Amendments to the Federal Rules of Bankruptcy Procedure
went into effect on December 1. The below procedures is applicable for the Oakland
and San Jose divisions only
. The following rules require the filing of proposed forms of order with the motions:
- Rule 4001(b) — Use of Cash Collateral;
- Rule 4001(c) — Obtaining credit; and
- Rule 4001(d) — Agreement relating to relief from the automatic stay, prohibiting or conditioning the use, sale, or lease of property, providing adequate protection, use of cash collateral, and obtaining credit.
Please ensure that every proposed forms of order is clearly marked Proposed
, is filed only as an exhibit or attachment to a motion, and is not
docketed in such a manner that may mislead the parties or public to believe that it is an order of the court.
Please note, that proposed forms of order filed along with motions will not be executed by the Court. In order to have an order signed, you must upload a PDF version of the order via CM/ECF. Please do not put Proposed on an order which is submitted for the Court's signature.
If you have any questions, please contact the Oakland or San Jose divisions.