12/27/2011

Extension of Temporary Exclusion From Means Testing

On December 13, 2011, the President signed the National Guard and Reservist Debt Relief Extension Act of 2011, Pub. L. No. 112-64, extending for an additional four years the temporary exclusion from the bankruptcy means test for certain Reservists and members of the National Guard.

The National Guard and Reservists Debt Relief Act of 2008, Pub. L. No. 110-438, provides the temporary exclusion for reservists and members of the National Guard called for no less than 90 days to active duty or homeland defense activity following September 11, 2001.  The amendment to Section 707(b)(2)(D) of the Bankruptcy Code became effective on December 19, 2008, and originally applied only to cases commenced in the three-year period beginning on the effective date of the Act.

At the request of the Advisory Committee on Bankruptcy Rules, Interim Rule 1007-I was transmitted to the courts for adoption as a local rule to implement the temporary exclusion, as was done with the Interim Bankruptcy Rules that implemented the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.  A copy of the Interim Rule with an updated footnote which reflects the extension of time embodied in the Act is posted on the Federal Rulemaking website at: http://www.uscourts.gov/RulesAndPolicies/FederalRulemaking/Overview/BankruptcyRules.aspx.

12/27/2011

Judicial Conference Approves Electronic Public Access Fee Increase

In September 2011, the Judicial Conference of the United States authorized an increase in the Judiciary's electronic public access (EPA) fee in response to increasing costs for maintaining and enhancing the electronic public access system.  The fee increase, from $.08 to $.10 per page, will take effect on April 1, 2012.  The change is needed to continue to support and improve the Public Access to Court Electronic Records (PACER) system, and to develop and implement the next generation of the Judiciary’s Case Management/Electronic Case Filing system.

The EPA fee has not increased since 2005.  As mandated by Congress, the EPA program is funded entirely through user fees set by the Judicial Conference.

The Conference was mindful of the impact such an increase could have on other public entities and on public users accessing the system to obtain information on a particular case.  For this reason, local, state, and federal government agencies will be exempted from the increase for three years.  Moreover, PACER users who do not accrue charges of more than $15 in a quarterly billing cycle will not be charged a fee.  (The current exemption is $10 per quarter.)  The expanded exemption means that 75 to 80 percent of all users will still pay no fees.
12/1/2011 Filing Proofs of Claim By Electronic Means Directly With The Clerk of Court
12/1/2011

INFORMATION CONCERNING ELECTRONIC PROOF OF CLAIM AVAILABLE

New information concerning the use of CM to electronically file claims as well as updated e-filing documentation is available on the Court's web site.  Use the links included below to view and/or print these documents.

New Electronic Proof of Claim Information

EDC 2-330, Electronic Proof of Claim Information

Updated e-Filing Documentation

Revised Single File Upload Filing Types, Document Types, and Document Subtypes

Revised e-Filing Batch Quick Reference

Revised Claims Upload Batch Instructions
12/1/2011 General Order 11-02, Order Adopting Revised Interim Rule 1007-1
11/28/2011 File Your Claim Online Beginning December 1, 2011

Beginning December 1, 2011, an online, fillable proof of claim form will be available to electronically file claims.  Data entered on the fillable form will be used to generate a completed B10 claim form to which supporting documents (in PDF format) may be attached.  The claim with supporting documents will be filed in the case and appear on the claims register immediately after submission.  To view the electronically generated, FILED stamped claim with supporting documents attached, merely click the court assigned claim number.

A username and password will not be required to use the fillable claim form and file your claim online.  Links to the fillable claim form will be located on the court's home page and on the e-filing web site.
10/20/2011 NOTICE OF E-FILING SYSTEM DOWNTIME

Due to the bankruptcy miscellaneous fee changes effective November 1, 2011, the court's e-Filing system will be UNAVAILABLE from 3:00 p.m. on Monday, October 31, 2011,  until approximately 7:00 a.m. on Tuesday, November 1, 2011.  During this time you will NOT be able to access the court's e-Filing web site to electronically file documents or pay fees.  PACER and the court's Internet web site, however, will be available and may be accessed to obtain calendar information, court rulings, electronic case information, imaged documents, rules, forms, and procedures.

PLEASE REMEMBER TO TAKE THIS SCHEDULED DOWNTIME INTO CONSIDERATION WHEN PLANNING YOUR OCTOBER 31ST AND NOVEMBER 1ST ELECTRONIC FILINGS.
10/14/2011 Notice Concerning Bankruptcy Court Miscellaneous Fee Schedule Increases Effective November 1, 2011
10/6/2011 Conference Approves Fee Increase

In September 2011, the Judicial Conference of the United States authorized an increase in the Judiciary's electronic public access fee in response to increasing costs for maintaining and enhancing the electronic public access system. The increase in the electronic public access (EPA) fee, from $.08 to $.10 per page, will take effect on April 1, 2012. The change is needed to continue to support and improve the Public Access to Court Electronic Records (PACER) system, and to develop and implement the next generation of the Judiciary's Case Management/Electronic Case Filing system.

The EPA fee has not been increased since 2005. As mandated by Congress, the EPA program is funded entirely through user fees set by the Conference.

