Lbrs Complete 6-2010

LOCAL BANKRUPTCY RULES
EFFECTIVE JANUARY 4, 2010
UNITED STATES BANKRUPTCY COURT

CENTRAL DISTRICT OF CALIFORNIA
Edward R. Roybal Federal Building

255 East Temple Street
Los Angeles, California 90012
(213) 894-3118
www.cacb.uscourts.gov
[BLANK PAGE]
TABLE OF CONTENTS
1001-1 TITLE, APPLICATION, AND SCOPE OF RULES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
(a) Title and Citation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
(b) Application and Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
(c) Application to Persons Appearing Without Counsel . . . . . . . . . . . . . . . . . . . . . . . 1
(d) Modification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
(e) Procedure in Absence of Rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
(f) Sanctions for Noncompliance with Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
(g) Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1001-2 RULES OF CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
(a) Construction of Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
(b) Gender; Plurals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1002-1 PETITION – GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
(a) Debtor’s Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
(b) Attorney Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
(c) Number of Copies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
(d) Incomplete Petitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
(e) Redaction of Personal Identifiers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
(f) Effect of Failure to Specify Necessary Information . . . . . . . . . . . . . . . . . . . . . . . . . 4
(g) Joint Petitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
1006-1 FILING FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
(a) Payment of the Filing Fee in Installments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
(b) Waiver of Chapter 7 Filing Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
i 01/10
1007-1 LISTS, SCHEDULES, AND STATEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
(a) Master Mailing List . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
(b) Amendment of Master Mailing List . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
(c) Partnerships, Corporations, and Limited Liability Companies . . . . . . . . . . . . . . 6
(d) Verification of Completeness and Accuracy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
(e) Extension of Time to File Schedules, Statements, and Other Documents . . . . . . 6
1007-4 DISCLOSURE OF CORPORATE RELATIONSHIPS . . . . . . . . . . . . . . . . . . . . . . . . . . 6
(a) Mandatory Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
(b) Supplemental Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
1010-1 INVOLUNTARY PETITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
1015-1 CONSOLIDATION AND JOINT ADMINISTRATION . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
(a) Joint Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
(b) Joint Administration of Cases Pending in the Same Court . . . . . . . . . . . . . . . . . . 7
(c) Joint Administration/Substantive Consolidation . . . . . . . . . . . . . . . . . . . . . . . . . . 7
1015-2 RELATED CASES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
(a) Definition of Related Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
(b) Disclosure of Related Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
1017-1 CONVERSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
(a) Conversion Upon Debtor’s Request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
(b) Additional Fees Upon Conversion of a Case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
1017-2 DISMISSAL OF CASE OR SUSPENSION OF PROCEEDINGS . . . . . . . . . . . . . . . . . 9
(a) Dismissal for Failure to File Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
(b) Dismissal of Chapter 7 Case for Failure to Attend Meeting of

Creditors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
(c) Notice of Dismissal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
ii 01/10
(d) Reinstatement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
(e) Refiling of Dismissed Case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
(f) Motion to Dismiss or Suspend Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
1071-1 DIVISIONS – PLACE OF FILING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
(a) Filing of Petition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
(b) Petition Filed in Wrong Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
(c) Filing of Papers Other Than a Petition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
1073-1 ASSIGNMENT OF CASES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
(a) New Petitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
(b) Assignment or Reassignment of Related Cases and Proceedings . . . . . . . . . . . . 11
(c) Motion for Reassignment or Consolidation of Related Cases . . . . . . . . . . . . . . . 11
(d) Reassignment of Cases or Proceedings Due to Recusal . . . . . . . . . . . . . . . . . . . . 11
(e) Assignment of Miscellaneous Matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
(f) Nonlimitation of Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2002-1 NOTICE TO AND SERVICE UPON CREDITORS AND

OTHER INTERESTED PARTIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
(a) Request for Special Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
(b) Mailing List in Chapter 9 and 11 Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
2002-2 NOTICE TO AND SERVICE UPON THE UNITED STATES OR

FEDERAL AGENCIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
(a) United States Trustee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
(b) United States Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
(c) Internal Revenue Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
2004-1 MOTIONS FOR EXAMINATION UNDER FRBP 2004 . . . . . . . . . . . . . . . . . . . . . . . . 15
(a) Conference Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
iii 01/10
(b) Motion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
(c) Notice and Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
(d) Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
(e) Subpoena . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
(f) Protective Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
(g) Disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
2010-1 BONDS OR UNDERTAKINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
(a) Bonds, Undertakings, Approval, Third-party Sureties, Security,

and Qualification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
(b) Certificate by Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
(c) Approval of Judge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
(d) Consent to Summary Adjudication of Obligation . . . . . . . . . . . . . . . . . . . . . . . . . 17
(e) Bonds of Trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
2014-1 EMPLOYMENT OF DEBTOR AND PROFESSIONAL PERSONS . . . . . . . . . . . . . . 18
(a) Employment of Debtor’s Principals or Insiders in Chapter 11 Cases . . . . . . . . 18
(b) Employment of Professional Person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
(c) Reconsideration of Employment Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
2015-2 REQUIREMENTS FOR CHAPTER 11 DEBTORS IN POSSESSION OR

CHAPTER 11 TRUSTEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
(a) Reports Before Confirmation of Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
(b) Duty to Comply With Requirements of the United States Trustee Notices
and Guides . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
(c) Interim Statements and Operating Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
(d) Duties Upon Conversion to Chapter 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
2016-1 COMPENSATION OF PROFESSIONAL PERSONS . . . . . . . . . . . . . . . . . . . . . . . . . . 22
(a) Interim Fee Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
iv 01/10
(b) Motions to Approve Compensation Procedures in Chapter 11 Cases,
Including Monthly Draw-down and Contingency or Success Fee
Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
(c) Final Fee Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
(d) Fee Examiner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
2016-2 COMPENSATION AND TRUSTEE REIMBURSEMENT PROCEDURES

IN CHAPTER 7 ASSET CASES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
(a) Authorization to Use Estate Funds Up to $1,000 to Pay Certain Expenses . . . . 26
(b) Bond Premiums and Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
(c) Expenses for Preparation of Tax Returns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
(d) Emergency Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
(e) Procedures for Employment of Paraprofessionals and Payment of

Paraprofessional Fees and Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
(f) Cash Disbursements Motion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
(g) Nonexclusive Remedy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
2070-1 CHAPTER 7 OPERATING CASES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
(a) Periods Not Exceeding 30 Days . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
(b) Periods Exceeding 30 Days . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
(c) Authorization Not to Exceed 1 Year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
(d) Disbursement of Estate Funds Pending Authorization . . . . . . . . . . . . . . . . . . . . . 31
(e) Effect of Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
2072-1 NOTICE TO OTHER COURTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
(a) Notice of Bankruptcy Petition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
(b) Effect of Not Giving Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
2081-1 CHAPTER 11 CASES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
(a) Motions Requiring Emergency or Expedited Relief . . . . . . . . . . . . . . . . . . . . . . 31
v 01/10
(b) Prepackaged Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
(c) Severance Compensation or Employee Incentive Motions . . . . . . . . . . . . . . . . . 33
2085-1 CHAPTER 15 CASES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
(a) Chapter 15 Motions – Form and Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
(b) Authorization to Act in a Foreign Country . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
(c) Requirement to Obtain Order for Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
(d) Motion for Comity or Cooperation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
(e) Advice of Foreign Representative’s Intent to Commence a Case Under

11 U.S.C. § 1511 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
(f) Filing Proof of Claim or Equity Security Interest by Foreign Creditor or

Equity Security Holder in Chapter 7 Liquidation, Chapter 9 Municipality,
or Chapter 11 Reorganization Case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
(g) Application for Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
(h) Relief from Automatic Stay; Prohibiting or Conditioning Use, Sale, or

Lease of Property; Use of Cash Collateral . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
(i) Adversary Proceedings under FRBP 7001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
(j) Protection of Creditors and Other Interested Persons . . . . . . . . . . . . . . . . . . . . . 36
(k) Intervention by a Foreign Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
(l) Cooperation and Direct Communication Between the Trustee and

Foreign Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
(m) Protocols . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
(n) Recognition of Domestic Case as a Main or Non-main Proceeding . . . . . . . . . . 36
(o) Final Report by Foreign Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
(p) Foreign Authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
(q) Court-to-court Communication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
2090-1 ATTORNEYS – ADMISSION TO PRACTICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
(a) Appearance Before the Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
vi 01/10
(b) Pro Hac Vice Appearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
(c) Attorneys for the United States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
(d) Professional Corporations, Unincorporated Law Firms, and In-house

Attorneys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
(e) Law Student Certification for Practice in Bankruptcy Court . . . . . . . . . . . . . . . 43
2090-2 ATTORNEYS – DISCIPLINE AND DISBARMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
(a) Standards of Conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
(b) Disciplinary Authority of Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
2091-1 ATTORNEYS – WITHDRAWAL, SUBSTITUTION, AND

CHANGE OF ADDRESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
(a) Motion for Withdrawal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
(b) Consensual Substitution of Counsel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
(c) Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
(d) Corporation, Partnership, Unincorporated Association, or Trust . . . . . . . . . . . 45
(e) Delay by Withdrawal or Substitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
(f) Change of Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
3001-1 NOTICE OF CLAIMS BAR DATE IN CHAPTER 11 CASES . . . . . . . . . . . . . . . . . . . 47
3007-1 OBJECTIONS TO CLAIMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
(a) Objections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
(b) Notice and Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
(c) Evidence Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
3011-1 PROCEDURE FOR OBTAINING ORDERS RELEASING UNCLAIMED

FUNDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
(a) Form of Motion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
(b) Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
vii 01/10
3015-1 PROCEDURES REGARDING CHAPTER 13 CASES . . . . . . . . . . . . . . . . . . . . . . . . . . 51
(a) Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
(b) Filing and Service of Petitions, Plans, Proofs of Claim, and Other
Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
(c) Meeting of Creditors – § 341(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
(d) Confirmation Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
(e) Personal Property, including Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
(f) Domestic Support Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
(g) Objections to Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
(h) Amendments to Plan Prior to Confirmation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
(i) Amendments to Plan at the Confirmation Hearing . . . . . . . . . . . . . . . . . . . . . . . . 56
(j) Objections to Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
(k) Plan Payments to Chapter 13 Trustee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
(l) Chapter 13 Trustee’s Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
(m) Payments on Mortgages or Trust Deeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
(n) Modification of Confirmed Plan or Suspension of Plan Payments . . . . . . . . . . . 59
(o) Tax Returns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
(p) Sale or Refinance of Real Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
(q) Dismissal or Conversion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
(r) Motions Regarding Stay of 11 U.S.C. § 362 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
(s) Postconfirmation Adequate Protection Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
(t) Discharge Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
(u) Attorney Representation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
(v) Attorneys’ Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
(w) Motions and Applications Filed on Notice of Opportunity to Request

a Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
viii 01/10
(x) Service of Motions and Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
3016-1 FORM OF CHAPTER 11 PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
3016-2 FORM OF CHAPTER 11 DISCLOSURE STATEMENT . . . . . . . . . . . . . . . . . . . . . . . 66
3017-1 CHAPTER 11 DISCLOSURE STATEMENT – APPROVAL IN CASE OTHER

THAN SMALL BUSINESS CASE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
(a) Notice of Hearing on Motion for Approval of Disclosure Statement . . . . . . . . . 66
(b) Objections to Disclosure Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
3017-2 CHAPTER 11 DISCLOSURE STATEMENT – APPROVAL IN

SMALL BUSINESS CASE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
(a) Conditional Approval of Disclosure Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
(b) Procedure for Requesting Conditional Approval of Disclosure Statement . . . . 66
(c) Objections and Hearing on Final Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
3018-1 BALLOTS – VOTING ON CHAPTER 11 PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
(a) Ballot Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
(b) Amended Ballot Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
3020-1 CHAPTER 11 PLAN CONFIRMATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
(a) Payment of Special Charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
(b) Postconfirmation Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
(c) Effect of Failure to File Postconfirmation Reports . . . . . . . . . . . . . . . . . . . . . . . . 68
(d) Final Decree in Chapter 11 Case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
4001-1 STAY OF 11 U.S.C. § 362 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
(a) General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
(b) Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
(c) Motion for Relief from Automatic Stay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
(d) Motion for Extension or Imposition of Stay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
(e) Motion for Order Confirming Termination of Automatic Stay . . . . . . . . . . . . . 70
ix 01/10
(f) Deposit of Rent under 11 U.S.C. § 362(l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
(g) Relief from Automatic Stay to Proceed in Another Forum . . . . . . . . . . . . . . . . . 71
4001-2 CASH COLLATERAL AND FINANCING ORDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
(a) General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
(b) Provisions to be Identified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
(c) Summary of Essential Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
(d) Use of Form for Cash Collateral and/or Debtor in Possession Financing
Stipulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
(e) Interim Relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
(f) Final Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
4003-2 LIEN AVOIDANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
(a) General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
(b) Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
(c) Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
(d) Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
4008-1 REAFFIRMATION AGREEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
(a) Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
(b) Reaffirmation without Representation or Certification by Debtor’s

Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
(c) Deadline for Filing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
(d) Hearing and Approval by Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
5003-2 RECORDS AND FILES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
(a) Records and Files . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
(b) Removal of Contraband . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
(c) Confidential Court Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
x 01/10
5005-1 FILING PAPERS – REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
5005-2 FILING PAPERS – NUMBER OF COPIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
(a) Number of Copies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
(b) Conformed Copies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
(c) Request for Court Conformed Copy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
(d) Judge’s Copy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
5005-4 ELECTRONIC FILING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
(a) Mandatory Electronic Filing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
(b) CM/ECF Procedures Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
(c) Exceptions to Mandatory Electronic Filing Requirement . . . . . . . . . . . . . . . . . . 77
5010-1 REOPENING CASES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
(a) Motion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
(b) Separate Motion or Adversary Proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
(c) Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
(d) Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
(e) Ex Parte Consideration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
(f) Assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
(g) Closing of Case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
5011-1 WITHDRAWAL OF REFERENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
(a) General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
(b) Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
5073-1 PHOTOGRAPHY, RECORDING DEVICES, AND BROADCASTING . . . . . . . . . . . 78
(a) Prohibition of Broadcasting, Television, and Photography . . . . . . . . . . . . . . . . . 78
(b) Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
(c) Enforcement of Rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
xi 01/10
5075-1 MOTIONS FOR ADMINISTRATIVE ORDERS PURSUANT TO
28 U.S.C. § 156(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
(a) General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
(b) Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
5095-1 INVESTMENT OF ESTATE FUNDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
(a) Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
(b) Objection and Request for Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
(c) Designated Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
6004-1 SALE, USE, OR LEASE OF ESTATE PROPERTY . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
(a) General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
(b) Motion for Order Establishing Procedures for the Sale of

Estate Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
(c) Motion for Order Authorizing the Sale of Estate Property . . . . . . . . . . . . . . . . . 82
(d) Notice of Intent to Use, Sell, or Lease Estate Property (Optional

Procedure) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
(e) Sale of Publicly Traded Assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
(f) Publication of Notice of Sale of Estate Property . . . . . . . . . . . . . . . . . . . . . . . . . . 85
(g) Report of Sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
(h) Disbursement of Sale Proceeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
(i) Chapter 13 Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
6007-1 ABANDONMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
(a) Notice of Intent to Abandon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
(b) Motion to Compel Abandonment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
(c) Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
(d) Absence of Objection and Request for Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . 86
(e) Objection and Request for Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
xii 01/10
7003-1 ADVERSARY PROCEEDING SHEET . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
7004-1 ISSUANCE AND SERVICE OF SUMMONS AND NOTICE

