United States Bankruptcy Court for the Central District of California
10/22/2024 | Press release | Distributed by Public on 10/22/2024 20:00
Revisions to Local Bankruptcy Rules and Forms Effective October 21, 2024
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Revisions to Local Bankruptcy Rules and Forms Effective October 21, 2024
Tuesday, October 22, 2024
News Category:
Public Notice
The Board of Judges for the United States Bankruptcy Court, Central District of California, approved the following amendments to the Court's Local Bankruptcy Rules (LBRs) that become effective October 21, 2024:
| Summary of LBR Amendments | ||
| LBR | LBR Title | Type of Amendment |
| LBR 1016-1 | Death or Incompetency of Debtor | To clarify the process for administering the estate after death or incompetency of the debtor and to require a motion. |
| LBR 2002-1(f) | Notice of Hearing on Chapter 15 Petition for Recognition | To align the existing rule with a national rule revision, requiring notice rather than a summons, per Federal Rules of Bankruptcy Procedure Rule 2002(q). |
| LBR 2015-3 | Preconfirmation Requirements for Subchapter V Debtors, Debtors in Possession, and Trustees | To add meeting and reporting requirements for the Subchapter V debtor. |
| LBR 2016-1 | Compensation of Professional Persons |
To allow Subchapter V Trustees to request a retainer or assurance of payment for services rendered. |
| LBR 2090-1(b) |
Pro Hac Vice Appearance |
To require one application per case and for all associated adversary proceedings. |
| LBR 6007-1 | Abandonment of Property of the Estate | To require a declaration, specify procedures for a reply and setting a hearing, and minor revisions to avoid duplication of the national rule. |
| LBR 7030-2 | Transcripts of Additional Oral Examinations | To apply the same procedure for transcripts of depositions to transcripts for examination under Federal Rules of Bankruptcy Procedure Rule 2004 or transcripts for a meeting of creditors. |
| LBR 9004-1 | Form of Documents Filed or Lodged with Court, or Served | To make the requirements for served documents the same as for filed documents. |
| LBR 9011-1 | Signatures | To allow for electronic signatures with robust safeguards against fraud. |
| LBR 9013-1 |
Motion Practice and Contested Matters |
To add a new subsection, LBR 9013-1(r), with text from LBR 9019-1, clarifying that not all consensual resolutions of motions are "settlements requiring court approval under Federal Rules of Bankruptcy Procedure 9019. |
| LBR 9019-1 | Compromise of Controversy | To add requirement that settlement motions cross reference any adversary proceedings that are being settled, note if settlement does not include all parties, and include the same information in the adversary proceeding. |
| LBR 9070-1 | Exhibits Used as Evidence to Support Live Testimony | To clarify procedures regarding exhibits for trial or evidentiary hearings. |
| LBR 9074-1 | Appearances at Court Hearings by Telephone, Videoconference, or In Person | To expand the existing rule to include appearances by video. |
| New and Revised LBR Form | LBR Form Title |
|
F 2002-1.4.ORDER.AND |
Order and Notice Setting Hearing on Chapter 15 Petition for Recognition of Foreign Proceeding |
| F 2090-1.2.APP.NONRES.ATTY | Application of Non-Resident Attorney to Appear Pro Hac Vice in A Specific Bankruptcy Case And/Or Adversary Proceeding(s) |
| F 2090-1.2.ORDER.NONRES.ATTY | Order On Application of Non-Resident Attorney to Appear Pro Hac Vice in A Specific Bankruptcy Case And/Or Adversary Proceeding(s) |
| F 9011-1.SIGNATURE.VERIF.DEC | Declaration Verifying Software Generated Signature(s) |
| New and Revised LBR Form | LBR Form Title |
| F 2085-1.1.SUMMONS.CH15 | Summons And Notice of Hearing on Petition Pursuant to 11 U.S.C. Chapter 15 For Recognition of A Foreign Nonmain Proceeding [FRBP 1010(a)] |
| F 3001-1.REQ.TRANSFER.CLAIM | Request For Issuance of Notice of Transfer of Claim Pursuant to FRBP 3001(e) |
| F 3001-1.NOTICE.TRANSFER.CLAIM | Notice of Transfer of Claim Pursuant to FRBP 3001(e) |
The revised LBR forms are available for free on the Court's website www.cacb.uscourts.gov under the Forms tab. The online PDF versions of the Court's forms are pdf fillable and can be completed and saved to any computer that has Adobe Acrobat Reader (Adobe Acrobat Reader is available for free at (http://get.adobe.com/reader(link is external)). Printed versions of the forms are also available for a fee at the Intake sections of each of the Court's divisions.
KATHLEEN J. CAMPBELL
CLERK OF COURT
PN 24-018