCY

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14 Upon consideration of the continuation of the Continuity of Operations Plan

15 (“COOP”) implemented on March 18, 2020, in response to the ongoing COVID-19

16 pandemic, to more closely align with the District Court operations and maintain access

17 for the public, and in light of further guidance from the State of California Public Health

18 Officer,

19 IT IS HEREBY ORDERED as follows:

20 1. Bankruptcy Intake in Los Angeles and Santa Ana Courthouses Are Open.

21 The Intake area of the United States Bankruptcy Court at the Edward R.

22 Roybal Federal Building and U.S. Courthouse in Los Angeles will continue

23 to be open to accept in-person filings. In addition, the Intake area of

24 the Ronald Reagan Federal Building and U.S. Courthouse in Santa Ana

25 will reopen to the public on Monday, September 14, 2020 to accept

26 in-person filings. All other Intake areas in the other Divisions remain closed

27 pending further information on COVID-19 risk factors in those counties.

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1 a. Face Coverings. Anyone not wearing a face covering

2 without an approved medical exemption or anyone not

3 observing posted social distancing rules may be refused service.

4 b. Public Computers and Electronic Kiosks. At the discretion

5 of the Clerk of Court, public computers and electronic kiosks

6 may be disabled until methods can be developed to reduce

7 any spread of infection through their use.

8 c. Cash Payments. Cash will not be accepted for filing or copying fees

9 unless an exception is made by the Clerk of Court.

10 2. Limited Emergency In-Person Hearings. In-person access to the United

11 States Bankruptcy Court will generally not be permitted except for the filing

12 Intake areas of the Los Angeles and Santa Ana courthouses. Bankruptcy

13 Judges will continue to hear matters remotely through telephonic or video

14 services, except a judge may order an in-person hearing where necessary

15 in an emergency.

16 3. Self-Represented Filings. Individuals filing bankruptcy without an attorney

17 may file in person at the United States Bankruptcy Court in downtown

18 Los Angeles or Santa Ana, by mail, or through the court’s Electronic

19 Self-Representation module. The Court’s existing electronic filing program

20 for self-represented debtors (eSR) is now authorized to accept both Chapter 7

21 and 13 petitions. All Chapter 7 and 13 petitions not filed in person shall be

22 filed through eSR or by mail. Any other chapter must be filed through

23 CM/ECF with an attorney or mailed to the Court. Please view the Court's

24 website for more information specific to self-represented parties at

25 https://www.cacb.uscourts.gov/filing-without-an-attorney. Parties requiring

26 assistance or guidance may contact the Court at (855) 460-9641.

27 4. Signatures and Filing Fees. If a bankruptcy case is submitted through

28 eSR or by mail, the debtor must mail the required signatures and the required

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1 filing fee within 10 days, or the case will be dismissed. Please view the

2 Court's website for more information specific to self-represented parties

3 at https://www.cacb.uscourts.gov/filing-without-an-attorney. All petitions

4 from self-represented parties are automatically granted a fee installment

5 so that the full required filing fee is due no later than 10 days after the filing

6 of the petition. For petitions filed through eSR, an application for a fee waiver

7 must be mailed to the Court within five (5) days of the electronic petition filing,

8 on the form available on the website at https://www.cacb.uscourts.gov/forms/

9 application-individuals-pay-filing-feeinstallmentsapplication-have-chapter-7-

10 filing-fee. For petitions filed in person or by mail, an application for a fee

11 waiver shall be submitted with the petition. The Court will issue an Order on

12 the Fee Waiver Application within five (5) days. If a fee waiver or installment

13 order is entered in a specific case, it will supersede this Amended General

14 Order requiring the full fee within 10 days. If the requisite fee and/or signatures

15 are not mailed within 10 days, the Court will dismiss the case without a hearing.

16 5. Social Security Number Statements. A self-represented litigant filing a

17 voluntary bankruptcy case must include the signed “Statement About

18 Your Social Security Numbers” (Official Form 121) with the initial filing

19 when mailing the documents (F.R.B.P. 1007(f)). When filing a voluntary

20 bankruptcy case through the Court’s eSR program, the signed “Statement

21 About Your Social Security Numbers” form must be mailed to the Court

22 within 10 days of filing or the case will be dismissed. Please view the

23 Court's website for more information specific to self-represented parties

24 at https://www.cacb.uscourts.gov/filing-without-an-attorney.

25 6. Mediations. Mediations may resume and are in the discretion of the mediator

26 as to whether to proceed in person or remotely.

27 7. Judges’ or Courtesy Copies. Except for documents over 25 pages,

28 including exhibits, the requirement to deliver judges’ copies of documents

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1 to chambers (LBR 5005-2(d)) continues to be temporarily suspended –

2 including delivery via U.S. mail, personal delivery, or any other means.

3 Documents over 25 pages should still be provided unless the judge’s

4 specific updated instructions have waived that requirement. Parties are

5 reminded that the judge and chambers’ staff do not receive electronic

6 notices of filings, and therefore, (a) for documents that are filed late,

7 and (b) for matters that are either (i) not set for hearing or (ii) not the

8 subject of an electronically uploaded order (LOU), parties must contact

9 the chambers of the presiding judge and advise chambers of the filing.

10 8. Signatures. Local Bankruptcy Rule 9011-1 does not require in-person

11 contact as it permits an attorney to receive a signature page by electronic

12 means. Nothing in the rule precludes the filing of a signature page that

13 has been received by facsimile, pdf, text or photo. This signature can

14 be filed separately in whatever format is reasonably possible so that

15 there is a clear indication that the signor has read and is signing the actual

16 document filed.

17 a. In light of the difficulty of obtaining any paper files during

18 this emergency, the requirement of LBR 9011-1(d) to maintain

19 a wet signature for five (5) years is temporarily suspended and the

20 attorney should maintain the electronic transmission of the client

21 to file the document in whatever format is reasonable at this time.

22 b. If there is a situation where a client cannot transmit a signature

23 electronically either due to lack of required technology or internet

24 access, etc., the attorney should so explain the circumstances

25 with the filing, verify that permission was obtained from the client

26 to sign the document on their behalf, and obtain the signature

27 as soon as possible after the filing through another means.

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1 9. Phased Reopening Plans. The Court’s COOP will remain in place and

2 be modified gradually as necessary. Details of these modifications will be

3 posted on the Court’s website and communicated to staff as they are

4 implemented.

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6 IT IS SO ORDERED.

7 DATED: September 11, 2020

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9 Maureen A. Tighe10 Chief Judge, United States Bankruptcy Court 11

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