Today is: Wednesday, September 2, 2015

What's New

Date 
8/31/2015 Debtors Will Soon Be Able to Receive Electronic Notices through the BNC

Beginning in September,  debtors —whether pro se or represented by an attorney—will be able to receive e-mail notification of court generated Notices and Orders sent through the Bankruptcy Noticing Center (BNC). Since notices and orders are e-mailed to debtors the same day they are filed with the court, this will be particularly helpful to debtors who live in remote areas, where mail delivery might take longer than it does in urban areas.

In order to request this service, each debtor will need to file Debtor's Electronic Noticing Request form (EDC 3-321) with the court that includes a valid e-mail address.

This is a free service, and does NOT require a PACER account. Additionally, if the debtor decides that it does not meet his or her needs, he or she can deactivate it any time.
8/18/2015 The Judicial Conference Advisory Committees on Bankruptcy and Evidence Rules have proposed amendments to their respective rules, and requested that the proposals be circulated to the bench, bar, and public for comment. The proposed amendments, Rules Committee reports explaining the proposed changes, and other information are posted on the Judiciary’s website. The public comment period ends February 16, 2016.
8/12/2015 The Eastern District Conference, as of August 12, 2015 , has revised its Guidelines for the Preparation of Documents. Click here to view.
7/17/2015 July 2015 Newsletter
5/29/2015 Change in the Official Record of Court Proceedings and Ordering Transcripts

Effective June 1, 2015 Sacramento Department A, digital audio recording will be used instead of court reporters for all hearings, including trials and evidentiary hearings heard before Judge McManus. These recordings will be the official record of courtroom proceedings and will be used by transcription agencies when producing transcripts. To order a hearing transcript, please go to the Court’s website and click on the Hearing Transcript link under the Calendar/Transcripts section. Find the location, judge, and date of the hearing, and then select a transcription agency from the list on the Transcription Services page.

Questions concerning this change should be directed to the help desk at 855-542-0992.
5/28/2015 Effective June 3, 2015, Department A in Fresno will post its pre-hearing dispositions by calendar, rather than en masse.

It has been the custom of Department A to post each hearing day’s pre-hearing dispositions as a whole. A single court day’s posting often includes Chapter 7 cases, Chapter 7 adversary proceedings, Chapter 11 cases and Chapter 11 adversary proceedings. Uploading pre-hearing dispositions in this fashion requires parties and attorneys whose matters appear later in the day, e.g., Chapter 11 calendar, to wade through earlier calendars, e.g., Chapter 7 cases and adversary proceedings, to check their matter.

Moving forward, Department A will post a separate pre-hearing calendar for each calendar: (1) chapter 7 cases; (2) adversary proceedings (chapter 7); (3) chapter 11 cases; (4) adversary proceedings (chapter 11); (5) Chapter 13 & 12 cases; and (6) adversary proceedings (chapters 13 & 12). No pre-hearing dispositions will be posted for reaffirmation agreements.
5/27/2015 Amendments to Local Rules Effective May 1, 2015

The United States Bankruptcy Court for the Eastern District of California has amended its Local Rules of Practice. Pursuant to General Order 15-01, the Local Rules will be effective as to all cases and proceedings filed or pending on or after May 1, 2015.

Click the hyperlinks below to view the Local Rules of Practice Effective May 1, 2015 and the Redlined Version of the Local Bankruptcy Rules.

Local Rules of Practice Effective May 1, 2015

Redlined Version of the Local Bankruptcy Rules
5/7/2015 Order Adopting Changes To Local Rules of Practice
4/30/2015 Starting with the July 1, 2015, calendar, Department A in Fresno will operate under new procedures for the self-set calendar. Those instructions are posted under the “Self-Set Calendars and Procedures” link of the “Calendar/Transcript” portion on the right side of the website.

Two changes are of particular import. First, Fresno and Bakersfield cases will enjoy full reciprocity. Without regard to the county of origin of the case and without court order, at the option of the moving party, all matters may be set in either Fresno or Bakersfield. For example, in the past, law and motion matters for cases originating in Kern County were conducted in Bakersfield. Under the new instructions for the self-set calendar, law and motion matters for a Kern County case may be noticed for hearing in Bakersfield or in Fresno. Similarly, motions for cases for which Fresno hearings were historically required may be noticed for hearing in Fresno or in Bakersfield. Attorneys are expected to extend opposing counsel and parties appropriate professional courtesies in setting or changing the location of hearings, particularly where a distant venue would be a hardship or inconvenience to the respondent.

Second, Department A will no longer honor the custom of allowing Expedited Bankruptcy Abuse Prevention and Consumer Protection Act Hearings, e.g. 11 U.S.C. § 362(c)(3) (motions to extend the stay), on 7 days notice. Absent an order shortening time, all motions must be set consistent with 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).
3/13/2015 The Local Rules Advisory Committee has proposed various changes to the Local Rules that are now available for public comment. The Court does not necessarily endorse these proposed changes and will not adopt any changes until after receiving all public comments. In accordance with 28 U.S.C. § 2071(b), these proposed amendments are now available on the Court's website .

Persons wishing to comment on these proposed amendments to the Local Rules may submit their written comments or recommendations to one of the addresses listed below. To be considered, comments must be received not later than the close of business on Friday, April 17, 2015. Comments may be sent in letter form to:

Clerk of Court U.S. Bankruptcy Court
Robert T. Matsui U.S. Courthouse
501 I Street, Suite 3200
Sacramento, CA 958142322


Comments may also be sent via email to: localrules@caeb.uscourts.gov. Subject line: Comments to Proposed Local Rule Changes
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