Announcement Archive

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

Amended Bankruptcy Local Rule 1001-2(a) as it pertains to Amended Civil Local Rule 79-4

For Publication on March 18, 2022

 

Effective November 1, 2021, the United States District Court for the Northern District of California amended its Civil Local Rules (“Civil L.R.”).  In light of these amendments, the Bankruptcy Court has amended Bankruptcy Local Rule (B.L.R.) 1001-2(a) as it pertains to Civil L.R. 79-4.  The changes incorporated into amended B.L.R. 1001-2(a) are highlighted in red below:

 

1001-2. Applicability of Civil Local Rules.

 

(a) Incorporation of Civil Local Rules. Except as hereinafter set forth or otherwise ordered by the Court, the following Civil Local Rules shall apply in all bankruptcy cases and adversary proceedings:

 

 

  • 79-4 Custody and Disposition of Exhibits and Transcripts (except that, unless ordered by the court, exhibits admitted into evidence under seal and portions of the record ordered sealed are not available for public inspection)

Amended B.L.R. 1001-2(a) has been published and takes effect immediately.  Should you have any questions, you may contact the court by calling 888-821-7606 or by using the Live Chat feature on the court’s website.

UPDATED Procedures for Filing Redacted or Sealed Confidential or Highly Sensitive Documents

The District has revised the procedure, effective February 7, 2022. A redline version provided is provided below.


Attachment: PDF icon Procedures for Filing Redacted or Sealed Confidential or Highly Sensitive Documents (REDLINE VERSION).pdf

CM/ECF Temporarily Unavailable on Saturday, March 5, 2022

Access to CM/ECF will be temporarily unavailable on Saturday, March 5, 2022, from 5:30 AM to 10:00 AM due to system maintenance.

CM/ECF Temporarily Unavailable on Saturday, February 26th, 2022

Access to CM/ECF will be temporarily unavailable on Saturday, February 26th, 2022, from 5:00 AM to 10:00 AM due to system maintenance.

Federal Holiday - Presidents' Day

All divisions of the Bankruptcy Court will be closed on Monday, February 21st, in observance of Presidents' Day.

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.

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-...

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

Federal Holiday - Martin Luther King, Jr.'s Birthday

All divisions of the Bankruptcy Court will be closed on Monday, January 17th, in observance of Martin Luther King, Jr.'s Birthday.

NEW Eighth Amended General Order 38, Matters Pending in the Northern District of California

 

In re: Coronavirus Disease Public Health Emergency

Judge Blumenstiel's Notice of Unavailability

Please be advised that the Honorable Hannah L. Blumenstiel will not be available on Thursday, December 23, 2021 through and including Friday, January 7, 2022.



Attachment: PDF icon Blumenstiel Notice of Unavailability (23 December 2021 - 7 January 2022).pdf

Federal Holiday - New Years Day

All divisions of the Bankruptcy Court will be closed on Friday, December 31st, in observance of New Years Day.

Judicial Council of California Adopts Emergency Rules

On April 6, 2020, the Judicial Council of California adopted Emergency Rules intended to address issues relating to the COVID-19 pandemic.  These Emergency Rules took effect on April 6, 2020 and some of them pertain to unlawful detainer actions and judicial foreclosure actions.  The United States Bankruptcy Court for the Northern District of California has posted the Emergency Rules here for informational purposes only.  All parties and counsel should understand that the Judicial Council’s Emergency Rules neither govern nor restrict the power of Bankruptcy Judges to decide matters based upon the provisions of the Bankruptcy Code and Rules, nor do they provide a doctrinal basis to enlarge a Bankruptcy Judge’s powers to decide matters before them.



Attachment: PDF icon CA Rules of Court (Emergency Rules Adopted and Eff. Apr. 6, 2020)

ONLINE PAYMENTS using Pay.gov

IMPORTANT:  Do not use to pay Chapter 13 plan payments to the trustee or Chapter 11 quarterly fees to the trustee.

You can pay filing fees and make installment payments for Chapter 7, 11, and 13 cases. You can also pay other fees such as searches, copies, exemplifications, and certifications.

Please call the Clerk's Office at (888) 821-7606, in advance, to verify the fee amount.

Use the following link: https://pay.gov/public/form/start/821989144

CM/ECF Temporarily Unavailable on Sunday, December 26, 2021

Access to CM/ECF will be temporarily unavailable on Sunday, December 26, 2021, from 5:00 AM to 12:00 PM due to system maintenance.

Federal Holiday - Christmas Day

All divisions of the Bankruptcy Court will be closed on Friday, December 24th, in observance of Christmas Day.

Federal Holiday - Thanksgiving

All divisions of the Bankruptcy Court will be closed on November 25th and 26th, in observance of Thanksgiving.

Federal Holiday - Veterans Day

All divisions of the Bankruptcy Court will be closed on Thursday, November 11th, in observance of Veterans Day.

San Jose Division CLOSED on October 27, 2021

Due to the local utility company conducting underground water repairs at the U.S. Courthouse in San Jose, that location will be closed on Wednesday, October 27, 2021.  If you must conduct business with the San Jose location, please call:  (888) 821-7606 for assistance.

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