Judge Novack’s Practices and Procedures for Hearings

Revised: 
Friday, September 22, 2023
  1. Beginning September 1, 2023, unless otherwise ordered, Judge Novack will conduct a “hybrid” courtroom. Counsel and interested parties may appear at the hearing in person in Courtroom 215 of the United States Bankruptcy Court, 1300 Clay Street in Oakland, California or via Zoom video or telephone.  The Zoom information will be included in each calendar posted weekly, as applicable. 
  1. The court will not conduct any in-person hearings at the United States Bankruptcy Court located in Santa Rosa. To make an in-person appearance for a Santa Rosa matter, counsel and interested parties must attend the hearing in Courtroom 215 of the United States Bankruptcy Court, 1300 Clay Street in Oakland, California.
  1. Parties appearing at the hearing in person or by Zoom video will be able to see parties appearing in the alternate manner.
  1. Any individual experiencing COVID symptoms is required to attend the hearing by Zoom video or telephone.
  1. Specific procedures for any evidentiary hearings, settlement conferences, or trials shall be determined by Judge Novack in consultation with counsel.
  1. Notice requirements for matters set for hearing before Judge Novack on or after September 22, 2023:

Noticing requirements, including information on how to attend a hearing by Zoom video or telephone, can be found on Judge Novack’s Procedures page on the court’s website under “Procedures for Noticing and Conducting Hearings Assigned to Judge Charles Novack in the Oakland Division United States Bankruptcy Court for the Northern District of California (Effective September 22, 2023).”

  1. Calendaring Motions on Shortened Time. To calendar an emergency matter to be heard on shortened time, an application for an order shortening time that complies with Bankruptcy Local Rule 9006-1 is required before a hearing date will be set.  Counsel should include preferred calendar dates and the proposed notice to affected parties as part of their application and a proposed order.  Requests for temporary restraining orders will only be calendared after an adversary complaint has been filed.  You should include an application for an expedited hearing with the request for TRO and complaint.  Once Judge Novack has reviewed an application for shortened time, he will issue an order setting the date and time of the hearing and specifying any special instructions regarding notice, as appropriate.  Written opposition is generally not required to be filed before a hearing set on shortened time, and a party may appear at the hearing to oppose the motion orally.

If you need to contact Judge Novack’s Courtroom Deputy to schedule a hearing not subject to the open calendar procedure, you may call Ruby Bautista at (510) 879-3529.  Her e-mail address is ruby_bautista@canb.uscourts.gov.

  1. Continuing or Withdrawing Calendared Matters. To withdraw a new matter from the calendar, you should submit a written withdrawal to the court as soon as possible.  If you wish to continue a new matter, the timing depends upon who has received notice.  If the matter has been noticed to all creditors, please submit a notice of continued hearing and serve it on all creditors as soon as possible.  If the matter concerns only specific parties in interest, such as a motion for relief from stay, contact the court and counsel at least 24 hours in advance to advise of the continuance.

If you wish to continue a hearing on a matter that has already been before the court, you have two options.  You may submit a stipulation and order (if the parties agree) or application and order at least 3 days before the hearing.  If the hearing is in less than 3 days, please contact chambers to advise the court that you will request a continuance at the hearing. 

  1. Calling Chambers. You may call Judge Novack’s law clerk at (510) 879-3525 if you have questions regarding procedural matters.  Please keep in mind that Federal Rule of Bankruptcy Procedure 9003 prohibits ex parte contacts with the court and is applicable to law clerks as well as judges.  Additionally, you may contact chambers to check on the status of an order or to inform the court of the following matters:

a. an objection to a proposed form of order;

b. a settlement of a matter calendared for hearing; or

c. that the parties will go forward with a chapter 11 disclosure statement or plan confirmation hearing.

  1. Chambers Copies. Chambers copies are only required for Motions for Summary Judgment and pleadings in support or opposition of Chapter 11 Plan Confirmation.
  1. Submission of Orders After Hearings. Please observe the provisions of Bankruptcy Local Rule 9021-1(c) and 9022-1.