OF STATUS CONFERENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
(a) Presentation of Issuance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
(b) Manner of Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
(c) Exception – Statute of Limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
7004-2 LIMITATIONS ON SERVICE BY MARSHAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
(a) General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
(b) Exception . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
7008-1 CORE/NON-CORE DESIGNATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
7015-1 AMENDED AND SUPPLEMENTAL PLEADINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
(a) Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
(b) Service of Allowed Amended Pleading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
7016-1 STATUS CONFERENCE, PRETRIAL, AND TRIAL PROCEDURE . . . . . . . . . . . . . 88
(a) Status Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
(b) Joint Pretrial Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
(c) Plaintiff’s Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
(d) Duty of Parties Other Than Plaintiff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
(e) Non-receipt of Proposed Joint Pretrial Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
(f) Sanctions for Failure to Comply with Rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
(g) Failure to Appear at Hearing or Prepare for Trial . . . . . . . . . . . . . . . . . . . . . . . . 92
7026-1 DISCOVERY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
(a) General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
(b) Discovery Conference and Disclosures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
(c) Failure to Make Disclosures or Cooperate in Discovery . . . . . . . . . . . . . . . . . . . 92
xiii 01/10
7026-2 DISCOVERY DOCUMENTS – RETENTION, FILING, AND COPIES . . . . . . . . . . . 93
(a) Retention by Propounding Party . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
(b) Period of Retention for Discovery Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
(c) Filing of Discovery Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
(d) Copies of Discovery Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
7026-3 INTERROGATORIES AND REQUESTS FOR ADMISSION . . . . . . . . . . . . . . . . . . . 95
(a) Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
(b) Number of Interrogatories Permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
(c) Answers and Objections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
(d) Retention by Propounding Party . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
7030-1 DEPOSITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
(a) Custody of Original Transcript . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
(b) Use of Deposition Evidence in Contested Hearing or Trial . . . . . . . . . . . . . . . . . 95
(c) Deposition Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
7041-1 DISMISSAL OF ADVERSARY PROCEEDING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
(a) Dismissal for Want of Prosecution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
(b) Dismissal for Failure to Appear . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
(c) Reinstatement – Sanctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
(d) Notice of Dismissal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
7052-1 FINDINGS OF FACT AND CONCLUSIONS OF LAW . . . . . . . . . . . . . . . . . . . . . . . . . 96
(a) Preparation and Lodging . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
(b) Findings of Fact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
(c) Conclusions of Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
xiv 01/10
7054-1 TAXATION OF COSTS AND AWARD OF ATTORNEYS’ FEES . . . . . . . . . . . . . . . 97
(a) Who May Be Awarded Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
(b) Prevailing Party . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
(c) Bill of Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
(d) Items Taxable as Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
(e) Objection to Bill of Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
(f) Entry of Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
(g) Motion for Attorneys’ Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
(h) Execution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
7055-1 DEFAULT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
(a) Entry of Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
(b) Motion for Default Judgment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
7056-1 SUMMARY JUDGMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
(a) General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
(b) Motion and Supporting Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
(c) Response and Supporting Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
(d) Reply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
(e) Stipulated Facts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
(f) Facts Deemed Admitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
7064-1 SEIZURE OF PERSONS AND PROPERTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
(a) Issuance of Writ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
(b) Writ or Other Process of Seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
(c) Process Requiring Entry Upon Premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
(d) Eviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
xv 01/10
7065-1 INJUNCTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
(a) Adversary Proceeding Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
(b) Temporary Restraining Orders and Preliminary Injunctions . . . . . . . . . . . . . 102
(c) Approval of Bonds, Undertakings, and Stipulations Regarding Security . . . . 102
7067-1 REGISTRY FUND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
(a) Deposit of Registry Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
(b) Notice to Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
(c) Authorized Depositories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
(d) Timing of Deposit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
(e) Fees Charged on Registry Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
(f) Disbursements of Registry Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
7069-1 ENFORCEMENT OF JUDGMENT AND PROVISIONAL REMEDIES . . . . . . . . . 104
(a) Use of United States Marshal is Discouraged . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
(b) Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
7069-2 DISCOVERY IN AID OF ENFORCEMENT OF JUDGMENT . . . . . . . . . . . . . . . . . 104
(a) Discovery Permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
(b) Rule 2004 Examination Not Permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
8000-1 RULES APPLICABLE TO BANKRUPTCY APPEALS . . . . . . . . . . . . . . . . . . . . . . . 105
(a) Appeals to District Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
(b) Appeals to Bankruptcy Appellate Panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
(c) Direct Appeals to Ninth Circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
8001-1 NOTICE OF APPEAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
8001-3 STATEMENT OF ELECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
xvi 01/10
8003-1 LEAVE TO APPEAL FROM INTERLOCUTORY ORDERS . . . . . . . . . . . . . . . . . . 105
(a) Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
(b) Motion for Leave to Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
(c) Content of Motion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
(d) Answer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
(e) Disposition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
(f) Designation and Transmission of Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
8004-1 SERVICE OF NOTICE OF APPEAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
(a) Service on Parties to Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
(b) Transmission to Appellate Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
8009-1 BRIEFS IN APPEALS TO DISTRICT COURT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
8011-4 EMERGENCY MOTIONS IN APPEALS TO DISTRICT COURT . . . . . . . . . . . . . . 107
8014-1 COSTS ON APPEAL TO DISTRICT COURT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
9001-1 DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
(a) Definition of Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
(b) Terms Not Otherwise Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
9004-1 FORM OF PAPERS FILED OR LODGED WITH COURT . . . . . . . . . . . . . . . . . . . . 112
(a) General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
(b) Signature of Person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
9009-1 FORMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
(a) Official Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
(b) Court-approved Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
(c) Court-mandated Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
(d) Certificate of Substantial Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
xvii 01/10
9011-2 PERSONS APPEARING WITHOUT COUNSEL . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
(a) Corporation, Partnership, Unincorporated Association, or Trust . . . . . . . . . . 113
(b) Individuals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
(c) Minors or Incompetents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
(d) Compliance with Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
9011-3 SANCTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
(a) Violation of Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
(b) Failure to Appear or Prepare . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
(c) Penalties for an Unnecessary or Unwarranted Motion or Opposition . . . . . . . 114
9013-1 MOTION PRACTICE AND CONTESTED MATTERS . . . . . . . . . . . . . . . . . . . . . . . 114
(a) Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
(b) Motion Calendar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
(c) Form and Content of Motion and Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
(d) Time Limits for Service and Filing of Motions . . . . . . . . . . . . . . . . . . . . . . . . . . 115
(e) Proof of Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
(f) Opposition, Joinders, and Responses to Motions . . . . . . . . . . . . . . . . . . . . . . . . 115
(g) Reply Papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
(h) Failure to File Required Papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
(i) Evidence on Motions, Responses to Motions, or Reply Papers . . . . . . . . . . . . . 116
(j) Appearance at Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
(k) Voluntary Dismissal of Motion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
(l) Motion Previously Denied . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
(m) Continuance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
(n) Discovery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
(o) Motions and Matters Not Requiring a Hearing . . . . . . . . . . . . . . . . . . . . . . . . . 119
xviii 01/10
9013-2 BRIEFS AND MEMORANDA OF LAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
(a) Trial Briefs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
(b) Form of Briefs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
(c) Citations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
9013-3 PROOF OF SERVICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
(a) Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
(b) Electronic versus Non-electronic Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
(c) Service by Mail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
(d) Personal Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
(e) Service by Mail Equivalents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
(f) Service by Fax Machine or Email . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
(g) Filing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
(h) Failure to File . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
9013-4 NEW TRIAL OR HEARING ON CONTESTED MATTERS . . . . . . . . . . . . . . . . . . . 124
(a) Grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
(b) Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
(c) Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
(d) Declarations – Time for Filing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
(e) Calendaring of Motion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
9015-1 JURY TRIALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
(a) Number of Jurors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
(b) Instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
(c) Objections to Instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
(d) Special Verdicts and Interrogatories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
xix 01/10
9015-2 DEMAND FOR JURY TRIAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
(a) Right to Trial by Jury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
(b) Demand . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
(c) Withdrawal of Demand . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
(d) Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
(e) Trial by the Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
(f) Advisory Jury and Trial by Consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
(g) Pretrial Procedure Where Jury Trial Requested . . . . . . . . . . . . . . . . . . . . . . . . . 128
(h) Motion for Withdrawal of Reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
9019-1 SETTLEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
(a) General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
(b) Failure to Comply – Sanctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
9020-1 ORDER TO SHOW CAUSE RE CONTEMPT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
(a) General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
(b) Motion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
(c) Proposed Order to Show Cause re Contempt . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
(d) Hearing on Issuance of Order to Show Cause re Contempt . . . . . . . . . . . . . . . 129
(e) Service of Order to Show Cause re Contempt . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
(f) Hearing on Merits of Order to Show Cause re Contempt . . . . . . . . . . . . . . . . . 130
9021-1 ORDERS AND JUDGMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
(a) General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
(b) Preparation, Lodging, and Signing of Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
(c) Entry of Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
(d) Duty of Clerk as to an Order Directing an Action by an Official of

the United States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
(e) Amended or Corrected Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
xx 01/10
9027-1 REMOVAL AND REMAND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
(a) Notice of Removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
(b) Status Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
(c) Remand . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
(d) Filing of Pleadings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
(e) Demand for Jury Trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
9036-1 NOTICE AND SERVICE BY ELECTRONIC TRANSMISSION . . . . . . . . . . . . . . . 135
(a) Service By Electronic Means . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
(b) Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
9070-1 EXHIBITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
(a) Trial Exhibits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
(b) Retention and Disposition of Trial Exhibits . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
9071-1 STIPULATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
(a) General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
(b) Stipulation Requiring Notice under FRBP 4001(d) or 9019 . . . . . . . . . . . . . . . . 136
9074-1 TELEPHONIC APPEARANCES AT COURT HEARINGS . . . . . . . . . . . . . . . . . . . . 137
9075-1 EMERGENCY MOTIONS AND APPLICATIONS FOR ORDERS

SHORTENING TIME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
(a) Emergency Motion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
(b) Application for Order Shortening Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
(c) Objection to Timing of Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
xxi 01/10
Appendix I LOCAL BANKRUPTCY RULES FORMS LIST
Appendix II ATTORNEY DISCIPLINE PROCEDURES IN BANKRUPTCY

COURT (Second Amended General Order No. 96-05)
Appendix III ADOPTION OF MEDIATION PROGRAM FOR BANKRUPTCY

CASES AND ADVERSARY PROCEEDINGS (Third Amended
General Order No. 95-01)
Appendix IV GUIDELINES FOR ALLOWANCE OF ATTORNEYS’ FEES IN

CHAPTER 13 CASES
SUBJECT INDEX
xxii 01/10
LBR 1001-1
LBR 1001-1. TITLE, APPLICATION, AND SCOPE OF RULES
(a) Title and Citation. These are the Local Bankruptcy Rules of the United States Bankruptcy
Court for the Central District of California (hereinafter, “Local Bankruptcy Rules” or
“rules”). They may be cited as “LBR ______.”
(b) Application and Construction.
(1) The Local Bankruptcy Rules are adopted pursuant to 28 U.S.C. § 2075, F.R.Civ.P.
83, and FRBP 9029. They are intended to supplement the FRBP and those portions
of the F.R.Civ.P. that are incorporated by the FRBP. The Local Bankruptcy Rules
are to be construed consistent with, and subordinate to, the FRBP and F.R.Civ.P. and
to promote the just, speedy, and economic determination of every case and
proceeding.
(2) The Local Bankruptcy Rules apply to all bankruptcy cases and proceedings
(including all cases removed pursuant to 28 U.S.C. § 1452 or 15 U.S.C. § 78eee)
pending in the United States Bankruptcy Court for the Central District of California.
(3) The Local Bankruptcy Rules apply in the United States District Court for the Central
District of California in lieu of the District Court Rules when the district court is
exercising its original bankruptcy jurisdiction pursuant to 28 U.S.C. § 1334.
(c) Application to Persons Appearing Without Counsel. A person who appears and is not
represented by counsel must comply with the Local Bankruptcy Rules. Each reference in
the Local Bankruptcy Rules to “attorney” or “counsel” applies equally to a party who is not
represented by counsel, unless the context otherwise requires.
(d) Modification. The Local Bankruptcy Rules apply uniformly throughout the district, but are
not intended to limit the discretion of the court. The court may waive the application of any
Local Bankruptcy Rule in any case or proceeding, or make additional orders as it deems
appropriate, in the interest of justice.
(e) Procedure in Absence of Rule.
(1) A matter not specifically covered by these Local Bankruptcy Rules may be
determined, if possible, by parallel or analogy to the F.R.Civ.P., the FRBP, or the
District Court Rules.
(2) If no parallel or analogy exists, then the court may proceed in any lawful manner not
inconsistent with these Local Bankruptcy Rules and the FRBP.
(f) Sanctions for Noncompliance with Rules. The failure of counsel or of a party to comply
with these Local Bankruptcy Rules, with the F.R.Civ.P. or the FRBP, or with any order of
the court may be grounds for the imposition of sanctions.
(g) Effective Date. These LBRs are effective on January 4, 2010, and will govern all cases and
proceedings pending or commenced thereafter. The court in its discretion may order that a
1 01/10
LBR 1002-1
case or proceeding pending prior to the effective date be governed by the practice of the
court prior to the adoption of these LBRs.
LBR 1001-2. RULES OF CONSTRUCTION
(a) Construction of Terms. As used in these rules –
(1) “must” is mandatory.
(2) “must not” is prohibitive, not permissive.
(3) “may” is discretionary.
(4) “or” is not exclusive.
(5) “includes” and “including” are not limiting.
(b) Gender; Plurals. Wherever applicable, each gender includes the other gender and the
singular includes the plural.
LBR 1002-1. PETITION – GENERAL
(a) Debtor’s Address. In a petition filed under 11 U.S.C. §§ 301, 302, 303, or 1504, the
debtor’s actual street address must be disclosed in addition to any post office box address.
(b) Attorney Information.
(1) General. A voluntary petition filed pursuant to 11 U.S.C. §§ 301 and 302 by an
attorney on behalf of any party must contain the attorney’s state bar identification
number, telephone number, fax number, and e-mail address in the attorney name
block.
(2) Signature of Counsel. The name of the attorney signing a petition must be printed
clearly below the signature line.
(c) Number of Copies. For documents that are not electronically filed under the provisions of
LBR 5005-4, a list of requirements that specify the minimum number of copies that must be
submitted is contained in the Court Manual available from the clerk and on the court’s
website.
(d) Incomplete Petitions.
(1) General. A voluntary petition filed without the complete schedules, statements and
other documents required by the FRBP and these rules must include at least the
following:
(A) Petition (Official Form 1);
2 01/10
LBR 1002-1
(B) List of Creditors Holding 20 Largest Unsecured Claims (Official Form 4)

(chapter 11 cases only);
(C) Master Mailing List (List of Creditors) in format required by LBR 1007-1(a);
and
(D) Statement of Social Security Number(s) (Official Form 21) (Required if the
debtor is an individual).
A complete list of the papers required to complete the filing is contained in the
Court Manual available from the clerk and on the court’s website.
(2) Deadline to File Required Documents. Except as provided by FRBP 1019(1)(A),

and unless extended by court order, the balance of the papers required by the FRBP
and these rules must be filed within 14 days of the petition date, except the Statement
of Intention which must be filed not later than 30 days after the filing of the petition.
(3) Motion for Extension of Time to File Documents. A motion for extension of time
to file the lists, schedules and other papers required by this rule must comply with
LBR 1007-1(e).
(4) Failure to File Required Documents. The case may be dismissed pursuant to LBR
1017-2.
(e) Redaction of Personal Identifiers.
(1) Unless otherwise ordered by the court, a debtor must refrain from including, or must
redact where inclusion is necessary, the following personal identifiers from all lists,
schedules, statements, payment advices, or other documents filed or required to be
filed with the court in accordance with FRBP 9037(a):
(A) Social Security Numbers. If disclosure of a social security number is

required, only the last four digits of that number should be used. [This does
not apply to Official Form 21, Statement of Social Security Number(s)].
(B) Names of Minor Children. If disclosure of the identity of any minor child is
required, only the initials of that child should be used.
(C) Date of Birth. If disclosure of an individual’s date of birth is required, only

the year should be used.
(D) Financial Account Numbers. If disclosure of any financial account number

is required, only the last four digits of that number should be used.
(2) The responsibility for redacting these personal identifiers rests solely with the debtor
and debtor’s counsel. The court will not review documents for compliance with this
rule.
3 01/10
LBR 1006-1
(f) Effect of Failure to Specify Necessary Information.
(1) If the petition fails to specify the chapter under which relief is sought, the case will
be deemed to have been filed under chapter 7.
(2) If the petition fails to specify whether it is a consumer or business case, it will be
presumed to be a consumer case.
(3) If the petition fails to indicate the number of creditors or equity holders, or the
amount of assets or debts, it will be presumed that the case falls in the smallest
category of each.
(g) Joint Petitions. Individuals filing jointly must present upon request appropriate evidence
to support their joint filing status at the 11 U.S.C. § 341(a) meeting, such as a copy of the
marriage license.
LBR 1006-1. FILING FEES
(a) Payment of the Filing Fee in Installments.
(1) Eligibility. Only an individual debtor who is unable to pay the full filing fee for a
voluntary petition under chapter 7, 11, or 13, may apply for permission to pay the
filing fee in installments. A corporation, partnership, limited liability company,
unincorporated association, trust, or other artificial entity must pay the filing fee in
full at the time the petition is filed.
(2) Application. The debtor must submit a written application for an order permitting
payment of the filing fee in installments. The application must be accompanied by
a declaration under penalty of perjury establishing that the debtor is unable to pay the
filing fee except in installments. The application and declaration must be completed
on forms prescribed by the court and presented for filing with the petition. If
unrepresented by an attorney, or if required by the court, the debtor must also present
evidence of personal identification in the form of a valid government-issued driver’s
license or identification card, or other similar form of identification satisfactory to
the clerk.
(3) Hearing. On the petition date or at a later date and time the designated judge may
select for a hearing, the debtor must appear personally before a designated judge to
present the application, supporting declaration, and proposed order. The debtor must
provide sworn testimony regarding the basis for the application and circumstances
of the bankruptcy filing. Unless the court specifically waives the requirement of
personal appearance, the debtor’s failure to appear and testify at the prescribed time
and place will result in denial of the application and dismissal of the bankruptcy
case.
(4) Notice. Compliance with the notice and service requirements of LBR 9013-1 is not
required, unless otherwise ordered by the designated judge.
4 01/10
LBR 1007-1
(5) Order. An order authorizing payment of filing fee in installments must fix the
number of installments and the amount and due date of each installment. The
number of installments must not exceed 4. The final installment is payable not later
than 120 days after the filing of the petition, unless extended by the court for cause
shown to a date not later than 180 days after the petition date. The first payment
must be at least $30, unless otherwise ordered by the court.
(6) Dismissal for Nonpayment. The debtor’s failure to pay any installment when due
may result in dismissal of the case after notice and hearing.
(b) Waiver of Chapter 7 Filing Fee.
(1) Eligibility. Only an individual debtor may file an application to waive the filing fee
in a chapter 7 case.
(2) Application. The debtor must submit a written application for an order waiving
payment of the filing fee in a chapter 7 case. The application must be accompanied
by a declaration under penalty of perjury establishing that the debtor qualifies for a
waiver and is unable to pay the filing fee. The application and declaration must be
completed on forms prescribed by the court and presented for filing with the petition.
If unrepresented by an attorney, or if required by the court, the debtor must also
present evidence of personal identification in the form of a valid government-issued
driver’s license or identification card, or other similar form of identification
satisfactory to the clerk.
(3) Hearing. On the petition date or at a later date and time the designated judge may
select for a hearing, the debtor must appear personally before a designated judge to
present the application, supporting declaration, and proposed order. The debtor must
provide sworn testimony regarding the basis for the application and circumstances
of the bankruptcy filing. Unless the court specifically waives the requirement of
personal appearance, the debtor’s failure to appear and testify at the prescribed time
and place will result in denial of the application and dismissal of the bankruptcy
case.
(4) Notice. Compliance with the notice and service requirements of LBR 9013-1 is not
required, unless otherwise ordered by the designated judge.
(5) Order. An order denying an application to waive the chapter 7 filing fee may provide
for payment of the filing fee in installments pursuant to LBR 1006-1(a)(5).
LBR 1007-1. LISTS, SCHEDULES, AND STATEMENTS
(a) Master Mailing List.
(1) A master mailing list must be filed with the petition in the format specified in the
(2) Unless otherwise ordered, the master mailing list must include the name, mailing
address, and zip code of each creditor listed on Schedules D, E, and F.
5 01/10
LBR 1007-4
(b) Amendment of Master Mailing List. When an addition or change is required to the master
mailing list, a supplemental master mailing list, in the required format, containing only the
newly added or changed creditors must be filed. The supplement must not repeat those
creditors listed on the original master mailing list.
(c) Partnerships, Corporations, and Limited Liability Companies. If the debtor is a

