12/17/2010 Order Adopting Revised Interim Rule 1007-1
12/14/2010 Internal Revenue Service Address for Bankruptcy Notices and Service To Change January 1, 2011

Effective January 1, 2011, the following address should be used when sending notices and service in bankruptcy cases, adversary proceedings, and contested matters to the Internal Revenue Service:

                                                   Internal Revenue Service
                                                         PO Box 7346
                                                 Philadelphia, PA  19101-7346

See form EDC 2-785, Roster of Governmental Agencies, for additional information.
12/1/2010 Special Order 10-03 Order Adopting Revised Interim Rule 1007-1
11/15/2010 Amendments to the Federal Rules of Bankruptcy Procedure and Official Forms Effective December 1, 2010

Amendments to 11 Bankrupcy Rules and 9 Official Forms are effective December 1, 2010.  Click the hyperlinks listed below to view a summary of the amendments, the full text of the amended rules, and the amended forms.
 
Summary of Amendments to the Federal Rules of Bankruptcy Procedure and Official Forms

Amended Federal Rules of Bankruptcy Procedure

Amended Official Forms
11/5/2010 Relief From Stay Information Sheet and Instructions Revised

The Relief From Stay Information Sheet, EDC Form 3-468, and the Instructions for Completing Relief From Stay Information Sheet, EDC Form 3-468-INST, have been revised and are now titled Relief From Stay Summary Sheet  and Instructions for Completing Relief From Stay Summary Sheet, respectively. Reformatted to remove the "For Court Use Only" boxes, the Relief From Stay Summary Sheet   includes a statement indicating that it is in the nature of a pretrial statement and is not evidence, provides space to include the Vehicle Identification Number (VIN) and Assessor Parcel Number (APN), and includes Bankruptcy Code sections 362(d)(1) through 362(d)(4) as grounds for seeking relief. The Instructions for Completing Relief From Stay Summary Sheet includes conforming changes.

Both EDC Form 3-468, Relief From Stay Information Sheet, and EDC Form 3-468-INST, Instructions for Completing Relief From Stay Information Sheet, have been posted on the court's web site and are effective immediately.
9/1/2010 Statistical Data Will Be Required to Electronically File New Bankruptcy Cases Beginning October 5, 2010

Effective October 5, 2010, debtor information in the statistical data file uploaded with an electronically filed petition will be used to open the new case instead of the manual data entry currently done by Clerk's Office staff.

For e-Filers of petitions who do not use petition preparation software to create the file, MUCH MORE statistical data, as well as all debtor names and addresses, will have to be entered manually.  Because the amount of data required is significant, e-Filers not currently using petition preparation software may wish to consider using it.

e-Filers who use petition preparation software will not be required to enter this data as most software packages already create the necessary statistical data file.

For more information, please click here.
7/23/2010
Most Commonly Asked e-Filing Questions

1. I’ve misplaced my login and password. How can I obtain them?
You may obtain your username and password by accessing the e-Filing website and clicking the “Click Here To Retrieve Your Password” link. Once selected, you will be directed to enter either your username (if known) or an email address listed under your e-Filing account.

2. How do I e-file a proposed order?
For the majority of proposed orders, use document type For Judge’s or Deputy Clerk’s Signature and subtype Other Proposed Order. See the e-Filing User Guide, Exhibit 3 for additional information.

3. Why am I having problems accessing the e-Filing website with my username and password?
The most common login problems relate to one of the following issues:
Alpha characters are case sensitive. The username usually contains both upper and lower case letters.
Be sure you are selecting the Electronic Case Filing (eCalWebFiling) system and not the CM/ECF Filer (PACER) system. These are two different systems that require two separate usernames and passwords.
Also, if you cut and paste the username and/or password into the appropriate fields, be sure you don’t inadvertently pick up a blank character at the beginning or end of either one.

