2008 Archived Announcements
New and amended Federal Rules of Bankruptcy Procedure took effect on December 1, 2008. The 2008 Rules Amendments supersede the 2005 Interim Rules. On December 16, 2008 the Court entered amended General Order 169a, hereby vacating the 2005 Interim Rules (with the exception of Interim Rule 5012, which shall remain in effect until such time as Interim Rule 5012 is replaced by a permanent national rule).
The Court and the Chapter 13 trustees have been working to improve the processing of Chapter 13 Confirmation Orders. Two new template orders have been created, and Chapter 13 confirmation orders can now be uploaded for electronic review by the trustees and processing by the Clerk's Office and the Court. Both trustees and the Court expect that these orders will be filed electronically by authorized CM/ECF users to ensure efficient processing of the orders.
The new Chapter 13 Confirmation Order Forms, CSD 1177 and CSD 1178, have been posted on the Forms page (click on Front Counter > Get the latest forms). Form CSD 1177, titled Application for Compensation and Confirmation of Chapter 13 Plan and Order Thereon, is the form in which the attorney requests approval of fees at the presumptive fee level as noted in the Court's "Guidelines Regarding Chapter 13 Attorney Fees." Form CSD 1178, titled Application for Confirmation of Chapter 13 Plan and Order Thereon, is the form in which the attorney will later submit a fee application (i.e., no later than 28 days from the date of entry of the order).
These two forms can be filed electronically in CM/ECF under the Bankruptcy menu option (Order Upload > Upload Single; for order type, select Chapter 13 Plan Confirmation Order). Electronic filing instructions are available in the Court's online CM/ECF Manual. For questions regarding electronically filing these orders, please contact the Training Department at (619) 557-7535.
CM/ECF Version 3.2 has some changes in the case-opening process, so you'll want to check with your petition vendor to ensure that your current software is compatible. New menu and navigational features will make it easier to find what you're looking for. For more information on the changes, visit our Web site's CM/ECF page:
Videos that demonstrate the new features will be loaded shortly on the Web site.
On August 4, 2008, the Administrative Office of the United States Courts was notified by the bankruptcy clerk in Utah of a fraudulent scheme that might be affecting victims throughout the country. We are alerting you to be on the lookout for activity possibly related to this scheme.
CM/ECF and the Court's Web site will be down this weekend from 6:00 a.m. Saturday, August 16 through 6:00 p.m. Sunday, August 17.
Pursuant to amended General Order 168-A, a new document type is now available in the CM/ECF system at the U.S. Bankruptcy Court - Southern District of California. The new document type is the “Restrict Public Access to Proof of Claim” and is located in the CM/ECF Bankruptcy menu option (Motions/Applications). Should a proof of claim be filed containing personal identifying information that is not in compliance with Fed. R. Bankr. P. 9037, a party interest may request that the Clerk's Office restrict general public access to the proof of claim and attachments and notice the claimant to file an amended proof of claim and attachments with the redacted information. Also, a written request can be made to the Clerk's Office for non-CM/ECF users. Please note that the Clerk's Office delegation of authority regarding restricting public access is limited to proofs of claim and attachments. All other requests to restrict public access shall be made by motion consistent with Fed. R. Bankr. P. 9037.
B 21 — Statement of Social Security Number
Commencing on May 1, 2008, the U.S. Bankruptcy Court for the Southern District of California will require Form B 21 — Statement of Social Security Number to be filed at the time the Petition is filed. (See Federal Rules of Bankruptcy Procedure 1007 (f).) After May 1, Case Upload will not allow you to file a case without the B 21. (You also can open the case without Case Upload by entering the case-opening information the “long way”.)
To facilitate this change, the B 21 may be filed electronically with an s/ signature. The CSD 1800 — Administrative Procedures for Filings, Signing and Verifying Pleadings and Papers by Electronic Means has been modified to reflect this change. All petition software vendors seem to support the s/ signature for the B 21, so we set the May 1 date to allow you to “tweak” your software settings. New case filings without the B 21 will be set for dismissal, but that should not be necessary. May 1 is the deadline but the system is now set to accept these, so don't wait for the deadline to file your B 21s with the Petition!
CSD 1801 — Declaration Re: Electronic Filing of Petition, Schedules, & Statements
A new version of the CSD 1801, which better reflects the attorney signature block on the current B1 Petition, also has been issued. Original signatures still are required for these, and to AVOID DISMISSAL electronic filers should scan the CSD 1801 and file them at the time you open the case. We are now issuing formal 15-day deficiency notices when the CSD 1801 is not there at time of filing.
The Court has completed work on revising the Chapter 13 Attorney Fee Guidelines & Rights and Responsibilities of Chapter 13 Debtors and Attorneys for Consumer and for Business Cases. The final versions approved by the Court are accessible by clicking on the hyperlinks.
San Diego bankruptcy attorney Laura S. Taylor has been officially “sworn-in” and is now a bankruptcy judge for the United States Bankruptcy Court for the Southern District of California. Judge Taylor succeeds Judge John J. Hargrove who retired on January 4, 2008 after approximately 22 years of service. Prior to joining the bankruptcy court, Judge Taylor was the administrative partner of the San Diego office of Sheppard, Mullin, Richter & Hampton LLP where she practiced in the banking and finance practice group. She has primarily represented secured creditors, but also has represented Chapter 11 debtors and senior secured lenders in a large Chapter 11 case. She specialized in commercial and bankruptcy law with an emphasis on the representation of lenders holding real or personal property, agricultural lenders, and creditors' committees. She managed 32 lawyers, legal assistants, and support personnel and also served on the firm's recruiting and diversity committee.
A native of Jamestown, North Carolina, Judge Taylor received her B.A. in English and political science in 1979, graduating Phi Beta Kappa from the University of North Carolina at Chapel Hill. She received her J.D. in 1983 from Duke University.
Judge Taylor will maintain her chambers and courtroom in Department 3 in the Jacob Weinberger U.S. Courthouse. She will begin her bankruptcy judge duties and receive case assignments on Friday, January 11, 2008. Judge Taylor will also assume Judge Hargrove's pending caseload, with the exception of cases in which she has appeared before Judge Hargrove.
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