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.
10/27/2015 Samples of many of the forms that will be required as of December 1, 2015 are now available on our website, along with drafts of lists of required forms by chapter and instructions for new forms. You can access these forms by clicking the Forms Changes Effective December 1, 2015 link at the bottom of our homepage at www.caeb.uscourts.gov, or by clicking here.

Please contact your Bankruptcy software provider as soon as possible to ensure that the software package that you use will be supported as of December 1.

If you have any questions regarding the forms, please contact the e-Filing Help Desk by e-mail at Efilers_Helpdesk@caeb.uscourts.gov, or by phone at 855-542-0992.
9/17/2015 The Administrative Office of the U.S. Courts has developed a series of new petition related forms, which will be adopted as of December 1, 2015. These forms are in the final stages of approval and have been re-written in plain English, and with pro se parties in mind. Forms will be posted on the Eastern District of California website as they become available.

Members of the bar are urged to contact their bankruptcy forms software providers as soon as possible to ensure that they will have access to the new forms when they are adopted in December.

Click here to preview the new forms.
9/16/2015 René Lastreto II Named Judge of U.S. Bankruptcy Court for Eastern California

Chief Judge Sidney R. Thomas of the United States Court of Appeals for the Ninth Circuit announced the appointment of attorney René Lastreto, II, as a judge of the U.S. Bankruptcy Court for the Eastern District of California. Mr. Lastreto, who will maintain chambers in Fresno, California, received the oath of office on Monday, September 14, 2015, at 11:30 a.m. at the Robert E. Coyle U.S. Courthouse there. A formal investiture is tentatively scheduled in December.
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 Bankruptcy Court for the Eastern District of California, 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
2/17/2015 On Wednesday, February 18, 2015, the U.S. Bankruptcy Court for the Eastern District of California will launch a redesigned Electronic Filing section. The location of the section remains the same, however it has been condensed to just 3 pages/links. When any of the 3 links are clicked, the filer is directed to a web page that is streamlined, organized and more informative for eFilers. Additionally, an appropriate description of each page/link has been added for further clarification.

The court's main eFiling website, eCalWebFiling can be found under the eFiling link.

Questions concerning this change should be directed to the help desk at 855-542-0992.
2/10/2015 February 2015 Newsletter
2/9/2015 Change in the Official Record of Court Proceedings and Ordering Transcripts

Effective March 1, 2015 in Sacramento - Department B (All other departments are keeping their current procedures.)

Effective April 1, 2015 in Fresno – Departments A and B

Digital audio recording will be used instead of court reporters for all hearings, including trials and evidentiary hearings. 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 contact the referenced agency. For hearings using digital audio recording as the official record, select from any of the agencies listed on the Transcription Services page.

Questions concerning this change should be directed to the help desk at 855-542-0992.