Effective January 1, 2023, the Northern District of California |
All divisions of the Bankruptcy Court will be closed on Monday, February 20th, in observance of Presidents' Day.
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Topics discussed: 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, and Lien Strips and Cramdowns
Presenters: Judge Hammond, Judge Johnson, Brisa Ramirez, Esq., Office of Trustee David Burchard, Darya Druch, Esq., and James S.K. (“Ike”) Shulman, Esq.
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.
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.