partnership, corporation, or limited liability company, the master mailing list must include
the name and address of each general partner, senior corporate officer, or managing member.
A list of all limited partners, shareholders, or other equity holders must be provided either
as part of the master mailing list or as a separate “Equity Holders’ Mailing List.” The Equity
Holders’ Mailing List must comply with the format requirements of subsection (a) of this
rule.
(d) Verification of Completeness and Accuracy.
(1) The debtor, or such other person as the court may order, is responsible for the
accuracy and completeness of the master mailing list, any supplement to the master
mailing list, and the Equity Holders’ Mailing List.
(2) The master mailing list and any supplement thereto must be accompanied by a
declaration by the debtor or debtor’s counsel attesting to the completeness and
correctness of the list.
(3) If the master mailing list or any supplement thereto is submitted in a court-approved
electronic format and the electronic file is prepared by someone other than the debtor
or debtor’s counsel, a further declaration must be submitted by the preparer to attest
to the accuracy of the electronic file as it relates to the information provided by the
debtor or debtor’s counsel.
(4) The clerk will not compare the names and addresses of the creditors listed in the
schedules with the names and addresses shown on the master mailing list or any
supplement thereto.
(e) Extension of Time to File Schedules, Statements, and Other Documents.
(1) A motion for an extension of time to file the lists of creditors and equity security
holders, or to file the schedules, statements, and other documents must comply with
FRBP 1007(c).
(2) The motion must be accompanied by evidence demonstrating cause for the requested
extension of time.
LBR 1007-4. DISCLOSURE OF CORPORATE RELATIONSHIPS
(a) Mandatory Statement. A debtor that is a corporation, other than a governmental unit, must
file with the petition a corporate ownership statement that either identifies any corporation,
other than a governmental unit, that directly or indirectly owns 10% or more of any class of
the debtor corporation’s equity interests or states that there are no such entities to report.
6 01/10
LBR 1015-2
(b) Supplemental Statement. The debtor must file a supplemental statement promptly upon
any change in circumstances that this rule requires the debtor to identify or disclose.
LBR 1010-1. INVOLUNTARY PETITIONS
The court may dismiss an involuntary petition sua sponte if the petitioner fails to (a) serve
the summons and petition within the time allowed by FRBP 7004; (b) file a proof of service of the
summons and petition with the court; or (c) appear at the status conference set by the court.
LBR 1015-1. CONSOLIDATION AND JOINT ADMINISTRATION
(a) Joint Cases. A joint case commenced for spouses by the filing of a single petition under 11
U.S.C. § 302(a) will be deemed substantively consolidated unless the court orders otherwise.
(b) Joint Administration of Cases Pending in the Same Court.
(1) If 2 or more cases are pending before the same judge, an order of joint
administration may be entered, without notice and an opportunity for hearing, upon
the filing of a motion for joint administration pursuant to FRBP 1015, supported
by a declaration establishing that the joint administration of the cases is warranted,
will ease the administrative burden for the court and the parties, and will protect
creditors of the different estates against potential conflicts of interest.
(2) An order for joint administration under this rule may be reconsidered upon motion
by a party in interest after notice and a hearing.
(3) An order of joint administration under this rule is for procedural purposes only and
shall not effect a substantive consolidation of the respective debtors’ estates.
(c) Joint Administration/Substantive Consolidation. A motion for joint administration or

for substantive consolidation must include a motion under LBR 1073-1 to transfer the
assignment of the cases to be jointly administered or substantively consolidated if those
cases are not all assigned to one judge.
LBR 1015-2. RELATED CASES
(a) Definition of Related Cases. For purposes of this rule, cases are deemed “related cases”
if the earlier bankruptcy case was filed or pending at any time before the filing of the new
petition, and the debtors in such cases:
(1) Are the same;
(2) Are spouses, former spouses, domestic partners, or former domestic partners;
(3) Are “affiliates,” as defined in 11 U.S.C. § 101(2), except that 11 U.S.C.

§ 101(2)(B) shall not apply;
(4) Are general partners in the same partnership;
7 01/10
LBR 1017-1
(5) Are a partnership and one or more of its general partners;
(6) Are partnerships that share one or more common general partners; or
(7) Have, or within 180 days of the commencement of either of the related cases had,
an interest in property that was or is included in the property of another estate
under 11 U.S.C. § 541(a), § 1115, § 1207, and/or § 1306.
(b) Disclosure of Related Cases.
(1) A petition commencing a case must be accompanied by court-mandated form

F 1015-2.1, Statement of Related Cases.
(2) The petitioner must execute court-mandated form F 1015-2.1 under penalty of
perjury disclosing, to the petitioner’s best knowledge, information and belief,
whether a related case was filed or has been pending at any time and if so, for each
such related case:
(A) The name of the debtor in the related case;
(B) The case number of the related case;
(C) The district and division in which the related case is or was pending;
(D) The judge to whom the related case was assigned;
(E) The current status of the related case;
(F) The manner in which the cases are related; and
(G) The real property, if any, listed in the Schedule A that was filed in the
related case.
(3) The failure to provide complete and accurate information in court-mandated form
F 1015-2.1 may subject the petitioner and its attorney to appropriate sanctions,
including the appointment of a trustee or dismissal of the case with prejudice.
LBR 1017-1. CONVERSION
(a) Conversion Upon Debtor’s Request.
(1) A debtor’s notice of conversion under 11 U.S.C. §§ 1208(a) or 1307(a) must be

filed and served on the standing trustee and United States trustee. No hearing is
required for conversion.
(2) A debtor must request conversion under 11 U.S.C. § 1112(a) by motion filed and
served as required by FRBP 9013, but the motion does not require a hearing.
8 01/10
LBR 1017-2
(3) A debtor must request conversion under 11 U.S.C. § 706(a) to a case under chapter
11, 12 or 13 by motion which, unless otherwise ordered by the court, may be
granted only after notice of opportunity to request a hearing to the trustee, attorney
for the trustee (if any), United States trustee, and parties in interest, as provided in
LBR 9013-1(o).
(4) If the case is converted, the clerk will give notice of the order converting the case
to another chapter to all creditors and interested parties and to the United States
trustee.
(b) Additional Fees Upon Conversion of a Case.
(1) A notice of conversion or motion for conversion, as the case may be, of a case
must be accompanied by payment of the filing fee, if any, required for conversion
of the case to the chapter for which conversion is sought.
(2) If a conversion to chapter 11 is denied, the filing fee paid when the motion was
filed will be refunded to the payor upon written request to the Fiscal Department
of the clerk’s office. A conformed copy of the order denying the conversion to
chapter 11 must be attached to the request for refund.
(3) If a conversion to chapter 7 is denied, the filing fee paid when the motion was filed
will not be refunded.
LBR 1017-2. DISMISSAL OF CASE OR SUSPENSION OF PROCEEDINGS
(a) Dismissal for Failure to File Documents.
(1) Cause for Dismissal. The failure of the petitioner to file in a timely manner any
document required by the Bankruptcy Code, the FRBP, and these rules is cause for
dismissal of the case.
(2) Notice of Proposed Dismissal. If a petition is filed without all of the documents
required by the Bankruptcy Code, the FRBP, and these rules, the clerk will issue
a notice to the petitioner that identifies each of the deficiencies and states that the
case will be dismissed without further notice or hearing if the documents listed in
the notice, or a request for extension of time within which to file the required
documents, are not filed within 14 days from the filing of the petition.
(3) Dismissal Without Further Notice. If the required documents are not filed within
14 days from the filing of the petition or an extension of such 14-day period
granted by an order of the court, the case will be dismissed without further notice
or hearing.
(b) Dismissal of Chapter 7 Case for Failure to Attend Meeting of Creditors. The failure
of a chapter 7 debtor to appear at the initial meeting of creditors and any continuance
thereof is cause for dismissal of the case. The court will dismiss the case upon the
trustee’s request for dismissal and certification that the debtor has failed to appear at two
meetings of creditors.
9 01/10
LBR 1071-1
(c) Notice of Dismissal. The clerk will provide notice of an order dismissing a case under
this rule to the debtor, debtor’s attorney (if any), United States trustee, and parties in
interest.
(d) Reinstatement.
(1) A case dismissed for the failure to timely file a required document or for failure
to appear at the meeting of creditors may be reinstated on motion of the petitioner
pursuant to FBRP 9024, provided that all required documents are filed, or on
motion of another party.
(2) In the event a case is reinstated, the court may impose such sanctions as it deems
just and reasonable.
(e) Refiling of Dismissed Case. A petitioner who files a petition following the dismissal of
a case must disclose the dismissed case pursuant to LBR 1015-2.
(f) Motion to Dismiss or Suspend Proceedings.
(1) A motion by the debtor to dismiss a case filed under 11 U.S.C. §§ 301 or 302, a
motion by creditors or the debtor to dismiss an involuntary case filed under
11 U.S.C. § 303, or a motion to suspend all proceedings under 11 U.S.C. § 305
must be supported by a declaration setting forth the reasons for the request for
dismissal or suspension.
(2) The declaration in support of the motion must disclose any arrangement or
agreement between the debtor and creditors or any other person in connection with
the motion for dismissal or suspension.
(3) The court may condition the dismissal upon payment of fees and expenses,
including fees due to the United States trustee.
LBR 1071-1. DIVISIONS – PLACE OF FILING
(a) Filing of Petition. Unless otherwise ordered by the court, a petition commencing a case
under the Bankruptcy Code must be filed with the Clerk of the United States Bankruptcy
Court for the Central District of California in the “applicable division.”
(1) The “applicable division” is determined by the location of the debtor’s residence,
principal offices, officers, and books and records, or where the majority of the
debtor’s assets are located based on a book value determination as set forth on the
debtor’s most current balance sheet.
(2) Information concerning the “applicable division” for the filing of the petition is
contained in the Court Manual available from the clerk and on the court’s website.
(b) Petition Filed in Wrong Division. If a petition is filed in the wrong division, the court
may, on its own, transfer it to the appropriate division or retain the case.
10 01/10
LBR 1073-1
(c) Filing of Papers Other Than a Petition. Papers other than a petition must be filed only
in the divisional office of the clerk to which the relevant case or proceeding has been
assigned. However, the clerk may, by special waiver or upon order of the court, accept
papers in any office of the clerk irrespective of division.
LBR 1073-1. ASSIGNMENT OF CASES
(a) New Petitions. Unless otherwise ordered by the court, a new petition commencing a case
must be assigned by the clerk according to a random draw so that neither the clerk, the
parties, nor their attorneys is able to make a deliberate choice of a particular judge.
(b) Assignment or Reassignment of Related Cases and Proceedings. The court will assign
or reassign related cases or proceedings pursuant to the procedures established by the
court’s General Orders.
(c) Motion for Reassignment or Consolidation of Related Cases.
(1) A motion by a party in interest for reassignment or consolidation of related

bankruptcy cases or adversary proceedings must be made to the judge to whom the
low-numbered case is assigned.
(2) The motion must be filed and served in accordance with LBR 9013-1(o). Notice
must be given to the debtor or debtor in possession, the trustee (if any), the
creditors’ committee or the 20 largest unsecured creditors if no committee has been
appointed, any other committee appointed in the case, counsel for any of the
foregoing, the United States trustee, and any other party in interest entitled to
notice under FRBP 2002. Notice of a motion seeking the reassignment or
consolidation of an adversary proceeding must be given to each party named in the
adversary proceeding. A judge’s copy of the motion must be served in chambers
on the higher-numbered judge.
(3) An order reassigning a related case pursuant to LBR 1015-2 must be titled “Order
of Reassignment Pursuant to LBR 1015-2,” and must be promptly filed with the
clerk and entered by the clerk on the docket. Notice of the order must be given to
all parties who are entitled to notice of the order for relief pursuant to FRBP
2002(d)(1) and (f)(1), and to the judge to whom the high-numbered case is
assigned.
(d) Reassignment of Cases or Proceedings Due to Recusal.
(1) The court will reassign a case or proceeding due to recusal pursuant to the
procedures established by the court’s General Orders.
(2) Upon recusal of an assigned judge of an entire case, an adversary proceeding,

contested matter, or other single matter within a case, the recused case, proceeding
or matter will be reassigned by the clerk to another judge by random draw.
11 01/10
LBR 1073-1
(e) Assignment of Miscellaneous Matters. Whenever action is required on a miscellaneous

matter for which there is no bankruptcy case pending in this district, the clerk will assign
the matter by random draw.
(f) Nonlimitation of Applicability. A judge may assign any case or adversary proceeding
to another judge.
12 01/10
LBR 2002-2
LBR 2002-1. NOTICE TO AND SERVICE UPON CREDITORS AND OTHER

INTERESTED PARTIES
(a) Request for Special Notice.
(1) Form. A person or entity filing a request for notices served pursuant to FRBP
2002 must include in the request for special notice: (A) name of the person or
entity requesting notice; (B) mailing address, including street address for overnight
delivery or personal service; (C) telephone number; (D) facsimile number; (E)
e-mail address; (F) name of the person or entity represented, if any; (G) a statement
that the requesting party is a creditor and/or equity security holder of the debtor
and notice is requested on the basis of the court having limited notice to a
committee; and (H) a statement that the request is limited to notices required to be
provided under FRBP 2002(a)(2), (a)(3), and (a)(6) and does not include any
moving or responsive or reply papers, any evidence, or any proposed orders or
entered orders.
(2) Consent to Electronic Service. Subject to the provisions of LBR 9036-1, a creditor
or equity security holder of the debtor filing a request for special notice under
subsection (a)(1) of this rule is deemed to consent to receive electronic notice and
service from the clerk and parties in interest in the case or proceeding.
(b) Mailing List in Chapter 9 and 11 Cases. In chapter 9 and 11 cases only, the debtor in
possession or trustee must maintain a current mailing list of entities who have served a
request for notice pursuant to FRBP 2002 and must promptly furnish a copy of that list
upon the request of any creditor or other interested party.
LBR 2002-2. NOTICE TO AND SERVICE UPON THE UNITED STATES OR FEDERAL
AGENCIES
(a) United States Trustee.
(1) Duty to Provide Notice to and Service Upon the United States trustee. Pursuant
to FRBP 2002(k), FRBP 9034 and these rules, and unless otherwise directed, a
copy of any paper filed by a person or entity in a bankruptcy case or adversary
proceeding under chapters 7, 9, or 11 must be served upon the United States
trustee. Proofs of claim or copies thereof must not be served upon the United
States trustee. In chapter 12 or 13 cases, only a notice of conversion or motion to
convert the case to another chapter must be served upon the United States trustee.
(2) Consent to Electronic Notice and Service of Papers Filed with the Court.
Notwithstanding subsection (a)(1) of this rule, and except as provided in subsection
(a)(3) of this rule, the United States trustee consents to electronic notice and
service of any paper filed in a bankruptcy case or adversary proceeding.
(A) Electronic Notice. The electronic transmission to the United States trustee
of an NEF or a notice through the Bankruptcy Noticing Center constitutes
13 01/10
LBR 2002-2
notice to the United States trustee of a paper filed in a bankruptcy case or

adversary proceeding, including notice of entry of an order or judgment,
whether it is the duty of the clerk or another person or entity to give such
notice. A proof of service prepared and filed pursuant to LBR 9013-3 must
state that the United States trustee will be served electronically by the
court.
(B) Electronic Service. The electronic transmission to the United States trustee
of an NEF regarding a paper filed in a bankruptcy case or adversary
proceeding, which is required to be served on the United States trustee
pursuant to FRBP 2002(k), FRBP 9022, FRBP 9034 or these rules,
constitutes service of the paper on the United States trustee. A proof of
service prepared and filed pursuant to LBR 9013-3 must state that the
United States trustee will be served electronically by the court.
(3) Exceptions to Electronic Notice and Service. Notwithstanding the foregoing and
in addition to the exceptions to electronic notice and service set forth in
LBR 9036-1(b), the following papers must be served on the United States trustee
non-electronically:
(A) A paper exceeding 50 pages in length, including exhibits;
(B) A matter to be heard as an emergency motion or on shortened time

pursuant to LBR 9075-1, and any response thereto;
(C) Any paper filed within 7 days of the date of the hearing;
(D) Proposed orders or judgments if required to be served on the United States

trustee under LBR 9021-1(b);
(E) Complaints served upon the United States trustee as a defendant. Persons
and entities must comply with FRBP 7004(b)(10) when the United States
trustee is named in an adversary proceeding as a party, whether or not the
United States trustee is a trustee in the case;
(F) Any paper served upon the United States trustee and/or any of the United
States trustee’s staff in their capacity as individuals. The service of any
such filing must be made in compliance with Rule 4 of the F.R.Civ.P. and
with any and all other applicable rules of civil, bankruptcy and/or appellate
procedure; and
(G) Any other document specified in the court’s CM/ECF Procedures.
(4) Notice of Emergency Motion and Hearing Held on Shortened Notice. Telephonic
notice of an emergency motion or hearing set on shortened notice must be given
to the United States trustee if the United States trustee would otherwise be entitled
to notice of the type of motion or hearing.
14 01/10
LBR 2004-1
(5) Place of Service for Non-electronic Notice or Service. The United States trustee
must be included in the master mailing list. For papers for which the United States
trustee has not consented to electronic notice and service, the United States trustee
must be served non-electronically at the applicable mailing address listed in the
Register of Federal and State Governmental Unit Addresses contained in the Court
Manual available from the clerk and on the court’s website.
(b) United States Attorney. The United States attorney for this district has waived notice
under FRBP 2002(j). If notice is required in a case or proceeding, the United States
attorney must file a request for special notice with the court and serve the debtor, debtor’s
attorney (if any), the United States trustee, any trustee, and the representatives of any
committee appointed in a case.
(c) Internal Revenue Service.
(1) General Notice Matters. Except with respect to contested matters or adversary
proceedings (where service must comply with the requirements of FRBP 7004 and
LBR 2002-2(c)(2)), or as otherwise ordered by the court, the United States Internal
Revenue Service must be served at the address listed in the Register of Federal and
State Governmental Unit Addresses contained in the Court Manual available from
the clerk and on the court’s website.
(2) Adversary Proceedings and Contested Matters. In all contested matters and
adversary proceedings involving the United States Internal Revenue Service, the
United States, the Attorney General in Washington, D.C., and the United States
attorney in Los Angeles must be served at addresses listed in the Register of
Federal and State Governmental Unit Addresses contained in the Court Manual
available from the clerk and on the court’s website.
LBR 2004-1. MOTIONS FOR EXAMINATION UNDER FRBP 2004
(a) Conference Required. Prior to filing a motion for examination or for production of
documents under FRBP 2004, the moving party must attempt to confer (in person or
telephonically) with the entity to be examined, or its counsel, to arrange for a mutually
agreeable date, time, place, and scope of an examination or production.
(b) Motion. A motion for examination under FRBP 2004 must be filed stating the name,
place of residence, and the place of employment of the entity to be examined, if known.
The motion must include a certification of counsel stating whether the required conference
was held and the efforts made to obtain an agreeable date, time, place, and scope of an
examination or production. The motion must also explain why the examination cannot
proceed under FRBP 7030 or 9014.
(c) Notice and Service. The motion must be served on the debtor, debtor’s attorney (if any),
the trustee (if any), the United States trustee, and the entity to be examined. Not less than
21 days notice of the examination must be provided, calculated from the date of service
of the motion, unless otherwise ordered by the court.
15 01/10
LBR 2010-1
(d) Order. Unless otherwise ordered by the court, an order for examination will be granted
without a hearing.
(e) Subpoena. If the court approves a Rule 2004 examination of an entity other than the
debtor, the attendance of the entity for examination and for the production of documents
must be compelled by subpoena issued and served pursuant to FRBP 9016 and F.R.Civ.P.
45.
(f) Protective Order. The party whose examination is requested may file a motion for
protective order if grounds exist under FRBP 7026 and F.R.Civ.P. 26(c). A motion for
protective order must be filed and served not less than 14 days before the date of the
examination, and set for hearing not less than 2 days before the scheduled examination,
unless an order shortening time is granted by the court pursuant to LBR 9075-1. The
parties may stipulate, or the court may order, that the examination be postponed so that
the motion for protective order can be heard on regular notice under LBR 9013-1.
(g) Disputes. The parties must seek to resolve any dispute arising under this rule in
accordance with LBR 7026-1(c).
LBR 2010-1. BONDS OR UNDERTAKINGS
(a) Bonds, Undertakings, Approval, Third-party Sureties, Security, and Qualification.
(1) Approval. The clerk is authorized to approve on behalf of the court all bonds,
undertakings, and stipulations of security given in the form and amount prescribed
by statute, order of the court, or stipulation of counsel, which comply with the
requirements of this rule and contain a certificate by an attorney, as set forth
below, except where the approval of a judge is specifically required by law.
(2) Third-party Sureties. No bond or undertaking requiring third-party sureties will be