4. The Payment Required box repeatedly appears when I log into the e-Filing system even though I’ve already paid for my transaction.
To resolve billing issues, please contact the court’s Finance Department at 916-930- 4472 or 916-930-4437.

5. I’m in the process of uploading my documents and the system timed out. How do I know if my documents were submitted to the court?
To avoid a duplicate filing, check your e-Filing History to verify if the documents have been submitted to the court. Documents that have been filed with the court will appear in the e-File History 10 to 15 minutes after submission.

6. How do I change my email address information under my e-Filing account?
To add, edit or remove an email address from an e-filing account, you must log into the eCalWebFiling website. Click on My Account in the navigation bar at the top of the page. Choose the appropriate option from the list given and proceed to make changes.

7. I’m attempting to upload a document but am receiving the error message ““(File name)” has already been uploaded within the last 30 days.”
If you’re certain this is the file you wish to upload, change the file name of the document and resubmit for filing.

8. When uploading the statistical data file, I’m taken back to the login screen.
Do not use any short cuts or links your bankruptcy software may have provided you to access the eCalWebFiling site.

9. What are the file size limits for filing documents?
The size of the your document should not exceed 10MB. To determine if your document exceeds the file size limit, highlight the file name of the document whose size you want to check. Right click and scroll down to properties. Click on properties.
Additionally, scanners that are not set to Black and White and/or are set higher than 300 dpi will make the file larger.

10. I’m no longer involved in a particular case and would like to be removed from the email notification list.
To discontinue receiving email notifications, put your request in writing specifying the case number you wish to be removed from. To e-file the request, use the Filing Type Miscellaneous Documents (Other) and document type Other Miscellaneous Document.

11. How can I change my address information with the Court?
To update his/her address, an e-Filer can either click the “update address” link on their eCalWebFiling Home Page, or click My Account in the blue bar at the top of the eCalWebFiling page, and then select Change Your Address and/or Phone Number.
6/23/2010 CHANGE IN PROCEDURE FOR ADMISSION TO PRACTICE PRO HAC VICE

Effective June 24, 2010, attorneys seeking admission to practice pro hac vice in the U.S. Bankruptcy Court must pay the required $180 fee to the U.S. District Court directly and file their applications and proposed orders for pro hac vice admission electronically through designated local counsel.  To accomplish this, the attorney seeking to be admitted will pay the fee to the U.S. District Court and include the U.S. District Court receipt number in their Application for Admission to Practice Pro Hac Vice, form EDC 2-600. They will then complete the rest of the Application and form EDC 2-601, Order Concerning Admission to Practice Pro Hac Vice, and provide their completed forms with a certificate of good standing to designated local counsel, who will sign the application, assemble the PDF documents, and electronically file them.  For additional information, please see EDC 2-601, Instructions Regarding Application for Admission to Practice Pro Hac Vice.
5/3/2010 On Friday, May 7, 2010, the U.S. Bankruptcy Court for the Eastern District of California will launch a redesigned website aimed at helping the legal profession, parties-in-interest, and the public to easily access information from and about the court. The information presented on the site has been revised and streamlined, and the site itself has been restructured. Click here to access further documentation.
4/1/2010

Adjustments to Certain Dollar Amounts in the Bankruptcy Code

and Official Bankruptcy Forms

On April 1, 2010, automatic adjustments will be made to the dollar amounts stated in various provisions of the Bankruptcy Code and one provision in Title 28 of the United States Code.  The adjustments will apply to cases filed on or after April 1, 2010 and will affect, among other things:

- Eligibility of a debtor to file under chapters 12 and 13 of the Bankruptcy Code;
- Certain maximum values of property that a debtor may claim as exempt;
- The maximum amount of certain claims entitled to priority;
- The calculation of the “means test” for chapter 7 debtors;
- The duration of a chapter 13 plan;
- The definition of a small business debtor;
- The minimum aggregate value of claims needed to commence an involuntary bankruptcy;
- The value of “luxury goods and services” deemed to be nondischargeable; and
- Where the trustee may commence certain proceedings to recover a money judgment or property.

