What's New
Archived Articles

February 1, 2021

 

On February 1, 2021, the new mailing address for the Chapter 13 Trustee, David Skelton: 402 West Broadway, Suite 1450, San Diego, CA 92101, will take effect.  This new address appears on the following forms:

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December 1, 2020

On December 1, 2020, the fee changes shown in the attached redlined copy of the Appendix A (Fee Schedule), will take effect.


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October 27, 2020

Date: 10/27/2020

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October 6, 2020

Date: 10/06/2020

New and Updated Forms and Filing Procedures

Change in Document Events

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July 13, 2020

 

Updated Pro Hac Vice Application

The Pro Hac Vice Application and Order thereon (CSD 3005), including the Library Care, which is attached to CSD 3005, and Filing fee in check or money order must now be mailed directly to the District Court. Once processed, the District Court will return the application to the Bankrupty Court.

The Official Form 425A - Plan of Reorganization for Small Business Under Chapter 11

The Official Form 425A - Plan of Reorganization for Small Business Under Chapter 11, in Word format,  has been uploaded to our Court Forms List, as well as to the Chapter 11 Small Business Plan procedure.

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June 28, 2020

 

On June 28, 2020, the PACER Service Center activated their new website, which can be accessed through this link: https://pacer.uscourts.gov/.

 


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June 4, 2020

 

On June 4, 2020, Barry Lander retired as the Clerk of Court and Michael Williams was officially sworn in as the new Clerk of Court.

 

Below are the list of court forms which replace Barry Lander's name with Michael Williams' name.

 

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May 21, 2020

A new document event has been created to withdraw the Notice of Mortgage Forbearance.

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Due to the enactment of the CARES Act, creditors who enter into agreements for the temporary pause (suspension) or reduction of mortgage payments with a debtor must use this new document event to file the Notice of Mortgage Forbearance.

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The following forms have been updated in response to the enactment of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”).

For the  Voluntary Petition for Individuals Form 101 and the Voluntary Petition for Non-Individuals Form 201, the law provides a new definition of “debtor” for determining eligibility to proceed under subchapter V of chapter 11. Line 13 on the form 101 and line 8 on the form 201 are amended to reflect this change. This amendment to the Code will terminate one year after the date of enactment of the CARES Act.

For the forms 122A-1: Chapter 7 Statement of Current Monthly Income, 122B: Chapter 11 Statement of Current Monthly Income, and 122C-1: Chapter 13 Statement of Current Monthly Income & Calculation of Commitment Period, the “CARES Act” modifies the definition of “current monthly income” in §101(10A) and the definition of “disposable income” in §1325(b)(2) to exclude “payments made under the Federal law relating to the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the coronavirus disease 2019 (COVID-19).” Line 10 on each form is modified to expressly exclude these amounts.

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New Doc-Type Events in the CM/ECF System for Notices of Intended Action which are related to the COVID-19 Pandemic


Pursuant to General Order 20-3, Subsection 6, the court has developed three new doc-type events for the expedited notice of intended action procedure to request an extension of the applicable deadlines for the following matters:  1) Deadline extensions for UST motions to dismiss for abuse under Rule 1017(e); 2) Deadline extensions for Rule 4004(a) objections to a debtor’s discharge; and 3) Deadline extensions for Rule 4007(c) objections to discharge of certain debts, which are subevents listed under the document event Intended Action re Eligible Matters Due to the COVID-19 Pandemic (Notice). Click on this link Intended Action re Eligible Matters due to the COVID-19 Pandemic (Notice) to access this procedure.   

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February 18, 2020

On August 23, 2019, the Small Business Reorganization Act of 2019 (the SBRA) was enacted into law. General Order 195 adopts the national interim rules for Subchapter V cases effective February 19, 2020, which allows a small business debtor the option of electing to be a debtor under subchapter V of chapter 11. The following procedures are affected by this new law.

 

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February 1, 2020

On February 1, 2020, the below listed forms and procedures will become effective:

Updated forms and procedures:

New form and procedure:

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December 10, 2019

The form CSD 3030: Request to Enter Default has been updated with the following changes:

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August 22, 2019

Chapter 13 Forms Affected by Trustee Thomas Billingslea's New Office Address: 402 West Broadway, Suite 1350, San Diego, CA 92101

The four forms affected by Trustee Billingslea's New Office Address include:

    •    CSD 1171.1: Notice of Hearing & Debtor's Motion to Value Real Property, Treat Claim as Unsecured and Avoid Junior Lien Of

    •    CSD 1172: Objection to Confirmation of Chapter 13 Plan

    •    CSD 1174: Request by Debtor for Dismissal of Chapter 13

    •    CSD 2120: Chapter 13 Certifications Regarding Domestic Support Obligations, Section 522(q) and Eligibility for Discharge

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March 27, 2019

April 1, 2019 Pending Changes in the Bankruptcy Forms

Revised Dollar Amounts in Official Forms 106C, 107, 122A-2, 122C-2, 201, 207, 410, Director's Forms 2000 and 2830, and certain instructions, effective April 1, 2019.

Automatic adjustments will be made on April 1, 2019, to dollar amounts stated in various provisions of the Bankruptcy Code, one provision in Title 28, seven Official Bankruptcy Forms which contain adjusted dollar amounts, the Instructions for Individual and Non-Individual Debtors, two Director’s Forms which include dollar amounts, and one set of instructions for a Director’s Form which includes a dollar amount.  The adjustments will apply to cases filed on or after April 1, 2019.

Section 104 of the Code provides that the Judicial Conference make the adjustments, which are calculated at three-year intervals on the basis of the change in the Consumer Price Index for the most recent three-year period ending immediately before the year in which the adjustment is made and rounded to the nearest $25. The Conference has delegated that authority to the Administrative Office.  The Official Forms, Director’s Forms, and instructions impacted include:

    •    Official Form 106C, The Property You Claim as Exempt, Line 3

    •    Official Form 107, Your Statement of Financial Affairs for Individuals Filing for Bankruptcy, Line 6

    •    Official Form 122A-2, Chapter 7 Means Test Calculation, Lines 29 and 40

    •    Official Form 122C-2, Chapter 13 Calculation of Your Disposable Income, Line 29

    •    Official Form 201, Voluntary Petition for Non-Individuals, Line 8

    •    Official Form 207, Statement of Your Financial Affairs, Lines 3 and 4

    •    Official Form 410, Proof of Claim, Line 12

    •    Instructions for Individual Debtors, Pages 9 and 24

    •    Instructions for Non-Individual Debtors, Page 12

    •    Director’s Form 2500E, Instructions, Page 1

Copies of the revised national forms are currently available on the U.S. Courts website

We are currently updating our forms packages and website to include the above forms as well as local versions of the below forms.  All will be posted on our website on or before April 1, 2019.

    •    CSD 2120 Chapter 13 Certifications Regarding Domestic Support Obligations, Section 522(q) and Eligibility for Discharge

    •    CSD 2121 Chapter 11 Individual Debtor's Request for Discharge,  Certifications Regarding Domestic Support Obligations and Section 522(q)

    •    CSD 2122 Chapter 12 Individual Debtor's Certifications Regarding Domestic Support Obligations, Section 522(q) and Eligibility for Discharge

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November 30, 2018

On December 1, 2018, the following procedures and updated Notice of Appeal and Statement of Election forms will become effective:

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November 10, 2018

 

On November 10, 2018, the new version of ECF (1.2.05) will be installed.  This will affect the process of relating a Notice of Hearing docket entry to the associated document entry, as shown below:

 

On the Hearing, date and time screen, Enter hearing date, time, and location.

The following procedures have been affected by this change:

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August 6, 2018

The new procedure Stipulation to Vacate Chapter 7 Filing Fee Waiver Order (CSD 2007) can be accessed through the

Miscellaneous Documents and the Trustee/US Trustee categories.  Once the order (CSD 2007A) is approved, the full filing fee is due no later than seven (7) days from the entry date of the order.

 

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July 9, 2018

The below list includes new and revised forms:

The below list includes forms with the updated certificate of service:

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March 1, 2018

New procedure for Court Reporters: Acknowledgment of Receipt for Request for Production of Transcript (paperless entry)

Once a Request for Production of Transcript on Appeal (CSD 1253) has been filed with the court, an email/NEF will be sent to the San Diego Bankruptcy Reporters notifying the Court Reporter of the request.  The Court Reporter will electronically file the acknowledgment of receipt for request for production of transcript, which is a paperless entry.

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December 1, 2017

On December 1, 2017, the new mandatory Chapter 13 Plan (CSD 1300), which replaces the CSD 1300.1 Chapter 13 Plan, becomes effective. If amending or modify the CSD 1300.1 Chapter 13 Plan, use the new CSD 1300 Chapter 13 Plan. Follow the CSD 1300a (Instructions) to properly complete the CSD 1300 Chapter 13 Plan. Once completed, convert the completed CSD 1300 form to a pdf document for electronic filing. The previous "recommended" Chapter 13 plan form remains available on the court's website for cases filed prior to June 1, 2016, for amendments or modifications in those cases.