approved unless it bears the names and addresses of sufficient third-party sureties
and is accompanied by a declaration by the surety stating that:
(A) The surety is a resident of the State of California;
(B) The surety who intends to deed real property as security owns the real
property within the State of California;
(C) The security posted by the surety is worth the amount specified in the bond
or undertaking, over and above just debts and liabilities; and
(D) The property, real or personal, which is to be conveyed as security is not

exempt from execution and prejudgment attachment.
If specifically approved by the court, real property in any other state of the United
States may be part of the surety’s undertaking.
16 01/10
LBR 2010-1
(3) Terms and Conditions for Corporate Sureties. Before any corporate surety bond
or undertaking is accepted by the clerk, the corporate surety must have on file with
the district court clerk or the clerk a duly authenticated copy of a power of attorney
appointing the agent executing the bond or undertaking. The appointment must be
in a form to permit recording in the State of California.
(4) Ineligible Persons. No clerk, deputy clerk, marshal, magistrate judge, bankruptcy
judge, district judge, attorney, or other officer of this court will be accepted as
surety upon any bond or undertaking in any action or proceeding in this court.
(5) Cash in Lieu of Bond. Cash may be deposited with the clerk in lieu of any bond
or undertaking requiring a personal or corporate surety. A cash deposit in lieu of
a bond is subject to all of the provisions of this rule, LBR 7067-1, the FRBP and
the F.R.Civ.P. applicable to bonds and undertakings.
(b) Certificate by Attorney. A bond or undertaking presented to the clerk for acceptance
must be accompanied by a certificate by the attorney for the presenting party in
substantially the following form:
“This bond (or undertaking) has been examined pursuant to LBR 2010-1 and is
recommended for approval. It (is)(is not) required by law to be approved by a
judge.
”
Date Attorney
The attorney’s certificate pursuant to this rule certifies to the court that:
(1) The attorney has carefully examined the bond or undertaking;
(2) The attorney knows the content of the bond or undertaking;
(3) The attorney knows the purpose for which the bond or undertaking is executed;
(4) In the attorney’s opinion, the bond or undertaking is in due form;
(5) The attorney believes the declarations of qualification by the surety are true; and
(6) The attorney has determined whether the bond or undertaking is required by law
to be approved by a judge.
(c) Approval of Judge. If a bond or undertaking is required by law to be approved by a

judge, it must be presented to the judge with the attorney’s certificate required by this rule
before it is filed by the clerk.
(d) Consent to Summary Adjudication of Obligation.
(1) A bond or undertaking presented for filing must contain the consent and agreement
for the surety that in case of default or contumacy on the part of the principal or
17 01/10
LBR 2014-1
surety, the court may upon 14 days notice proceed summarily and render a
judgment in accordance with the obligation undertaken and issue a writ of
execution upon that judgment.
(2) An indemnitee or party in interest seeking a judgment on a bond or undertaking

must proceed by Motion for Summary Adjudication of Obligation and Execution.
The motion must be served on a personal surety in the manner provided in
F.R.Civ.P. 5(b). A corporate surety must be served in accordance with
31 U.S.C. § 9306.
(e) Bonds of Trustees. A bond required by a trustee under 11 U.S.C. § 322 is exempt from
this rule. The United States trustee must set the amount of such bond and approve the
sufficiency of the surety.
LBR 2014-1. EMPLOYMENT OF DEBTOR AND PROFESSIONAL PERSONS
(a) Employment of Debtor’s Principals or Insiders in Chapter 11 Cases.
(1) Notice of Setting/Increasing Insider Compensation. No compensation or other

remuneration may be paid from the assets of the estate to a debtor’s owners,
partners, officers, directors, shareholders, or relatives of insiders as defined by 11
U.S.C. § 101(31), from the time of the filing of the petition until the confirmation
of a plan nor may approved compensation be increased unless the debtor serves a
Notice of Setting/Increasing Insider Compensation (“Notice”) in accordance with
procedures adopted by the United States trustee pursuant to this rule.
(2) Service of Notice. The debtor must: (A) serve the Notice on the United States
trustee, the creditors’ committee or the 20 largest creditors if no committee has
been appointed, any other committee appointed in the case, counsel for any of the
foregoing, and any secured creditor that claims an interest in cash collateral, and
(B) provide proof of service to the United States trustee. As a non-filed document,
the Notice does not result in the generation and delivery of an NEF, and therefore
consent to electronic service via NEF on the United States trustee and other
CM/ECF Users is not applicable to the Notice.
(3) Payment of Insider Compensation. An insider may receive compensation or other

remuneration from the estate if no objection is received within 14 days after service
of the Notice. An insider may receive an increase in the amount of insider
compensation or other remuneration previously approved if no objection is received
within 30 days after service of the Notice.
(4) Objection and Notice of Hearing. If an objection is timely received, the debtor
must set the matter for hearing. The debtor must file a true and correct copy of the
Notice, objection, and the original notice of hearing. The debtor must serve not
less than 21 days notice of the date and time of the hearing on the objecting party
and the United States trustee.
18 01/10
LBR 2014-1
(b) Employment of Professional Person.
(1) Application for Employment.
(A) An application seeking approval of employment of a professional person

pursuant to 11 U.S.C. §§ 327, 328, 1103(a), or 1114 must comply with the
requirements of FRBP 2014 and 6003(a) and be filed with the court. The
application must specify unambiguously whether the professional seeks
compensation pursuant to 11 U.S.C. § 328 or 11 U.S.C. § 330.
(B) The application must be accompanied by a declaration of the person to be

employed establishing disinterestedness or disclosing the nature of any
interest held by such person.
(C) The United States trustee must be served, in accordance with LBR
2002-2(a), with a copy of the application and supporting declaration not
later than the day it is filed with the court. No hearing is required unless
requested by the United States trustee or a party in interest, or as otherwise
ordered by the court.
(D) A chapter 7 trustee who seeks authorization to act as attorney or accountant

for the estate, or to employ the trustee’s firm in such capacity, must explain
why such employment is in the best interests of the estate.
(E) A timely application for employment is a prerequisite to compensation from

the estate. Therefore, an application for the employment of counsel for a
debtor in possession should be filed as promptly as possible after the
commencement of the case, and an application for employment of any other
professional person should be filed as promptly as possible after such
person has been engaged.
(F) The substitution of an attorney must also comply with LBR 2091-1(b).
(2) Notice of Application.
(A) Notice of an application by the debtor (if such application is required),

debtor in possession, or trustee, to retain a professional person must be filed
and served, in accordance with LBR 2002-2(a) and LBR 9036-1, on the
United States trustee, the debtor (if a trustee has been appointed), the
creditors’ committee or the 20 largest unsecured creditors if no committee
has been appointed, any other committee appointed in the case, counsel for
any of the foregoing, and any other party in interest entitled to notice under
FRBP 2002.
(B) Notice of an application by a committee to retain a professional person

must be filed and served, in accordance with LBR 2002-2(a) and LBR
9036-1, on the United States trustee, debtor or debtor in possession, the
trustee (if appointed), and their counsel.
19 01/10
LBR 2014-1
(C) The notice must be filed and served not later than the day the application
is filed with the court.
(3) Content of Notice. The notice must:
(A) State the identity of the professional and the purpose and scope for which
it is being employed;
(B) State whether the professional seeks compensation pursuant to 11 U.S.C.

§ 328 or 11 U.S.C. § 330;
(C) Describe the arrangements for compensation, including the hourly rate of
each professional to render services, source of the fees, the source and
amount of any retainer, the date on which it was paid, and any provision
regarding replenishment thereof;
(D) Provide a name, address, and telephone number of the person who will
provide a copy of the application upon request; and
(E) Advise the recipient that any response and request for hearing, in the form
required by LBR 9013-1(f)(1), must be filed and served on the applicant
(and counsel, if any), and the United States trustee not later than 14 days
from the date of service of the notice.
(4) No Response and Request for Hearing. If the response period expires without the
filing and service of a response and request for hearing, the applicant must
promptly comply with LBR 9013-1(o)(3), except that:
(A) The proposed order and declaration must be served only on the United
States trustee; and
(B) The Notice of Entered Order and Service List must limit service by the
court to the debtor or debtor in possession, trustee (if any), the creditor’s
committee, any other committee appointed in the case, counsel for any of
the foregoing, and the United States trustee.
(5) Response and Request for Hearing Filed. If a timely response and request for
hearing is filed with the court and served upon the applicant and the United States
trustee, the applicant must comply with LBR 9013-1(o)(4).
(c) Reconsideration of Employment Terms.
(1) If the court approves the terms of a professional's employment, including a fee
based on an the hourly rate, fixed or percentage fee, contingency or success fee,
or a combination thereof, the court will not reconsider such terms of employment
at a subsequent time except as provided in 11 U.S.C. § 328(a).
(2) Notwithstanding the foregoing, the court may exercise its discretion pursuant to 11
U.S.C. § 330(a)(2).
20 01/10
LBR 2015-2
LBR 2015-2. REQUIREMENTS FOR CHAPTER 11 DEBTORS IN POSSESSION

OR CHAPTER 11 TRUSTEES
(a) Reports Before Confirmation of Plan.
(1) The debtor, the debtor in possession, or chapter 11 trustee must provide the United
States trustee with financial, management and operational reports, and such other
information requested by the United States trustee in writing pursuant to the United
States Trustee Notices and Guides as necessary to properly supervise the
administration of a chapter 11 case.
(2) The United States trustee may, at any time during the pendency of a case, add or
delete requirements where such modifications are necessary or appropriate.
(b) Duty to Comply With Requirements of the United States Trustee Notices and Guides.
A debtor in possession or chapter 11 trustee must comply with the reasonable requirements
of the United States trustee with respect to form, maintenance of records, and reporting
requirements as set forth in the United States Trustee Notices and Guides. Timely
compliance is mandatory.
(c) Interim Statements and Operating Reports.
(1) The debtor in possession or chapter 11 trustee must file with the court a copy of
each monthly interim statement and operating report submitted to the United States
trustee from the date the chapter 11 case is commenced until the date a plan is
confirmed or the case is dismissed or converted to another chapter under title 11.
(2) Each interim statement and operating report must be filed on the date that such
documents are submitted to the United States trustee, but not later than the 15th
day of the month following expiration of the month which is the subject of the
statement or report.
(d) Duties Upon Conversion to Chapter 7. Upon entry of an order converting a case to one
under chapter 7, the debtor in possession or chapter 11 trustee, if any, must, in addition
to complying with those duties set forth in FRBP 1019:
(1) Secure, preserve and refrain from disposing of property of the estate;
(2) Contact the chapter 7 trustee and arrange to deliver property of the estate and all
books and records to the trustee or the trustee’s designated agent; and
(3) Within 7 days after entry of said order, file and serve upon the United States
trustee and the chapter 7 trustee, a verified schedule of all property of the estate
as of the conversion date.
21 01/10
LBR 2016-1
LBR 2016-1. COMPENSATION OF PROFESSIONAL PERSONS
(a) Interim Fee Applications.
(1) Form of Fee Application. An application for interim fees incurred or costs
advanced by an attorney, accountant or other professional person, and a trustee or
examiner must contain the following:
(A) A brief narrative history and report concerning the status of the case,
including the following:
(i) Chapter 11. Applicant must describe the general operations of the
debtor, stating whether the business of the debtor, if any, is being
operated at a profit or loss, whether the business has sufficient
operating cash flow, whether a plan has been filed, and if not, the
prospects for reorganization and the anticipated date for the filing
of a plan.
(ii) Chapter 7. Applicant must report the status of administration of the

estate, discussing the actions taken to liquidate property of the
estate, the property remaining to be administered, the reasons the
estate is not in a position to be closed, and whether it is feasible to
pay an interim dividend to creditors.
(iii) All Cases. Applicant must disclose the amount of money on hand
in the estate and the estimated amount of other accrued expenses of
administration. At the hearing on an application for interim fees,
the applicant should be prepared to supplement the application by
declaration or by testimony to inform the court of the current
financial status of the debtor’s estate.
(iv) Multiple Fee Applications. If more than 1 application for interim

fees in a case is noticed for hearing at the same date and time, the
narrative history provided in one of the applications may be
incorporated by reference into the other interim fee applications to
be heard contemporaneously by the court.
(v) Exception. A fee application submitted by an auctioneer, real estate

broker, or appraiser does not have to comply with subsection (A) of
this rule, except that auctioneers, unless otherwise ordered by the
court, must file the report required by FRBP 6004(f) prior to
receiving final compensation.
(B) The date of entry of the order approving the employment of the individual
or firm for whom payment of fees or expenses is sought, and the date of the
last fee application for the professional.
22 01/10
LBR 2016-1
(C) A listing of the amount of fees and expenses previously requested, those
approved by the court, and how much has been received.
(D) A brief narrative statement of the services rendered and the time expended
during the period covered by the application.
(E) Unless employment has been approved on a fixed fee, percentage fee, or
contingent fee basis, the application must contain a detailed listing of all
time spent by the professional on matters for which compensation is sought,
including the following:
(i) Date service was rendered.
(ii) Description of service. It is not sufficient to merely state

“Research,” “Telephone Call,” “Court Appearance,” etc. Applicant
must refer to the particular person, motion, discrete task performed,
and other matters related to such service. A summary that lists a
number of services under only 1 time period is not satisfactory.
(iii) Amount of time spent. A summary is not adequate. Time spent

must be accounted for in tenths of an hour and broken down in
detail by the specific task performed. Lumping of services is not
satisfactory.
(iv) Identification of person who rendered service. If more than 1

person’s services are included in the application, applicant must
identify the person who performed each item of service.
(F) An application that seeks reimbursement of actual and necessary expenses

must include a summary listing of all expenses by category (i.e., long
distance telephone, photocopy costs, facsimile charges, travel, messenger
and computer research). As to each unusual or costly expense item, the
application must state:
(i) The date the expense was incurred;
(ii) A description of the expense;
(iii) The amount of the expense; and
(iv) An explanation of the expense.
(G) Unless employment has been approved on a fixed fee, percentage fee, or
contingent fee basis, the application must contain a listing of the hourly
rates charged by each person whose services form a basis for the fees
requested in the application. The application must contain a summary
indicating for each attorney by name:
(i) The hourly rate and the periods each rate was in effect;
23 01/10
LBR 2016-1
(ii) The total hours in the application for which compensation is sought;
and
(iii) The total fee requested in the application.
(H) A description of the professional education and experience of each of the

individuals rendering services, including identification of the professional
school attended, year of graduation, year admitted to practice, publications
or other achievements, and explanation of any specialized background or
expertise in bankruptcy-related matters.
(I) If the hourly rate has changed during the period covered by the application,
the application must specify the rate that applies to the particular hours for
which compensation is sought.
(J) A separately filed declaration from the client indicating that the client has
reviewed the fee application and has no objection to it. If the client refuses
to provide such a declaration, the professional must file a declaration
describing the steps that were taken to obtain the client’s declaration and
the client’s response thereto.
(K) A statement that the applicant has reviewed the requirements of this rule
and that the application complies with this rule.
(2) Notice of Interim Fee Application and Hearing.
(A) In all cases where the employment of more than one professional person
has been authorized by the court, a professional person who files an
application for interim fees must give other professional persons employed
in the case not less than 45 days notice of the date and time of the hearing.
The notice of hearing must further state:
“Other professional persons retained pursuant to court approval may

also seek approval of interim fees at this hearing, provided that they
file and serve their applications in a timely manner. Unless
otherwise ordered by the court, hearings on interim fee applications
will not be scheduled less than 120 days apart.”
(B) Applicant must serve not less than 21 days notice of the hearing on the
debtor or debtor in possession, the trustee (if any), the creditors’ committee
or the 20 largest unsecured creditors if no committee has been appointed,
any other committee appointed in the case, counsel for any of the
foregoing, the United States trustee, and any other party in interest entitled
to notice under FRBP 2002. The notice must identify the professional
person requesting fees, the period covered by the interim application, the
specific amounts requested for fees and reimbursement of expenses, the
date, time and place of the hearing, and the deadline for opposition papers.
24 01/10
LBR 2016-1
(C) In addition to the notice, a copy of the application, together with all
supporting papers, must be served on the debtor or debtor in possession, the
trustee (if any), any committee appointed in the case, counsel for any of the
foregoing, and the United States trustee. A copy of the complete
application must also be promptly furnished upon specific request to any
other party in interest.
(3) Objections. Any opposition or other responsive paper by the United States trustee
or other party in interest must be served and filed at least 14 days prior to the
hearing in the form required by LBR 9013-1(f).
(b) Motions to Approve Compensation Procedures in Chapter 11 Cases, Including

