CACB — Rule 1001-1 through 1073-1

Source: https://www.cacb.uscourts.gov/sites/cacb/files/documents/local_rules/LBRs%201001-1%20through%201073-1.pdf

LBR 1001-1

LBR 1001-1. TITLE, APPLICATION, AND SCOPE OF RULES

(a) Title, Citation and Effective Date. These are the Local Bankruptcy Rules of the United States Bankruptcy Court for the Central District of California (hereinafter, “Local Bankruptcy Rules” or “rules”). They may be cited as “LBR ,” and are effective as of the date stated above on the title page. The court in its discretion may order that a case or proceeding pending prior to the effective date be governed by the practice of the court prior to the adoption of these LBRs.

(b) Application and Construction.

(1) The Local Bankruptcy Rules are adopted pursuant to 28 U.S.C. § 2075, F.R.Civ.P. 83, and FRBP 9029. They are intended to supplement the FRBP and those portions of the F.R.Civ.P. that are incorporated by the FRBP. The Local Bankruptcy Rules are to be construed consistent with, and subordinate to, the FRBP and F.R.Civ.P. and to promote the just, speedy, and economic determination of every case and proceeding. Numbers for Local Bankruptcy Rules track numbers of related FRBP and FRBP Interim Rules, to the extent they exist.

(2) The Local Bankruptcy Rules apply to all bankruptcy cases and proceedings (including all cases removed pursuant to 28 U.S.C. § 1452 or 15 U.S.C. § 78eee) pending in the United States Bankruptcy Court for the Central District of California.

(3) The Local Bankruptcy Rules apply in the United States District Court for the Central District of California in lieu of the Central District of California Local Civil Rules when the district court is exercising its original bankruptcy jurisdiction pursuant to 28 U.S.C. § 1334.

(c) Application to Persons Appearing without Counsel. A person who appears and is not represented by counsel must comply with the Local Bankruptcy Rules. Each reference in the Local Bankruptcy Rules to “attorney” or “counsel” applies equally to a party who is not represented by counsel, unless the context otherwise requires.

(d) Modification. The Local Bankruptcy Rules apply uniformly throughout the district, but are not intended to limit the discretion of the court. The court may waive the application of any Local Bankruptcy Rule in any case or proceeding, or make additional orders as it deems appropriate, in the interest of justice.

(e) Procedure in Absence of Rule.

(1) A matter not specifically covered by these Local Bankruptcy Rules may be
determined, if possible, by parallel or analogy to the F.R.Civ.P., the FRBP, or the
Local Civil Rules.

(2) If no parallel or analogy exists, then the court may proceed in any lawful manner not

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inconsistent with these Local Bankruptcy Rules and the FRBP.

(f) Sanctions for Noncompliance with Rules. The failure of counsel or of a party to comply with these Local Bankruptcy Rules, with the F.R.Civ.P. or the FRBP, or with any order of the court may be grounds for the imposition of sanctions pursuant to applicable law, including the Bankruptcy Code, the F.R.Civ.P., the FRBP, and the inherent powers of the court.

LBR 1001-2. RULES OF CONSTRUCTION

(a) Construction of Terms. As used in these rules –

(1) “must” is mandatory.

(2) “must not” is prohibitive, not permissive.

(3) “may” is discretionary.

(4) “or” is not exclusive.

(5) “includes” and “including” are not limiting.

(b) Gender; Plurals. Wherever applicable, each gender includes the other gender and the singular includes the plural.

(c) Definitions. Words and phrases listed in LBR 9001-1 will be construed according to the definitions contained in that rule.

LBR 1002-1. PETITION AND CASE COMMENCEMENT DOCUMENTS GENERAL

(a) Debtor’s Street Address.

(1) Filed with Petition. In a petition filed under 11 U.S.C. §§ 301, 302, 303, or 1504, the
debtor’s actual street address must be disclosed in addition to any post office box
address.

(2) Change of Address. Using the court-approved form, pursuant to FRBP 4002(a)(5), a
debtor must file and serve a change of address each time a debtor’s street address or
post office box changes.