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June 1, 2017

  1. Updated Appeal Procedure for Court Reporters: Request for Extension of Time to Produce Transcript on Appeal

  2. Updated Appeal Procedures for Attorneys: Designation of Record, Designation & Statement of Issues, and/or Addt'l Items to be included in ROA ; Request for Extension of Time to Produce Transcript on Appeal ; Request for Production of Transcript on Appeal

  3. Updated Procedure: Transmittal of Record on Appeal by Appellant/Appellee on Electronic Media.The maximum megabytes for each PDF on the electronic media has been increased from ten (10) megabytes to thirty five (35) megabytes.

  4. New Procedure: Request for Special Notice by US Trustee

  5. The Office of the United States Trustee moved to a new location on May 22, 2017. Their new physical and mailing address is 880 Front Street, Ste. 3230, San Diego, CA 92101-8897.

The following forms, which were posted on the Court Forms List on May 19,  reflect the US Trustee's new address:

 

 

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April 7, 2017

New Procedures regarding Interpleader Deposit and Interpleader Disbursement of Disputed Ownership Funds

Motion for Interpleader Deposit (28 U.S.C. Section 1335)

Motion for Authorization of Interpleader Disbursement (28 U.S.C. Section 1335)

The IRS defines Interpleader Deposit and Interpleader Disbursement of Disputed Ownership Funds as listed below:

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December 1, 2016

Updated Procedures Effective December 1, 2016

The following procedures include fee increases:

The following forms contain updated language regarding service deadlines which states
Depending on how you were served, you may have additional time for response.  See FRBP 9006.

CSD 1027: Notice of Motion for Exemption and Opportunity for Hearing Re: Credit Counseling

·         CSD 1033: Certificate of Cure of Entire Monetary Default and Notice of Opportunity for Hearing

·         CSD 1140: Notice of Objections to Debtor’s Claim of Exemptions and Opportunity for Hearing

·         CSD 1149: Notice of Hrg and Motion for Approval of  Ch 11 Discl Stmt; Ch 11 Plan; Ch11 or 13 Mod Plan

·         CSD 1153: Ntc of Hrg and Motion for Review/Cond Approval of Ind Ch 11 Combined Plan and Discl Stmt

·         CSD 1158: Ntc of Motion and Opportunity for Hearing on Opp to Motion to Extend or Impose Auto Stay

·         CSD 1171.1: Ntc of Hrg & Db’s Mtn to Value Real Property, Treat Claim as Unsecured & Avoid Junior Lien

·         CSD 1180: Notice of Intended Action and Opportunity of Hearing

CSD 1181: Notice of Hearing and Motion

·         CSD 1182: Notice of Motion

·         CSD 1183: Notice of Hearing and Motion

·         CSD 1185: Notice of Filing of a Motion for Relief from Stay

·         CSD 1186: Request for Hearing on Motion for Relief from Stay

·         CSD 2014: United States Trustee’s Notice of Hearing and Motion

·         CSD 2015: Objection to Claim and Notice Thereof

·         CSD 2062: Trustee’s Notice of Intended Action and Opportunity for Hearing

·         CSD 2063: Trustee’s Notice of Public Sale and Invitation for Better Offer

·         CSD 2064: Trustee’s Notice of Proposed Auction

·         CSD 2065: Trustee’s Notice of Proposed Abandonment of Property

·         CSD 2120: Ch 13 Certifications Re: DSO, Section 522(q) and Eligibility for Discharge

·         CSD 2122: Ch 12 Individual Debtor’s Certifications Re: DSO, Section 522(q) and Eligibility for Discharge

·         CSD 2125: Ntc of Ch 13/12 Tr’s Int Final Report and Time to File Objs and Release from Liability of Trustee

·         CSD 3015: Notice of Hearing and Motion

 

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October 3, 2016

Updated Procedures Effective October 3, 2016

Motion to Reopen Case (CSD 1489) - The following Motions to Reopen Case do not require a notice:

Notice of Pre-Trial Status Conference (CSD 3019): The 45 day period from the date of the first appearance of any defendant, the Clerk will serve the plaintiff and any parties who have appeared in the matter a Notice of the date and time for Pre-Trial Status Conference, has been changed to a 5 day period, as shown below.

Pursuant to LBR 7016-2, after 5 days from the date of the first appearance of any defendant, the Clerk will serve on the plaintiff and any parties who have appeared in the matter a Notice of the date and time for Pre-Trial Status Conference.  Plaintiff must give notice of the Pre-Trial Status Conference to any party who makes an appearance thereafter.

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August 8, 2016

Updated PDF File Size Requirement

The PDF File Size Requirement has been increased from fifteen (15) megabytes to thirty-five (35) megabytes.

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June 28, 2016

New Procedure

Transmittal of Record on Appeal by Appellant/Appellee on Electronic Media: If your Appeal has been elected to be heard in the District Court, the documents listed on the Designation of Record (including Transcripts being ordered and filed onto the Bankruptcy case docket) must be filed over the counter at the Bankruptcy Court on electronic media.  This electronic media will then be submitted to the District Court.   

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June 1, 2016

Updated Procedures

On June 1, 2016, the mandatory Chapter 13 Plan (CSD 1300.1) became effective. The previous "recommended" Chapter 13 plan form remains available on the court's website for cases filed prior to June 1, 2016 and for amendments or modifications in those cases.

Fee Schedule Change

Effective June 1, 2016, new fees have been established for electronic retrieval of files from the Federal Records Center.  

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April 6, 2016

Updated Procedures

As the Proof of Service (CSD 3010) form requires a list of parties who are receiving notices electronically and by mail, the below procedures have either been created or updated.

Pending Changes in the Bankruptcy Forms

Revised Dollar Amounts in Official Forms 106C, 107, 122A-2, 122C-2, 201, 207, 410, Director's Forms 2000 and 2830, and certain instructions, effective April 1, 2016.

Automatic adjustments will be made on April 1, 2016, to dollar amounts stated in various provisions of the Bankruptcy Code, one provision in Title 28, seven Official Bankruptcy Forms which contain adjusted dollar amounts, the Instructions for Individual and Non-Individual Debtors, two Director’s Forms which include dollar amounts, and one set of instructions for a Director’s Form which includes a dollar amount.  The adjustments will apply to cases filed on or after April 1, 2016.

Section 104 of the Code provides that the Judicial Conference make the adjustments, which are calculated at three-year intervals on the basis of the change in the Consumer Price Index for the most recent three-year period ending immediately before the year in which the adjustment is made and rounded to the nearest $25. The Conference has delegated that authority to the Administrative Office.  The revised dollar amounts were published on February 22, 2016, volume 81, number 34, of the Federal Register, at page 8,748.  The Official Forms, Director’s Forms, and instructions impacted include:

    •    Official Form 106C, The Property You Claim as Exempt, Line 3

    •    Official Form 107, Your Statement of Financial Affairs for Individuals Filing for Bankruptcy, Line 6

    •    Official Form 122A-2, Chapter 7 Means Test Calculation, Lines 29 and 40

    •    Official Form 122C-2, Chapter 13 Calculation of Your Disposable Income, Line 29

    •    Official Form 201, Voluntary Petition for Non-Individuals, Line 8

    •    Official Form 207, Statement of Your Financial Affairs, Lines 3 and 4

    •    Official Form 410, Proof of Claim, Line 12

    •    Instructions for Individual Debtors, Pages 8 and 22

    •    Instructions for Non-Individual Debtors, Page 12

    •    Director’s Form 2500E, Instructions, Page 1

Copies of the revised national forms are currently available on the U.S. Courts website at http://www.uscourts.gov/rules-policies/pending-rules-amendments/pending-changes-bankruptcy-forms

We are currently updating our forms packages and website to include the above forms as well as local versions of the below forms.  All will be posted on our website on or before April 1, 2016.

    •    CSD 2120 Chapter 13 Certifications Regarding Domestic Support Obligations, Section 522(q) and Eligibility for Discharge

    •    CSD 2121 Chapter 11 Individual Debtor's Request for Discharge,  Certifications Regarding Domestic Support Obligations and Section 522(q)

    •    CSD 2122 Chapter 12 Individual Debtor's Certifications Regarding Domestic Support Obligations, Section 522(q) and Eligibility for Discharge

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March 17, 2016

Next Generation CM/ECF (Next Gen) System

On Monday, February 22, 2016, the Next Generation CM/ECF (Next Gen) system was launched in the Bankruptcy Court for the Southern District of California. Detailed information on the process and the Next Generation CM/ECF Program can be found on the court’s Next Gen webpage .

