Rules & Procedures
Judge Novack's Order Setting Telephonic Hearing for Relief from Stay (Chapter 13 - Salinas cases only)
UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
In re Case No.:
Order Setting Telephonic Hearing For Relief From Stay
IT IS HEREBY ORDERED that a preliminary hearing will be held telephonically on
___________________ at _____ _.m., or as soon thereafter as the matter may be heard, to consider the attached motion for relief from stay. This Order modifies Bankruptcy Local Rule 4001‐1 by requiring telephonic, rather than personal appearances, by the parties on a motion for relief from stay. The moving party shall complete the information in this Order, serve a copy of this Order with the moving papers and file all pleadings as well as proof of service at least fourteen days before the noticed hearing date.
All telephonic appearances shall be through Court Conference. Any questions regarding procedures for the telephonic hearing may be directed to Court Conference at 1‐866‐582‐6878.
The parties shall, in good faith, confer before the hearing regarding the issues raised by the motion and resolution of the motion. If debtor's counsel or the debtor does not appear telephonically, the Court may presume there is no opposition to the motion. If either counsel or the parties abuse the process for telephonic hearings, the Court may order sanctions as appropriate, which may include removing the matter from the calendar, granting relief from the automatic stay, or awarding monetary sanctions.
/s/ CHARLES NOVACK