(b) Attorney Information.

(1) General. A voluntary petition filed pursuant to 11 U.S.C. §§ 301 and 302 by an
attorney on behalf of any party must contain the attorney’s state bar identification
number, telephone number, fax number, and email address in the attorney name block.

(2) Signature of Counsel. The name of the attorney signing a petition must be printed
clearly below the signature line.

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LBR 1002-1

(c) Required Case Commencement Documents.

A list of all documents required to file a voluntary bankruptcy case under chapter 7, 11, and 13, is contained in The Central Guide and Petition Packages.

(d) Redaction of Personal Identifiers.

(1) Unless otherwise ordered by the court, a party in interest must redact where inclusion is
necessary, the following personal identifiers from all lists, schedules, statements,
payment advices, or other documents filed or required to be filed with the court in
accordance with FRBP 9037(a):

(A) Social Security Numbers. If disclosure of a social security number is required,
only the last four digits of that number should be used. [This does not apply to
Official Form 121, Statement About Your Social Security Numbers].

(B) Names of Minor Children. If disclosure of the identity of any minor child is
required, only the initials of that child should be used.

(C) Date of Birth. If disclosure of an individual’s date of birth is required, only the
year should be used.

(D) Financial Account Numbers. If disclosure of any financial account number is
required, only the last four digits of that number should be used.

(2) The responsibility for redacting these personal identifiers rests solely with the debtor
and debtor’s counsel. The court will not review documents for compliance with this
rule.

(3) If the debtor wishes to block public access to a filed document containing a personal
identifier, a motion is required and may be filed and served pursuant to LBR 9037-1.

(e) Effect of Failure to Specify Necessary Information.

(1) If the petition fails to specify the chapter under which relief is sought, the case will be
deemed to have been filed under chapter 7.

(2) If the petition fails to specify whether it is a consumer or business case, it will be
presumed to be a consumer case.

(3) If the petition fails to indicate the number of creditors or equity holders, or the amount
of assets or debts, it will be presumed that the case falls in the smallest category of
each.

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LBR 1006-1

LBR 1006-1. PETITION FILING FEES

(a) Payment of the Petition Filing Fee in Installments.

(1) Eligibility. Only an individual debtor who is unable to pay the full filing fee for a
voluntary petition under chapter 7, 11, 12, or 13, may apply for permission to pay
the filing fee in installments. A corporation, partnership, limited liability
company, unincorporated association, trust, or other artificial entity must pay the
filing fee in full at the time the petition is filed.

(2) Application. The debtor must file a written application for an order permitting
payment of the filing fee in installments. The application must be accompanied
by a declaration under penalty of perjury establishing that the debtor is unable to
pay the filing fee except in installments. The application and declaration must be
completed on forms prescribed by the court and presented for filing with the
petition. If unrepresented by an attorney, or if required by the court, the debtor
must also present evidence of personal identification in the form of a valid
government-issued driver’s license or identification card, or other similar form of
identification satisfactory to the clerk.

(3) Hearing. On the petition date or at a later date and time the designated judge may
select for a hearing, the debtor must appear personally before a designated judge
to present the application, supporting declaration, and proposed order. The debtor
must provide sworn testimony regarding the basis for the application and
circumstances of the bankruptcy filing. Unless the court expressly waives the
requirement of personal appearance, the debtor’s failure to appear and testify at
the prescribed time and place will result in denial of the application and dismissal
of the bankruptcy case.

(4) Notice. Compliance with the notice and service requirements of LBR 9013-1 is
not required, unless otherwise ordered by the designated judge.

(5) Order. An order authorizing payment of the filing fee in installments must fix the
number of installments and the amount and due date of each installment. The
number of installments must not exceed 4. The final installment is payable not
later than 120 days after the filing of the petition, unless extended by the court for
cause shown to a date not later than 180 days after the petition date. The first
payment must be at least $30, unless otherwise ordered by the court.

(6) Dismissal for Nonpayment. The debtor’s failure to pay any installment when due
may result in dismissal of the case without further notice and hearing.