The Conference was mindful of the impact such an increase could have on other public entities and on public users accessing the system to obtain information on a particular case. For this reason, local, state, and federal government agencies will be exempted from the increase for three years. Moreover, PACER users who do not accrue charges of more than $15 in a quarterly billing cycle would not be charged a fee. (The current exemption is $10 per quarter.) The expanded exemption means that 75 to 80 percent of all users will still pay no fees.
9/28/2011 Notice Concerning Access to Bankruptcy and Other Court Case Files at NARA's Pacific Region - San Francisco, Federal Records Center
9/28/2011 Proposed Amendments to the Federal Rules and Forms Published for Public Comment

Proposed amendments to six Bankruptcy Rules and four Official Forms have been posted for comment on the Federal Rulemaking page.  The deadline for submitting comments is February 15, 2012.

The bankruptcy rules committee has tentatively scheduled public hearings on the proposed amendments to Rules 1007, 3007, 5009, 9006, 9013, and 9014 and Official Forms 6C, 7, 22A, and 22C, in Washington, D.C. on January 13, 2012, and in Chicago, Illinois on February10, 2012.  Requests to testify must be submitted at least 30 days before the scheduled hearing.
9/28/2011 Court Adopts Special Order 11-01, Delegation of Authority to the Clerk of the Bankruptcy Court and his Deputies
9/26/2011 Blank Proof of Claim Forms

As part of a nationwide effort to reduce Bankruptcy Noticing Center program costs, blank Proof of Claim forms (Official Form B10) will no longer be included with the 341 meeting notices, notices of conversion, or notices to file claims sent  in Eastern District of California Bankruptcy cases beginning October 1, 2011.  Proof of Claim forms will be available on the court's web site (http://www.caeb.uscourts.gov/documents/Forms/Official/B10.pdf), the national forms web site (http://www.uscourts.gov/uscourts/RulesAndPolicies/rules/BK_Forms_Official_2010/B_010_0410.pdf), or at any Bankruptcy Clerk's Office.
9/1/2011 Order Authorizing Trustee Pay Bank Service Charges And Fees Incurred By Estate Accounts
8/15/2011 Proposed Local Bankruptcy Rules

The Eastern District of California Bankruptcy Court proposes to amend its local bankruptcy rules.  You may find a copy of those proposals here.  The proposed local rules are formatted so that the public an view highlighted changes in yellow.  Text with a line drawn through it will be deleted; text with a line drawn under it will be added.  Comments on the proposed amendments are invited and may be submitted via email to caeb_comments@caeb.uscourts.gov or in writing to: Local Rules Amendments, c/o Wayne Blackwelder, U.S. Bankruptcy Court, 501 I Street, Suite 3-200, Sacramento, CA 95814. Comments must be received by 9:00 a.m. on November 1, 2011.
7/7/2011 Chapter 13 Standing Trustee Appointed

David Cusick has been appointed by the United States Trustee to serve as a standing trustee responsible for the administration of chapter 13 bankruptcy cases filed in the Sacramento Division.  Mr. Cusick's appointment is effective August 1, 2011.  He will take over for chapter 13 standing trustee Lawrence Loheit, who is retiring.
5/19/2011 Rejected Orders

The court now has the ability, upon rejecting an order, to immediately notify the attorney who uploaded the order via email.  This email will be sent at the discretion of chambers and may contain the reason for the rejection or simply a statement that the order has been rejected.  This new enhancement of our system should provide attorneys faster response times and better feedback as they upload orders.
4/15/2011 Frequently Asked e-Filing Questions
4/1/2011 2011 Poverty Guidelines

The Poverty Guidelines, issued by the U.S. Department of Health and Human Services and used for considering applications to proceed in forma pauperis, have been updated for 2011. To view the 2011 Poverty Guidelines, CLICK HERE.
3/31/2011 Change in Sacramento Division Chapter 13 Case Judge Assignment

Sacramento Division chapter 13 cases from all counties except San Joaquin county are currently assigned to Sacramento Division Judicial Departments B and E only. However, on May 1, 2011, the process of assigning these cases will change. Sacramento Division chapter 13 cases from all counties except San Joaquin county filed on or after May 1, 2011 will be distributed between Sacramento Division Judicial Departments A, B, C, and E. The judicial assignment of Sacramento Division chapter 13 cases from San Joaquin county will not change. They will still be assigned to Sacramento Division Department D.

In addition to changing the process for assigning a judge in new Sacramento Division chapter 13 cases, some pending chapter 13 cases will be transferred from Sacramento Division Department B to Sacramento Division Department A effective May 13, 2011. A BNC notice will be sent in the transferred cases advising parties, attorneys, and creditors of the new department and case number.
3/10/2011 New Bankruptcy Pro Se Assistance Desk (Sacramento Only)
3/3/2011 Judge Holman is now issuing prehearing rulings on his 9:30 am Wednesday Adversary Status Conference calendars.
2/22/2011 Pro Se Creditor's Handbook Available

Pro Se Creditor's Handbook: Information for Persons Owed Money by an Individual or Entity that has Filed for Bankruptcy has been posted on the Sacramento Valley Bankruptcy Forum web site.  Written with assistance from the Clerk's Office Attorney Advisory Committee, the booklet contains answers to questions frequently asked of Clerk's Office staff by creditors without legal representation.

A link to the booklet has been placed on the Creditor Help page of the bankruptcy court web site.  To access the booklet, click the Creditor Help Page link listed on the bankruptcy court's Home page under Information for Creditors.  Then click the Creditor Handbook link on the Creditor Help page.