These archived announcements cover 2000 to 2004.

CHANGES - April 22, 2004

Changes to the Chapter 13 Trustees Recommended Plan form

On April 22, 2004, the Chapter 13 Trustees released a revised Chapter 13 Plan recommended form.

CHANGES - March 24, 2004

Automatic Adjustment of Certain Dollar Amounts in the Bankruptcy Code

On April 1, 2004, automatic adjustments to the dollar amounts stated in various provisions
of the Bankruptcy Code, Title 11,U.S.C., will become effective. These amended dollar amounts
will apply to cases filed on or after April 1, 2004.

CHANGES - November 24, 2003

PRIVACY RULES TAKE EFFECT DECEMBER 1, 2003

The Court has entered General Order 168 to assist in the implementation of the Judicial Conference's Privacy Policy and the December 1 changes to the Federal Rules of Bankruptcy Procedure. The details of these changes are outlined below. All local forms have been updated to reflect the changed requirements and Form CSD 1800 has been updated with procedures for electronically filed petitions (and new procedures for e-filing orders).

At its September 2002 session, the Judicial Conference approved amendments to the Federal Rules of Bankruptcy Procedure and the Official Bankruptcy Forms that implement the Conference policy on privacy and public access to electronic case files. Barring Congressional action, these amendments will take effect December 1, 2003.

The amendments are consistent with the Judicial Conference’s September 2001 policy statement regarding documents in bankruptcy cases. That policy states that such documents generally should be available electronically with the proviso that the Bankruptcy Code and Rules should be amended as necessary to allow the court to collect a debtor’s full Social Security number but display only the last four digits. Additional information regarding the new privacy requirements is available on the Judiciary’s website at http://www.uscourts.gov/rules/newrules6.html and then select "Amendments Submitted to the Judicial Conference (Sept. 2002)".

Key amendment changes include the following:

* The petition will contain only the last four digits of individual debtor’s Social Security numbers.

* Debtors are required to submit a verified Statement of Social Security Number (Form B21) containing the full nine-digit number. If the Social Security number information is submitted electronically when the bankruptcy case is filed, the attorney must submit by mail the signed Form B21 with the Declaration of Electronic Filing at the time the case is filed electronically.

* The new Statement of Social Security Number will not be filed in the case or become part of the case file available to the public at the court or over the Internet.

* The debtor’s full Social Security number will be included in the copy of the Section 341 Meeting of Creditors Notice which is sent to creditors, the debtor, the trustee, and the United States trustee or bankruptcy administrator. The copy of the Section 341 Notice included in the court case file, however, will contain only the last four digits of the Social Security number.

* The Proof of Claim will require a wage creditor to disclose only the last four digits of the creditor’s Social Security number.

* All court forms will be amended to include only the last four digits of any debtor’s Social Security number. Accordingly, subsequent notices (after the Section 341 Notice) will either include the last four digits or no number.

* Filers - not the clerk - are responsible for redacting Social Security numbers and other personal identifiers, such as dates of birth, financial account numbers, and names of minor children in documents they file with the court.

To the extent possible, attorneys and parties should use the current versions of the Official Bankruptcy Forms — including the Voluntary Petition, Involuntary Petition, Schedules, Statement of Financial Affairs, and Proof of Claim - through November 30, 2003 and the revised forms on and after December 1, 2003, as required by the Bankruptcy Rules. Not all attorneys, however, may obtain and install petition preparation software upgrades or obtain revised paper forms by the December 1 effective date.

Updated CSD forms are available on the court’s website for downloading as of today.

CHANGES - October 16, 2003

Changes to Fee Schedule effective November 1, 2003

At its September 2003 session, the Judicial Conference approved changes to the miscellaneous fee schedule for the bankruptcy courts, promulgated under 28 U.S.C. §§ 1930. All changes to the fee schedule discussed will become effective November 1, 2003. The change will take effect at midnight on October 31, so filers should plan accordingly.

CHANGES - June 16, 2003

Leap Wireless Claims Register available

Access to the claims register is now available for Leap Wireless International, Inc. and Cricket Communications, Inc. Case #03-3470-LA at http://www.pddocs.com/BK/USERLIST.ASP?courtid=court14

CHANGES - June 16, 2003

CM/ECF Reloaded:  The Future is Now - Again

Attorneys and their staff are invited to join San Diego Bankruptcy Court judges and other participants in the bankruptcy process for an educational program and share-fest on July 21st from 8 a.m. -12 p.m. at the Bar Center, 1333 Seventh Avenue, San Diego. CLE credits will be offered.