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LBR 1007-1

(b) Waiver of Chapter 7 Filing Fee.

(1) Eligibility. Only an individual debtor may file an application to waive the filing
fee in a chapter 7 case.

(2) Application. The debtor must submit a written application for an order waiving
payment of the filing fee in a chapter 7 case. The application must be
accompanied by a declaration under penalty of perjury establishing that the debtor
qualifies for a waiver and is unable to pay the filing fee. The application and
declaration must be completed on forms prescribed by the court and presented for
filing with the petition. If unrepresented by an attorney, or if required by the
court, the debtor must also present evidence of personal identification in the form
of a valid government-issued driver’s license or identification card, or other
similar form of identification satisfactory to the clerk.

(3) Hearing. On the petition date or at a later date and time the designated judge may
select for a hearing, the debtor must appear personally before a designated judge
to present the application, supporting declaration, and proposed order. The debtor
must provide sworn testimony regarding the basis for the application and
circumstances of the bankruptcy filing. Unless the court specifically waives the
requirement of personal appearance, the debtor’s failure to appear and testify at
the prescribed time and place will result in denial of the application and dismissal
of the bankruptcy case.

(4) Notice. Compliance with the notice and service requirements of LBR 9013-1 is
not required, unless otherwise ordered by the designated judge.

(5) Order. An order denying an application to waive the chapter 7 filing fee may
provide for payment of the filing fee in installments pursuant to LBR 1006-
1(a)(5).

LBR 1007-1. LISTS, SCHEDULES, AND STATEMENTS

(a) Master Mailing List.

(1) General. A master mailing list must be filed with the voluntary petition in the
format specified in The Central Guide. Unless otherwise ordered, the master
mailing list must include the name, mailing address, and zip code of each creditor
listed on Schedules D, E/F, G, and H.

(2) Partnerships, Corporations, Limited Liability Companies, and Other Eligible
Entities. If the debtor is a partnership, corporation, limited liability company, or
other eligible entity, the master mailing list must include the name and address of
each general partner, senior corporate officer, or managing member. A list of all
limited partners, shareholders, or other equity holders must be provided either as
part of the master mailing list or as a separate “Equity Holders’ Mailing List.”
The Equity Holders’ Mailing List must comply with the format requirements of
subsection (a)(1) of this rule.

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LBR 1007-1

(3) Verification of Completeness and Accuracy.

(A) The debtor, or such other person as the court may order, is responsible for
the accuracy and completeness of the master mailing list, any supplement to
the master mailing list, and the Equity Holders’ Mailing List.

(B) The master mailing list and any supplement must be accompanied by a
declaration by the debtor or debtor’s counsel attesting to the completeness
and correctness of the list.

(C) If the master mailing list or any supplement is submitted in a court-approved
electronic format and the electronic file is prepared by someone other than
the debtor or debtor’s counsel, a further declaration must be submitted by
the preparer to attest to the accuracy of the electronic file as it relates to the
information provided by the debtor or debtor’s counsel.

(D) The clerk will not compare the names and addresses of the creditors listed in
the schedules with the names and addresses shown on the master mailing list
or any supplement.

(4) Amendment. When an addition or change is required to the master mailing list, a
supplemental master mailing list, in the required format, containing only the
newly added or changed creditors must be filed. The supplement must not repeat
those creditors on the original master mailing list.

(b) Extension of Time to File Lists, Schedules, Statements, and Other Documents.

(1) A motion for an extension of time to file the lists of creditors and equity security
holders, or to file the schedules, statements, and other documents, must:
(A) identify the date the petition was filed, and the date of the proposed new
deadline; (B) be supported by a declaration under penalty of perjury establishing a
sufficient explanation for the requested extension of time; and (C) contain a proof
of service upon the case trustee (if any) and all creditors.

(2) The motion may be ruled upon without a hearing pursuant to LBR 9013-1(p).

(3) If the court grants the motion, the court may dismiss the case without further
notice and hearing if any list, schedule, statement, or plan (in chapter 13 cases) is
not filed within the additional time allowed by the court.

