Updated Chapter 13 Forms - CSD 1177 - "Application For Compensation And Confirmation Of Chapter 13 Plan; And Order Thereon" and CSD 1178 - "Application For Confirmation Of Chapter 13 Plan; And Order Thereon"

The Chapter 13 Forms CSD1177 - "Application For Compensation And Confirmation Of Chapter 13 Plan; And Order Thereon" and CSD1178- "Application For Confirmation Of Chapter 13 Plan; And Order Thereon" have recently been updated and the latest versions of these forms are now available on the Court's forms website. The above forms have been updated to add the following statement: "By submitting this Order, the chapter 13 Trustee and the attorney for the Debtor(s) represent to the Court that payments under Debtor(s)' Plan are substantially current". Also, an edit which provides a space to enter docket entry number information has been added under Section II of the forms. Please use the latest updated versions of these forms when submitting applications for confirmation of Chapter 13 Plans and requesting approval of attorney fees (if applicable).

 

New Form - "Substitution Of Attorney And Order Thereon" - CSD 3011

Pursuant to Local Bankruptcy Rule 9010-5, the substitution of attorneys is governed by District Court Local Rule 83.3(g)(2) which states that attorney substitutions are to be approved by the court and signed by the party making the substitution, the attorney ceasing to act and the newly appointed attorney. Therefore, to facilitate the attorney substitution process and to comply with District Court Local Rule 83.3(g)(2), the court is implementing a new form and order CSD3011 - "Substitution Of Attorney And Order Thereon". The completed form is uploaded as an order through Order Upload (E-Orders) and will be entered upon court approval. The new form is now available on the court's forms website for download and use when attorney substitutions occur in bankruptcy cases and adversary proceedings filed at the court. Also, the procedures in the ECF Online Manual will be updated to reflect the order process and new form CSD 3011 - "Substitution Of Attorney And Order Thereon."

 

Chapter 7 Rights and Responsibilities

Following a public comment period, and after making revisions to the "Rights and Responsibilities of Chapter 7 Debtors and Their Attorney" in response to the comments submitted to the Court, it is ordered that General Order 180-A "Chapter 7 Rights and Responsibilities and Amendments to Local Bankruptcy Rule 9010" is effective for cases filed on or after April 1, 2013. The newly updated form "Rights and Responsibilities of Chapter 7 Debtors and Their Attorney" has been posted to the Court's forms website and is available for use by attorneys and their clients. This new form is being implemented to assure that Chapter 7 debtors and their attorneys understand their respective rights and responsibilities, through a formal statement of Rights and Responsibilities which will be required in Chapter 7 cases. The effective date for cases filed on or after April 1st, 2013, takes into consideration the need for attorneys to contact clients and obtain the required signatures on the Rights and Responsibilities form. In addition, an updated ECF document type event is available in the CM/ECF System to file the required form electronically. The "Rights and Responsibilities of Debtors and their Attorney" document event is located under Miscellaneous Documents in the Bankruptcy category. The ECF Online Manual has been updated to include this process for filing the Rights and Responsibilities of Debtors and their Attorney. This new Chapter 7 form will be implemented through amended Local Bankruptcy Rule 9010. The amended Local Bankruptcy Rules will be posted to the Court's website prior to April 1st, 2013. For quick reference, the Local Bankruptcy Rules will be amended as follows below.

 

Hearing Information on Documents Pertaining to Upcoming Hearings

There is a growing concern regarding documents filed in our Bankruptcy Court pertaining to upcoming hearings that do not include the required hearing information. This is a reminder that hearing documents must comply with paragraph 4 of our Local Rule 9004-4, regarding Caption and Title of Papers Filed, which states that "the date, time and name of the judge, if the paper (other than a notice of hearing) is to be considered at a future hearing, shall be inserted two (2) lines below the case number, adversary proceeding number, or "RS" number." This local rule also applies to notices pertaining to matters being taken off calendar.

An example of the proper format is shown below:



Notification of Courtroom Deputy and Parties of Interest of Matters to be Taken Off Calendar

This is a reminder, pursuant to Local Rule 9014-7, that when matters or proceedings calendered for hearing have been settled by stipulation, withdrawn or dismissed, it is the duty of the attorney for the moving party to promptly advise the judge's courtroom deputy by telephone that the matter has been taken off calendar, as well as notifying the parties of interest that the matter has been taken off calendar.

When filing the Notice and Taking Matters Off Calendar, which has been served on the parties of interest, select the document event "Taking Matter Off Calendar (Notice)," as shown below.



Pursuant to paragraph 4 of our Local Rule 9004-4, regarding Caption and Title of Papers Filed, this notice must include the date, time and name of the judge, as discussed in the above article.


Chapter 13 Lien Strip Calendar Update

Until further notice - The Chapter 13 lien strip motion calendar will now be handled by Judge Bowie in Department Four. If you need to obtain a hearing date for a Chapter 13 lien strip motion, please contact the Courtroom Deputy Clerk for Department Four no matter which Judge is assigned the Bankruptcy case.


Filing Fee Changes on November 21, 2012

As of November 21, 2012, the filing fee for a Chapter 9, 11 or 15 case increased from $1,046.00 to $1,213.00. Please consult the fee schedule for any other new fee changes.

 

New CM/ECF Version 5.1

The Court will be implementing the latest version of CM/ECF Version 5.1 over the weekend of April 13 and 14, 2013 (starting Friday evening, April 12th). During the installation of the new version 5.1, the CM/ECF system will be unavailable on Friday, April 12, 2013 starting at approximately 7:00 p.m. It is anticipated that the CM/ECF System will be up and running again on Sunday. April 14, 2013 by 1:00 p.m. Version 5.1 of CM/ECF includes the new May 1st fee for filing an Assignment/Transfer of Claim. A new feature in CM/ECF Version 5.1 will allow for the electronic collection of the new $25.00 filing fee for each Assignment/Transfer of Claim.

 

Forms Update

On October 1st, the CSD Forms on the attached list were updated, including a few form updates to reflect newly appointed Judge Latham. Please ensure that your office has the latest version of our CSD Forms, which can be downloaded from our court's website under the forms menu.

 

Updating Your E-Mail Information

For attorneys who have an ECF login and password to electronically file in our court, it is important to keep their e-mail addresses updated. This also applies to staff members who are listed as the primary or secondary email addressee. Instructions for updating e-mail addresses can be accessed through our ECF Online Manual by clicking on Your E-Mail Address, which is located on the Manual's homepage under the FAQ's column, as shown below.

 

Updating Your Mailing Address and Telephone Information

Attorneys are also required to keep their address and telephone number updated as well. Instructions for updating this information can be accessed through our ECF Online Manual by clicking on How to Update Your ECF Account or Address, which is located on the Manual's homepage under the FAQ's column, as shown above.

 

© Spring, 2013 USBC Southern District of California

 

 

Inside This Issue

Updated Chapter 13 Forms - CSD 1177 and CSD 1178

 

New Form - "Substitution Of Attorney And Order Thereon" - CSD 3011

 

Chapter 7 Rights and Responsibilities

 

Hearing Information on Documents

Notification of Matters to be Taken Off Calendar


Chapter 13 Lien Strip Calendar Update


Filing Fee Changes


New CM/ECF Version 5.1

 

Forms Update

Updating Your E-Mail Information

 

Updating Your Mailing Address and Telephone Information


 

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