The court will demonstrate upcoming enhancements to the electronic filing system (CM/ECF). You will have many opportunities to offer your ideas on how to improve CM/ECF from the attorney/law office perspective.

Participants can choose from a variety of breakout sessions which will repeat so that participants can attend more than one session. Sessions to choose from include offering input on the Local Rule impacted by electronic filing, learning tips and tricks of using CM/ECF more efficiently, swapping ideas amongst other attorney offices on best practices of filing electronically, and a training session on CM/ECF for new users leading to certification for filing.

More details will be coming soon in the June edition of the Bar Report and the July edition of the Bankruptcy Confidential newsletter!
 

CHANGES - May 15, 2003

Form Update effective May 15, 2003

A complete list of Local Rule forms with changes noted and issued dates is provided in Significant Changes to Appendix C.  Use this list to determine whether the forms you maintain in your office are the most current version. To download revised forms only, click here.

SET 1: CSD 1008, VERIFICATION OF CREDITOR MATRIX, has been abrogated. Verification language has been added to existing forms where needed.  Should there be no post-petition creditors affected by the conversion of a case, a "negative" declaration will be required. The declaration may be submitted in pleading format; no court form is being developed.

SPECIAL REQUIREMENTS FOR MAILING ADDRESSES	CSD 1007
REQUEST FOR WAIVER OF DISKETTE REQUIREMENT	CSD 1010
BALANCE OF SCHEDULES &/OR CHPT 13 PLAN	CSD 1099
AMENDMENT	CSD 1100
NOTICE OF CONVERSION (13 TO 7) BY DEBTOR	CSD 1129

SET 2: Declarations required by Local Bankruptcy Rule 4001 must now be filed as a separate docment (or pdf file) from the motion or opposition they support.  CM/ECF filers may file using the "attachment" feature.  Each declaration must comply with Local Bankruptcy Rule 9004-4, CAPTION AND TITLE OF PAPERS FILED.  The following forms have been revised accordingly.

MOTION FOR RELIEF FROM STAY - REAL & PERSONAL PROPERTY	CSD 1160
OPPOSITION TO R/S MTN - REAL & PERSONAL PROPERTY	CSD 1161
ORDER ON NONCONTESTED R/S MTN - REAL & PERS PROPERTY	CSD 1162
MOTION FOR RELIEF FROM STAY (UNLAWFUL DETAINER)	CSD 1163
ORDER ON NONCONTESTED R/S MTN (UNLAWFUL DETAINER)	CSD 1165
NOTICE OF FILING OF MOTION FOR RELIEF FROM STAY	CSD 1185
REQUEST FOR HEARING RE: RS MOTION	CSD 1186

SET 3: Order templates as fillable PDFs have been modified specifically to reduce errors which cause many orders to be returned for correction. When using a fillable, the case name and number will automatically spread to the second page. The title field has been expanded for all templates and CSD 1182.

ORDER TEMPLATE FOR CASES	CSD 1001
ORDER TEMPLATE FOR R/S MOTIONS	CSD 1002
ORDER TEMPLATE FOR ADVERSARIES	CSD 1162
NOTICE OF MOTION FOR (DESCRIPTION)	CSD 1182

SET 4: These forms have been modified for a variety of reasons; primarily, modifications of internal procedures or to clarify required information. See Significant Changes to Appendix C for specifics.

ADMINISTRATIVE PROCEDURES RE: ELECTRONIC CASE FILING	CSD 1800
APPLICATION TO PAY FILING FEES IN INSTALLMENTS	CSD 1006
NOTICE OF HEARING RE: OBJECTION TO CH13 PLAN	CSD 1173
CERTIFICATE OF COMPLIANCE RE: EARLY CONFERENCE	CSD 3018
REQUEST TO ENTER DEFAULT	CSD 3030

CHANGES - March 26, 2003

GENERAL ORDER 167 IMPLEMENTATION - Chapter 11 Guidelines

The Court has completed work on the Guidelines for Chapter 11 cases and issues them as Appendix D to its Local Rules. These guidelines were modified based upon comments received from the Bar and the Local Rules Review Committee.

