CACB — Procedures for Public Emergency Related To COVID-19 Outbreak

Source: https://www.cacb.uscourts.gov/sites/cacb/files/documents/general-orders/GO%2020-02.pdf

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3 MAR 19 2020 4

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7 UNITED STATES BANKRUPTCY COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9

10 ) In re: ) 11 IN RE: PROCEDURES FOR PUBLIC ) ) 12 ) GENERAL ORDER 20-02 EMERGENCY RELATED TO COVID-19 ) 13 ) OUTBREAK ) 14 Upon consideration of (a) the state of emergency declared by the President of15 the United States regarding COVID-19, (b) the directives from federal, state, and local16 officials regarding safety of the public and the personnel of this court, (c) the suspension17 of meetings of creditors (11 U.S.C. § 341(a)) by the United States Trustee, Region 16,18 (d) available guidance from other units of the Judicial Branch, and (e) all other facts and19 circumstances, and after deliberation at an emergency meeting of the Bankruptcy Court20 Board Of Judges of this District held on March 18, 2020, and on the court’s own motion21 (11 U.S.C. § 105(a)), good cause appearing,22 IT IS HEREBY ORDERED as follows, unless and until otherwise ordered by this23 court or the presiding judge in any specific case:24 1. Telephonic appearances are mandatory, except for trials and other25 evidentiary hearings through April 30, 2020, unless otherwise ordered by the26 court. All parties are required to appear by telephone at all hearings that27 require an appearance, except trials and other evidentiary hearings unless28

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1 otherwise ordered by the court due to an unusual circumstance. There will be

2 no physical access to any courtroom without the specific permission of the

3 presiding judge. Instructions for telephonic appearances are posted on the

4 Bankruptcy Court’s website (www.cacb.uscourts.gov) and there will be no

5 cost for parties not represented by an attorney. For any evidentiary hearings,

6 including trials, special procedures will be implemented by each presiding

7 judge on a case-by-case basis, and if the evidentiary hearing is continued

8 then notice will be provided to the parties. Parties may make requests for

9 continuances consistent with each presiding judge’s usual requirements.

10 2. Any person who has shown up at the courtroom but not been able to get in or

11 has attempted to appear by telephone, but has been unable, may seek

12 reconsideration by the presiding judge under Rule 7052, 9023, or 9024 (Fed.

13 R. Bankr. P.) or any other applicable rule. Parties must contact the chambers

14 of the presiding judge within 24 hours after the hearing to notify the judge of

15 the difficulty attending the hearing and state that reconsideration will be

16 sought. There is no change to currently calendared motions or applications

17 except for the above. Other than the above, and unless ordered by the

18 presiding judge, there is no change to other procedures including but not

19 limited to applications for emergency injunctive relief, orders shortening time,

20 and hearings on Chapter 11 “First Day” motions.

21 3. Chapter 13. The court recommends consulting each individual Chapter 13

22 Trustee website for any special instructions related to pending Chapter 13

23 cases. The Chapter 13 calendars will continue to be held under the above

24 procedures but additional procedures are being implemented by each trustee

25 to obtain records and payments without personal contact.

26 4. 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)) is temporarily suspended – including delivery via U.S. mail,

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1 personal delivery, or any other means. Documents over 25 pages should still

2 be provided either through the mail or in supplied drop boxes. Parties are

3 reminded, however, that the judge and chambers’ staff do not receive

4 electronic notices of filings, and therefore, (a) for documents that are filed

5 late, and (b) for matters that are not either (i) set for hearing, or (ii) the subject

6 of an electronically uploaded order (LOU), parties must contact the chambers

7 of the presiding judge and advise chambers of the filing. Messages will be

8 regularly retrieved from the judge’s chambers phone.

9 5. Mediations. All mediations conducted by a judge of this court are suspended

10 through April 30, 2020 absent a specific order and agreement by all to

11 proceed telephonically. Mediations with private mediators may be continued

12 upon consultation with the assigned mediator but will be in the discretion of

13 the mediator as to how to proceed.

14 6. Cash. The Clerk of Court is specifically authorized to decide at any time that

15 no cash will be accepted at any filing window or received in the mail or at any

16 drop box, should one be implemented. Parties may pay any filing fee with a

17 certified cashier’s check or postal money order if they cannot comply with the

18 CM/ECF fee filing requirements.

19 7. Signatures. Local Bankruptcy Rule 9011-1 does not require in person contact

20 as it permits an attorney to receive a signature page by electronic means.

21 Nothing in the rule precludes the filing of a signature page that has been

22 received by facsimile, pdf, text or photo. This signature can be filed separately

23 in whatever format is reasonably possible so that there is a clear indication

24 that the signer has read and is signing the actual document filed.

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

26 emergency, the requirement of LBR 9011-1(d) to maintain a wet

27 signature for 5 years is temporarily suspended and the attorney should

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1 maintain the electronic transmission of the client to file the document in

2 whatever format is reasonable at this time.

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

4 electronically either due to lack of required technology or internet

5 access, etc., the attorney should so explain the circumstances with the

6 filing, verify that permission was obtained from the client to sign the

7 document on their behalf, and obtain the signature as soon as possible

8 after the filing through another means.

9 8. These provisions are temporary and may be vacated, amended or extended

10 as necessary.

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13 IT IS SO ORDERED.

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15 Date: March 19, 202016

17 Maureen A. Tighe Chief Judge, United States Bankruptcy Court18

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