Monthly Draw-down and Contingency or Success Fee Agreements. A professional
person employed in a chapter 11 case may request approval for and modifications of draw-
down procedures and an order allowing payment of interim compensation more frequently
than once every 120 days.
(c) Final Fee Application.
(1) Who Must File. The trustee, if any, and each professional person employed in the
case must file a final fee application.
(2) Contents. An application for allowance and payment of final fees and expenses
must contain the information required of an interim fee application under
LBR 2016-1(a)(1).
(3) When Filed; Notice Required in Chapter 11 Cases.
(A) Unless otherwise ordered by the court, a final fee application by the trustee,
if any, and each professional person employed in a chapter 11 case must be
filed and set for hearing as promptly as possible after confirmation of a
plan.
(B) A final fee application must cover all of the services performed in the case,
not just the last period for which fees are sought, and must seek approval
of all prior interim fee awards.
(C) Applicant must serve not less than 21 days notice of the hearing on the
debtor or debtor in possession, the trustee (if any), any committee appointed
in the case, counsel for any of the foregoing, the United States trustee, and
any other party in interest entitled to notice under FRBP 2002. The notice
must identify the person or entity requesting a final allowance of fees and
expenses, the period covered by the final application, the specific amounts
requested for fees and reimbursement of expenses, the date, time and place
of the hearing, and the deadline for opposition papers.
(D) In addition to the notice, a copy of the application, together with all
supporting papers, must be served on the debtor or debtor in possession, the
25 01/10
LBR 2016-2
trustee (if any), any committee appointed in the case, counsel for any of the
foregoing, and the United States trustee. A copy of the complete
application must also be promptly furnished upon specific request to any
other party in interest.
(4) When Filed; Notice Required in Chapter 7 Cases.
(A) A chapter 7 trustee must give at least 30 days written notice of intent to file
a final report and account to the attorney for the debtor, the trustee’s
attorney and accountant, if any, and any other entity entitled to claim
payment payable as an administrative expense of the estate.
(B) A professional person seeking compensation must file and serve an

application for allowance and payment of final fees and expenses on the
trustee within 21 days of the date of the mailing of the trustee’s notice.
The failure to timely to file an application may be deemed a waiver of
compensation.
(C) All final fee applications by professional persons must be set for hearing
with the chapter 7 trustee’s final application for allowance and payment of
fees and expenses. Notice of a final fee application must be given by the
chapter 7 trustee as part of the notice of the hearing on the trustee’s request
for compensation. A separate notice by the applicant is not required.
(5) Objections. Any opposition or other responsive paper by the United States trustee
or other party in interest must be served and filed at least 14 days prior to the
hearing in the form required by LBR 9013-1(f).
(d) Fee Examiner. The court may, either sua sponte or on the motion of a party in interest,
exercise its discretion to appoint a fee examiner to review fee applications and make
recommendations to the court for approval.
LBR 2016-2. COMPENSATION AND TRUSTEE REIMBURSEMENT PROCEDURES

IN CHAPTER 7 ASSET CASES
(a) Authorization to Use Estate Funds Up to $1,000 to Pay Certain Expenses. During the
course of a chapter 7 case, a trustee may disburse up to $1,000 from estate funds to pay
the following actual and necessary expenses of the estate without further authorization
from the court (the “Authorized Allocation”):
(1) Actual cost of noticing, postage, copying;

(2) Costs to advertise sale;
(3) Computer charges;
(4) Long distance telephone;
(5) Postage;
(6) Moving or storage of estate assets;
(7) Teletransmission;
(8) Travel charges for trustee (includes lodging, meals, mileage and parking);
(9) Bank charges for research or copies;
26 01/10
LBR 2016-2
(10) Court reporting fees;

(11) Delivery of documents;
(12) Expedited mail;
(13) Filing and process serving;
(14) Notary fees;
(15) Recording fees;
(16) Deposition/transcript fees;
(17) Witness fees;
(18) Locate and move assets;
(19) Prepare litigation support documents;
(20) Insurance;
(21) Locksmith;
(22) Rent;
(23) Security services; and
(24) Utilities.
(b) Bond Premiums and Taxes. In addition to payments that may be made from the
Authorized Allocation, the trustee may pay during the ordinary course of the trustee’s
administration of an estate:
(1) Bond premiums required by 11 U.S.C. § 322(a); and

(2) Obligations to taxing agencies arising under 11 U.S.C. § 507(a)(2), provided the
estate is and is likely to remain administratively solvent.
(c) Expenses for Preparation of Tax Returns. The trustee may, by a single application,
seek authorization to employ and pay a tax preparer a flat fee (not to exceed $750 unless
the court orders otherwise) for preparation of tax returns for the estate. If the court grants
such application, the trustee may pay the flat fee so ordered without further application or
order. This amount is in addition to payments that may be made from the Authorized
Allocation.
(d) Emergency Expenses. The trustee may exceed the Authorized Allocation to pay
emergency expenses, without prior court approval, to protect assets of the estate that might
otherwise be lost or destroyed. Emergency expenses are limited to:
(1) Charges for storage of the debtor’s records to prevent the destruction of those
records and related necessary cartage costs;
(2) Insurance premiums to prevent liability to the estate;
(3) Locksmith charges to secure the debtor’s real property or business; and
(4) Security services to safeguard the debtor’s real or personal property.
If the trustee disburses more than the Authorized Allocation to pay emergency expenses
and other expenses for which the Authorized Allocation may be used, the trustee must file
and serve a cash disbursement motion, as described in subsection (f) of this rule, within
7 days after such expenses are paid.
27 01/10
LBR 2016-2
(e) Procedures for Employment of Paraprofessionals and Payment of Paraprofessional

Fees and Expenses. A trustee must obtain court approval to employ and to pay a
paraprofessional.
(1) Definition. The term “paraprofessional” includes all persons or entities other than
“professionals” who perform services at the trustee’s request and seek payment for
services and expenses directly from the bankruptcy estate, including an agent, a
field representative, an adjuster, and a tax preparer.
(2) Employment. A trustee may seek court approval to employ a paraprofessional by

filing an employment application using court-approved form F 2016-2.1. The
court’s approval of the employment of any paraprofessional is not a judicial
determination as to whether services of the paraprofessional constitute “trustee
services.” The following is a nonexclusive list of services that the court deems
“trustee services” subject to the limitation on compensation contained in 11 U.S.C.
§ 326(a):
(A) Review schedules;

(B) Acceptance and qualification as a trustee;
(C) Routine investigation regarding location and status of assets;
(D) Initial contact with lessors, secured creditors, assignee for benefit creditors,
etc., if same can be accomplished from office;
(E) Turnover or inspection of documents, such as bank documents;
(F) UCC search review;
(G) Recruit and contract appraisers, brokers, and professionals;
(H) Mail forwarding notices;
(I) Routine collection of accounts receivable;
(J) Letters regarding compliance with LBR 2016-1;
(K) Conduct 11 U.S.C. § 341(a) examinations;
(L) Routine objections to exemption;
(M) Routine motions to dismiss;
(N) 11 U.S.C. § 707(b) referral to United States trustee;
(O) Routine documentation of notices of sale, abandonment, compromise, etc.;
(P) Appear at hearings on routine motions;
(Q) Review and execute certificates of sale, deed, or other transfer documents;
(R) Prepare and file notifications of asset case;
(S) Prepare and file cash disbursement motions and necessary attachments;
(T) Prepare exhibits to operating reports;
(U) Prepare quarterly bond reports;
(V) Prepare trustee’s interim reports;
(W) Routine claims review and objection;
(X) Prepare and file final reports and accounts and related orders;
(Y) Prepare motions to abandon or destroy books and records;
(Z) Prepare and file FRBP 3011 reports;
(AA) Prepare and file notices and motions to abandon assets and related orders;
(BB) Attend sales;
(CC) Monitor litigation;
28 01/10
LBR 2016-2
(DD) Answer routine creditor correspondence and phone calls;

(EE) Prepare and file applications to employ paraprofessionals;
(FF) Review and comment on professional fee applications;
(GG) Participate in audits;
(HH) Answer United States trustee questions;
(II) Close and open bank accounts;
(JJ) Verify proposed disbursements;
(KK) Post receipts and disbursements;
(LL) Prepare details and calculations for payment of dividend;
(MM) Prepare dividend checks;
(NN) Organize and research bills;
(OO) Prepare checks for the trustee’s signature;
(PP) Prepare internal cash summary sheets;
(QQ) Reconcile bank accounts;
(RR) Prepare and make deposits; and
(SS) Additional routine work necessary for administration of the estate.
(3) Reimbursement of Fees and Expenses. A trustee may pay a paraprofessional only
upon specific order of the court.
(A) If the paraprofessional or trustee contends that the paraprofessional’s

services are not “trustee services,” the trustee or paraprofessional must
present evidence to support that contention. Absent adequate proof, the
court may find that the services of the paraprofessional are “trustee
services” subject to the limitation on compensation under 11 U.S.C.
§ 326(a).
(B) If a trustee refuses or neglects to file a fee application for the

paraprofessional, the paraprofessional may file a separate fee application
pursuant to 11 U.S.C. § 330. In addition to fulfilling the requirements of
11 U.S.C. § 330, FRBP 2014 and these rules, the paraprofessional’s fee
application must include: (i) a declaration explaining why a separate fee
application is necessary; and (ii) evidence establishing which services are
“trustee services” and which are not. The paraprofessional must serve any
separate fee application on the trustee, debtor, debtor’s counsel (if any), the
United States trustee, and all professionals and other paraprofessionals
employed in the case, and must give notice of the application to all
creditors.
(f) Cash Disbursements Motion.
(1) Filing and Service. If the trustee wishes to pay expenses not authorized by this
rule from estate funds, the trustee must file a cash disbursements motion to obtain
court approval of payments for emergency expenses and all other expenses the
trustee deems necessary for effective administration of the case. The cash
disbursements motion must be in substantially the same form as court-approved
form F 2016-2.2, Trustee’s Cash Disbursements Motion. The trustee must serve
the cash disbursements motion on the debtor, debtor’s counsel (if any), the United
29 01/10
LBR 2070-1
States trustee, holders of the 20 largest unsecured claims, and any other party in
interest entitled to notice under FRBP 2002. Any objection to the cash
disbursements motion must be filed and served on the trustee and trustee’s counsel,
if any, within 14 days from the date the cash disbursements motion is served. The
trustee must file the cash disbursements motion with the court within 21 days after
service of the motion. If a timely objection has not been filed, the trustee must
include a declaration to that effect. If a timely objection is filed, the trustee must
set the matter for hearing and give written notice of the date, time and place of the
hearing to the objecting party, debtor, debtor’s counsel (if any), and the United
States trustee. The trustee may seek an expedited hearing pursuant to LBR 9075-1.
(2) Hearing. The court may set a hearing on a cash disbursements motion regardless
of whether an objection is filed. However, if the court does not advise the trustee
of a hearing on the motion within 7 days after the motion is filed, the trustee may
disburse funds from the estate to pay the expenses referred to in the motion to the
extent the trustee deems it necessary, pending an order of the court. If, thereafter,
the trustee receives notice that the court has issued an order in which the cash
disbursement motion has been disapproved in whole or in part, or that the court has
set a hearing, the trustee must stop paying the expenses for which authorization
was sought in the motion or otherwise comply with the provisions of the order.
The trustee may file a motion for reconsideration pursuant to LBR 9013-4.
(3) Personal Liability and Disclosure. Except as provided in this rule, a trustee who
makes a disbursement without prior court approval may be personally liable to the
estate for the amount of the disbursement. All disbursements made by the trustee
pursuant to this rule must be disclosed in the trustee’s final report and in all
applications for fees or costs by the trustee and by paraprofessionals employed in
the case by the trustee.
(g) Nonexclusive Remedy. Nothing in this rule precludes the trustee from seeking court
approval to disburse estate funds by way of a noticed motion filed and served pursuant to
LBR 9013-1.
LBR 2070-1. CHAPTER 7 OPERATING CASES
(a) Periods Not Exceeding 30 Days. For a period not exceeding 30 days from the date of
the trustee’s appointment, a trustee may operate the business of a chapter 7 debtor and pay
any actual and necessary expenses from the Authorized Allocation permitted under LBR
2016-2(a) without a court order.
(b) Periods Exceeding 30 Days. To operate the business beyond such 30-day period, the
trustee must, prior to expiration of the 30-day period, file and serve a motion for
authorization to operate the debtor’s business under 11 U.S.C. § 721. The motion must
state the approximate length of time the trustee intends to operate the business and be
supported by evidence that justifies operation of the business and satisfies the requirements
of 11 U.S.C. § 721.
30 01/10
LBR 2081-1
(c) Authorization Not to Exceed 1 Year. The trustee may seek approval to operate the
debtor’s business for a period not exceeding 1 year.
(d) Disbursement of Estate Funds Pending Authorization. The court may hold a hearing
on the trustee’s motion after the expiration of the 30-day period, but the trustee may not
disburse estate funds other than the Authorized Allocation after the 30-day period except
upon specific order of the court.
(e) Effect of Order. An order authorizing the trustee to operate the debtor’s business does
not excuse the trustee from obtaining appropriate authorization for cash disbursements
under LBR 2016-2(f), except to the extent that the operating order expressly approves
specific expenditures from the estate.
LBR 2072-1. NOTICE TO OTHER COURTS
(a) Notice of Bankruptcy Petition. Notice of the filing of a bankruptcy petition in this
district must be given by the debtor or debtor’s counsel, at the earliest possible date, to:
(1) The clerk of any federal or state court in which the debtor is a party to pending
litigation or other proceedings; and
(2) The federal or state judge to whom the matter is assigned, all counsel of record in
the matter, and to all parties to the action not represented by counsel.
(b) Effect of Not Giving Notice. The failure to give the notice required by subsection (a) of
this rule may constitute cause for annulment of the stay imposed by 11 U.S.C. §§ 362,
922, 1201, or 1301, or may result in the imposition of sanctions or other relief.
LBR 2081-1. CHAPTER 11 CASES
(a) Motions Requiring Emergency or Expedited Relief. Subject to FRBP 6003, the
following motions may be heard pursuant to LBR 9075-1 either as an emergency motion
or on shortened time:
(1) Motion to limit notice;
(2) Motion to extend time to file schedules and statement of financial affairs;
(3) Utility motion pursuant to 11 U.S.C. § 366;
(4) Motion to establish procedures for handling multiple reclamation claims;
(5) Request for regularly scheduled hearing dates. Upon request of a debtor, the court
may establish a fixed date and time for hearing all motions and other matters in a
chapter 11 case. Once ordered, the dates and time, and exceptions, if any, will be
made available through the clerk’s office and posted in advance on the court’s
website;
31 01/10
LBR 2081-1
(6) Motion to pay prepetition payroll and to honor prepetition employment procedures.
The motion must be supported by evidence that establishes:
(A) The employees are still employed;
(B) The necessity for payment;
(C) The benefit of the procedures;
(D) The prospect of reorganization;
(E) Whether the employees are insiders;
(F) Whether the employees’ claims are within the limits established by
11 U.S.C. § 507; and that
(G) The payment will not render the estate administratively insolvent;
(7) Motion to honor and comply with customer obligations and deposits. The motion
must be supported by evidence that relief is essential to business operations and
customer confidence or that the estate may suffer postpetition damages that would
prejudice creditors, the reorganization, or the value of property of the estate;
(8) Motion to pay prepetition taxes. The motion must be supported by evidence that
establishes:
(A) The necessity for payment;
(B) The prospect of reorganization;
(C) The means to pay;
(D) That the taxes to be paid are entitled to priority pursuant to 11 U.S.C.
§ 507; and that
(E) The payment will not render the estate administratively insolvent;
(9) Motion for emergency use of cash collateral, debtor in possession financing, or
cash management;
(10) Motion for order establishing procedures for sale of estate’s assets;
(11) Appointment of a patient care ombudsman under 11 U.S.C. § 333; and
(12) Other motions where special circumstances exist. The motion must be supported
by evidence that exigent circumstances exist justifying an expedited hearing.
32 01/10
LBR 2085-1
(b) Prepackaged Plans. A hearing on a motion for order confirming a chapter 11 plan upon
which voting was conducted before commencement of the case pursuant to 11 U.S.C.
§ 1126(b) must be scheduled, if practicable, no more than 30 days after the order for relief.
(c) Severance Compensation or Employee Incentive Motions.
(1) Notice. A motion for approval of a severance compensation package or employee

incentive program must be heard on regular notice, absent exigent circumstances.
(2) Standard. The motion must state whether the employee is an insider. If so, the
motion must state whether the insider has a bona fide job offer from another
business at the same or greater rate of compensation and establish the elements of
11 U.S.C. § 503(c).
LBR 2085-1. CHAPTER 15 CASES
(a) Chapter 15 Motions – Form and Service.
(1) A motion under chapter 15 must comply with FRBP 9013.
(2) The motion must be served on the 20 largest unsecured creditors located in the
United States, the administrator appointed in any foreign proceeding with respect
to the debtor or a member of the same corporate group as the debtor, the 20 largest
unsecured creditors in each such foreign proceeding, all United States secured
creditors, all secured creditors in foreign countries who are known to the movant,
persons requesting special notice under LBR 2002-1(a), and the United States
trustee. Furthermore, every such motion other than one which may be considered
ex parte must be served by the moving party on the trustee, if the motion arises in
a case filed under chapter 7, 9, 11, 12, or 13.
(b) Authorization to Act in a Foreign Country.
(1) Every trustee or other entity (including an examiner) appointed in a bankruptcy

case pending in the United States (except for a case under chapter 15) must obtain
authority under 11 U.S.C. § 1505 before acting in a foreign country.
(2) Authorization to act in a foreign country pursuant to 11 U.S.C. § 1505 must be

made on motion of the trustee or other entity seeking such authorization. The
motion must be made in compliance with FRBP 9013, and must be served as
provided in subsection (a) of this rule.
(3) An order pursuant to this provision may be granted after notice and a hearing.
(c) Requirement to Obtain Order for Recognition. Any foreign representative seeking to
appear in any United States court or the court of any State in the United States must first
obtain an order for recognition under 11 U.S.C. § 1517. No such order is required if the
sole purpose of the appearance is to collect accounts receivable on behalf of the foreign
debtor.
33 01/10
LBR 2085-1
(d) Motion for Comity or Cooperation. A request for comity or cooperation under 11
U.S.C. § 1509(b)(3) must be made by motion pursuant to subsection (a) of this rule.
(e) Advice of Foreign Representative’s Intent to Commence a Case Under 11 U.S.C.