CHANGES - March 19, 2003

NEW PROCEDURE AND REVISED FORM FOR PAYING FILING FEES IN INSTALLMENTS - Effective April 1, 2003

In conjunction with the April 1, 2003 release of Version 2 for CM/ECF, we have updated the procedure for filing cases with installment payments. There no longer will be a hearing required for dismissal of a case in the event that the second and final payment is not made. If the final payment is not made by the due date, the court will prepare an order of dismissal. In addition to the new procedures (see the online attorney manual) use revised form CSD 1006 (Application to Pay Filing Fees in Installments) which replaces CSD1805.

CHANGES - August 2, 2002

NEW GUIDELINES FOR CHAPTER 11 CASES - General Order 167

Upon recommendation of the Chapter 11 Local Rules Review Committee, the Court proposes guidelines App. D 1-5 to better serve the public and the bar in the processing of first day motions, motions to use cash collateral or to obtain credit, sales of substantially all assets of a Chapter 11 debtor without a Chapter 11 plan, administration of prepackaged Chapter 11 cases, and interim compensation of professionals in Chapter 11 cases.

Comments on these guidelines will be accepted by the Court until September 2, 2002. Upon competition of the comment period, final guidelines will be published. Any comments should be submitted to the Clerk of Court at 325 West F Street, San Diego, CA 92101-6991. Please note on the envelope:  "In re: CHAPTER 11 GUIDELINES."

CHANGES - May 30, 2002

NEW CHAPTER 13 FEE GUIDELINES

From the U.S. Trustee: The San Diego Office of the United States Trustee has issued new Chapter 13 Fee Guidelines, including Rights and Responsibilities of Chapter 13 Debtors and their Attorneys.  These Guidelines and the attendant Rights and Responsibilities documents, for Business cases (PDF file WPD file) or Consumer cases (PDF File WPD file), will go into effect for all cases filed after May 31, 2002. These guidelines are the product of many months of discussion and reworking among the bankruptcy bar and the OUST, and have been approved for issuance. Questions concerning these Guidelines may be directed to Pat Boyl, Assistant U.S. Trustee.

FILING THE RIGHTS AND RESPONSIBILITIES

We tried to make it easy to file the new Rights and Responsibilities document. We did not want to add a docketing step for electronic filers or increase the number of files required on the computer diskette for counter filings.  Simply convert your Rights and Responsibilities form to a PDF file and file it with the CSD 1009 DISCLOSURE OF COMPENSATION OF ATTY FOR DEBTOR as part of the Petition PDF package. Copies of the new form will be provided to petition software vendors that incorporate local forms into their software.

CHAPTER 13 CLAIMS AVAILABLE THROUGH PACER

You may not have noticed but on May 1st the Clerk's Office began to docket and image all Chapter 13 claims, making them available online to PACER Users and in the File Review area of the Weinberger Courthouse.  Remember to file your original claim with the Clerk's Office and serve a copy to the Trustee assigned to the case.  Also, why not take this opportunity to file claims electronically.  For information contact Elaine Grover at (619) 557-7405 or e-mail her at elaine_grover@casb.uscourts.gov.

CHAPTER 13 MEETING OF CREDITORS NOTICES

Beginning June 1, 2002, we will begin noticing the Chapter 13, 341 Meeting of Creditors from the Clerk's Office. The notice will be generated the day the case is filed using the time assignment process provided by the Chapter 13 trustees. We also will be serving the entire Chapter 13 plan instead of the Summary previously included by the trustees. To ensure that the Plan includes all information previously contained in the Summary, the Chapter 13 Trustees ask that Debtor's Attorneys include this "Valuation Attachment" page with the Chapter 13 Plan when appropriate.

ACROBAT FILES AND FONTS

One-Time Software Change Required

With the planned changes to the noticing process using your filed Chapter 13 plans for service, it has become even more important that PDF documents are filed either with "supported fonts" (See http://www.pdfzone.com/resources/tips/tip0045.html ) or with the fonts "embedded" with the file.  Embedding fonts is A ONE-TIME SETTING. Here are simple instructions for setting your Acrobat product to embed the fonts. It is critical that your Chapter 13 Plans are formatted in a way that allows the BNC to notice it without error. Any errors in the Chapter 13 Plan format will delay the noticing three to four days.