Due to the launching of the NextGen system, the below procedures are either new or updated:

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February 18, 2016

Next Generation CM/ECF (Next Gen) System

On Monday, February 22, 2016, the Next Generation CM/ECF (Next Gen) system will launch in the Bankruptcy Court for the Southern District of California. Detailed information on the process and the Next Generation CM/ECF Program can be found on the court’s Next Gen webpage .

You must have an upgraded PACER account and a CM/ECF login and password for filing in our court. On February 22, you will link your upgraded PACER account to your CM/ECF account.  Once linked, your PACER login and password will be used for both filing and for reviewing case information and documents in our CM/ECF System.

Click on access the instructions for obtaining a PACER account, upgrading your current PACER account, and for linking your PACER account with your CM/ECF login and password.

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December 29, 2015

The Motion to Withdrawal the Reference procedure has been modified to indicate that the objection period has been upgraded from 14 days to 21 days, which includes the 14-day period to respond to the motion and the 7 day-period to reply to the response.

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December 1, 2015

The December 1, 2015, form modifications have resulted in the below procedure and form modifications:

Case Opening Procedures - the petition forms have been separated into Individual (101) and Non-Individual (201)

Form name change:

Form number changes:

Subpoenas

Summons

 

October 14, 2015

New Procedures for Chapter 13 Trustees:

May 29, 2015

Updated Procedures:

Notice of Pre-Trial Status Conference (CSD 3019)

March 2, 2015

With the March 1, 2015, release of the revised Local Bankruptcy Rules (LBR) and Administrative Procedures, the following procedures are either updated or new.

Updated Procedures:

Pursuant to LBR 5005-4(c), along with the Declaration Re: Electronic Filing (CSD 1801), the Amendment (CSD 1100) and the Balance of Schedules and/or Chapter 13 Plan (CSD 1099) must provide the debtor(s)' original signature(s) in a scanned format. ( "/s/ typed name of debtor" will not be accepted.) However, the attorney signature may be in "/s/ attorney name" format .

Pursuant to LBR 9034, a Statement of Position from the US Trustee must be requested for the following matters: Motion to Extend Time to File Schedules in Chapter 7, 11, or 12 Cases; Application to Employ (attorneys and other professionals); Application to Employ Auctioneer; Application/Motion to Appoint and Application for Entry of Final Decree.  The instructions for obtaining a Statement of Position from the U.S. Trustee are listed in these procedures.

Pursuant to LBR 9034-2, a Statement of Position from the Chapter 13 Trustee must be requested for the following matters: Motion to Extend Time to File Schedules/Statements or Plan in Chapter 13 Cases; Motion to Sell (real or personal property) and Motion to Sell Free and Clear of Liens.  The instructions for obtaining a Statement of Position from the Chapter 13 Trustee are listed in these procedures.

The Application to Pay Filing Fees in Installments (CSD 1006 has returned to two installment payments within a 30-day period.

The objection due date deadline has changed from 28 + 3 days to 21 +3 days for Notice of Intended Action and Opportunity for Hearing (CSD 1180) and has changed from 28 + 3 to 14 + 3 days for Notice of Objection to Debtor’s Claim of Exemption and Opportunity for Hearing (CSD 1140).

The Certificate of Compliance with Early Conference of Counsel (CSD 3018) is no longer required to be filed along with the Notice of Pretrial Status Conference (CSD 3019).

New Procedures:

Chapter 7 Statement of Monthly Income (B22A-1)/Exemption Presumption of Abuse(B22A-1Supp) combines and replaces the Chapter 7 Statement of Current Monthly Income (B22A-1) and Chapter 7 Statement of Exemption from Presumption of Abuse (B 22A-1Supp) procedures.

Notice of Hearing and Motion for Review and Conditional Approval of Individual Chapter 11 Combined Plan of Reorganization and Disclosure Statement (CSD 1153).  The new accompanying order form is (CSD 1154) Order Granting Conditional Approval of Individual Chapter 11 Combined Plan of Reorganization and Disclosure Statement.

UST Statement of Position – Objects

UST Statement of Position – no objection/position

UST Statement of Position – no objection/position (limited access)

 

 

December 1, 2014

New Means Test for Individual Debtor Forms and Procedures:

  1. Chapter 7 Statement of Current Monthly Income &  Means - Test Calculation (B 22A) has been divided into three forms: B22A-1: Statement of Current Monthly Income; B22A-1 Supplement: Statement of Exemption from Presumption of Abuse; and B22A-2: Chapter 7 Means Test Calculation

  2. Chapter 11 Statement of Current Monthly Income for individual debtors (B 22B) has been updated:  

  3. Chapter 13 Statement of Current Monthly Income & Calculation of Commitment Period & Disposable Income (B 22C) has been divided into two forms: B22C-1:  Statement of Current Monthly Income and Calculation of Commitment Period and B22C-2: Calculation of Disposable Income

Motion to Restrict Public Access no longer requires an order, as the order is autodocketed; however, a $25 fee is charged to file a redacted document to replace the restricted document.  There is no longer a fee to reopen a case to file restrict public access to file a redacted document.

Motion to Restrict Public Access to Proof of Claim does not require a pdf document;  however, a $25 fee is charged to file a redacted proof of claim to replace the restricted proof of claim.  The filer will not be charged a reopening fee for filing a Motion to Restrict Public Access to Proof of Claim in a closed case.

New Appeal Forms and Procedures:

  1. Notice of Appeal and Statement of Election includes two new forms: B 17A(Main) for Bankruptcy Cases and B 17A(Adv) for Adversary Cases.

  2. Certification to Court of Appeals by All Parties (B 24) - This is the updated title of the current procedure Certification of Direct Appeal to Court of Appeals (B 24), which matches the title of the B 24 form.

  3. Statement of Evidence in Lieu of Transcript.

  4. Response to Statement of Evidence in Lieu of Transcript.

  5. Agreed Statement in Lieu of Record on Appeal.

  6. Certification of No Transcript Ordered.

In the event an Order Shortening Time has been filed in a case, the procedures associated with the following forms instruct the filer to enter the objection period listed in the Order Shortening Time: CSD 1033, CSD 1027, CSD 1185, CSD 1171.1, CSD 1181, 1183, 3015, CSD 1149, CSD 1158, CSD 1180, CSD 2062, CSD 1182, CSD 1140, CSD 2063, CSD 2064, and CSD 2015.

 

 

October 1, 2014

New Procedure and Court Form:

Chapter 11 Individual Debtor's Request for Discharge, Certifications Re Domestic Support Obligations & Section 522(q)(CSD 2121) can be filed either under the Motions/Applications or the Miscellaneous Documents categories.

Updated Procedure and Court Forms:

The Application for Entry of Final Decree procedure is for requesting a Final Decree in either a Chapter 11 Corporation or a Chapter 11 Individual Debtor case.

 

The Final Decree orders include:

 

PDF File Size Requirement

 

The PDF file size requirement has been expanded from eight (8) megabytes to fifteen (15) megabytes.

 

August 25, 2014

Updated Procedure and Court Forms:

The Motion to Reopen Case procedure has been updated to inform the filer that a Motion to Reopen Case is no longer required for the following actions:

The forms, CSD 1489: Motion to Reopen Case and CSD 1490: Order Reopening Case, have been updated.

 

June 10, 2014

New Procedures and Court Forms:

Chapter 11 Individual Combined Plan & Disclosure Statement (CSD 1152) is for individual debtors who filed a Chapter 11 case.

The CSD 1152 (Individual Ch 11 Combined Plan and Disclosure Statement) form is in Word format. Follow the Instructions for Using the Plan and Disclosure Statement for Individual Chapter 11 Debtors (CSD 1152A) to complete the CSD 1152 form.  Once completed, convert the completed CSD 1152 form to a pdf document for electronic filing.

Change in Lead Attorney within the Law Firm only requires a pleading - not an order.  IMPORTANT: In the event that there is a list of cases that the change in attorney affects, file the document in the first case number.  The court will update the other cases on the list.

If substituting attorneys from law firm to law firm, see Substitution of Attorney and Order Thereon (CSD 3011) .

 

June 1, 2014

 

As of  June 1, 2014, the new Fee Schedule will become effective and will effect the following procedures:

The filing fees will increase for opening all Bankruptcy chapters, Adversary Complaints, as well as for bifurcating chapter 7, 11, 12, and 13  cases.

 

 

 

February 11, 2014

 

Amendment - When adding creditors or equity security holders, the $30.00 fee, which previously was associated to the Notice to Creditors Added by Amendment, will apply to the Amendment.  When correcting an amendment, in which the $30.00 was previously paid, the filer will be required to enter the Receipt #.

 

Balance of Schedules and/or Chapter 13 Plan - When adding creditors or equity security holders, the $30.00 fee, which previously was associated to the Notice to Creditors Added by Amendment, will apply to the Balance of Schedules.

 

Notice to Creditors Added by Amendment - The $30.00 fee for adding creditors by amendment or balance of schedules will no longer apply to the Notice to Creditors, as the fee will apply directly to the amendment or balance of schedules.