§ 1511. Any foreign representative who intends to commence a case under 11 U.S.C.
§ 1511(a) must file a notice of intent to commence a domestic bankruptcy case with the
court that has granted a petition for recognition under 11 U.S.C. § 1515. The notice must
be served as provided by subsection (a) of this rule.
(f) Filing Proof of Claim or Equity Security Interest by Foreign Creditor or Equity
Security Holder in Chapter 7 Liquidation, Chapter 9 Municipality, or Chapter 11
Reorganization Case.
(1) This subsection applies in all chapter 7, 9, and 11 cases to each creditor and equity
security holder that does not have an address in the United States.
(2) Every secured creditor described in subsection (f)(1) of this rule must file a proof
of claim. This obligation applies to every such creditor claiming rights in rem
against property of the debtor (whether moveable or immoveable), or holding a
claim based on a registration in a public register or based on intellectual property
(such as a patent or trademark).
(3) The filing of a claim or statement of interest under FRBP 3003 by a foreign
creditor or security interest holder must be made as provided by that rule.
(4) Notice to a foreign creditor or security interest holder must be given at least 90
days before the deadline for filing a claim or notice of interest, unless otherwise
(5) Notice of a deadline to file a claim or security interest under FRBP 3003 must be
given in the official language of the country to which the notice is directed. In
addition, the notice must be delivered by the same means that domestic notices and
legal proceedings are delivered in that country, unless the court orders otherwise.
(g) Application for Recognition.
(1) A foreign representative’s petition for recognition must be filed with the
bankruptcy court in the proper venue as provided by 28 U.S.C. § 1410. In
addition, it must be set for hearing pursuant to subsection (a) of this rule upon
notice as required by LBR 9013-1 or, if applicable, LBR 9075-1.
(2) A petition for recognition must be served pursuant to subsection (a) of this rule.
(3) If a petition for recognition requests the recognition of a foreign proceeding as a

foreign main proceeding, the petition must be accompanied by evidence of the
location of the debtor’s registered office, or the debtor’s residence in the case of
an individual. All such documents must be translated into English pursuant to 11
U.S.C. § 1515(d).
34 01/10
LBR 2085-1
(4) A party contending that a foreign proceeding is not a foreign main proceeding must
file evidence complying with FRBP 7056 in support of the party’s contention.
(5) A party seeking to rebut the presumption of 11 U.S.C. § 1516(c), that the debtor’s
registered office or habitual residence is the center of the debtor’s main interests,
must file evidence complying with FRBP 7056 in opposition to such a
determination. Should it appear from the affidavits or declarations of such a party
that the party cannot for reasons stated present evidence essential to justify the
party’s opposition, the court may order a continuance to permit evidence to be
obtained or discovery to be had or may make such other order as is just. When a
motion for recognition of a foreign main proceeding is made and supported as
provided in this rule, an adverse party may not rest upon the mere allegations or
denials of the adverse party’s pleading, but the adverse party’s response, supported
by admissible evidence, must set forth specific facts showing that there is a
genuine issue for trial.
(6) If the court finds that there is a genuine issue for trial on the recognition of a
foreign main proceeding, the court will conduct an evidentiary hearing at the
earliest practicable time, consistent with 11 U.S.C. § 1517(c).
(h) Relief from Automatic Stay; Prohibiting or Conditioning Use, Sale, or Lease of
Property; Use of Cash Collateral.
(1) A motion for relief from stay, or prohibiting or conditioning the use, sale, or lease
of property must be made pursuant to FRBP 4001(a). A motion for use of cash
collateral must be made pursuant to FRBP 4001(b). A motion pursuant to this
paragraph must be served pursuant to subsection (a) of this rule.
(2) A motion for relief from the automatic stay of 11 U.S.C. §§ 361 and 362, as
provided by 11 U.S.C. § 1520, must be made pursuant to FRBP 4001(a).
(i) Adversary Proceedings under FRBP 7001.
(1) FRBP 7001 applies to adversary proceedings under chapter 15.
(2) In addition to those proceedings listed in FRBP 7001, the following proceedings
in a chapter 15 case are adversary proceedings governed by FRBP 7001, et. seq.:
(A) A proceeding to recover money or property under 11 U.S.C. §§ 549 or 552;
(B) A proceeding to obtain an injunction or other equitable relief under 11

U.S.C. § 1519;
(C) A request for relief under 11 U.S.C. § 1521(a)(1), (2), (3) or (6); and
(D) An action initiated by a foreign representative pursuant to 11 U.S.C.

§ 1523.
35 01/10
LBR 2085-1
(j) Protection of Creditors and Other Interested Persons. Any request for security or bond
sought in connection with relief under 11 U.S.C. § 1522(b) or (c) must be made by motion
pursuant to subsection (a) of this rule.
(k) Intervention by a Foreign Representative. Intervention in any proceedings in a state or

federal court in the United States by a foreign representative must be pursuant to the rules
applicable to that court.
(l) Cooperation and Direct Communication Between the Trustee and Foreign Courts.
A trustee or other person, including an examiner, acting on behalf of the debtor must
obtain authorization from the court to communicate directly with a foreign judge. Such
authorization may be requested by application after notice and a hearing.
(m) Protocols. A party seeking approval in the form of a protocol of an agreement concerning
the coordination of proceedings must seek such approval by motion pursuant to subsection
(a) of this rule.
(n) Recognition of Domestic Case as a Main or Non-main Proceeding.
(1) A party in interest may request that the court designate a case under chapter 7, 9,
11, 12, or 13 as a main proceeding or a non-main proceeding. Such a request must
be made by motion and comply with the requirements of subsection (a) of this rule.
(2) A motion for designation of a case as a main proceeding pursuant to subsection

(n)(1) must be supported by evidence that the center of the debtor’s main interests
is located in the United States.
(3) A motion for designation of a case as a non-main proceeding pursuant to

subsection (n)(1) must be supported by evidence that the debtor has an
establishment in the United States.
(o) Final Report by Foreign Representative. A foreign representative who has been
recognized pursuant to 11 U.S.C. § 1517 must file a final report when the purpose of the
representative’s appearance in a court in the United States is completed. A representative
must report completely and accurately on the nature and results of the representative’s
activities in the court in the United States.
(p) Foreign Authorities. Any paper filed with the court that cites a foreign or international
authority in a case under the Bankruptcy Code must attach a copy of the international
foreign authority, with a translation into English.
(q) Court-to-court Communication.
(1) A court may communicate with a foreign court in connection with matters relating
to proceedings before it for the purposes of coordinating and harmonizing
proceedings before it with those in the other State.
(2) A court may communicate with an administrator in a foreign State or an authorized
36 01/10
LBR 2085-1
representative of the court in that State in connection with the coordination and
harmonization of the proceedings before it with the proceedings in the other State.
(3) A court may permit a duly authorized administrator to communicate with a foreign
court directly, subject to the approval of the foreign court, or through an
administrator in the other jurisdiction or through an authorized representative of the
foreign court on such terms as the court considers appropriate.
(4) A court may receive communications from a foreign court or from an authorized
representative of the foreign court or from a foreign administrator. The court may
respond directly if the communication is from a foreign court (subject to subsection
(q)(6) of this rule) in the case of two-way communications and may respond
directly or through an authorized representative of the court or through a duly
authorized administrator if the communication is from a foreign administrator.
(5) Communications from a court to a foreign court may take place by or through:
(A) Sending or transmitting copies of formal orders, judgments, opinions,

reasons for decision, endorsements, transcripts of proceedings, or other
documents directly to the foreign court and providing advance notice to
counsel for affected parties in such manner as the court considers
appropriate;
(B) Directing counsel, a foreign administrator or a trustee to transmit or deliver

copies of documents, pleadings, affidavits, factums, briefs or other
documents that are filed or to be filed with the court to the foreign court in
such fashion as may be appropriate and providing advance notice to counsel
for affected parties in such manner as the court considers appropriate; and
(C) Participating in two-way communications with the foreign court by

telephone or video conference call or other electronic means, subject to
subsection (q)(6) of this rule.
(6) In the event of communications between the courts in accordance with subsections
(q)(1) and (4) by means of telephone or video conference call or other electronic
means, unless otherwise directed by either of the two courts:
(A) Counsel for all affected parties may participate in person during the
communication. Advance notice of the communication must be given to
all parties in accordance with the rules of procedure applicable in each
court;
(B) The communication between the courts must be on the record; and
(C) The courts and judges in each court may communicate fully with each other
to establish appropriate arrangements for the communication without the
necessity for participation by counsel unless otherwise ordered by either of
the courts.
37 01/10
LBR 2085-1
(7) In the event of communications between the court and an authorized representative
of the foreign court or a foreign administrator in accordance with subsections (q)(2)
and (4) by means of telephone or video conference call or other electronic means,
unless otherwise directed by the court:
(A) Counsel for all affected parties may participate in person during the
communication. Advance notice of the communication must be given to
all parties in accordance with the rules of procedure applicable in each
court;
(B) The communication must be on the record; and
(C) Judges in each court may communicate fully with the authorized
representative of the foreign court or the foreign administrator to establish
appropriate arrangements for the communication without necessity for
participation by counsel unless otherwise ordered by the court.
(8) A court may conduct a joint hearing with another court. In connection with any
such joint hearing, the following provisions apply, unless otherwise ordered or
unless otherwise provided in any previously approved protocol applicable to such
joint hearing:
(A) Each court must be able to simultaneously hear the proceedings in the other
court;
(B) Evidentiary or written materials filed or to be filed in one court must be

transmitted to the other court or made available electronically in a publicly
accessible system in advance of the hearing. Transmittal of such material
to the other court or its public availability in an electronic system must not
subject the party filing the material in one court to the jurisdiction of the
other court;
(C) Submissions or applications by the representative of any party should be

made only to the court in which the representative making the submissions
is appearing unless the representative is specifically given permission by
the other court to make submissions to it;
(D) Subject to subsection (q)(6)(B), the court may communicate with the
foreign court in advance of a joint hearing, with or without counsel being
present, to establish guidelines for the orderly making of submissions and
rendering of decisions by the courts, and to coordinate and resolve any
procedural, administrative or preliminary matters relating to the joint
hearing; and
(E) Subject to subsection (q)(6)(B), the court, subsequent to the joint hearing,
may communicate with the foreign court, with or without counsel present,
for the purpose of determining whether coordinated orders could be made
by both courts to coordinate and resolve any procedural or non-substantive
matters relating to the joint hearing.
38 01/10
LBR 2085-1
(9) The court may, except upon proper objection on valid grounds and then only to the
extent of such objection, recognize and accept as authentic the provisions of
statutes, statutory or administrative regulations, and rules of court of general
application applicable to the proceedings in the foreign jurisdiction without the
need for further proof or exemplification thereof.
(10) The court may, except upon proper objection on valid grounds and then only to the
extent of such objection, accept that orders made in the proceedings in the other
jurisdiction were duly and properly made or entered on or about their respective
dates and accept that such orders require no further proof or exemplification for
purposes of the proceedings before it, subject to all such proper reservations as in
the opinion of the court are appropriate regarding proceedings by way of appeal
or review that are actually pending in respect of any such orders.
(11) The court may coordinate proceedings before it with proceedings in another State
by establishing a service list that may include parties that are entitled to receive
notice of proceedings before the court in the other State (“non-resident parties”).
The court may also order that all notices, applications, motions, and other materials
served for purposes of the proceedings before the court be provided to or served
on the non-resident parties by making such materials available electronically in a
publicly accessible system or by facsimile transmission, certified or registered mail
or delivery by courier, or in such other manner as may be directed by the court.
(12) The foreign administrator or a representative of creditors in the proceedings in the

other State or an authorized representative of the court in the other State may
appear and be heard by the court without thereby becoming subject to the
jurisdiction of the court.
(13) The court may direct that any stay of proceedings affecting the parties before it
shall, subject to further order of the court, not apply to applications or motions
brought by such parties before the other court or that relief be granted to permit
such parties to bring such applications or motions before the other court on such
terms and conditions as it considers appropriate. Court-to-court communications
in accordance with subsections (q)(5) and (6) hereof may take place if an
application or motion brought before the court affects or might affect issues or
proceedings in the court in the other State.
(14) A court may communicate with a foreign court or with an authorized representative
of such court in the manner prescribed by this rule for purposes of coordinating
and harmonizing proceedings before it with proceedings in the other jurisdiction
regardless of the form of the proceedings before it or before the foreign court
wherever there is commonality among the issues and/or the parties in the
proceedings.
(15) Directions issued by the court under this rule are subject to such amendments,
modifications, and extensions as may be appropriate for the purposes described in
this rule and to reflect the changes and developments from time to time in the
39 01/10
LBR 2090-1
proceedings before it and before the foreign court. Any directions may be
supplemented, modified, and restated from time to time and such modifications,
amendments, and restatements should become effective upon being accepted by
both courts. If either court intends to supplement, change or abrogate directions
issued under this rule in the absence of joint approval by both courts, the court
must give the foreign courts involved reasonable notice of its intention to do so.
(16) Arrangements contemplated under this rule do not constitute a compromise or

waiver by the court of any powers, responsibilities or authority and do not
constitute a substantive determination of any matter in controversy before the court
or before the foreign court nor a waiver by any of the parties of any of their
substantive rights and claims or a diminution of the effect of any of the orders
made by the court or the foreign court.
LBR 2090-1. ATTORNEYS – ADMISSION TO PRACTICE
(a) Appearance Before the Court.
(1) Attorney. An attorney admitted to practice before the district court may practice
before the bankruptcy court. An attorney who is not admitted to the bar of, or
permitted to practice before, the district court may not appear before the court on
behalf of a person or entity, except as provided by this rule. Attorneys appearing
before the court must have read the FRBP, F.R.Civ.P., F.R.Evid., and these rules
in their entirety.
(2) Scope of Appearance.
(A) In a chapter 7 case, an attorney may limit the attorney’s appearance to the
administration of the case, or one or more proceedings in the case.
(B) In chapter 9, 11, 12, and 13 cases, the attorney for the debtor is presumed
to appear for the case and all proceedings in the case, unless otherwise
(3) Disclosure of Scope of Appearance in Chapter 7 Cases. In a chapter 7 case, the

attorney for the debtor must file a statement disclosing the scope of the attorney’s
appearance on the date of the entry of the order for relief, or, if the attorney has
not been employed by such date, then no later than the date of the first appearance
made by the attorney. The statement required by this rule must be on a form
approved by the court and signed by the debtor.
(b) Pro Hac Vice Appearance.
(1) Permission for Pro Hac Vice Appearance. Any person who is not otherwise
eligible for admission to practice before the court, but who is a member in good
standing of, and eligible to practice before, the bar of any United States court, or
of the highest court of any state, territory, or insular possession of the United
States, who is of good moral character, and who has been retained to appear before
the court, may, upon written application and at the discretion of the court, be
40 01/10
LBR 2090-1
permitted to appear and participate pro hac vice in a particular case or in a

particular proceeding in a case.
(2) Disqualification from Pro Hac Vice Appearance. Unless authorized by the
Constitution of the United States or Act of Congress, an applicant is not eligible
for permission to appear pro hac vice if the applicant:
(A) Resides in California; or
(B) Is regularly employed in California; or
(C) Is regularly engaged in business, professional, or other similar activities in

California.
(3) Designation of Local Counsel. A person applying to appear pro hac vice must
designate an attorney who is a member of the bar of the court and who maintains
an office within this district as local counsel with whom the court and opposing
counsel may readily communicate regarding the conduct of the case and upon
whom papers may be served, unless otherwise ordered by the court.
(4) Designation of Co-counsel. A judge to whom a case is assigned may, in the

exercise of discretion, require the designation of an attorney who is a member of
the bar of the court and who maintains an office within this district as co-counsel
with authority to act as attorney of record for all purposes.
(5) Obtaining Permission for Pro Hac Vice Appearance. An applicant seeking
permission to appear pro hac vice must present to the clerk:
(A) Proof of payment of the fee required by the district court; and
(B) A written application on or conforming to court-approved form F 2090-1.2,

Application of Non-Resident Attorney to Appear in a Specific Case,
disclosing the following:
(i) The applicant’s name, and office or residence address;
(ii) The courts to which the applicant has been admitted to practice and
the respective dates of admission;
(iii) A statement by the applicant of the good standing to practice before

the courts to which the applicant has been admitted;
(iv) Whether the applicant has been disciplined by any court or

administrative body, and if disciplinary proceedings are pending, the
details of such proceedings, and whether the applicant resigned
while disciplinary proceedings were pending;
41 01/10
LBR 2090-1
(v) Whether in the 3 years preceding the application, the applicant has
filed for permission to practice pro hac vice before any court within
the state of California, together with the court, title and number of
each such proceeding, and the disposition of each such application;
(vi) A certificate that the applicant has read the FRBP, the F.R.Civ.P.,
the F.R.Evid., and these rules in their entirety; and
(vii) The designation required by LBR 2090-1(b)(3) or LBR

2090-1(b)(4) including the office address, telephone number, and
written consent of the designee.
(6) Notice and Hearing. An application for permission to appear pro hac vice does not
require notice or a hearing.
(c) Attorneys for the United States. Any person who is not eligible for admission under
LBR 2090-1(b), or Local Civil Rules 83-2.2.1 or 83-2.3 of the district court, who is
employed within California and who is a member in good standing of and eligible to
practice before the bar of any United States court, or of the highest court of any state,
territory or insular possession of the United States, and who is of good moral character,
may be granted leave of court to practice in the court in any matter for which such person
is employed or retained by the United States or its agencies.
(d) Professional Corporations, Unincorporated Law Firms, and In-house Attorneys.
(1) Appearance. A professional law corporation or unincorporated law firm

(collectively, “law firm”) may not make an appearance on behalf of a party nor
may pleadings or other documents be signed in the name of the law firm except by
an attorney admitted to the bar of or permitted to practice before the court. This
rule does not apply to pro se appearances by the attorney individually or on behalf
of the attorney’s law firm.
(2) Form of Appearance.
(A) A law firm must appear in the following form of designation or its
equivalent:
John Smith (state bar number)

Smith and Jones
Address
Telephone Number
Fax Number (if any)
E-Mail Address (if any)
Attorneys for _________________
42 01/10
LBR 2090-2
(B) An in-house attorney must appear in the following form of designation or

its equivalent:
John Smith (state bar number)

