Today is: Friday, November 24, 2017

What's New

Date 
11/20/2017 Effective December 1, 2017, the court will require that Chapter 13 Plan EDC Form 3-080 (rev. 12/1/17) is used in Chapter 13 cases. The new version of the plan is currently available on our home page. Questions can be directed to the Clerk's Office at 916-930-4400.

Please click here to view General Order 17-03.
11/17/2017 Order Adopting Attached Chapter 13 Plan as Official Local Form EDC 3-080
10/11/2017 An Open Letter to the Bar:

    As you know, the U.S. Bankruptcy Court for the Eastern District of California has recently revised its Local Rules. These revisions include sixteen substantive amendments, including new rules and updates to existing rules to reflect the real life practices in 2017. Additionally, a number of much needed, non-substantive technical edits were accomplished.

    These amendments further our Court's long-standing commitment to ensure the just, speedy, and inexpensive resolution of each case or matter brought before it. Equally significant, the process in making these amendments and enacting new Local Rules was accomplished by an inclusive process involving attorneys, para-professionals working with the attorneys, and the judges.

    The amendments and new rules are the product of the hard work and constructive interaction of our Local Rules Committee members: Lisa Holder, Patrick Kavanagh, Karen Clemans, Douglas B. Jacobs, Peter Fear, Riley Walter, David Jenkins, Michael H. Meyer, Russ Greer, Carl Collins, Don Fitzgerald, Jan Johnson, Jason Blumberg, Teri Wegemer, Wayne Blackwelder, and Beverly Collins.

    Additionally, many others have contributed to the process. Committee meetings were hosted by the Modesto Division of the Clerk's Office. Editing was undertaken by Cathy Waltz (Support Specialist, Clerk's Office, Sacramento Division) and Joseph Flack (Law Clerk, Department A, Fresno Division).

    Please join me in thanking each of these colleagues for a job well-done and generating a product that will benefit all.

Very truly yours,

Ronald H. Sargis, Chief Judge
United States Bankruptcy Court
9/26/2017 The United States Bankruptcy Court for the Eastern District of California has amended its Local Rules of Practice. Pursuant to General Order 17-02, the Local Rules will be effective as to all cases and proceedings filed or pending on or after September 26, 2017.

Attorneys practicing in our district will want to take note of new Local Rule 9018-1, Filing Under Seal. This new local rule allows attorneys who e-file in our district to electronically file documents under seal. Click here to view a short training video on filing sealed documents electronically.

Click the hyperlinks below to view the Local Rules of Practice Effective September 26, 2017 and the Redlined Version of the Local Bankruptcy Rules.

Local Rules
Redlined Local Rules
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
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