Today is: Saturday, October 1, 2016

What's New

Date 
9/26/2016

Beginning October 3, 2016, the Clerk's Office will docket audio recordings (MP3 files) of certain court hearings on PACER.  Bankruptcy judges have discretion on which audio recordings, if any, will be available on the docket.  Users may access the digital recordings through PACER for a flat rate of $2.40 per matter. Parties to a case are eligible to access the digital recording at no charge as their initial free review. The digital recording for a matter is a copy of a court proceeding and is provided as a convenience to the public. In accordance with 28 U.S.C. section 753(b) , “No transcripts of the proceedings of the court shall be considered as official except those made from the records certified by the reporter or other individual designated to produce the record.”


 
7/25/2016 July 2016 Newsletter
6/10/2016 Delegation of Authority to the Clerk of the Bankruptcy Court and his Deputies
3/25/2016 On April 1, 2016, automatic adjustments will be made to the dollar amounts stated in various provisions of the Bankruptcy Code and United States Code. The adjustments will apply to cases filed on or after April 1, 2016, and will affect, among other things, eligibility of a debtor to file under certain chapters, exemptions claimed by debtors, and the calculation of the means test and plan duration in various chapters. As a result of these adjustments, the following forms will change:
  • Official Form 106C, The Property You Claim as Exempt
  • Official Form 107, Your Statement of Financial Affairs for Individuals Filing for Bankruptcy
  • Official Form 122A-2, Chapter 7 Means Calculation
  • Official Form 122C-2, Chapter 13 Calculation of Your Disposable Monthly Income
  • Official Form 201, Voluntary Petition for Non-Individuals
  • Official Form 207, Statement of Your Financial Affairs
  • Official Form 410, Proof of Claim
  • Director’s Form 2000, Required Lists, Schedules, Statements, and fees
  • EDC Form 3-191, Certificate of Chapter 13 Debtor Regarding 11 U.S.C. §522(q) Exemptions
  • Instructions for Individual Debtors
  • Instructions for Non-Individual Debtors
The above referenced forms will be available under Forms and Publications on our website as of April 1, 2016.
3/24/2016 March 2016 Newsletter
3/9/2016 Starting with the May calendar in Bakersfield, in Department B, all motions in chapter 13 cases will be heard at 9:00 a.m., except motions in adversary proceedings.
2/11/2016 Moving parties may now set Department B matters in either Fresno or Bakersfield on the respective self-set dates and times without the necessity of obtaining a court order.  This changes the former procedure.  The court may exercise discretion to reschedule matters if it appears there is prejudice to the responding party.
1/8/2016 The United States Bankruptcy Court for the Eastern District of California has amended its Local Rules of Practice. Pursuant to General Order 16-01, the Local Rules will be effective as to all cases and proceedings filed or pending on or after January 8, 2016.

Click the hyperlinks below to view the Local Rules of Practice Effective January 8, 2016 and the Redlined Version of the Local Bankruptcy Rules.

Local Rules

Redlined Local Rules
11/12/2015 Starting with the January 2016 calendar, Department B will require motions to extend the automatic stay pursuant to the Bankruptcy Abuse Prevention and Consumer Protection Act (“BAPCPA”), 11 U.S.C. § 362(c)(3)and § 362(c)(4) (motions to extend the stay) and other motions under BAPCPA requiring an expedited hearing (e.g., §§ 362(h)(2); 362(l)(2); 362(m); 521(a)(2)(A); 521(a)(6); 521(i)(4); 727(a)(12); 1112(b)(3); 1116(3); 1228(f); 1328(h)) to conform to applicable Federal Rules of Bankruptcy Procedure and Local Bankruptcy Rules. LBR 9014-1(f)(1),(2) (28 days or 14 days notice). Orders shortening time for hearing such motions will be entertained under LBR 9014-1(f)(3), upon a showing of good cause (including due diligence).
11/10/2015 Click Here to view the newest edition of the U.S. Bankruptcy Court's Quarterly Newsletter.

Questions concerning this newsletter should be directed to the eFiling Help Desk at 855-542-0992.
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