 

  

December  1, 2013

 

The below procedures will be effective on December 1, 2013:

 

Motion to Sell and Motion to Sell Free and Clear of Liens have dropdown options. One of the options Sell Free and Clear of Liens 11 U.S.C. Sect. 363(f)(fee) includes a fee.

 

Application by Trustee to Defer Payment of Fee for Motion to Sell Free and Clear of Liens under 11 USC Section 363(f)

 

Financial Management Course (Limited Access) allows a financial management course provider to file the debtor's certificate with the court electronically.

 

Return of Served Subpoenas (B254, B255, B256, B257) replaces the current subpoenas: CSD 3009 Subpoena in an Adversary Proceeding, CSD 1051 Subpoena in a Case under the Bankruptcy Code, and CSD 1050 Subpoena for Rule 2004 Examination.

 

Supplement to Schedule I or J (CSD 1102).  This procedure is for filing a supplemental schedule I or schedule J in a a chapter 13 case. The supplemental schedules I and J are intended to inform and not amend previously reported information.  Do not use this form to amend schedules I or J.  When amending schedules use the CSD 1100 form and procedure

 

 

October  23, 2013

 

Updated Procedure:

 

Notice of Intent to Reconsider and Reallow Proof of Claim allows the filer to select both the claim number and associated creditor so that both the claim number and creditor appear in the docket text.

 

 

 

October  18, 2013

 

The following updated procedures will be effective on Friday, October 18, 2013:

 

Notice of Intended Action and Opportunity for Hearing (CSD 1180) (Attorney Use Only):

Notice of Intended Action and Opportunity for Hearing (CSD 2062) (Trustee Use Only):

 

September  16, 2013

Full Access:  Effective Monday, September 16, 2013, the Assignment/Transfer of Claim (BNC) procedure will be renamed Transfer of Claim (BNC).  The document event will be changed from Assignment/Transfer of Claim (BNC)(fee) to Transfer of Claim (BNC)(fee).

 

Limited Access: Effective Monday, September 16, 2013, the Assignment/Transfer of Claim (BNC) (Limited Access) procedure will be renamed Transfer of Claim (BNC) (Limited Access).  The document event will be changed from Assignment/Transfer of Claim (BNC)(fee) to Transfer of Claim (BNC)(fee).

 

August  5, 2013

New Procedure: To unseal a sealed document, access the Motion to Unseal Documents procedure.

Updated Procedures:

 

Full Access:  The Notice of Change of Address (CSD 1547) procedure has been updated to ensure that if the Debtor or Creditor, whose address is being changed, is also a party in a related Bankruptcy and/or Adversary Case that a Notice of Change of Address (CSD 1547) is filed in those related cases as well.  This can be accomplished by filing the Change of Addresses through Batch Filing.  A list of associated cases can be accessed from the docket report.

 

Limited Access: The Notice of Change of Address (CSD 1547) procedure has been updated to ensure that if the Creditor, whose address is being changed, is also a party in a related Bankruptcy and/or Adversary Case, that a Notice of Change of Address (CSD 1547) is filed in those related cases as well.  This can be accomplished by filing the Change of Addresses through Multi-Case Filings.  A list of associated cases can be accessed from the docket report.

 

 

July  18, 2013

The Summer, 2013, edition of Bankruptcy Confidential Newsletter, is now available by clicking on: BK Confidential Newsletter

June  6, 2013

Updated Procedure:

 

The Motion to Withdraw as Attorney requires an order to be uploaded once the Motion is filed.

 

May  14, 2013

New Procedure:

 

The Debtor(s) Request to Delay Closing Pending Satisfaction of Lien Strip procedure does not require a pdf document.

 

May  1, 2013

Effective May 1, 2013:  A $25 fee will be charged for each transfer of claim filed.

 

April  15, 2013

 

Effective April 15, 2013:  CM/ECF  Version 5.1 will be uploaded into the "live" and "training" databases.

 

The following procedures will be effected:

The following reports will be effected:

The following reports are new:

The following Appeal Procedures have been updated:

  • Notice of Appeal (fee)

 

 

April  1, 2013

 

IMPORTANT Update:

 

The Substitution of Attorney document event will be deactivated on March 26, 2013. Pursuant to 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, the court implemented the Substitution of Attorney and Order Thereon (CSD 3011).

 

New Procedure:

 

The Notice of Failure to Provide Income Tax Return by Debtor (paperless) procedure does not require a pdf document.

 

Updated Procedure:

 

The Waiver of Right to Claim State Exemptions, CCP Section 703.140(a)(2) has been moved from the Claims Actions and Response/Declaration categories to the Miscellaneous Documents category.

 

 

 

March 25, 2013

 

New Procedures:

 

Withdrawal of Notice of Mortgage Payment Change and Withdrawal of Notice of Mortgage Payment Change (Limited Access) procedures allow the filer of the Notice of Mortgage Payment Change to withdraw the filed Notice.

 

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 implemented the new form and order CSD 3011 - Substitution of Attorney and Order Thereon.

 

Application for Compensation and Confirmation of Ch 13 Plan and Order Thereon (CSD 1177) and Application for Compensation of Ch 13 Plan and Order Thereon (CSD 1178) procedures have been created to facilitate the uploading of these orders, which are sent electronically to the Trustee for review prior to submission to the Judge. The updated order forms are included with these procedures.

 

The Attorney Change of Information Form (CSD 1546) procedure allows the attorney to file this form in one case. The Court will update the attorney's information in all the cases he/she is associated with.

 

 

March 5, 2013

 

Updated Procedure:

 

Amendment (CSD 1100) - the CSD 1100 form has been updated to include the option Other: to include documentation not listed on the Amendment form which were amended post petition.

 

 

January 24, 2013

 

Updated Procedures:

 

Rights and Responsibilities of Chapter 7 or 13 Debtors and Their Attorney -  As a form has been created for the Rights and Responsibilities of Ch 7 Debtors and Their Attorney,  the document event in this procedure allows the filing of the Rights and Responsibilities for either a Chapter 7 or Chapter 13 case. The ECF System will check for the chapter and insert the appropriate chapter into the docket text.

 

UST 10-Day Statement (paperless entry) (under Trustee/US Trustee) and UST 10-Day Statement (paperless entry) (under Batch) - the selections in the dropdown menu have been modified.

 

 

New Procedure:   The United States Trustee procedure UST Statement of Declination (paperless entry) replaces the following US Trustee procedures: UST Statement Motion to Dismiss Not Appropriate and Declination Statement Pursuant to 11 U.S.C. Sec 704(b)(2).

 

 

December 4, 2012

 

Updated Fee Schedule: Recent fee changes become effective on November 21, 2012.

 

Updated Procedures: The Correspondence/Undeliverable Mail procedures located under the Miscellaneous and Batch categories have been changed to only allow Correspondence to be filed.  Please review the Correspondence procedures under the Miscellaneous and Batch categories.

 

 

New Procedure:  Returned Mail Notice procedure- When you receive a Returned Mail Notice indicating that a party's address is incorrect, you can update the address on the Notice and file it as a Change of Address following the instructions in this procedure.  NOTE: This form cannot be used to add a new creditor not previously listed on your schedules.

 

 

 

November 8, 2012

 

Reminders Regarding Hearing Documents and Matters Taken Off Calendar:

 
MIssing Hearing Information on Documents:

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.  

 

Matters Taken Off Calendar:

Pursuant to Local Rule 9014-7, 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 Taking Matters Off Calendar, which has been served on the parties of interest, follow this procedure.  

 

 

 

August 31, 2012

 

Revision to Chapter 13 Attorney Fee Guidelines and Rights and Responsibilities Now in Effect.

 

The comment period has closed for General Order 173-A re Chapter 13 Fee Guidelines and the new fees became effective August 24, 2012.  The court considered two sets of comments it received and has determined to let stand the fees as proposed in General Order 173-A.  Counsel are reminded that if at any time work on a particular case or matter exceeds the compensation allowed in the guideline fees, a fee application with supporting documentation can be filed.  

 

The revised Chapter 13 Attorney Fee Guidelines and the “Rights and Responsibilities of Chapter 13 Debtors and Their Attorneys” for both Chapter 13 consumer and business cases have been updated to reflect these changes.

 

The affected procedures include: Send Docs from Attorney to Trustee and Rights and Responsibilities of Ch 13 Debtors and their Attorney.

 


 

 

Updated Procedure: Request to Delay Discharge in Order to File Reaffirmation Agreement - If additional attempts are made to file this Request to Delay Discharge after the initial Request, the following note will appear on the screen:

         You have already requested a delay to file a reaffirmation agreement.  Any further delay must be by motion and court order.