Name of corporation or business entity
Address
Telephone Number
Fax Number (if any)
E-Mail Address (if any)
Attorney for
(C) Except as provided in LBR 1002-1(b) and LBR 2002-1(a), the disclosure
of an e-mail address by an attorney in the form of designation is optional.
(e) Law Student Certification for Practice in Bankruptcy Court. A law student may be
certified for practice in the bankruptcy court if the student meets the requirements of Local
Civil Rule 83-4 of the district court for appearances in civil cases, except that the student
need only complete one-third (rather than one-half) of the legal studies required for
graduation. The law student also must have:
(1) Taken or be taking concurrently a course in bankruptcy law; and
(2) Knowledge of and familiarity with the F.R.Civ.P., FRBP, F.R.Evid., the Rules of
Professional Conduct of the State Bar of California, and these rules.
LBR 2090-2. ATTORNEYS – DISCIPLINE AND DISBARMENT
(a) Standards of Conduct. An attorney who appears for any purpose in this court is subject
to the standards of professional conduct set forth in Local Civil Rule 83-3.1.2 of the
district court.
(b) Disciplinary Authority of Court. An attorney appearing in this court submits to the
discipline of the court. If a judge has cause to believe that an attorney has engaged in
unprofessional conduct, the judge may do one or more of the following:
(1) Initiate proceedings for civil or criminal contempt;
(2) Impose other appropriate sanctions;
(3) Refer the matter to the appropriate disciplinary authority of the state or jurisdiction
in which the attorney is licensed to practice; or
(4) Refer the matter pursuant to the procedures set forth in Local Civil Rule 83-3 of
the district court or General Order 96-05, Attorney Discipline Procedures in
Bankruptcy Court.
43 01/10
LBR 2091-1
LBR 2091-1. ATTORNEYS – WITHDRAWAL, SUBSTITUTION, AND CHANGE OF

ADDRESS
(a) Motion for Withdrawal. Except as provided in LBR 2091-1(b) and LBR 3015-1:
(1) An attorney who has appeared on behalf of an entity in any matter concerning the
administration of the case, in one or more proceedings, or both, may not withdraw
as counsel except by leave of court; and
(2) An entity represented by counsel may not appear without counsel or by a different
attorney except by leave of court.
(b) Consensual Substitution of Counsel.
(1) A consensual substitution of attorneys may be filed and served to substitute counsel
without leave of court where:
(A) An entity on whose behalf an attorney has appeared in any matter

concerning the administration of the case, in one or more proceedings, or
both, desires to substitute a different attorney in place of its former
attorney; or
(B) A previously unrepresented entity desires to substitute an attorney

employed to represent the entity.
(2) A substitution of attorney must be filed in substantially the same form as court-
approved form F 2090-1.4, Substitution of Attorney, and served on those persons
entitled to notice under LBR 2091-1(c).
(3) An attorney’s employment as a “professional person” under 11 U.S.C. §§ 327 or

1103 is not approved merely by the filing of a Substitution of Attorney and service
of notice thereof. Approval of employment must be obtained in compliance with
the requirements of the Bankruptcy Code, FRBP, and these rules.
(c) Notice.
(1) Case. An attorney seeking withdrawal or substitution who has appeared on behalf
of an entity in any matter concerning the administration of the case must give
notice of the proposed substitution or motion for leave to withdraw to the debtor,
the United States trustee, any case trustee, any committee appointed in the case,
counsel for any of the foregoing, and parties requesting special notice.
(2) Proceedings. An attorney seeking withdrawal or substitution who has appeared on

behalf of an entity only in one or more proceedings must give notice of the
proposed substitution or motion for leave to withdraw to the debtor, each party
who has been named or who has appeared in such proceeding(s), and the United
States trustee.
44 01/10
LBR 2091-1
(3) Cases and Proceedings. An attorney seeking withdrawal or substitution who has
appeared on behalf of an entity both in the case and one or more proceedings must
give notice of the proposed substitution or motion for leave to withdraw to all
entities entitled to notice under subsections (c)(1) and (2) of this rule.
(d) Corporation, Partnership, Unincorporated Association, or Trust. An attorney moving

for leave to withdraw from representation of a corporation, a partnership including a
limited liability partnership, a limited liability company, or any other unincorporated
association, or a trust, concurrently or prior to filing any such motion, must give notice to
the client of the consequences of its inability to appear without counsel, including the
possibility that a default judgment may be entered against it in pending proceedings; or,
if the client is a chapter 11 debtor, that the case may be converted to chapter 7, a trustee
may be appointed, or the case may be dismissed.
(e) Delay by Withdrawal or Substitution.
(1) A withdrawal or substitution of counsel will not result in a continuance of any

matter, absent an order granting a motion for continuance after notice and a hearing
pursuant to LBR 9013-1(m).
(2) Unless good cause is shown and the ends of justice require, no substitution or
withdrawal will be allowed that will cause unreasonable delay in prosecution of the
case or proceeding to completion.
(f) Change of Address.
(1) An attorney who changes office address must file and serve a notice of change of
address to update the attorney’s address in the court’s electronic database.
(2) In the absence of a specific request to the contrary, a change of address will update
the attorney’s address in the court’s electronic database and the mailing list in all
open cases in which the attorney represents a debtor or other party in interest.
45 01/10
[BLANK PAGE]
46 01/10
LBR 3001-1
LBR 3001-1. NOTICE OF CLAIMS BAR DATE IN CHAPTER 11 CASES
When the court orders a bar date for the filing of claims in a chapter 11 case, the debtor in
possession or the chapter 11 trustee must serve notice of the claims bar date on all creditors and
other parties entitled to notice. The following language must be used in the notice:
NOTICE OF CLAIMS DEADLINE
The Bankruptcy Court has set a deadline of , 20 for creditors and holders
of ownership interests in the above-referenced debtor to file proofs of claim against or
proofs of interest in the debtor’s estate.
The exceptions to this deadline for filing proofs of claim or interest are: (1) claims arising
from rejection of executory contracts or unexpired leases; (2) claims of governmental
units; and (3) claims arising as the result of transfer avoidance pursuant to chapter 5 of the
Bankruptcy Code.
For claims arising from rejection of executory contracts or unexpired leases pursuant to
11 U.S.C. § 365, the last day to file a proof of claim is: (a) 30 days after the date of entry
of the order authorizing the rejection, or (b) [repeat the bar date set for all other claims
here], whichever is later.
For claims of “governmental units,” as that term is defined in 11 U.S.C. § 101(27), proofs
of claim are timely filed if filed: (a) before 180 days after the date of the order for relief
in this case, or (b) by [repeat the bar date set for all other claims here], whichever is
later. 11 U.S.C. § 502(b)(9).
For claims arising from the avoidance of a transfer under chapter 5 of the Bankruptcy
Code, the last day to file a proof of claim is: (a) 30 days after the entry of judgment
avoiding the transfer, or (b) [repeat the bar date set for all other claims here],
whichever is later.
If you are listed on the Schedules of Assets and Liabilities of [debtor] and your claim or
interest is not scheduled as disputed, contingent, unliquidated or unknown, your claim or
interest is deemed filed in the amount set forth in the schedules, and the filing of a proof
of claim or interest is unnecessary if you agree that the amount scheduled is correct and
that the category in which your claim or interest is scheduled (secured, unsecured,
preferred stock, common stock, etc.) is correct. 11 U.S.C. § 1111(a).
If your claim or interest is not listed on the schedules or is scheduled as disputed,

contingent, unliquidated or unknown, or you disagree with the amount or description
scheduled for your claim or interest, you must file a proof of claim or interest.
Failure of a creditor or interest holder to file timely a proof of claim or interest on

or before the deadline may result in disallowance of the claim or interest or
subordination under the terms of a plan of reorganization without further notice or
hearing. 11 U.S.C. § 502(b)(9). Creditors and interest holders may wish to consult
an attorney to protect their rights.
47 01/10
LBR 3007-1
LBR 3007-1. OBJECTIONS TO CLAIMS
(a) Objections.
(1) An objection to claim is a “contested matter” under FRBP 9014. Except to the
extent otherwise provided in this rule, an objection to claim must comply with
LBR 9013-1 and be titled “Motion for Order Disallowing Claim” unless the
objection is to become an adversary proceeding pursuant to FRBP 3007(b).
(2) A claim objection must include the number, if any, assigned to the disputed claim
on the court’s claims register.
(3) A separate objection must be filed to each proof of claim unless:
(A) The objection pertains to multiple claims filed by the same creditor;
(B) The objection is an omnibus claim objection; or
(C) The court orders otherwise.
(4) An omnibus claim objection asserts the same type of objection to claims filed by
different creditors (e.g., claims improperly filed as priority claims, duplicate claims,
claims filed after the bar date, etc., as described in FRBP 3007(d)). In addition to
the requirements set forth in FRBP 3007(e), an omnibus claim objection must:
(A) Identify the name of each claimant and the claim number in the caption of
the objection; and
(B) Include as exhibits the documents supporting each claim objection

organized and indexed by claim number.
(5) If more than 20 objections in a case are noticed for hearing on a single calendar,
the objector must comply with the supplemental procedures contained in the Court
(b) Notice and Hearing.
(1) A claim objection must be set for hearing on notice of not less than 30 days.
(2) The claim objection must be served on the claimant at the address disclosed by the
claimant in its proof of claim and at such other addresses and upon such parties as
may be required by FRBP 7004 and other applicable rules.
(3) Notice of the objection on or conforming to court-mandated form F 3007-1.3,

Notice of Objection to Claim must be served with the claim objection. The notice
must advise the claimant of the date, time, and place of hearing, and state:
(A) A response must be filed and served not later than 14 days prior to the date
of hearing set forth in the notice; and
48 01/10
LBR 3007-1
(B) If a response is not timely filed and served, the court may grant the relief
requested in the objection without further notice or hearing.
(4) The court will conduct a hearing on a claim objection to which there is a timely
response.
(5) If the claimant timely files and serves a response, the court, in its discretion, may
treat the initial hearing as a status conference if it determines that the claim
objection involves disputed fact issues or will require substantial time for
presentation of evidence or argument.
(6) If the claimant does not timely file and serve a response, the court may sustain the
objection and grant the motion for order disallowing the claim without a hearing.
(A) The objector must file a declaration attesting that no response was served
upon the objector. The declaration must identify the docket number and
filing date of the objection to claim, notice, and proof of service of the
notice and objection to claim, and be served on the claimant.
(B) The objector must also lodge a proposed order prepared and served in
accordance with LBR 9021-1 which provides for service of the entered
order on the claimant and counsel, if any, and the United States trustee.
(c) Evidence Required.
(1) An objection to claim must be supported by admissible evidence sufficient to

overcome the evidentiary effect of a properly documented proof of claim executed
and filed in accordance with FRBP 3001. The evidence must demonstrate that the
proof of claim should be disallowed, reduced, subordinated, re-classified, or
otherwise modified.
(2) A copy of the complete proof of claim, including attachments or exhibits, must be
attached to the objection to claim, together with the objector’s declaration stating
that the copy of the claim attached is a true and complete copy of the proof of
claim on file with the court, or, if applicable, of the informal claim to which
objection is made.
(3) If the complete proof of claim is not readily available from the court file, the
objector may formally request a copy from the holder of the claim by serving the
creditor with a notice in substantially the same form as court-approved form
F 3007-1.2, Notice of Request for a Copy of Proof of Claim.
(A) The request must advise the holder of the claim that failure to supply a
complete copy of the proof of claim, including all attached documentation,
within 30 days of the notice may constitute grounds for objection to the
claim based on the claimant’s failure to provide requested documentation
to support the claim.
49 01/10
LBR 3011-1
(B) If an objection is filed on this basis, it must be accompanied by a

declaration providing evidence that the proof of claim was not readily
available from the court file or otherwise.
(4) If the basis for the objection is that the proof of claim was filed after the bar date,
the objection must include a copy of each of the following:
(A) The bar date order, if any;
(B) The notice of bar date; and
(C) Proof of service of the notice of bar date.
(5) If the basis for the objection is that there are duplicate proofs of claim, the
objection must include a complete copy of each proof of claim.
LBR 3011-1. PROCEDURE FOR OBTAINING ORDERS RELEASING UNCLAIMED

FUNDS
(a) Form of Motion.
(1) An entity seeking the release of unclaimed funds pursuant to 28 U.S.C. § 2042
must file a motion in compliance with LBR 9013-1 using either court-approved
form F 3011-1, Motion for Order Releasing Unclaimed Funds, or a motion
containing all of the information and supporting evidence required by the court-
approved form.
(2) The failure to comply with this requirement may result in denial of the motion
without a hearing under LBR 9013-1.
(b) Notice.
(1) A motion for an order releasing unclaimed funds must be served on at least the
following parties:
(A) United States attorney for the Central District of California;
(B) United States trustee for the Central District of California;
(C) The trustee appointed in the case and the trustee’s counsel (if any);
(D) The debtor, debtor in possession, reorganized debtor, or other fiduciary

appointed to supervise the distribution of funds and assets of the estate and
its counsel (if any); and
(E) If movant is not the original creditor or an employee thereof, the original
creditor, addressed to the attention of the managing officer or person of that
creditor, if applicable, and upon the creditor’s counsel (if any).
50 01/10
LBR 3015-1
(2) The motion will be denied if not served properly on all parties listed in subsection
(b)(1) of this rule.
LBR 3015-1. PROCEDURES REGARDING CHAPTER 13 CASES
(a) Applicability.
(1) Except as provided herein, this rule relates to chapter 13 cases in all divisions of
the bankruptcy court and supersedes any previous orders in conflict with the
provisions hereof.
(2) To the extent that this rule conflicts with any other provisions of the Local
Bankruptcy Rules, the provisions of this rule prevail. In all other respects, the
Local Bankruptcy Rules apply in all chapter 13 cases.
(b) Filing and Service of Petitions, Plans, Proofs of Claim, and Other Forms.
(1) Filing of Petition. An original and one copy of the petition, schedules and all other
documents required to initiate the case must be filed with the court. If the petition
is filed electronically, the debtor must provide court copies as required by the
CM/ECF Procedures contained in the Court Manual available from the clerk and
on the court’s website.
Except as provided by FRBP 1019(1)(A), if the chapter 13 schedules, plan, and all
other required documents are not filed with the petition, the clerk will issue a
notice advising the debtor that, if the missing documents are not filed within 14
days from the date of the filing of the petition, the court may dismiss the case,
unless the court grants a motion to extend time filed within the 14 days.
(2) Time Extension. A motion for extension of time must be accompanied by a

declaration showing specific cause for an extension of time, the amount of
additional time requested, the date the petition was filed, and a proof of service
evidencing that the motion and declaration were served on the chapter 13 trustee.
The court may consider the motion without a hearing. If any schedule, the
statement, or the plan is not filed within the initial 14 days or within such
additional time as the court may allow in response to a timely motion for extension
of time, the court may dismiss the case.
(3) Notice and Service. The debtor must serve a notice of the hearing on confirmation
of debtor’s chapter 13 plan, along with a copy of the chapter 13 plan, on all
creditors and the chapter 13 trustee at least 28 days before the date first set for the
§ 341(a) meeting of creditors, using the court-mandated F 3015-1 form. A proof
of service must be filed with the court and served on the chapter 13 trustee at least
14 days prior to the date first set for the meeting of creditors. Chapter 13 papers
should not be served on the United States trustee, except as provided in subsection
(q) of this rule or when the United States trustee serves as chapter 13 trustee.
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(4) Forms. The chapter 13 petition, schedules, statement of financial affairs, and
proofs of claim must be prepared on the appropriate Official Form, as required by
FRBP 1007(b)(1). All other chapter 13 papers filed by the debtor must be filed
using applicable court-mandated forms, if any, or be prepared in the same format.
Any modification to the text of an Official Form or court-mandated form must
comply with LBR 9009-1.
If a court-mandated form is not used, the debtor must include a statement under
penalty of perjury that either certifies that the document contains all of the
language of the court-mandated form or specifies each respect in which the
document differs from the court-mandated form.
(5) Proof of Claim. Each proof of claim must be filed in accordance with FRBP 3002
and must be served on the debtor’s attorney or the debtor, if not represented by
counsel, and on the chapter 13 trustee. Each proof of claim must include a proof
of service.
(6) Domestic Support Obligations. In all cases in which there is a domestic support
obligation, regardless of the entity holding such claim, the debtor must provide to
the chapter 13 trustee within 14 days of the filing of the petition the name, current
address, and current telephone number of the holder of the claim along with any
applicable case number and account number. Throughout the duration of the case,
the debtor must inform the chapter 13 trustee of any new or changed information
regarding this requirement. Should a domestic support obligation arise after the
filing of the petition, the debtor must provide the required information to the
chapter 13 trustee as soon as practicable but no later than 14 days after the duty
arises to pay the domestic support obligation.
(c) Meeting of Creditors – § 341(a).
(1) Notice and Service. Notice of the § 341(a) meeting of creditors and initial
confirmation hearing date along with a proof of claim form will be served on all
creditors by the court at least 28 days before the date first set for the § 341(a)
meeting of creditors.
(2) Attendance Requirement. The debtor and debtor’s attorney (if any) must attend the
§ 341(a) meeting of creditors. If the case is a joint case, both debtors must appear.
(3) Evidence of Income. The debtor must provide evidence of current income (pay
stubs, tax returns, or other equivalent documentation) to the chapter 13 trustee at
least 7 days before the § 341(a) meeting of creditors. If income from third party
contributors will be used to fund the plan, the debtor must also provide evidence
(declarations and pay stubs or other appropriate evidence) of the commitment and
ability of the third party to make payments.
(4) Required Reports in a Business Case. If the debtor is operating a business or is

otherwise self-employed, the debtor must submit to the chapter 13 trustee, at least
7 days before the § 341(a) meeting of creditors, the following reports required to
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investigate the acts, conduct, assets, liabilities, and financial condition of the
debtor, the operation of the debtor’s business, and the feasibility of such business:
(A) Projection of average monthly income and expenses for the next 12 months;
(B) Evidence of appropriate business insurance;
(C) Inventory of goods as well as a list of business furnishings and equipment

as of the date of the filing of the petition;
(D) Monthly income and expense statements for at least the 6 months preceding
the date of the filing of the petition, or for such shorter time if the business
has been in operation for less than the requisite 6 months, signed by the
debtor under penalty of perjury, including a statement regarding incurred
and unpaid expenses;
(E) Tax returns for at least 5 years or since the start of the business, whichever
period is shorter; and
(F) Such other evidence requested by the chapter 13 trustee, including bank
statements, canceled checks, contracts, or other information relevant to the
debtor’s ability to fund the proposed plan.
(5) Other Required Documents. The debtor must submit to the chapter 13 trustee, at
least 7 days before the § 341(a) meeting of creditors, the Declaration re Payment
of Domestic Support Obligation (Preconfirmation), the Declaration re Tax Returns
(Preconfirmation), and any other required documents.
(6) Failure to Comply. If the debtor fails to comply with any of the requirements of
subsection (c) of this rule, such failure may result in:
(A) Disgorgement of attorneys’ fees if the failure is attributed to the debtor’s