GENERAL ORDER 166 GOES INTO EFFECT JUNE 6, 2002

The proposed changes to Bankruptcy Local Rules 4001-2 and 4001-5 (see announcement below) will take effect as published in General Order 166. Revised Local Rules will be posted shortly.

CHANGES - April 5, 2002

NOTICE OF AMENDED LOCAL RULES - AS LISTED BELOW:

Please note that the period of comment shall be now until MAY 6, 2002. The effective date of these Local Rules will be JUNE 6, 2002. Any comments should be submitted to the Clerk of Court at 325 West "F" Street, San Diego, CA 92101-6991. Please note on the envelope: "In re: LOCAL RULES."

BANKRUPTCY GENERAL ORDER #166:
AMENDMENT OF LOCAL BANKRUPTCY RULES 4001-2 AND 4001-5

4001-2.  A motion for stay relief shall substantially conform to Local Forms CSD 1160, MOTION FOR RELIEF FROM AUTOMATIC STAY (REALPROPERTY OR PERSONAL PROPERTY), or CSD 1163, MOTION FOR RELIEF FROM AUTOMATIC STAY (UNLAWFUL DETAINER)

4001-5. CONTENT OF ORDER.  (a) NONCONTESTED MOTION. If no objection to the motion for stay relief is timely filed and served, the moving party may submit to the court an appropriate order which substantially conforms to Local Forms CSD 1162, ORDER ON NONCONTESTED MOTION FOR RELIEF FROM AUTOMATIC STAY (REAL PROPERTY OR PERSONAL PROPERTY), or CSD 1165, ORDER ON NONCONTESTED MOTION FOR RELIEF FROM AUTOMATIC STAY (UNLAWFUL DETAINER). The order shall have attached thereto as Exhibit "A" a file-stamped copy of the notice with proof of service required by Local Bankruptcy Rule 4001-2(c)

Court Closed April 1, 2002

The U.S. District Court - Southern District of California and the U.S. Bankruptcy Court - Southern District of California will be observing the state holiday honoring Cesar Chavez. The official observance of Cesar Chavez Day falls on March 31, a Sunday, so the court and clerk's office will be closed on Monday, April 1.

The Office of the U.S. Trustee will be open and all meetings of creditors will be held as scheduled.

CHANGES - FEBRUARY 1, 2002

Rules Changes Go Into Effect March 1, 2002

The Court has issued amended General Order 165 implementing the rule changes published in November of 2001. The General Order amendments are in response to public comments the court received. All of the forms required by these rules can be obtained from links below or on the forms page located at the "Front Counter" of our website. Specific instructions for the PDF petition files will be posted here next week.

These rule changes are designed to improve case processing and update the Local Bankruptcy Rules to conform to changes in the Federal Rules of Bankruptcy procedure; specifically:

           (1.)   Modification to Local Bankruptcy Rules 1007-2(a)(13) and 1007-2(b): Requires a PDF file of the petition, schedules and statements to be submitted on the computer diskette with the creditors list (matrix).  This will allow the Clerk's Office to make the petition available to the court and parties in interest the same day a case is filed.  The Clerk's Office uses Adobe Acrobat PDF files to create the official court record in electronic form.  The addition of this requirement will eliminate the delay between filing and the availability of petition in the electronic record. The cost associated with creating these PDF files has been greatly reduced over the past several years.  All major petition software vendors and most word processing software have integrated the capability to create PDF files from the menu options within their software.  (Additional software may be required and the Clerk's Office will provide technical specifications.) To offset the cost of a possible one-time software purchase, the number of copies for a paper filing has been reduced to an original and two copies from the current original and three

            (2.)   Modification to Local Bankruptcy Rules 7016-2, 7016-3 and 7026-1
                   Provides a clear process for implementation of Federal Rule of Bankruptcy Procedure 7026.  Local forms (CSD 3018 and 3019) described in this rule may be accessed from links (shown here and above).

           (3.) Modification to Local Bankruptcy Rules 7041-2: Allows the court to better manage its caseload.
 

