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
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.