 

 

 

 

June 18, 2012

 

Filing Sealed Documents Electronically:  Effective Monday, June 18, 2012, the documents approved to be filed under seal can be filed electronically as secured images, wherein the public cannot view the sealed documents.  Each document named in the granted Motion to Seal Documents must be filed as a separate sealed document. A new category entitled "Sealed Documents" has been added to the main Bankruptcy and Adversary menus in ECF and should be used for all sealed document related filings. The new document type to file each sealed document is entitled "Document under Seal Per Court Order" under the Sealed Documents category.

 

Updated Procedure: Motion to Seal Documents.   New Procedure:  Sealed Documents

 

 

 

April 1, 2012

 

 

PACER Fee Increase:  Effective April 1, 2012, the PACER fee will be increased from eight cents per page to ten cents per page, not to exceed thirty pages.  For further details, click on this Electronic Public Access Fee Schedule.

 

 

 

March 2, 2012

 

Reset ECF Password:  ECF filers who have forgotten or lost their ECF password can reset it online within a few minutes.

 

 

November 9, 2011

 

Effective November 27, 2011:  CM/ECF  Version 4.2 will be uploaded into the "live" and "training" databases.

 

The following procedures will be effected:

The following Reports and Utilities will be effected:

 The following current and new procedures regarding the new Bankruptcy Rule 3002.1 will become effective:

 

 

November 1, 2011

 

The new Fee Schedule is effective November 1, 2011.

 

 

August 1, 2011

 

Pursuant to the General Order 178 regarding the local rule change to the calculation of deadlines, which is governed by Fed. R. Bankr. P. 9006(f) to allow additional time after service by mail or electronically, the following procedures have been modified and will take effect on Monday, August 1, 2011:

 

April 13, 2011

 

New Video: The Filing Balance of Schedules vs Amendments video is now availabe on the ECF Resources page on the Court's website.  This video will assist ECF filers in understanding the difference between Balance of Schedules and Amendments and under what circumstances each would be filed.

 

New Procedures:

 

 

 

March 23, 2011

 

New Procedure:  Ch 13 Trustee's 341 Filings allows the Chapter 13 trustees to document the outcome of their 341 meetings on the case docket.

 

Updated Procedures:

February 8, 2011

 

Training Videos:  The CM/ECF Resources page on the Court's Website lists several valuable videos to assist you in understanding how to Use the Attorney/Trustee Online Manual, the E-Order Process, Filing Documents in CMECF, as well as filing a new Voluntary Petition. Click here to access these videos.

 

A link to these videos is located under the Resources column below.

 

New Procedures:  The following two new procedures: UST 10-Day Statement (paperless entry)(BNC), under the Trustee/USTrustee category, and UST 10-Day Statement (paperless entry)(BNC)(Batch), under the Batch category, combine the following procedures under one document event:

December 21, 2010

Updated Procedures:  The following Chapter 7 Trustee's Report of No Distribution events have new and/or deleted language in the docket entries: 

New Procedures:  Two new Chapter 7 Trustee's Report of No Distribution Adhoc document events, listed below, require pdf attachments.

December 1, 2010

Updated Procedures:  The following procedures have been updated to include the updated forms, which are effective December 1, 2010:

November 4, 2010

 

Updated Procedures:

 

 

New Procedure:

September 27, 2010
 

Updated the following procedures

August 12, 2010

Updated the following procedures

June 24, 2010

 

Updated the following procedures:

June 02, 2010

Updated procedure: Request by Trustee for Copy Work and/or Certification (paperless entry) is now a paperless entry. No pdf is required.

May 19, 2010

Updated category:  The Answer/Response/Declaration category has been changed to Response/Declaration.  

Updated procedure: Application to Pay Filing Fees in Installments replaces the individual Applications to Pay Ch 7, 11, & 13 Filing Fees in Installments.

 

New Limited Access Procedure:  Limited Access filers now have access to file Certificates of Service.
 

April 16, 2010

Updated procedure: Request to be Removed from Email Notification is now a paperless entry as it does not require a PDF file.

April 6, 2010

New procedure: Request to Delay Discharge in Order to File Reaffirmation Agreement

Calculating Post Judgement Interest Rate: To assist attorneys in calculating Post Judgment Interest Rate, a Post Judgment Interest Rate link has been added to Resources on this home page (see below).

E-Orders - the E-Orders procedure has been modified for easier access to the order upload procedure.

 

February 9, 2010

Effective February 9, 2010

 

Payment of Filing Fees - There are two options for paying filing fees online. Both options must be accessed through the attorney's ECF login and password (not PACER). Option one is through Reports by clicking on Credit Card Payment (Outstanding) and option two is through Utilities by clicking on Pay Outstanding Fees.  

 

To avoid being locked out of CM/ECF, filing fees must be paid within 24 hours of the filing.

 

 

Effective February 1, 2010:  

 

Adversary cases will return to the Case Administrator who handles the related Bankruptcy case.  To contact the appropriate Case Administrator to inquire about an Adversary case, click here to locate the last two digits of the related Bankruptcy case to access the appropriate phone number to contact.

 

November 25, 2009

Effective November 27, 2009:  

 

CM/ECF Version 3.3.3 will be uploaded into the "live" and "training" databases.  The major change involves logging into the CM/ECF System. The following statement will be required to be read and checked before you will be allowed to access the CM/ECF System:

 

IMPORTANT NOTICE OF REDACTION RESPONSIBILITY: All filers must redact: Social Security or taxpayer-identification numbers; dates of birth; names of minor children; and financial account numbers, in compliance with Fed. R. Bankr. P. 9037. This requirement applies to all documents, including attachments.

 

The following procedures have been modified: Motion to Vacate and Notice of Intended Action and Opportunity for Hearing (CSD 1180)

 

Effective December 1, 2009:

 

 

July 24, 2009

Transcripts

 

As court reporters may now file Transcripts electronically, procedures for filing original and redacted transcripts, as well as for requesting an extension of time to produce transcripts are located in the Limited-Access Filers folder under Contents.

 

Auditor's Report

 

The Auditor's Report and Supplemental Auditor's Report procedures are now located in the Limited-Access Filers folder under Contents.

 

 

July 2, 2009

CM/ECF Scanner Setting Change

 

If you create your pdf documents via a scanner, the recommended scanner setting of 200 DPI (dots per inch) has been increased to 300 DPI.  The court is requesting that scanner settings are adjusted accordingly.

April 8, 2009

Procedure Name Changes

The following procedures have been renamed and relocated in a folder entitled Send E-Docs located in the Full Access Filers folder.

Trustees' Uniform Final Reports

Section 602 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, codified at 28 U.S.C. § 589b, required the Attorney General to issue uniform forms for final reports by trustees under chapters 7, 12, and 13 of the Bankruptcy Code (uniform forms).  These uniform forms, which were developed through the Federal Rulemaking process, take effect on April 1, 2009.

Click here to access these Uniform Final Reports, which will replace previous Final Report forms.  

In conjunction with these Final Reports, the following procedures have been updated:

March 9, 2009

The following procedures and reports comply with the current 3.3 Version of ECF:

Updated Procedures:

New Procedures:

Reports:

January 1, 2009

E-Orders - When uploading a Single Order, you now have the option of entering the related document number or searching for the related document.

 

When uploading the Application for Compensation and Confirmation of Ch 13 Plan & Order (CSD 1177) or the Application for Confirmation of Ch 13 Plan & Order (CSD 1178), the related document should be the applicable Chapter 13 Plan, which can be found via the category "Plan."

 

December 1, 2008

Effective December 1, 2008, the Payment of Fees - Division of Joint Case and/or Conversion 13 to 7 and the Notice of Conversion and/or Division of Joint Case from 13 to 7 procedures have been updated due to a fee change. For a bifurcation 13 to 7 case the fees are now $299.00 ($274.00 for bifurcation and $25.00 for conversion.)

November 24, 2008

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, see E-Orders. For questions regarding electronically filing these orders, please contact the Training Department at (619) 557-7535.

 

October 30 2008

Motion for Relief from Stay no longer will charge a fee for filing an amended motion for relief from stay.

October 15, 2008

Due to unforeseen concerns, the uploading of Version 3.2 into the ECF system has been delayed.  Continue to access the current version of the below procedures:  E-Orders; Motion for Relief from Stay, File Claims, File Claims (Limited Access), Docket Report.

The following updated procedures and reports which comply with the 3.2 release have not yet been implemented:

August 27, 2008

The PDF File Size Requirement procedure has been updated to include recommendations to aid in the prevention of errors when filing electronically.

August 1, 2008

The Notice of Conversion of Case from 13 to 7 and the Notice of Conversion re: Division of Joint Case procedures have been combined into one procedure entitled Notice of Conversion and/or Division of Joint Case 13 to 7 (CSD 1129).

July 22, 2008

Welcome to the new CM/ECF Manual.  The manual has been updated to make it easier to navigate.

As you use the manual and see any place for improvement, please click on the "Give us your feedback" hyperlink on the homepage.

April 15, 2008

The documents below have been updated. Click on the hyperlinks to access the procedure.

