Announcement Archive


Effective January 1, 2023, the Northern District of California
adopted a new Chapter 13 Plan


Fourth Amended General Order 37

Abrogation Of General Order 37, And Third Amended General Order 37; Retention Of Interim Rule 1020 And Temporary Amended Official Form 201

Retains adoption of Interim Bankruptcy Rule 1020 and use of amended Official Form 201 in this Court


Attachment: PDF icon 4th Amended General Order 37

Judge Roger Efremsky to Retire on January 31, 2023, and the Assignment of Oakland and Santa Rosa Cases effective November 1, 2022

After 17 years on the Northern District of California bankruptcy bench, Judge Roger Efremsky is retiring, effective January 31, 2023.  Given the Northern District’s relatively low weighted caseload, it is not anticipated that the Ninth Circuit will replace him in the foreseeable future.  To ensure a smooth transition, effective November 1, 2022, Judge Efremsky will be removed from the Oakland and Santa Rosa divisions’ case assignment “wheels,” and no bankruptcy cases filed on or after that date will be assigned to him.  All new Oakland bankruptcy cases will be assigned to Judges Novack or Lafferty, and Judge Lafferty will replace Judge Efremsky on the Santa Rosa wheel.  With regard to Judge Efremsky’s Oakland cases that are pending on February 1, 2023, all cases that end in an “even” number will be assigned to Judge Novack, and all cases that end in an “odd” number will be assigned to Judge Lafferty.  Pending adversary proceedings will follow the main bankruptcy case. Judge Efremsky’s Santa Rosa cases and adversary proceedings that are pending on February 1, 2023, will be assigned to Judge Lafferty.

 

Changes to Federal Rules of Bankruptcy Procedure and Official Forms 101, 309E1 and 309E2

Effective December 1, 2022

Bankruptcy Rules 3002, 5005, 7004, and 8023 have been amended. Additionally, the Interim Rules 1007, 1020, 2009, 2012, 2015, 3010, 3011, 3014, 3016, 3017.1, 3018, 3019, and new Rule 3017.2 adopted February 19, 2020, to implement the Small Business Reorganization Act of 2019 are no longer interim and have been adopted as Federal Rules of Bankruptcy Procedure.

  

For rule changes, click the following link:  https://www.uscourts.gov/rules-policies/current-rules-practice-procedure.

 

In addition, Official Forms 101, 309E1, and 309E2 have been updated. For form changes, click the following link:  https://www.uscourts.gov/rules-policies/pending-rules-and-forms-amendments/pending-or-recent-changes-bankruptcy-forms.

 

Judge Blumenstiel's Notice of Unavailability

Please be advised that the Honorable Hannah L. Blumenstiel will not be available on Saturday, January 7, 2023 through and including Thursday, January 26, 2023.



Attachment: PDF icon HLB Notice of Unavailability (7 Jan - 26 Jan 2023).pdf

Change to Bankruptcy Local Rule 9014-1 and New Local Form

Effective November 28, 2022

Attachment: PDF icon Redline of Revised BLR 9014-1, PDF icon Certification of No Objection BLR 9014-1 Form

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

All divisions of the Bankruptcy Court will be closed on Monday, January 16th, in observance of Martin Luther King, Jr.'s Birthday.

Federal Holiday - New Years Day

All divisions of the Bankruptcy Court will be closed on Monday, January 2nd, in observance of New Years Day.

Federal Holiday - Christmas Day

All divisions of the Bankruptcy Court will be closed on Monday, December 26th, in observance of Christmas Day.

New Chapter 13 Plan, effective January 1, 2023

Pursuant to Amended General Order 34, the Northern District is adopting a new chapter 13 plan effective January 1, 2023. Amended General Order 34 makes important changes to the requirement of reporting on post-petition direct payments to class 1 (secured) creditors. The court has posted a video seminar on this website in which the new plan was previewed. Parties and counsel are encouraged to review Amended General Order 34 and the New Plan carefully. Use of the New Plan is mandatory for all cases commenced on or after January 1, 2023. The plan and the attachments/addendums are available below and must be viewed on a PC or MAC. If you are having trouble viewing the below forms, please contact Helpdesk@canb.uscourts.gov.