(c) Amendment of List, Schedule or Statement. When an amended list, schedule or statement is filed, it must be accompanied by a Summary of Amended Schedules, Master Mailing List, and/or Statements using the court-approved form.

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LBR 1015-1

LBR 1007-4. DISCLOSURE OF CORPORATE RELATIONSHIPS

(a) Mandatory Statement. A debtor that is a corporation, other than a governmental unit, must file with the petition a corporate ownership statement that either identifies any corporation, other than a governmental unit, that directly or indirectly owns 10% or more of any class of the debtor corporation’s equity interests or states that there are no such entities to report.

(b) Supplemental Statement. The debtor must file a supplemental statement promptly upon any change in circumstances that this rule requires the debtor to identify or disclose.

LBR 1010-1. INVOLUNTARY PETITIONS

The court may dismiss an involuntary petition without further notice and hearing if the petitioner fails to (a) prepare a Summons and Notice of Status Conference in an Involuntary Bankruptcy Case on the court-mandated form; (b) at the same time the involuntary petition is filed, submit the Summons and Notice of Status Conference to the clerk for issuance; (c) serve the summons and petition within the time allowed by FRBP 7004; (d) file a proof of service of the summons and petition with the court; or (e) appear at the status conference set by the court.

LBR 1015-1. CONSOLIDATION AND JOINT ADMINISTRATION

(a) Joint Cases. A joint case commenced for spouses by the filing of a single petition under 11 U.S.C. § 302(a) will be deemed substantively consolidated unless the court orders otherwise.

(b) Joint Administration of Cases Pending Before the Same Judge.

(1) Motion. If 2 or more cases are pending before the same judge, an order of joint
administration may be entered, without further notice and an opportunity for
hearing, upon the filing of a motion for joint administration pursuant to FRBP
1015 and LBR 9013-1(q), supported by a declaration establishing that the joint
administration of the cases is warranted, will ease the administrative burden for
the court and the parties, and will protect creditors of the different estates against
potential conflicts of interest.

(2) Order. An order granting a motion to approve joint administration must be lodged
using the court-approved form. An order of joint administration under this rule is
for procedural purposes only and shall not effect a substantive consolidation of
the respective debtors’ estates.

(3) Notice. Promptly upon entry of an order granting a motion for joint
administration, the movant must file and serve, using the court-approved form, a
Notice of Joint Administration and Requirements for Filing Documents.

(c) Reassignment of Cases Not Assigned to the Same Judge. A motion for joint

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administration or for substantive consolidation must include a motion under LBR 1073- 1 to reassign the cases to be jointly administered or substantively consolidated if those cases are not all assigned to one judge.

LBR 1015-2. RELATED CASES

(a) Definition of Related Cases. For purposes of this rule, cases are deemed “related cases” if the earlier bankruptcy case was filed or pending at any time before the filing of the new petition, and the debtors in such cases:

(1) Are the same;

(2) Are spouses, former spouses, domestic partners, or former domestic partners;

(3) Are “affiliates,” as defined in 11 U.S.C. § 101(2), except that 11 U.S.C. §
101(2)(B) shall not apply;

(4) Are general partners in the same partnership;

(5) Are a partnership and one or more of its general partners;

(6) Are partnerships that share one or more common general partners; or

(7) Have, or within 180 days of the commencement of either of the related cases
had, an interest in property that was or is included in the property of another
estate under 11 U.S.C. § 541(a), § 1115, § 1207, and/or § 1306.

(b) Disclosure of Related Cases.

(1) A petition commencing a case must be accompanied by court-mandated form
F 1015-2.1.STMT.RELATED.CASES, Statement of Related Cases.

(2) The petitioner must execute court-mandated form
F 1015-2.1.STMT.RELATED.CASES under penalty of perjury disclosing, to the
petitioner’s best knowledge, information and belief, whether a related case was
filed or has been pending at any time and if so, for each such related case:

(A) The name of the debtor in the related case;

(B) The case number of the related case;

(C) The district and division in which the related case is or was pending;

(D) The judge to whom the related case was assigned;

(E) The current status of the related case;

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LBR 1017-1

(F) The manner in which the cases are related; and

(G) The real property, if any, listed in the Schedule A/B that was filed in the related case.