March 13, 2008

December 7, 2007

Updated Procedures:

The following procedures: Motion for Consolidation (Joint Administration) and  Motion for Consolidation (Substantive) have been combined into one procedure - Motion for Consolidation - with a drop-down selection of  Joint Administration and Substantive Consolidation.

New Procedure: Motion for Consolidation (batch) .

November 21, 2007

Updated Procedures

The following procedures: Notice of Hearing and Motion for Approval of Chapter 13 Modified Plan and Notice of Hearing and Motion of Disclosure Statement, Modified Plan and/or Plan of Reorganization have been combined into one procedure - Notice of Hearing & Motion of Ch11/13 Plan, Disclosure Statement (CSD 1149) - with a drop-down selection of  Disclosure Statement; Plan of Reorganization; or Modified Plan.

The following procedures: Motion to Appoint Trustee, Application for Appointment of Chapter 11 Trustee, Application for Appointment of Examiner and Application for Appointment of an Appraiser have been combined into one procedure -  Application/Motion to Appoint - with a drop-down selection of  for appointment of an appraiser; for appointment of examiner; to appoint trustee; for appointment of chapter 11 trustee; to appoint.

October 15, 2007

Updated Procedure

Reaffirmation Agreement (CSD 1226) - Two changes have occurred with this procedure.

1-   CSD 1229 has been removed from the document event; however,  you may continue filing Reaffirmation Agreements in cases filed prior to October 17, 2005, using this document event.

2-  You are no longer required to file a  Notice of Hearing for the Reaffirmation Agreement.  If  a hearing is deemed  necessary,  the Court will set the hearing and notify the parties.

September 18, 2007

New Procedure

Payment of Fees - This document event is to be used to correct an erroneous fee amount that may appear on your outstanding credit card balance in the event that a new case was opened under an incorrect chapter or an incorrect document event was selected to file a fee document in which either the fee amount does not appear or an incorrect fee appears. Review the procedure for actions to take prior to using this document event.

September 12, 2007

New Procedures Regarding Privacy and Transcripts

Notice of Intent to Request Redaction and Notice of Redaction with a List of Location Identifiers

The Judicial Conference recently posted redaction procedures for transcripts in order to comply with the Judicial Conference's privacy policy.  Protected personal information must be redacted prior to transcripts becoming public in electronic format.  In order to comply with this policy, transcripts posted in the electronic file will be available only to the court and attorneys involved in the case until reviewed for redaction.

When a transcript is filed with the court, a Notice of Filing of Transcript will be sent to the parties' attorneys.  Each attorney has five (5) business days to review the transcript for protected private information.  If redactions might be necessary, the attorney must file a  Notice of Intent to Request Redaction  with the court within 5 days of the Notice of Filing of Transcript.  If redactions are needed, the attorney has twenty-one (21) days from file date of  Notice of Intent to Request Redaction to file a Notice of Redaction with a List of Location Identifiers with the court and the court reporter.  The court reporter has sixty (60) days to make the requested redactions.

Once the redactions are made, the redacted transcript will be made public in the case. If no Notice of Intent to Request Redaction (due within 5 days of the Notice of Filing of Transcript) and Notice of Redaction (due within 21 days of filing the Notice of Intent to Request Redaction) are filed, the transcript will be made public when the deadlines pass.

Contents Category Name Change     

In the Contents area of this Attorney Online Manual, the category which was labeled Out of State & Non Attorneys has been changed to Limited-Access Filers, as the procedures listed therein are for a special group of ECF filers, such as Non-Attorney Filers and Attorneys who do not meet the requirements for full access .

September 10, 2007

 Document Event Modifications  

In ECF Databases:  A new drop down listing of document events has been uploaded into both the "live" and "training" ECF databases.  The prior document event listing generally started with "Motion for" or "Notice of" wherein the actual type of motion or notice was embedded  within the document event. To assist you in locating the document event easier and quicker, the leading words such as "motion" and "notice' have been moved  to the end of the document event; therefore, the type of motion or notice is listed first.  For example:  "Motion for Relief from Stay (CSD 1160 & 1163)(fee)" is now listed as  "Relief from Stay (Motion) (CSD 1160 & 1163) (fee)" and "Notice of Filing of a Motion for Relief from Stay (CSD 1185)" is now "Relief from Stay (Notice)(CSD 1185)". The majority of the changes are in the Motions and Notices category.

In Attorney Online Manual:  The name of the procedure has not changed - ie: Motion for Relief from Stay.  However, the "Select Document Event" step within the procedure contains the modified document event.

August 22, 2007

Closed Bankruptcy Case Message:  

Filing documents in a closed bankruptcy case:  The  ECF system will notify the filer with the following message: "WARNING! 00-000 is closed.  Refer to Local Rule 5010 on reopening case, if applicable."  The following dates will appear in red, if applicable:  CASE CLOSED on 00/00/00 - CASE DISMISSED on 00/00/00  - CASE CONVERTED on 00/00/00

 Opening a new adversary case in a closed bankruptcy case:  The  ECF system will notify the filer with the following message:"WARNING! 00-000 is closed.  Refer to Local Rule 5010 on reopening case" Open an Adversary Case procedure has been updated to include the change in screen sequence; ie - entering the related Bankruptcy Case number appears on the second screen before adding the plaintiff screen.

July 26, 2007

Updated Procedure: The Statement of Position procedure, which can be found in the Miscellaneous and Trustee/US Trustee categories,  replaces and consolidates the previous document events - Statement of Position and Request for Hearing, Statement of Position by US Trustee and Statement of Position by US Trustee and Request for Hearing - into one.  The document event Statement of Position (with or without Hearing) allows the filer to select the type of Statement of Position being filed.

July 13, 2007

Updated Procedure: To file a Motion for Temporary Restraining Order and Injunctive Relief, select  Motion for Temporary Restraining Order, as it has been updated to allow the filer to select the type of motion being filed: temporary restraining order or temporary restraining order and injunctive relief.  

July 5, 2007

Updated Procedures: Reaffirmation Agreement (CSD 1226 & 1229)(BNC) (for attorney use) and Reaffirmation Agreement (CSD 1226 & 1229) (for Out-of-State & Non-Attorney Filers) have been updated to include the updated CSD 1226 form for filing Reaffirmation Agreements in cases filed on or after 10/17/05.

June 14, 2007

Updated Procedure: The Notice of Chapter 13 Trustee's Interim Final Report (batch filing) procedure has been updated to emphasize that  Pre-BAPCA cases (filed prior to 10/16/05) and Post-BAPCA cases (filed after 10/16/05) should not be batch filed together.  

June 12, 2007

New and Updated  Procedures:

New: Application for Stipulation Extending Time to Waive or Object to Discharge

Updated:  The document event in the Motion for Order/Stip Debtors Not Entitled to a Discharge was modified to remove the reference to "11 U.S.C. Sec 1328(f)."

May 30, 2007

New and Updated Restricting Public Access Procedures:

Updated:
Motion to Restrict Public Access, which is requesting the court to bar a document from public view, gives the filer the option to file this Motion prior to filing the document to be restricted.  If you wish to file a sealed document, which is unavailable to both the public and court staff, see Motion to Seal Documents.  If the document to be restricted from public access was already filed, the court will convert the document to a secured image (not available for public access) once the order granting the Motion has been entered on the docket.

New: If the document to be restricted from public access was not filed prior to the order granting the above Motion, see Restricted Public Access - Document (secured image) to electronically file the document as a secured image (not available for public access).

May 25, 2007

New and Updated Ombudsman Procedures:

Updated:  
Motion for Appointment of Ombudsman, which allows the filer to select the type of Ombudsman to be appointed, replaces Motion for Appointment of Health Care Ombudsman.

Appointment of Ombudsman allows the filer to select the type of Ombudsman being appointed

New: Motion Not Appointing Patient Care Ombudsman

May 15, 2007

New Procedures:

Certification of Eligibility for Discharge - Chapter 13 Debtors in a BAPCA case ( filed on or after October 17, 2005) will be receiving, along with the Chapter 13 Trustee's Notice of Interim Final Report, a Certification of Eligibility for Discharge form to be completed by the debtor.  This completed form may be filed electronically via this procedure.

Redacting Sensitive Information from a PDF File - This procedure shows you how to redact sensitive information from an existing PDF document before filing it with the Court. The Professional version of Adobe Acrobat 8 has a redact tool that allows you to find and remove words or phrases in PDF's containing searchable text.  This tool permanently redacts visible text from PDF's.  In place of the removed text, redaction marks can appear as colored, filled boxes. 

May 9, 2007

Important Reminders for Filing New Bankruptcy Cases:

Exhibit D is required to be included as part of the petition at the time of filing a new bankruptcy case for individual debtors. For a joint petition, a separate Exhibit D must be filed for the debtor and joint debtor.   

The following documents must be filed as separate documents at the time of filing or within 15 days of filing a new bankruptcy case:  
Declaration of Electronic Filing is required for all chapters

Statement of Social Security Number (B21) and  Certificate of Credit Counseling are required for all individual cases.