 



Attachment: PDF icon Chapter 13 Plan, Effective: 1.1.2023, PDF icon Attachment A Addendum Class 1, PDF icon Attachment B Addendum Class 3, PDF icon Attachment C Addendum Class 4, PDF icon Attachment D Addendum Class 6

Online (Zoom) Seminar, New Chapter 13 Plan

December 15, 2022 at 4:00 p.m.

The Court will conduct a seminar on the District’s new Chapter 13 Plan (effective January 1, 2023)

The seminar has reached capacity. The recording will be available for viewing on the courts website on December 19, 2022.

 

 Presenters:

Judge Hammond

Judge Johnson

Brisa Ramirez, Esq., Office of Trustee David Burchard

Darya Druch, Esq.

James S.K. (“Ike”) Shulman, Esq.

Topics will include:

Completing and ECF Filing the Chapter 13 Plan

Distributions under the Chapter 13 Plan

Defaulted Home and Vehicle Loans and Reporting Thereon

Treatment of Government Claims

Estimated Plan Lengths

Lien Strips and Cramdowns

 

This Program will be recorded and posted on the Court’s Website if you are not able to attend at the time it is offered.

Federal Holiday - Thanksgiving (November 24 and 25)

All divisions of the Bankruptcy Court will be closed on November 24th and 25th, in observance of Thanksgiving.

Federal Holiday - Veterans Day

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

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

Beginning October 17, 2022, all matters before Judge Novack 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 Novack's Practices and Procedures for In-Person Hearings are available here

REGISTER NOW! Bay Area Bankruptcy Judges Conference

October 28, 2022, 9 AM to 5 PM, Presidio of San Francisco

Attachment: PDF icon Bench Bar 2022 Registration Announcement

Federal Holiday - Columbus Day

All divisions of the Bankruptcy Court will be closed on Monday, October 10th, in observance of Columbus Day.

NEW Notice of Proposed Revisions to the Bankruptcy Local Rule 9014-1

PLEASE TAKE NOTICE that the Court is considering changes to Bankruptcy Local Rule 9014-1. A PDF of the proposed changes (redlined version) is below, along with the Local Form for Certificate of No Objection. Comments regarding the proposed changes may be submitted by emailing ron_mastroianni@canb.uscourts.gov by September 30, 2022.



Attachment: PDF icon Proposed BLR 9014-1 Redline, PDF icon Proposed BLR 9014-1 CNO Local Form

Third Amended General Order 37

Adoption of Interim Bankruptcy Rule 1020, Notice of Amended Official Forms, and Abrogation of Second Amended General Order 37

Adopts Interim Bankruptcy Rule 1020 and notices the use of amended Official Forms 101 and 201 in this Court.



Attachment: PDF icon 3rd Amended General Order 37

CM/ECF Temporarily Unavailable on Saturday, September 17, 2022

CM/ECF will be temporarily unavailable on Saturday, September 17th from 7:00 AM to 11:00 AM due to system maintenance. Following the system maintenance, CM/ECF will undergo tests to ensure proper back-up system operations. During this time, you may experience temporary intermittent access to certain CM/ECF features. Testing will conclude on Saturday, September 24, 2022.

If you experience any issues, please contact the helpdesk.

Federal Holiday - Labor Day

All divisions of the Bankruptcy Court will be closed on Monday, September 5th, in observance of Labor Day.

Chapter 13 Plan - Comments Requested

PLEASE TAKE NOTICE that the Court is requesting comments on the new Chapter 13 plan that it has drafted in consultation with a committee of lawyers and Martha Bronitsky, Chapter 13 Trustee. PDF versions of the Chapter 13 plan and its attachments are below.  Comments regarding the new plan may be emailed to Ron_Mastroianni@canb.uscourts.gov by September 1, 2022.  The subject line of the email should be “Chapter 13 Plan Comments.”



Attachment: PDF icon Chapter 13 Plan, PDF icon Addendum: A Class 1, PDF icon Addendum: B Class 3, PDF icon Addendum: C Class 4, PDF icon Addendum: D Class 6

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