Court Operations during the COVID-19 Outbreak
Information about Hearings, Filings, and Operations

 

Chief Judge Charles Novack • Clerk of Court Edward Emmons

News and Announcements

CM/ECF HAS BEEN UPGRADED TO NEXTGEN CM/ECF on 2/16/21.
Please visit our NextGen CM/ECF web page for more information.

Judge Hammond will Reinstitute In-person/In-Courtroom Hearings

Beginning March 1, 2022 (postponed from January 18, 2022), all matters before Judge Hammond will be conducted in person, in the courtroom, unless otherwise ordered by the court.  Counsel and interested parties may appear at the hearing either in person or by Zoom.  Judge Hammond’s Practices and Procedures for In-Person Hearings are available at https://www.canb.uscourts.gov/procedure/hammond/judge-hammond%E2%80%99s-...

Amendment to Bankruptcy Local Rule 1017-2

Effective December 22, 2021, the court has amended B.L.R. 1017-2 to conform to In re Nichols, 10 F.4th 956 (9th Cir. Sept. 1, 2021).

1017-2. Voluntary Dismissal of Chapter 13 Cases.

 

A debtor who wishes to dismiss a pending chapter 13 case that has not previously been converted shall file a “Notice of Voluntary Dismissal Pursuant to 11 U.S.C. § 1307(b)”.  This Notice shall be executed by the debtor(s) under penalty of perjury and shall attest that the case to be dismissed has not previously been converted under 11 U.S.C. §§ 706, 1112, or 1208.  At the same time that the debtor files this Notice, they shall submit an Order of Dismissal.

United States Trustee Program has Updated UST Form 11-MORs and UST Form 11-PCRs

On June 21, 2021, the United States Trustee Program’s rule entitled Uniform Periodic Reports in Cases Filed Under Chapter 11 of Title 11, published at 28 C.F.R. § 58.8 (the “Final Rule”) became effective. The Final Rule requires that chapter 11 debtors-in-possession and trustees, other than in small business and subchapter V cases, file monthly operating reports and post-confirmation reports using streamlined, data-embedded, uniform forms in every judicial district where the U.S. Trustee Program operates.

The United States Trustee Program has posted on its website updated versions of the UST Form 11-MOR, Monthly Operating Reports (“MOR”) and UST Form 11-PCR, Post-confirmation Reports (“PCR”), that should be used for all reports filed after that date. Designed to improve the overall user experience, the updates will streamline the process of embedding data on the forms by using standard PDF bar-code technology. The updates do not impact the information required to be reported on the MORs and PCRs.

To obtain important information related to periodic reporting under the Final Rule, please visit https://www.justice.gov/ust/chapter-11-operating-reports. While at that webpage, please subscribe to the “Chapter 11 Operating Reports E-mail Updates” feature to automatically receive future email updates about the forms and periodic reporting under the Final Rule.

Changes to Federal Rules of Bankruptcy Procedure and Official Bankruptcy Form 122B

Effective December 1, 2021:

Bankruptcy Rules 2005, 3007, 7007.1, and 9036 have been amended. For rule changes click the following link: https://www.uscourts.gov/rules-policies/current-rules-practice-procedure

In addition, Official Form 122B has been updated. For the form change, click the following link: https://www.uscourts.gov/rules-policies/pending-rules-and-forms-amendments/pending-changes-bankruptcy-forms