(3) The failure to provide complete and accurate information in court-mandated form F 1015-2.1.STMT.RELATED.CASES may subject the petitioner and its attorney to appropriate sanctions, including the appointment of a trustee or dismissal of the case with prejudice.

LBR 1016-1. DEATH OR INCOMPETENCY OF DEBTOR

When the death or incompetency of a debtor has occurred, an order continuing administration of a case under chapter 11, 12 or 13 of the Code requires a motion that meets the standard of FRBP 1016 and complies with LBR 9013-1.

LBR 1017-1. CONVERSION

(a) Conversion Upon Debtor’s Request.

(1) First Time Conversion from Chapter 12 or 13 to Chapter 7. A debtor’s notice of
conversion under 11 U.S.C. §§ 1208(a) or 1307(a) must be filed and served on the
standing trustee and United States trustee. No hearing is required for conversion.

(2) Conversion from Chapter 12 or 13 to Chapter 11.

(A) Chapter 12 to Chapter 11. A debtor or other party in interest must request
conversion under 11 U.S.C. § 1208(e) by motion filed and served as
required by LBR 9013-1(d) or (o).

(B) Chapter 13 to Chapter 11. A debtor must request conversion under 11
U.S.C. § 1307(d) in accordance with the procedure set forth in LBR 3015-
1(q)(2)(C).

(3) Conversion from Chapter 11 to another Chapter. A debtor must request
conversion under 11 U.S.C. § 1112(a) by motion filed and served as required by
FRBP 9013, and may be ruled on without a hearing pursuant to LBR 9013-1(p).

(4) Conversion from Chapter 7 to Chapter 11, 12 or 13. A debtor must request
conversion under 11 U.S.C. § 706(a) to a case under chapter 11, 12 or 13 by
motion which, unless otherwise ordered by the court, may be granted only after
notice of opportunity to request a hearing to the trustee, attorney for the trustee (if
any), United States trustee, and parties in interest, as provided in LBR 9013-1(o).

(b) Additional Fees Upon Conversion of a Case.

(1) A notice of conversion or motion for conversion of a case, whichever is required, must be accompanied by payment of the filing fee, if any, required for conversion 9

of the case to the chapter for which conversion is sought.

(2) If a request to convert to chapter 11 is denied, the filing fee paid when the motion
was filed will be refunded to the payor upon written request to the Fiscal
Department of the clerk’s office. A conformed copy of the order denying the
request to convert to chapter 11 must be attached to the request for refund.

(3) If a request to convert a case to chapter 7 is denied, the filing fee paid when the
request was filed will not be refunded.

LBR 1017-2. DISMISSAL OF CASE OR SUSPENSION OF PROCEEDINGS

(a) Dismissal for Failure to File Case Commencement Documents.

(1) Grounds or “Cause” for Dismissal. The failure of the person or entity who filed a petition to file in a timely manner any case commencement document required by the Bankruptcy Code, the FRBP, and these rules is grounds or “cause” for dismissal of the case.

(2) Notice of Deficiency. If a petition is filed without all of the documents required by the Bankruptcy Code, the FRBP, and these rules, the clerk will issue a notice to the petitioner that identifies each of the deficiencies and states that the case will be dismissed without further notice or hearing if the documents listed in the notice, or a request for extension of time within which to file the required documents, are not filed within 14 days from the filing of the petition.

(3) Dismissal Without Further Notice. If the required documents are not filed within 14 days from the filing of the petition or an extension of such 14-day period granted by an order of the court, the case will be dismissed without further notice or hearing.

(b) Dismissal of Chapter 7 Case for Failure to Attend Meeting of Creditors. The failure of a chapter 7 debtor to appear at the initial meeting of creditors and any continuance thereof is cause for dismissal of the case. Pursuant to LBR 9013-1(q), the court will dismiss the case without a hearing upon the trustee’s motion for dismissal and declaration that the debtor has failed to appear at two meetings of creditors.