Certificate of Exigent Circumstances Re: Certificate of Credit Counseling (CSD 1025) or Motion for Exemption of Credit Counseling (CSD 1027) may be required for individual cases, if indicated on Exhibit D.

Tax Returns are required for certain Chapter 11 cases

Chapter 13 Plan is required for Chapter 13 cases.

In the event these documents are included in the "Voluntary Petition.pdf," extract them as separate pdf documents before attaching the "Voluntary Petition.pdf" to the new bankruptcy case.  See Extracting Pages from PDF File.

May 1, 2007

New Procedures:

 The Declaration Re: Electronic Filing and the Statement of Social Security Number (B21) may be filed electronically providing the original signature(s) in a scanned format, pursuant to G.O. 162 and CSD 1800 - Administrative Procedures for Filing, Signing and Verifying Pleadings and Papers by Electronic Means ( "/s/ typed name of debtor" will not be accepted.).  The Statement of Social Security Number (B21) will be in a secured image - not available for public view.

Chapter 7 Trustee's Notice of Debtor's Failure to File Income Tax Return is a paperless entry, which does not require a pdf .

March 13, 2007

Updated Procedures:

Request for Special Charges by Chapter 11 Plan Proponent  is now a paperless entry, as it no longer requires the CSD 1148 court form to be attached.  The filer will be prompted to enter the Confirmation Hearing date.  For consolidated cases, a prompt to enter the consolidated case numbers will appear.

March 6, 2007

Updated Procedures:

Chapter 7 Trustee's Final Report and Account - As this document is required to be routed to the US Trustee's office prior to submission to the Court, this procedure has been updated with instructions for sending documents to the US Trustee.

Motion to Reopen Case has been updated to include three reasons for reopening a case: to permit party to file a complaint; a creditor is violating the terms of the discharge; and for all other reasons.  A fee will only be charged for a "for all other reasons" reopen.

Request for Issuance of Writ of Attachment or Execution - This procedure has been updated to inform the filer that both the Request for Issuance of Writ of Attachment (CSD 3055) and Writ of Attachment (CSD 3056) or Request for Issuance of Writ of Execution (CSD 3057) and Writ of Execution (CSD 3058) are required at time of filing.  The signed Writ of Attachment or Writ of Execution with seal will be returned to filer by mail.

February 6, 2007

Updated ECF Menu Bar:

ECFMenu.jpg

Two new categories have been added to the ECF menu bar:

Online Manual accesses the Attorney/Trustee Online Manual in a separate screen, which allows the filer to set up the Manual side by side with the ECF screen by following these instructions.

Search DocEvents allows the filer to search for document events by entering a key word.  The document event/type with the key word will appear under its appropriate category. Continue to file the document by clicking on the hyperlinked category.

January 12, 2007

Modified Document Events:

The filing of a Certificate of Credit Counseling for a joint debtor case has been simplified to selecting debtor and/or joint debtor on one screen.

January 4, 2007

Credit Card Payments -  Beginning February 1, 2007, use of the Credit Card Security Code will become mandatory with Pay.gov.  Although the security code field has been on the data entry screen as an optional field, it will become a required field, as an additional protection to credit card holders, effective February 1, 2007. For further information regarding Credit Card Security Codes, click here.

The Public Calendar Report allows attorneys to view a list of cases scheduled for a 341 Meeting on a specified date and allows entry of a case number for locating a pending 341 Meeting date, if applicable. 

January 4, 2007

New Document Events:
Motion to Convert Case from Chapter 12 to 11 and Motion to Convert Case from Chapter 12 to 13

Modified Document Events:
Motion to Reopen Case replaces and consolidates the Motions to Reopen Chapters 11, 12, 13, and 7 Cases into one procedure.

Motion for Order/Stip Debtors Not Entitled to a Discharge 11 USC Sec 1328(f) replaces Motion for finding that debtors not entitled to a discharge

December 5, 2006

The following Applications for Compensation: Application for Compensation & Reimbursement of Expenses; Application for Final Professional Compensation and Application for Interim Professional Compensation have been consolidated into Application for Compensation, wherein the filer will select the type of compensation requested.

November 16, 2006

Attention Large Claims Filers - you may apply for limited access to a bankruptcy court's CM/ECF system to file claims in batches from 1 to 25.  For more information, access the  Claims Upload procedure.

November 8, 2006

The following case opening procedures have been updated to comply with the Version 3.1 updates to ECF:

The Open a Bankruptcy Case procedure has been modified for the following chapters:  Chapter 7, Chapter 11 Individual , Chapter 11 Corporation, and Chapter 13.

Open an Adversary Case and Open an Involuntary Case have also been updated.

October 17, 2006

Version 3.1 has been uploaded into the ECF system. The procedures have been updated
to comply.

August 17, 2006

The following procedures have been updated to comply with the Version 3 updates to ECF:

Case Opening Procedures - case opening screens are now party-specific.

Open a Bankruptcy Case - Search for a Debtor / Search for a Joint Debtor
Open an Involuntary BK Case - Search for a Petitioning Creditor / Search for a Alleged Debtor
Open an Adversary Case - Search for a Plaintiff / Search for a Defendant
 

File Claims  - when filing an amended claim, ECF System allows entry of original claim # (of claim to be amended). The amended claim information will spread to the original claim on the Claims Register.

Claims Register - can now be accessed through Query, as well as Reports.

Claim Actions - the following procedures allow for the information to be spread to the Claims Register:

Assignment/Transfer of Claim
Assignment/Transfer of Claim (NonAtty)
Withdrawal of Claim
Withdrawal of Claim (NonAtty)
Objection to Claim and Notice Thereof (CSD 2015)

Request for Special Notice / Request for Special Notice (NonAtty) - this formerly two-part process, wherein the Request was filed and then the Creditor was added to the Creditor Matrix for noticing purposes, is now a one-step process wherein the party requesting special notice is added to the Creditor Matrix during the filing of the Request. The Request for Special Notice procedure for attorneys can also be found under the Batch and Multi-Case Filings categories. Non- Attorney filers can file the Request for Special Notice with a pdf attachment or without (paperless) under Claims & Miscellaneous Filings.

The below US Trustee procedures, pertaining to the determination of presumed abuse, are located under the Trustee/US Trustee category. For multiple-case filing, access these procedures under the Batch category.

Supplemental to Inability to Determine - No Presumed Abuse
Supplemental to Inability to Determine - Presumed Abuse
UST 10-Day Statement of Inability to Determine Presumed Abuse
UST 10-Day Statement of No Presumed Abuse-Change of Status
UST 10-Day Statement of Presumed Abuse
UST 10-Day Supplemental Statement of No Presumed Abuse

 

July 5, 2006

Paying Fees Online: In the event the "Pop-Up" blocker prevents your Pay Screen from appearing, see the following instructions.

June 22, 2006

NEW!   CSD FORM 1013 - Have You Completed Credit Counseling?

New form CSD 1013, titled Have You Completed Credit Counseling?, reminds debtors and attorneys of the requirement to seek and obtain credit counseling prior to filing bankruptcy, pursuant to 11 U.S.C. sec. 109(h).

Modified  CSD Form 1025 - Certificate Of Exigent Circumstances And Request For Extension Of Time To File Certificate Of Credit Counseling Pursuant to 11 U.S.C. 109(h)(3).

CSD form 1025, titled Certificate of Exigent Circumstances and Request for Extension of Time to File Certificate of Credit Counseling Pursuant to 11 U.S.C. sec. 109(h)(3), has been modified. The Court requires that information be provided on CSD form 1025 regarding which approved nonprofit budget and credit counseling agency was contacted and the date on which the services were requested.

Rename of document event (effective 06/23/06)

Notice of Intent to Pay Additional Claims has been renamed to Notice of Allowance of Additional Claims.

 

New Procedure (effective 04/07/06)

Financial Management (B23)  This document event is for filing the B23 when indicating that "no personal financial management course is required." If filing the Financial Management Course Certificate, in which the B23 is also required, see the  Financial Management Course Certificate procedure. 

New procedures (effective 3/29/06)

Application for Authority to Refinance Debt on Real Property

Declination Statement Pursuant to USC Sec. 704(b0(2)

Motion for Deconsolidation

Motion to Bifurcate Chapter 7 Case

Motion to Bifurcate Chapter 13 Case

Motion to Cancel Chapter 11 Meeting of Creditors

Motion to Convert Case form Chapter 7 to 11 and Motion to Covert Case from Chapter 13 to 11 has replaced Motion to Convert Case from 7 or 13 to Chapter 11.

Motion to Delay Discharge

Motion to Determine Value of Property

Motion to Expunge

Motion to Increase Assurance Payment

The below procedures have been renamed. Click on the hyperlink to view the procedure. (effective 3/29/06)

UST Statement of No Determination of Presumed Abuse (paperless entry)(BNC) has been renamed to UST 10 - Day Statement of No Determination...

