Procedural Change for San Jose

 

United States Bankruptcy Court

Northern District of California

San Jose Division

 

TO:                      Chapter 7 Trustees, San Jose Division

CC:                       Professionals for Chapter 7 Trustees, San Jose Division

FROM:                Judge Weissbrodt

Judge  Novack

Judge Johnson

 

DATE:                  January 19, 2012

 

RE:                       Chapter 7 Final Account and Fee Application Hearings

 

 

We are implementing a procedure similar to one used in the Oakland and San Francisco Divisions regarding standby appearances for final accounts and fee applications in Chapter 7 cases.   The change is intended to save trustee and professional time.

 

Effective March 1, 2012, Chapter 7 trustees and their professionals may elect to appear by telephone standby at Fee Application and Final Account Hearings, so long as the compensation, fees, or expenses sought are less than $25,000 per trustee or professional, and no objections have been filed.  Any person wishing to appear by telephone standby must contact the courtroom deputy by telephone or e-mail no less than one business day in advance of the hearing.  You must supply the courtroom deputy with your direct line in the event the court needs to contact you during the hearing.   If there are no objections by parties or concerns expressed by the court regarding the account or application, no appearance will be required.

 

You must appear in person or by telephone (using CourtCall) (1) for any request for compensation, fees, or expenses of $25,000 or more per professional, (2) where you have not given the courtroom deputy one business day's notice that you will appear by telephone standby, or (3) where a party has objected, sought clarification, or the court has required that you appear. 

 

If approved, you should upload a proposed order in the ECF system approving your compensation, fees, or expenses as prayed for in the application or account.

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Ch_7_Appearance_Rule.pdf76.22 KB