CAEB — Delegation of Authority to the Clerk of the Bankruptcy Court and his Deputies

Source: https://www.caeb.uscourts.gov/documents/Forms/GeneralOrders/GO%2011-04.pdf

Sparse pages use OCR; original PDF remains authoritative.

= on oa fF WwW NY 4 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 r UNITED STATES BANKRUPTCY COURT JAN | 8 2012 EASTERN DISTRICT OF CALIFORNIA UNITED STATES BANKRUPTCY C DURT EASTERN DISTRICT OF CALIFORNIA In re Delegation of Authority to the Clerk of General Order 11-04 the Bankruptcy Court and his Deputies LASSE IT IS ORDERED that Special Order 11-01 dated September 28, 2011, is hereby abrogated and replaced by this General Order. IT IS FURTHER ORDERED that Wayne Blackwelder, the duly appointed Clerk of the U.S. Bankruptcy Court for the Eastern District of California, and his deputies shall have the same rights and powers, shall perform the same functions and duties, and shall be subject to the same provisions of Title 28, United States Code, as a clerk and other employees appointed under 28 U.S.C. § 751. Pursuant to the provisions of 28 U.S.C. § 956, 11 U.S.C. § 105, and the Federal Rules of Bankruptcy Procedure, the clerk and such deputies as he may designate are authorized to sign and enter without further direction the following orders which are deemed to be of a ministerial, nondiscretionary, nonjudicial, and/or administrative nature:

1. Orders pursuant to Federal Rule of Bankruptcy Procedure 2004, presented on EDC Form 6-970A, authorizing the examination of a person but not compelling the production of documentary evidence;
2. Orders fixing the last dates for the filing of objections to confirmation of chapter 12 and chapter 13 plans, complaints objecting to discharge, complaints to determine the dischargeability of debts, proofs of claim, and amendments thereto;
3. Orders granting applications to pay the filing fee in installments as provided by the Federal Rules of Bankruptcy Procedure;

0 Oo ON DOO kW DY = MO MM NY BS NY NY HB KH HN | B= Ha |S ase aaa as oN OoaK WH B= ODO DAN Da FW NY = Orders granting discharge of debtors in chapter 7 cases in which no objection to discharge is pending, the debtor(s) has (have) not executed a waiver of discharge or been otherwise denied a discharge, and where it appears from the record that the debtor(s) is(are) eligible for a discharge; Orders granting discharge of debtors in chapter 12 and 13 cases in which no objection to discharge is pending, the debtor(s) has(have) not executed a waiver of discharge or been otherwise denied a discharge, and in cases filed on and after October 17, 2005, the Court has determined after notice and an opportunity for a hearing that the debtor(s) is(are) eligible for a discharge; Orders closing bankruptcy cases without entry of a discharge when the debtor(s) fail(s) to file a statement of completion of a course concerning personal financial management (Official Form 23) or a motion to extend time to file the statement after the clerk has sent the debtor a notice of the deficiency and an opportunity to file a motion to extend time. If the debtor files a motion to extend time to file the statement and the debtor fails to file the statement within the time specified in the Judge’s order, the Clerk will close the case without entry of discharge; Orders closing bankruptcy cases without entry of a discharge when the debtor(s) has(have) not paid in full the filing fee prescribed by 28 U.S.C. §1930(a) and any other fee prescribed by the Judicial Conference of the United States under 28 U.S.C. §1930(b) that is payable to the Clerk upon the commencement of a case under the Bankruptcy Code or a motion to extend time to pay the fee, after the Clerk has sent the debtor a notice of the deficiency and an opportunity to file a motion to extend time. If the debtor files a motion to extend time to pay the fee and the debtor fails to pay the fee within the time specified in the Judge’s order, the Clerk will close the case without entry of discharge;

= CoO ON Oa FF WwW DN 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. 11. 12. 13. Orders reopening cases pursuant to 11 U.S.C. §350(b) where the stated purpose of reopening is to file a motion to avoid lien, file a complaint to obtain a determination of the discharge status of a debt under Federal Rule of Bankruptcy Procedure 4007(b), file a motion to seal, strike or restrict public access to documents filed in a case, file a statement of completion of a course concerning personal financial management (Official Form 23) and obtain a discharge when the case was closed without a discharge having been entered and the debtor is not also requesting a waiver of the fee to reopen the case or to pay fees as per FRBP 4004(c)(1)(G); After Court approval of all amounts awarded therein, orders awarding compensation and expense reimbursements to trustees and other professionals in chapter 7 cases; Final decrees, and orders closing cases and discharging trustees after notice affording opportunity to be heard and no request for hearing or objection having been filed; Except with respect to priority claims, orders substituting the transferee for the original claimant on a proof of claim pursuant to the Federal Rules of Bankruptcy Procedure; Orders presented by or approved with a signature by the Chapter 13 Standing Trustee ordering or releasing the debtor or any entity from whom the debtor receives income to pay all or part of such income to the trustee; Orders dismissing cases for failure to timely file missing documents after the Clerk’s office has sent a notice affording the opportunity to file the missing documents, file a motion for extension of time or file a notice of hearing on the Court's Notice of Intent to Dismiss the Case. If the debtor files a motion to extend time or a notice of hearing, and later fails to file the missing documents within the time specified in the Judge’s order, the Clerk will close the case without entry of discharge;

CoO OWN ODO Fk WN = mM DMO NYO NB NB YB YB NY NN HF BF HA SF ere sFerero2a-7?ea aonrton4rkwoNndsB |= OO DAN DO a FF Ww DN = 14. | Orders setting hearings on reaffirmation agreements. IT IS FURTHER ORDERED that, in the interest of justice, a judge may suspend or withdraw the Clerk's and deputy clerks’ authority to sign the foregoing orders at any time, on the judge’s own motion, and regulate practice in accordance with the judge’s direction. JAN 18 DATED: 18 ame A, on rs » Chistophenun Ken ichael S. McManus Chief Bankruptcy Jud Bankruptcy Judge Thomas C. Holman Bankruptcy Judge W. Richard Lee Robert S. Bardwil a" Sudge Bankruptcy Judge