(c) Motion to Vacate Dismissal.

(1) Any motion requesting that the dismissal of a case for failure to timely file a
required document or for failure to appear at the meeting of creditors be vacated
must include as exhibits to the motion all of the documents that were not timely
filed and must be supported by a declaration under penalty of perjury establishing
a sufficient explanation why the documents were not timely filed. The motion
may be ruled on without further notice or hearing pursuant to LBR 9013-1(q).

(2) In the event a dismissal order is vacated, the court may impose sanctions as it
deems just and reasonable.

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LBR 1071-1

(d) Filing a Subsequent Case. A petitioner who files a petition following the dismissal of a case must disclose the dismissed case pursuant to LBR 1015-2.

(e) Motion to Dismiss or Suspend Proceedings.

(1) A motion by the debtor to dismiss a case filed under 11 U.S.C. §§ 301 or 302, a motion by creditors or the debtor to dismiss an involuntary case filed under 11 U.S.C. § 303, or a motion to suspend all proceedings under 11 U.S.C. § 305 must be supported by a declaration under penalty of perjury setting forth the reasons for the request for dismissal or suspension.

(2) The declaration in support of the motion must disclose any arrangement or agreement between the debtor and creditors or any other person in connection with the motion for dismissal or suspension.

(3) The court may condition the dismissal upon payment of fees and expenses, including fees due to the United States trustee.

(f) Retention of Jurisdiction. Notwithstanding any dismissal, the court retains jurisdiction regarding all issues involving sanctions, any bar against being a debtor in bankruptcy, all issues arising under 11 U.S.C. §§ 105, 107, 109(g), 110, 303, 329, 330, 349, 362, and 364, and to any additional extent permissible under applicable law.

LBR 1071-1. DIVISIONS – PLACE OF FILING

(a) Filing of Petition. Unless otherwise ordered by the court, a petition commencing a case under the Bankruptcy Code must be filed with the Clerk of the United States Bankruptcy Court for the Central District of California in the “applicable division.”

(1) The “applicable division” is determined by the location of the debtor’s residence, principal offices, officers, and books and records, or where the majority of the debtor’s assets are located based on a book value determination as set forth on the debtor’s most current balance sheet.

(2) Information concerning the “applicable division” for the filing of the petition is contained in The Central Guide.

(b) Petition Filed in Wrong Division. If a petition is filed in the wrong division, the court may, on its own, transfer it to the appropriate division or retain the case.

(c) Filing of Documents Other Than a Petition. Documents filed non-electronically, other than a petition, must be filed only in the divisional office of the clerk to which the relevant case or proceeding has been assigned. However, the clerk may, by special waiver or upon order of the court, accept documents in any office of the clerk irrespective of division.

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LBR 1073-1

LBR 1073-1. ASSIGNMENT OR REASSIGNMENT OF CASES AND PROCEEDINGS

(a) Assignment or Reassignment of Related Cases and Proceedings. The court will assign or reassign related cases or proceedings pursuant to the procedures established by the court’s General Orders or as provided in The Central Guide.

(b) Motion for Reassignment or Consolidation of Related Cases or Proceedings.

(1) A motion by a party in interest for reassignment or consolidation of related
bankruptcy cases or adversary proceedings must be made to the judge to whom
the low-numbered case is assigned.

(2) The motion must be filed and served in accordance with LBR 9013-1(o). Notice
must be given to the debtor or debtor in possession, the trustee (if any), the
creditors’ committee or the 20 largest unsecured creditors if no committee has
been appointed, any other committee appointed in the case, counsel for any of the
foregoing, the United States trustee, and any other party in interest entitled to
notice under FRBP 2002. Notice of a motion seeking the reassignment or
consolidation of an adversary proceeding must be given to each party named in
the adversary proceeding. A judge’s copy of the motion must also be served in
chambers on the higher-numbered judge.

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