UST Statement of No Presumed Abuse - Change of Status (paperless entry)(BNC) has been renamed to UST 10 - Day Statement of No Presumed Abuse...

UST Statement of Presumed Abuse (paperless entry)(BNC) has been renamed to UST 10 - Day Statement of Presumed Abuse...

UST Statement of No Means Testing Documents Filed (paperless entry)(BNC) has been replaced by the NEW UST 10 - Day Supplemental Statement of No Presumed Abuse (paperless entry)(BNC) doctype.

Certificate of Exigent Circumstances and Request for Extension of Time (CSD 1025) has bee renamed to Certificate of Exigent Circumstances and MOTION for Extension of Time (CSD 1025)(BNC). The filed document will alert the office of the UST of the Motion for extension of time.

Tax Documents (secured image) has been renamed to Tax RETURNS (secured image)

Request for Exemption of Credit Counseling and Notice of Opportunity for Hearing (CSD 1027) has been renamed to MOTION for Exemption...

Motion to Extend Automatic Stay (effective 2/2/06) - New Document Event

Motion to Impose Automatic Stay (effective 2/2/06)  - New Document Event

ECF Filing Tips and Terms (effective 2/1/06) - Has been added to the Content Index. This document explains filing tips and terms used during ECF training.

Notice of Hearing and Motion to Extend or Impose Automatic Stay (CSD 1158) (effective 1/24/06)

Stipulation Extending Time to Object to Discharge (effective 01/23/06)

Notice of Removal of Case (effective 11/17/05)  - has been updated to include all steps required to file the removed case to the Southern District of California's bankruptcy court.  

The following procedures have been added in relation to the Bankruptcy Bill. If questions arise due to the procedures please contact the court at 557-5620.

Application to Extend Time under Sec. 362(h) or 521
Appointment of Ombudsman
Certificate of Cure of Entire Residential Judgment
Certificate of Exigent Circumstances re: Credit Counseling and Request for Extension of Time
Certification of Protection of Property from Damage
Chapter 11 Small Business Plan
Debtor Repayment Plan
Decision Commencing Foreign Proceeding
Domestic Support Obligations
Expenses Re: Family Violence Protection Services (secured image)
Financial Management Course Certificate
First Chapter 7 Installment Payment (fee)
Motion Confirming No Stay is in Effect
Motion Declining Dismissal of Case
Motion for Access to Tax Documents
Motion for Appointment of Health Care Ombudsman
Motion for Exemption from Financial Management Course
Motion for Exemption from Means Test (Chp 7)
Motion for Reinstatement of Retiree Benefits
Motion for Sale of Property and Directing Appointment of Ombudsman
Motion to Avoid Lien on Household Goods (522(f)(1)(B)(i)
Motion to Restrict Public Access
Request for Copy of Debtor's Tax Information
Small Business Balance Sheet
Small Business Cash Flow Statement
Small Business Statement of Operations
Statement of Currently Monthly Income (Chp 11) (Form 22B)
Statement of Good Faith Filing
Tax Documents (secured image)
UST Statement of No Determination of Presumed Abuse (paperless entry) (BNC)
UST Statement of No Means Testing Documents Filed (paperless entry) (BNC) - also available in Mutli-Case Filings.
UST Statement of No Presumed Abuse - Change of Status (paperless entry) (BNC) - also available in Mutli-Case Filings.

Procedures due to the BK Bill (effective October 2005)

*Finding Preferred Creditor's Address 10/18/05

*Register Preferred Creditor's Address 10/18/05

*Statement of Current Monthly Income and Means Test Calculations (Chapter 7) (Form 22A) 10/17/05

*Certificate of Credit Counseling 10/17/05

*Certificate of Exigent Circumstances re: Credit Counseling and Request for Extension of Time 10/17/05

*Financial Management Course Certificate 10/17/05

*Motion to Restrict Public Access 10/17/05

*Request for Exemption for Credit Counseling under Section 109(h)(4) 10/17/05

*Statement of Current Monthly Income and Disposable Income (Chapter 13) (Form 22C) 10/17/05

*Notice of Override of Preferred Creditor Address 10/17/05

*Application for Waiver of the Chapter 7 Filing Fee 10/17/05

*Case Upload (modified) 10/17/05

*Open a BK Case (modified) 10/17/05

Adversary Filing Fee Increase
The filing fee for an Adversary case will increase from $150 to $250, effective Tuesday, September 20, 2005. View the current Fee Schedule page.

Involuntary Petition and Request for Issuance of Involuntary Summons (CSD 1119) procedures have been added to the manual. These procedures can be located in the Open an Involuntary Case folder.

Motion to Extend Time to Object to the Discharge is a new document event for requesting an extension of time to file an adversary complaint which is objecting to the discharge in the main bankruptcy case.

Objection to Trustee's Final Account is a new document event for objecting to the trustee's Final Account.

Chapter 7 Trustee's Report of No Distribution in Converted Asset Case is a new document event which allows the chapter 7 trustee to be discharged from the chapter 7 case that was converted to a 11, 12, or 13 case.

Updated Procedures:
The document event for filing a Withdrawal of Claim for both attorneys and non-attorney filers has been modified to Withdrawal of Claim (BNC). This will allow the notice to be generated automatically.

Send Docs to UST and E-Reports (effective April 2005)
The Send Docs to UST is an ECF function, from the Bankruptcy menu, that allows the interim trustee to submit reports to the United States Trustee’s office for review. The report types are Final Report, Final Account and Special NDR’s. When the trustee submits the report to the UST’s office, the UST Reviewer will receive an email notification of the report in their in-box.  This report can be found in the Route Documents to UST folder on the index.

E-Reports is the ECF function that allows the UST’s office to review and process the report. Once the report is ready for approval, the report is forwarded to the UST’s attorney. The UST’s attorney reviews the approved report and then submits the report via the Reports Activity report. When the UST’s attorney submits the report, it will automatically docket itself to the appropriate case. These reports can be found in the Route Documents to UST folder on the index.

E-Reports are available through the Reports menu on the ECF menu. E-Reports has three functions for reviewing by the UST’s office.

• Audit Trail - Used to determine where all reports are in the process. This is a view only report.

• Due Date Report - Used to tracks the amount of time for processing reports. Date is calculated from the date the interim trustee submitted the report plus 45 days.

• Report Activity - This report is used to process the report from the time that it is submitted to when it is approved. The user can modify reports, upload the Fee Distribution Worksheet amounts, send emails to the appropriate parties and send the reviewed report for final approval to the UST’s attorney.

New Procedures: Notice of Hearing and Motion (dismiss/convert) by US Trustee (CSD 2010)  replaces Request for Notice of Motion and Hearing (hrg/11to7).  US Trustee will use this new CSD 2010 Form in lieu of  CSD 1181.  Attorneys will continue to use CSD 1181 (Notice of Hearing and Motion).

Modified Procedures (effective April  4, 2005) The noticing period for the below notices has returned to 31 (28 +3) days from 36 (28 + 8) days. You will no longer have to "Enter the date of notice by signature" nor "Verify Request for Hearing and Opposition due date." The opposition due date period will be triggered by the Certificate of Service date, which will be auto docketed two days after the notice is generated by the Court. Click on the hyperlink to see further instructions.

Notice of Chapter 13 Trustee's Interim Final Report, Notice of Chapter 13 Trustee's Interim Final Report (Batch Filing), Notice of Proposed Abandonment of Property, Notice of Proposed Auction, Notice of Public Sale and Invitation for Better Offer, Notice of Intent to Distribute Estate, and Notice of Intended Action and Opportunity for Hearing (CSD 2062) (Trustee Use Only).

Objection to Lodged Order with Service (effective March 2005) New Document Event - When filing an objection to a lodged order, the filer must attach the proof of service as a supportive document and attach the Alternate Order as an exhibit. Then after filing the objection, the filer will submit the order via Order Upload.

Request for Abstract of Judgment (CSD 3059) (effective March 2005) - This document event has been added to the online manual. Abstracts can now be request electronically. No Praecipe (CSD 1526) is required when requested electronically.

Order Upload (effective February 2005)
The Order Upload procedure has been modified to include instructions to submit orders in batch via the Adversary ECF menu.

New Attorney/Trustee Online Manual (effective January 2005)
This manual has been upgraded to include a search engine which makes it easier to
locate procedures. To the left of the manual is a Navigation column that displays
three buttons, 1)Contents, 2) Index and 3) Search.

Contents - Displays all available procedures by CM/ECF category as on the Version
2 Category Document Type Directory.

Index - Displays all available key words alphabetically.

Search - Displays a field box which allows the user to type a keyword, such as the
document event’s name and will then list available procedures with that keyword.

Please look around and bookmark this page. And as always we look forward to your
feedback.   

Susana Estrada
susana_estrada@casb.uscourts.gov
619-557-6776