For a chart of affected sections of the Bankruptcy Code and Title 28 showing both the current and revised dollar amounts, click here .

In addition, Official Bankruptcy Forms containing references to affected dollar amounts are amended effective April 1, 2010. The amended forms will apply to cases filed on or after that date and include:

- Official Form 1, Voluntary Petition (1 change on page 1);
- Official Form 6C, Schedule of Property Claimed as Exempt (1 change on page 1);
- Official Form
6E, Schedule of Creditors Holding Claims Entitled to Priority (1 change on page 1 and 2 changes on page 2);
- Official Form 7, Statement of Financial Affairs (1 change on page 2);
- Official Form 10, Proof of Claim (2 changes in box 5);
- Official Form 22A, Statement of Current Monthly Income and Means Test Calculation (Chapter 7) (1 change to line 38 and 4 changes to line 52); and
- Official Form 22C ,Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income (Chapter 13) (1 change to line 43).

3/26/2010

10 Most Common e-Filing Mistakes


1) Problem: A new voluntary case has been submitted in duplicate. Impact: Requires
Clerk’s Office staff to monitor both cases to ensure appropriate follow-up and handling of
the duplicate case. Filing party will have to file a noticed motion to dismiss the duplicate
case. Solution: To avoid the filing of a duplicate petition, check the e-Filing History to
confirm if the case has been previously submitted before attempting to resubmit the
documents to the court for filing. Also, check e-mails for confirmation of filing of the
petition.

2) Problem: Statement of Social Security Number incorrectly filed as part of the petition.
Impact: Requires Clerk’s Office staff to print the petition and scan it without the Statement
of Social Security Number. The Statement of Social Security Number must also be
scanned as a separate document. Solution: Do not include the Statement of Social
Security Number in the same PDF file as the petition. Submit in a separate PDF file that
contains no other documents.

3) Problem: The Voluntary Petition is in the middle of a new voluntary case. Impact:
Requires Clerk’s Office staff to print and scan the petition with the Voluntary Petition on top.
Solution: Review the document prior to submission to assure the Voluntary Petition is the
first document in the file.

4) Problem: Creditor matrix incorrectly filed as part of the petition when it should be filed as
a separate document. Impact: Requires Clerk’s Office staff to print the petition and scan
it without the creditor matrix. The creditor matrix must also be scanned as a separate
document. Creditors must then be read by optical character recognition (OCR). Solution:
Do not include the creditor matrix in the same PDF file as the petition. Submit it as a text
file that contains no other documents. Submit the verification of creditor matrix form in a
separate PDF file that contains no other documents.

5) Problem: Exhibits to a claim submitted in a separate PDF that should be part of the claim.
Impact: Clerk’s Office staff must docket the exhibits and proof of claim separately as well
as make additional entries on the case docket. Solution: Submit the claim and exhibits
together in the same PDF file.

6) Problem: Amendments to the Master Address List to add creditors include creditors
already on the case in addition to the new creditors. Impact: Unnecessary time wasted
by Clerk’s Office staff identifying duplicate creditors. Solution: Include only the new
creditors when preparing amendments that add creditors.

7) Problem: Proposed orders are e-Filed using the incorrect document type and subtype.
Impact: The court’s e-Orders and e-Signatures applications cannot be used to route and
process the proposed order. Clerk’s Office staff must print the proposed order, route it to
chambers, and scan it after it has been signed. Solution: Use a document type and
subtype appropriate for proposed orders. For the majority of proposed orders, use
document type For Judge’s or Deputy Clerk’s Signature and subtype Other Proposed
Orders
. See the e-Filing User Guide, Exhibit 3 for additional information.

