Today is: Saturday, September 23, 2017

What's New

8/7/2017 For the courtrooms of Judges Clement and Lastreto, only.

Each matter on this calendar will have one of three possible designations: No Ruling, Tentative Ruling, or Final Ruling. These instructions apply to those designations.

No Ruling: All parties will need to appear at the hearing unless otherwise ordered.

Tentative Ruling: If a matter has been designated as a tentative ruling it will be called. The court may continue the hearing on the matter, set a briefing schedule or enter other orders appropriate for efficient and proper resolution of the matter. The original moving or objecting party shall give notice of the continued hearing date and the deadlines. The minutes of the hearing will be the court’s findings and conclusions.

Final Ruling: Unless otherwise ordered, there will be no hearing on these matters. The final disposition of the matter is set forth in the ruling and it will appear in the minutes. The final ruling may or may not finally adjudicate the matter. If it is finally adjudicated, the minutes constitute the court’s findings and conclusions. If the parties stipulate to continue the hearing on the matter or agree to resolve the matter in a way inconsistent with the final ruling, then the court will consider vacating the final ruling only if the moving party notifies chambers before 4:00 pm at least one business day before the hearing date: Department A-Kathy Torres (559)499-5860; Department B-Virginia Guajardo (559)499-5870. If a party has grounds to contest a final ruling because of the court’s error under FRCP 60 (a) (FRBP 9024) [“a clerical mistake (by the court) or a mistake arising from (the court’s) oversight or omission”] the party shall notify chambers (contact information above) and any other party affected by the final ruling by 4:00 pm one business day before the hearing.

Orders: Unless the court specifies in the tentative or final ruling that it will issue an order, the prevailing party shall lodge an order within 14 days of the final hearing on the matter.
8/4/2017 The Bankruptcy Court for the Eastern District of California invites public comment on proposed amendments to its form chapter 13 plan. The comment period begins August 4, 2017 and ends on September 8, 2017. Comments can be made by sending an email. The form chapter 13 plan can be found by clicking here.
7/10/2017 July 2017 Newsletter
6/29/2017 Delegation of Authority to the Clerk of the Bankruptcy Court and his Deputies
4/17/2017 The Bankruptcy Court for the Eastern District of California invites public comment on proposed amendments to its local rules. The comment period begins April 20, 2017 and ends on June 30, 2017. Click here for a copy of the proposed amendments.

Judge Clement will review and answer questions about the proposed amendments to the local rules on the following dates:

May 11, 2017 - noon Modesto Courtroom ( brown bag)
Modesto, CA
May 12, 2017 - noon Sacramento Courtroom 32 (immediately following SVBF Program)
Sacramento, CA (click here to register.)
June 7, 2017 - noon The Mexicali Restaurant
Bakersfield, California
June 8, 2017 - noon The Sailing Board on Churn Creek
Redding, California
June 15, 2017 - evening CCBA Dinner
Fresno, California
3/23/2017 March 2017 Newsletter
11/9/2016 Effective December 1, 2016, fees for filing certain documents and requesting certain court services will increase. Please click here for more information concerning this change. Additionally, any forms that make reference to fees set to increase will also be modified and made available for use on said date

Questions concerning this change should be directed to the e-Filing Help Desk at 855-542-0992.
10/27/2016 The United States Bankruptcy Court for the Eastern District of California has amended its Local Rules of Practice. Pursuant to General Order 16-05, the Local Rules will be effective as to all cases and proceedings filed or pending on or after October 21, 2016.

Click the hyperlinks below to view the Local Rules of Practice Effective October 21, 2016 and the Redlined Version of the Local Bankruptcy Rules.

Local Rules

Redlined Local Rules
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
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