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New Local Bankruptcy Rules and Administrative Procedures, effective March 1, 2015

Wednesday, January 28, 2015

On January 28, 2015, the U.S. Bankruptcy Court adopted the final version of the Local Bankruptcy Rules (LBR) originally published for comment on September 16, 2014. In addition, the Court has also redrafted and broadened the Administrative Procedures (Admin Procedures) beyond electronic filing. The two documents work in concert with each other – some portions of the old Administrative Procedures have become Local Rules while some Local Rules have become Administrative Procedures. You can download both documents (as well as the General Order) here.

Also, here is a compare/redline version showing changes that were a result of the public comment period, the panel discussions sponsored by the Bankruptcy Forum, and input from the Local Rules Committee.

We will be publishing additional information leading up to the March 1 effective date. Next week, a newsletter will be posted with more detailed information, as well as a link to a ZIP file of Local Bankruptcy Forms that have been updated to reflect changes in the LBR or Admin Procedures. IT IS CRITICALLY IMPORTANT that the revised forms NOT be used until March 1 as CM/ECF will be updated on that date to work with the new LBR requirements.

Please look for these postings as they will contain helpful information. So far, we are preparing information regarding changes to the installment process (Admin Procedures - Section 1.10), Signature and Retention (LBR 5005-4, 5005-8 and Admin Procedures Section 1.8 and 1.11), obtaining Statements of Position from the U.S. and Chapter 13 Trustees (LBR 9034), and changes to notice and motion processes and objection periods (LBR 2002, 4001, and 9013).

You can receive news announcements by registering an E-mail address at GovDelivery. This is a non-CM/ECF service (that is, GovDelivery has nothing to do with case-related E-mails). At the top of this page, click on Subscribe to E-mail updates. Simply enter the E-mail address, press Submit, and then check the box next to U.S. Bankruptcy Court for the Southern District of California Court Updates. You also will be given options to register for additional national newsletters and updates.