8) Problem: Means Test or Schedules that accompany petitions are incorrectly e-Filed as
separate documents. Impact: Requires Clerk’s Office staff to make additional entries on
the case docket. Solution: Include the Means Test and Schedules in the same PDF file
as the petition, with the petition as the first document in the file.

9) Problem: The case number, adversary proceeding number, or docket control number
contained in the document is incorrect or missing. Impact: Requires Clerk’s Office staff
research and the editing of docket entries to include the correct case number, adversary
proceeding or docket control number. Solution: Verify case numbers, adversary
proceeding numbers, and docket control numbers on all documents prior to filing.

10) Problem: Incorrect hearing date, time, department, or judge code on notices of hearing.
Impact: Requires the preparation of documentation for file and follow-up with filing parties
by Clerk’s Office staff. Solution: Verify that the hearing date, time, department, or judge
code are correct and appropriate for the matter being heard prior to submission of the
document.
2/19/2010 e-Filing System Changes

Address and/or Phone Number Changes: e-Filers will keep the address and phone number information associated with their e-filing user accounts current by entering changes directly in the e-Filing system. Additional information concerning the enhancement is available on e-filing resource page.

Consolidated/Jointly Administered Case Validation: e-Filers are prevented from filing consolidated or jointly administered case documents using a member case number.

Automated Password Retrieval: e-Filers may retrieve their password online by clicking the "CLICK HERE TO RETRIEVE YOUR PASSWORD" link on the e-Filing website login Page and following the instructions provided.

On Febrauary 19, 2010, the new Document Type
Motion for Relief from Stay will be added to Single File Upload.  The new Document Type will include three Document SubTypes (Motion to Terminate, Annul, Modify or Condition Automatic Stay, Motion Under 11 U.S.C § 1201 or § 1301 for Relief from the Codebtor Stay, and Motion for Court Approval of an Agreement/Stipulation to Any Type of Relief from the Automatic Stay) previously included under the Document Type Other Motion/Initiating Document.  Also on February 19, 2010, the Document Type Motion to Convert Case will be modified to indicate that it includes ex parte motions.

An updated list of
Single File Upload Filing Types, and Document Subtypes is available on the e-filing resource page.  Pease direct any questions or concerns regarding the changes to the e-filing Help Desk or by phone to our toll free number 1-877-875-7823 test
1/14/2010 CHANGE IN PROCEDURE USED TO DISMISS NEW CASES FOR FAILURE TO FILE DOCUMENTS

Effective Thursday, January 21, 2010, Orders to Show Cause will no longer be issued and show cause hearings will no longer be held prior to the dismissal of new cases for failure to file documents.

Under the new procedure, a Notice of Incomplete Filing and Notice of Intent to Dismiss Case If Documents Are Not Timely Filed will be issued by the Clerk when a petition is filed without all the schedules, statements, and other documents required by Bankruptcy Code §521, §1221, and/or §1321, Federal Rules of Bankruptcy Procedure 1007, 1008, 2016, and 3015(b), and the Local Bankruptcy Rules and General Orders of this Court. The Notice of Incomplete Filing and Notice of Intent to Dismiss Case If Documents Are Not Timely Filed will indicate which documents are missing and give the debtor seven or fourteen days, as applicable, to file the documents, a motion for extension of time to file the documents, or a Notice of Hearing on the Court’s Notice of Intent to Dismiss Case supported by a statement of the issue and evidence. Other parties in interest may also file a Notice of Hearing on the Court's Notice of Intent to Dismiss Case with a supporting statement of the issue and evidence within the stated time to show cause why the case should not be dismissed. If, after the expiration of the stated time, the required documents, a motion for extension of time to file the documents, or a Notice of Hearing on the Court's Notice of Intent to Dismiss Case supported by a statement of the issue and evidence has not been filed, the case will be automatically dismissed by the Clerk without further notice or a hearing.

Questions concerning the new procedure should be directed to the Operations Coordinator or Division Manager in the appropriate divisional office.