CANB — Amended General Order 40: Order Extending Certain Deadlines

Source: https://www.canb.uscourts.gov/sites/default/files/general-orders/AmendedGeneralOrder40.pdf

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7 UNITED STATES BANKRUPTCY COURT

8 NORTHERN DISTRICT OF CALIFORNIA

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

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WHEREAS, as a result of the COVID-19 pandemic a) the State of California has announcedCOURT 13
a general shelter-in-place order directing individuals to stay inside their residences and practice California 14

Of social distancing, b) there is no public access to the Bankruptcy Courts in the Northern District of 15 California and to several of the locations where 341 meetings are generally conducted within the 16 District Northern District of California, and c) the United States Trustee, effective March 17, 2020, hasBANKRUPTCY 17 discontinued all in-person 341 meetings in the Northern District of California through May 10, 2020 18 Northern and is determining how and where to conduct the 341 meetings; andSTATES 19 The WHEREAS, under the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure and/or For 20 the Bankruptcy Local Rules, the date first set for the meeting of creditors under 11 U.S.C. § 341(a)UNITED 21 (the “Initial Meeting of Creditors”) establishes certain deadlines in bankruptcy cases; 22 It is hereby ORDERED that: 23 1. This Amended General Order applies to all bankruptcy cases in which the date for the 24 Initial Meeting of Creditors is scheduled on or after March 17, 2020. In these cases, the following 25 deadlines under the Federal Rules of Bankruptcy Procedure are extended to 120 days after the date 26 of the Initial Meeting of Creditors: 27 a. The deadline under Federal Rule of Bankruptcy Procedure 1017(e) for the 28

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AMENDED GENERAL ORDER 40

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

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

3 objections to the debtor’s discharge.

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

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

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

7 reaffirmation agreement.

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

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

10 1007(b)(7).

11 2. If the Initial Meeting of Creditors in a Chapter 13 case is not conducted but instead is

12 continued by the Chapter 13 trustee due to restrictions arising from the COVID-19 pandemic, the

COURT 13 deadline under 11 U.S.C. § 1308(a) for a Chapter 13 debtor to file pre-petition tax returns is California 14 extended to the day before the date of the continued meeting of creditors. If there is no such Of 15 continued meeting of creditors, the deadline is unchanged.

16 3. If the Initial Meeting of Creditors is not conducted but instead is continued due to DistrictBANKRUPTCY 17 restrictions arising from the COVID-19 pandemic in a case where a trustee or debtor is required,

18 under Federal Rule of Bankruptcy Procedure 2015.3(b), to file a financial report regarding each NorthernSTATES 19 entity that is not a publicly traded corporation or a debtor in a bankruptcy case and in which the The

For 20 estate holds a substantial or controlling interest, the deadline for filing such a financial report isUNITED 21 extended to seven days before the date of the continued meeting of creditors. If there is no such

22 continued meeting of creditors, the deadline is unchanged.

23 4. If the Initial Meeting of Creditors in an individual Chapter 7 or Chapter 13 case is not

24 conducted but instead is continued due to restrictions arising from the COVID-19 pandemic, the

25 deadline under 11 U.S.C. § 521(e) for the debtor to provide to the trustee (and any requesting

26 creditor) a copy of the Federal income tax return or tax transcript for the most recent tax year ending

27 immediately before the commencement of the case and for which a Federal income tax return was

28 filed, is extended to seven days before the date of the continued meeting of creditors. If there is no

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AMENDED GENERAL ORDER 40

1 such continued meeting of creditors, the deadline is unchanged.

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

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

4 SO ORDERED this 9th day of April 2020.

5 _________________________________
Charles Novack
6 Chief Bankruptcy Judge

7 * * END OF ORDER * *

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AMENDED GENERAL ORDER 40