CHANGES - JANUARY 4, 2002

Fee Schedule

If an appellant is the trustee or debtor-in-possession, the $100 docket fee shall be paid only from assets of the estate, if any. Application and order forms to defer this fee are under development. The $5 filing fee may not be deferred and is due at the time the appeal is filed.

Form Update

Footnotes to all noticing forms have been revised to read:  "If you were served electronically or by mail, you have three (3) additional days to take the above-stated actions." 

Other revisions were made to increase the efficiency of the court process; for example, instructions on when trial exhibits should be submitted to the court, addition of e-mail address to Attorney Information form, computer diskette & verification of matrix information needed when filing balance of schedules and/or plan, simplification of pro se reaffirmation forms, and breakdown of fee requirement when only one of two debtors converts from a chapter 13 case to a chapter 7.

NOTICE TO ATTORNEYS
from the
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF CALIFORNIA
NOVEMBER 5, 2001

See  Bankruptcy General Order #165 for proposed rule change details.
See Proposed Forms:  Notice of Compliance re: Early Conference of Counsel (CSD 3018)
and  Notice of Pre-Trial Status Conference (CSD 3019).

The U.S. Bankruptcy Court, Southern District of California, is soliciting public comment regarding three changes to its Local Rules.

These changes are designed to improve case processing and update the Local Bankruptcy Rules to conform to changes in the Federal Rules of Bankruptcy procedure; specifically:

(1.)   Modification to Local Bankruptcy Rules 1007-2(a)(13) and 1007-2(b): Requires a PDF file of the petition, schedules and statements to be submitted on the computer diskette with the creditors list (matrix).  This will allow the Clerk's Office to make the petition available to the court and parties in interest the same day a case is filed.  The Clerk's Office uses Adobe Acrobat PDF files to create the official court record in electronic form.  The addition of this requirement will eliminate the delay between filing and the availability of petition in the electronic record.
 The cost associated with creating these PDF files has been greatly reduced over the past several years.  All major petition software vendors and most word processing software have integrated the capability to create PDF files from the menu options within their software. (Additional software may be required and the Clerk's Office will provide technical specifications.) To offset the cost of a possible one-time software purchase, the number of copies for a paper filing has been reduced to an original and two copies from the current original and three.

(2.)   Modification to Local Bankruptcy Rules 7016-2, 7016-3 and 7026-1
Provides a clear process for implementation of Federal Rule of Bankruptcy Procedure 7026. 
Local forms (CSD 3018 and 3019) described in this rule may be accessed from links (shown here and above).

(3.) Modification to Local Bankruptcy Rules 7041-2: Allows the court to better manage its caseload.

The period of comment will be now until November 30, 2001. The effective date of the rule will be March 1, 2002. Any comments should be submitted to the Clerk of Court at: 325 West "F " Street, San Diego, CA 92101-6991.  Please note on the envelope: In re: "Diskette".

Barry K. Lander, Clerk of Court

CHANGES - OCTOBER 12, 2001

Drop Box to be removed November 1, 2001

The drop box located outside the Jacob Weinberger Courthouse will be removed as part of increased security plans being carried out around federal buildings and courthouses. No other drop box will be available.  This presents an ideal opportunity to become an electronic filer. With CM/ECF, you receive nearly 24 hours a day / 7 days a week access to filing. All documents can be filed electronically from your web browser. For training information contact Elaine Grover at (619) 557-7405. The Clerk's Office will continue to accept filings at the counter from 9:00 a.m. to 4:00 p.m., Monday-Friday. Runners must be in line before 4:00 p.m. and wait for the pleading to be filed to obtain that day's filing date.

CHANGES - SEPTEMBER 14, 2001

Filing Claims?

In the Southern District of California  Bankruptcy Court you may file Chapter 7 and 11 Proofs of Claim over the Internet.

After becoming certified in our Electronic Case Files system, you will be able to to file Proofs of Claim to an existing case, add yourself as a creditor if you are not listed, and review your filing via the Claim Register report.

Interested? Let's get started!

n What hardware or software and PACER requirements do I need to file Proofs of Claim over the Internet?

n How do I become a Certified Claims Filer?

n Questions? Contact CM/ECF Pilots; they can assist you with CM/ECF questions, or access the Attorney Online Manual for procedures.