Announcement Archive
Effective January 1, 2023, the Northern District of California |
Invitation for Public Comment on the Reappointment of U.S. Bankruptcy Judge Stephen L. Johnson
Invitation Public Comments re Chief Judge Johnson Federal Holiday - Memorial Day
All divisions of the Bankruptcy Court will be closed on Monday, May 29th, in observance of Memorial Day.
Reassignment of Cases Pending in the Oakland Division and the Santa Rosa Division
Reassignment of Cases Pending in the Oakland Division and the Santa Rosa Division CM/ECF Temporarily Unavailable on Saturday, April 22 at 8:00 AM to Sunday, April 23 at 11:59 PM
CM/ECF will be temporarily unavailable from Saturday, April 22, 2023, at 8:00 AM to Sunday, April 23, 2023, at 11:59 PM due to system maintenance.
Amended General Order 33
Attachment:
Amended General Order 33 (Effective 2/1/2023) IMPORTANT NOTICE: CM/ECF Temporarily Unavailable on Friday, March 10 at 5:00 PM to Monday, March 13 at 8:00 AM
The California Northern Bankruptcy Court will upgrade our Case Management and Electronic Case Filing system to version 1.7.1. The system will be temporarily unavailable from Friday, March 10, 2023, at 5:00 PM to Monday, March 13, 2023, at 8:00 AM.
Invitation for Public Comment on the Reappointment of U.S. Bankruptcy Judge Charles D. Novack
Invitation Comments for Reappointment Judge Novack Judge Blumenstiel's New Practices and Procedures
Federal Holiday - Presidents' Day
All divisions of the Bankruptcy Court will be closed on Monday, February 20th, in observance of Presidents' Day.
New Chapter 13 Plan Online Seminar Recording
Prior to viewing the recording, please download the below pdfs as they will be referred to by the presenters.
To view the recording in a web browser, click here.
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.
Attachment:
Ralph and Alice Cramdown Hypothetical, Ralph and Alice Cramdown Hypothetical Plan, Ralph and Alice Cramdown Hypothetical Attachment A Addendum Class 1, Ralph and Alice Cramdown Hypothetical Attachment B Addendum Class 3, Ralph and Alice Cramdown Hypothetical Attachment C Addendum Class 4, Ralph and Alice Cramdown Hypothetical Attachment D Addendum Class 6 Fourth Amended General Order 37
Retains adoption of Interim Bankruptcy Rule 1020 and use of amended Official Form 201 in this Court
Attachment:
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
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:
HLB Notice of Unavailability (7 Jan - 26 Jan 2023).pdf Change to Bankruptcy Local Rule 9014-1 and New Local Form
Attachment:
Redline of Revised BLR 9014-1, 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:
Chapter 13 Plan, Effective: 1.1.2023 ver4, Attachment A Addendum Class 1 ver4, Attachment B Addendum Class 3 ver4, Attachment C Addendum Class 4 ver4, Attachment D Addendum Class 6 ver4, MMM – Pre-approved non-standard provision language Online (Zoom) Seminar, New Chapter 13 Plan
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
Attachment:
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:
Proposed BLR 9014-1 Redline, Proposed BLR 9014-1 CNO Local Form Third Amended General Order 37
Adopts Interim Bankruptcy Rule 1020 and notices the use of amended Official Forms 101 and 201 in this Court.
Attachment:
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:
Chapter 13 Plan, Addendum: A Class 1, Addendum: B Class 3, Addendum: C Class 4, Addendum: D Class 6 CM/ECF Temporarily Unavailable on Saturday, August 27, 2022
Access to CM/ECF will be temporarily unavailable on Saturday, August 27, 2022, from 5:30 AM to 07:30 AM due to system maintenance.
Judge Lafferty's Notice of Judicial Law Clerk's Post-Clerkship Employment
Notice of Judicial Law Clerk's Post-Clerkship Employment Judge Montali's Revised Open Calendar Procedures
Judge Montali's Revised Open Calendar Procedures Federal Holiday - Independence Day
All divisions of the Bankruptcy Court will be closed on Monday, July 4th, in observance of Independence Day.
Recruitment to the Bench-Bar Liaison Committee
The Bench-Bar Liaison Committee (the “Committee”) is seeking members of the bar to serve a three-year term on the Committee. There are currently four (4) vacancies on the Committee and service will commence on July 1, 2022.
Prospective Committee Members should review the requirements and selection criteria of General Order No. 15. Trustee’s and employees of the U.S. Trustee are eligible to apply. Applications must commit to participate in six to eight Committee meetings each year during their membership term and to otherwise actively further the Committee’s mission. To apply for a position on the Committee, please send a letter of interest along with a current resume or curriculum vitae to the Committee Co-Chairs, Cheryl C. Rouse rblaw@ix.netcom.com and Michael A. Sweet msweet@foxrothschild.com by June 24, 2022.
CM/ECF Temporarily Unavailable on Saturday, June 25, 2022
Access to CM/ECF will be temporarily unavailable on Saturday, June 25, 2022, from 8:30 AM to 9:30 AM due to system maintenance.
Federal Holiday - Juneteenth
All divisions of the Bankruptcy Court will be closed on Monday, June 20th, in observance of Juneteenth.
PACER Services and CM/ECF Connections Temporarily Intermittent on Sunday, June 12
PACER users and Next Generation (NextGen) Case Management/Electronic Case Files (CM/ECF) e-filers may experience intermittent authentication issues when logging on, and intermittent connection issues when making payments through Pay.gov on Sunday, June 12 from 3:55 AM to 4:00 PM due to PACER system maintenance.
Judge Lafferty will Reinstitute In-person/In-Courtroom Hearings
Beginning April 1, 2022, all matters before Judge Lafferty will be conducted in person, in the courtroom, unless otherwise ordered by the court. Eureka/McKinleyville matters will, until further notice, be conducted via Zoom Webinar. Counsel and interested parties may appear at the hearing either in person or by AT&T Teleconference. Beginning May 25, 2022, counsel and interested parties may appear at the hearing in person or by Zoom Webinar. Prior court approval is not required for Zoom or AT&T appearances. The Zoom or AT&T information will be included in each calendar posted weekly, as applicable. Judge Lafferty’s Practices and Procedures for In-Person Hearings are available at https://www.canb.uscourts.gov/procedure/lafferty/judge-lafferty%E2%80%99s-practices-and-procedures-person-hearings
Federal Holiday - Memorial Day
All divisions of the Bankruptcy Court will be closed on Monday, May 30th, in observance of Memorial Day.
Judge Blumenstiel's Notice of Unavailability
Please be advised that the Honorable Hannah L. Blumenstiel will not be available on Friday, May 20, 2022 through and including Monday, May 30, 2022.
Attachment:
HLB Notice of Unavailability (20 May - 30 May 2022).pdf NEW Second Amended General Order 37, Abrogation of Amended General Order 37
This order rescinds Amended Interim Bankruptcy Rule 1020, and the use of amended Official Forms 101, 122A-1, 122B-1, 122C-1, and 201 in this Court.
Amended Bankruptcy Local Rule 1001-2(a) as it pertains to Amended Civil Local Rule 79-4
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
Attachment:
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
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
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:
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:
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/1130342985
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 - 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.