attorney;
(B) Continuance of the § 341(a) meeting or confirmation hearing; and/or
(C) Dismissal of the case either (i) without prejudice or (ii) with a 180-day bar
to refiling pursuant to 11 U.S.C. § 109(g), if the court finds willful failure
of the debtor to abide by orders of the court or to appear before the court
in proper prosecution of the case.
(d) Confirmation Hearing. The debtor’s attorney or the debtor, if not represented by
counsel, must appear at the confirmation hearing unless specifically excused by court order
or by the trustee prior to the confirmation hearing in conformance with procedures of the
judge to whom the case is assigned.
(1) Varied Calendaring and Appearance Procedures. The judges of this district do not
have a uniform policy governing calendaring and appearance at a confirmation
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LBR 3015-1
hearing. Some judges allow confirmation to take place as early as the date of the
§ 341(a) meeting of creditors and without court appearance by any party if there
are no timely objections to confirmation or all such objections have been resolved.
Some judges require a hearing on all plan confirmations but excuse appearances
by the debtor and debtor’s attorney (if any) if there are no timely objections to
confirmation or all such objections have been resolved. Some judges require a
hearing on all plan confirmations and appearance by the debtor and debtor’s
attorney (if any), regardless of whether there are unresolved objections to
confirmation.
Because of this variance in procedure, parties in interest are advised to contact the
chapter 13 trustee assigned to the case, consult the chapter 13 trustee’s website, or
refer to the court’s website as it may pertain to the requirements of an individual
judge.
(2) Preparation of Order Confirming Plan. Unless otherwise ordered by the court, the
chapter 13 trustee will prepare and lodge a proposed Order Confirming Plan
(“Order”). The Order will state the amount of the debtor’s attorney’s fees and
costs allowed by the court. If a Rights and Responsibilities Agreement has been
signed by the attorney and debtor, filed, and served on the chapter 13 trustee, the
order will provide for the amount set forth in that agreement, unless the court
orders otherwise.
(e) Personal Property, including Vehicles.
(1) Postpetition Payments. The plan may provide that postpetition contractual
payments on leases of personal property and claims secured by personal property,
including vehicles, will be made directly to the creditor. All such direct payments
must be made as they come due postpetition. If there are arrearages or the plan
changes the amount of payment, duration, or interest rate for any reason, including
the fact that a portion of the claim is deemed unsecured, then all payments so
provided in the plan must be paid through the chapter 13 trustee. If the plan
provides for postpetition contractual payments to be made through the chapter 13
trustee, the debtor must pay the lease and adequate protection payments required
by 11 U.S.C. §§ 1326(a)(1)(B) and 1326(a)(1)(C) through the chapter 13 trustee.
(2) Property Surrendered in Confirmed Plan. When the confirmed plan provides for
the surrender or abandonment of property, the trustee is relieved from making any
payments on the creditor’s related secured claim, without prejudice to the creditor’s
right to file an amended unsecured claim for a deficiency, when appropriate.
(f) Domestic Support Obligations. The plan may provide for current payments of domestic
support obligations directly to the creditor. Arrearages must be paid through the chapter
13 trustee unless specific cause is shown, supported by appropriate declaration or other
admissible evidence.
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LBR 3015-1
(g) Objections to Plan.
(1) Filing and Service. Objections, if any, to the confirmation of the plan must be in
writing, supported by appropriate declarations or other admissible evidence, filed
with the court, and served on debtor’s attorney, the debtor (if not represented by
counsel), and the chapter 13 trustee not less than 7 days before the § 341(a)
meeting of creditors.
(2) Form of Objection and Caption.
(A) Written. A written objection must state in the caption the date, time, and
place of the § 341(a) meeting of creditors and the date, time, and place of
the confirmation hearing.
(B) Oral. Notwithstanding subsection (g)(1), an oral objection may be made on

the record at the § 341(a) meeting of creditors by any party in interest.
(3) Failure to Object or to Prosecute Objection. The failure either to file a written
objection on a timely basis or to appear at the § 341(a) meeting of creditors to
prosecute the objection may be deemed a waiver of the objection.
(4) Attendance. Any creditor who objects to confirmation of the plan should attend
both the § 341(a) meeting of creditors and the confirmation hearing if the objection
is not resolved. If the objecting creditor does not appear at the confirmation
hearing, the court may overrule the objection.
(h) Amendments to Plan Prior to Confirmation.
(1) Filing and Service. If a debtor wishes the court to confirm a plan other than the
plan originally filed with the court, an amended plan must be received by the
chapter 13 trustee and filed with the court at least 7 days before the confirmation
hearing. If the amended plan will adversely affect any creditor (for example, if it
treats any creditor’s claim less favorably than the previously filed plan), the
amended plan must also be served on all affected creditors at least 28 days before
the confirmation hearing. Failure to comply with these requirements may result in
continuance of the confirmation hearing or dismissal of the case.
(2) Form of Amendment and Caption. The caption of an amended plan must identify
the pleading as an amended plan (e.g., “First Amended Plan,” “Second Amended
Plan,”) and must state the date, time, and place of the confirmation hearing at
which the debtor will seek confirmation.
(3) Amended Plan Payments. If the debtor has filed an amended plan prior to
confirmation, the plan payments that come due after the date the amended plan is
filed must be made in the amount stated in the amended plan, which may be higher
or lower than the amount stated in the original plan. Where successive amended
plans are filed, any plan payment that comes due must be made in the amount
stated in the most recently filed amended plan.
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LBR 3015-1
(i) Amendments to Plan at the Confirmation Hearing. An amendment to a plan which

does not adversely affect creditors may be made at the confirmation hearing by
interlineation in the confirmation order. The proponent should give the chapter 13 trustee
an opportunity to review the proposed amendment prior to the confirmation hearing.
(j) Objections to Claims.
(1) Filing and Service. An objection to claim must: (A) be filed with the court and
served, subject to subsection (x) of this rule, on the chapter 13 trustee and affected
creditor; (B) identify the claim by both the claim number on the court’s docket
and the claim number on the chapter 13 trustee’s docket; (C) give notice of the
date, time, and courtroom of hearing on the face of the objection; and (D) comply
with LBR 3007-1.
(2) Payments on Claim. Pending resolution, the chapter 13 trustee will make payments
on only the uncontroverted portion of the claim subject to an objection, until such
time as the court orders otherwise.
(k) Plan Payments to Chapter 13 Trustee.
(1) Plan Payment Procedure.
(A) Plan payments are due on the same day of each month beginning not later
than 30 days after the petition is filed. If the case was converted from
chapter 7, the first plan payment is due 30 days from the date of
conversion. However, if the plan payment due date falls on the 29th, 30th,
or 31st of the month, then the plan payment is due on the 1st of the
following month. Unless otherwise instructed by the assigned chapter 13
trustee, all plan payments that accrue before the § 341(a) meeting of
creditors must be tendered, in the form described in subsection (k)(3) of
this rule, to the chapter 13 trustee or the trustee’s representative at the
§ 341(a) meeting of creditors.
(B) All plan payments that accrue after the § 341(a) meeting of creditors but
prior to confirmation must be tendered on a timely basis to the chapter 13
trustee, as instructed by the chapter 13 trustee at the § 341(a) meeting of
creditors.
(C) All plan payments that accrue after confirmation of the plan must be sent
to the address provided by the chapter 13 trustee.
(D) To the extent debtor has made plan payments under an original or modified
plan prior to confirmation that differ from payments required by the
confirmed plan, the confirmation order must account for plan payments
made through the date of confirmation and adjust the on-going plan
payments accordingly so that the debtor will complete payment of all plan
amounts within the term of the confirmed plan.
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LBR 3015-1
(2) Adequate Protection Payments. The debtor cannot reduce the amount of the plan
payments to the chapter 13 trustee under 11 U.S.C. §§ 1326(a)(1)(B) or
1326(a)(1)(C) without an order of the court.
(A) Pending confirmation of the plan, the chapter 13 trustee will promptly
transmit payments received from the debtor as proposed in the debtor’s
chapter 13 plan to a creditor holding an allowed claim secured by personal
property where such security interest is attributable to the purchase of such
property.
(B) The chapter 13 trustee may assess an administrative fee for effecting the
payments required in subsection (k)(2)(A) of this rule and may collect such
fee at the time of making the payment. The allowed expense fee must be
no more than the percentage fee established by the Attorney General
pursuant to 28 U.S.C. § 586(e)(1)(B) in effect at the time of the
disbursement.
(C) Should the case be dismissed or converted prior to or at the hearing on

confirmation of the plan, any portion of the balance on hand which has
been tendered to the chapter 13 trustee for adequate protection must be
disbursed to the creditor to whom those adequate protection payments are
owed as soon as practicable.
(3) Form of Payment. Unless and until a payroll deduction order is effective, all plan
payments must be in the form of cashier’s check, certified funds, or money order
made payable to the “Chapter 13 Trustee” and tendered by the debtor as instructed
by the chapter 13 trustee. The court may require plan payments through a payroll
deduction order. If a payroll deduction order is not issued upon confirmation of
a plan or authorized in the confirmation order, whenever a plan payment is more
than 21 days late, the chapter 13 trustee may bring a noticed motion requesting the
court to issue such an order. The issued order must be served upon the debtor’s
employer, the debtor, and the debtor’s attorney (if any).
(4) Dismissal or Conversion for Non-Payment. If the debtor fails to make a plan
payment, the case may be dismissed or converted to a case under chapter 7. If the
case is dismissed for willful failure of the debtor to abide by an order of the court,
or to appear before the court in proper prosecution of the case, the court may
impose a 180-day bar to refiling in accordance with 11 U.S.C. § 109(g).
(l) Chapter 13 Trustee’s Fees. The minimum trustee’s fee for a chapter 13 in which a plan
is not confirmed is $100. The minimum trustee’s fee in a case where the plan is confirmed
is $200.
(m) Payments on Mortgages or Trust Deeds.
(1) Scope of Rule. The term “Real Property” as used in this subsection includes both
(A) commercial and residential real property and undeveloped land owned by the
debtor; and (B) mobile and manufactured homes owned by the debtor and installed
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LBR 3015-1
on a permanent foundation or used as a dwelling, but does not include any property
that the debtor’s filed plan specifically states will be surrendered.
(2) Postpetition Payment Procedure. Except for plans in which the debtor elects to
make postpetition mortgage payments through the plan, until a plan is confirmed,
a debtor must pay in a timely manner directly to each secured creditor all payments
that fall due postpetition on debt secured by Real Property, as defined above, and
must provide evidence of such payments on court-mandated form F 3015-1.4 in the
manner set forth below.
(3) Payment Through Plan. If the debtor elects to pay postpetition mortgage payments
through the plan, then the amount of this payment must be included in each
monthly plan payment tendered both pre- and postconfirmation to the chapter 13
trustee.
(4) Determination of Due Date. With the exception of the payment due for the month
in which the petition is filed (the “Filing Month Payment”), the due date of a
payment for the purpose of this subsection is the last day that the payment may be
made without a late charge or penalty. The due date of the Filing Month Payment
will be the date on which such payment first becomes due under the terms of the
applicable promissory note. If that date falls on or before the petition date, the
Filing Month Payment will be considered prepetition and need not be paid in order
to comply with this subsection.
(5) Form of Payment. The payments required by subsection (m)(2) of this rule must
be in the form of money order, cashier’s check, wire transfer (including direct
payments over the internet or by automatic withdrawals from the debtor’s checking
account), or other certified funds and must indicate on each item the debtor’s name,
the bankruptcy case number, and the appropriate loan number or credit account
number.
(6) Evidence of Payment. On or before each of the following dates, the debtor must
file with the court and serve on the chapter 13 trustee and all secured creditors to
whom the debtor is required to make payments under this subsection a declaration
executed under penalty of perjury, on court-mandated form F 3015-1.4, evidencing
that the debtor has made all of the payments required by subsection (m)(2) or (3)
of this rule: (A) the date scheduled for each § 341(a) meeting of creditors; and (B)
the date of each hearing to consider confirmation of a chapter 13 plan in the case.
Copies of all money orders, cashier’s checks or other instruments used to make the
payments must be attached to the form.
(7) Submission of Declarations. The debtor must bring a copy of an executed form
F 3015-1.4, together with a proof of service reflecting service in accordance with
this subsection, to the initial § 341(a) meeting of creditors. The form must reflect
all payments made between the date of the petition and the date of the initial
§ 341(a) meeting of creditors. Thereafter, the debtor must bring an updated form
to each continued § 341(a) meeting of creditors and each confirmation hearing,
together with proof of service reflecting service of the form in accordance with this
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LBR 3015-1
subsection. Each updated form must reflect, cumulatively, all payments made
between the date of the petition and the date of the form. If the debtor owns more
than one Real Property, the debtor must prepare and submit a separate form
F 3015-1.4 for each Real Property.
(8) Failure to Make Postpetition Payments. Failure to make all of the payments
required by subsection (m)(2) or (3) of this rule in a timely manner will generally
result in dismissal of the case. In determining whether a debtor has complied with
this subsection at a confirmation hearing, the court will disregard payments as to
which a late penalty has not yet accrued or which are due on the date of the
confirmation hearing. The failure to submit form F 3015-1.4 at each § 341(a)
meeting of creditors and each confirmation hearing, with all required attachments,
may result in dismissal of the case, and the court may impose a 180-day bar
against refiling pursuant to 11 U.S.C. § 109(g).
(n) Modification of Confirmed Plan or Suspension of Plan Payments. After a chapter 13

plan has been confirmed, its terms can be modified only by court order. A motion to
modify a confirmed plan or to suspend plan payments must be made in accordance with
subsections (w) and (x) of this rule and must be filed using court-mandated forms.
(o) Tax Returns. For each year a case is pending after the confirmation of a plan, the debtor
must provide to the chapter 13 trustee within 14 days after the return is filed with the
appropriate tax agencies a copy of: (1) the debtor’s federal and state tax returns; (2) any
request for extension of the deadline for filing a return; and (3) the debtor’s forms W-2
and 1099.
(p) Sale or Refinance of Real Property. A sale or refinancing of the debtor’s principal
residence or other real property must be approved by the court. A motion to approve a
sale or refinance of real property may be made by noticed motion in accordance with
subsections (w) and (x) of this rule.
(q) Dismissal or Conversion.
(1) Voluntary Dismissal.
(A) Debtor’s Request for Dismissal. If the case has not been converted from
another chapter, a debtor may seek dismissal of the case by filing with the
clerk of the bankruptcy court a request for voluntary dismissal pursuant to
11 U.S.C. § 1307(b) and a proof of service evidencing that the request for
dismissal was served upon the chapter 13 trustee and the United States
trustee.
(B) Motion for Voluntary Dismissal. If the case has been converted from
another chapter, a debtor must seek dismissal by motion filed and served
in accordance with LBR 9013-1(o). The motion must comply with LBR
1017-2(f). Notice must be given to the chapter 13 trustee, any former
trustee, all creditors, and any other party in interest entitled to notice under
FRBP 2002.
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LBR 3015-1
(C) Mandatory Disclosure. Whether dismissal is sought by request or motion,

debtor must disclose under penalty of perjury whether the present case has
been converted from another chapter of the Bankruptcy Code, and whether
any motion for relief from, annulment of, or conditioning of the automatic
stay has been filed against the debtor in the present case.
(2) Debtor Conversion of Chapter 13 to Chapter 7. Pursuant to FRBP 1017 and LBR
1017-1(a)(1), the conversion of a chapter 13 case to a case under chapter 7 will be
effective upon:
(A) The filing by the debtor with the clerk of the bankruptcy court of a notice
of conversion pursuant to 11 U.S.C. § 1307(a) and a proof of service
evidencing that the notice of conversion was served upon the chapter 13
trustee and the United States trustee; and
(B) Payment of any fee required by 28 U.S.C. § 1930(b); provided however,
(C) Any distributions of estate funds made by the chapter 13 trustee in the
ordinary course of business for the benefit of the debtor’s estate prior to
receipt of notice of dismissal or conversion will not be surcharged to the
chapter 13 trustee.
(3) Debtor Conversion of Chapter 13 to Chapter 11. A motion by the debtor to

convert a chapter 13 case to a case under chapter 11 must be noticed for hearing.
(4) Interested Party Dismissal or Conversion of Chapter 13 to Chapter 7, 11, or 12.

A motion by any other party in interest to either dismiss a chapter 13 case, or
alternatively, to convert a chapter 13 case to a case under chapter 7, 11, or 12,
must be noticed for hearing by the moving party. This notice must be given to the
debtor, debtor’s attorney (if any), all creditors, the chapter 13 trustee, any former
trustee, and the United States trustee.
(5) Lodging and Service of Order. When an order is required, the moving party must
prepare and lodge the proposed order of dismissal or conversion in accordance with
LBR 9021-1. Notwithstanding LBR 9021-1(b)(1)(D) and (E), no copies or
envelopes are required to be lodged along with the proposed order, as the clerk will
prepare a separate notice of dismissal or conversion.
(r) Motions Regarding Stay of 11 U.S.C. § 362.
(1) Required Format and Information. A motion regarding the stay of 11 U.S.C. § 362
must comply with LBR 4001-1.
(2) Default Motions.
(A) Preconfirmation Default. A motion for relief from the automatic stay based
solely upon a preconfirmation payment default is premature until a late
charge has accrued under the contract on the postpetition obligation that the
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LBR 3015-1
creditor seeks to enforce. If no late charge is provided, the motion may be

brought 14 days after the postpetition payment is due. A motion for relief
from stay based on other grounds may be brought at any time.
(B) Postconfirmation Default. A motion for relief from the automatic stay
based solely on postconfirmation payment default is premature until a late
charge has accrued under the contract on the obligation that the creditor
seeks to enforce. If no late charge is provided, the motion may be brought
14 days after payment is due.
(3) Stipulations Regarding the Stay of 11 U.S.C. § 362. A stipulation for relief from
the automatic stay or to modify the automatic stay, or to impose or continue the
stay, does not require the consent or signature of the chapter 13 trustee but must
be prepared and lodged in accordance with LBR 4001-1(b)(2)(B).
(4) Payments after Relief from Automatic Stay. If an order for relief from the
automatic stay is granted, unless otherwise specified in the order, the chapter 13
trustee is relieved from making any further payments to the secured creditor that
obtained such relief. The secured portion of that creditor’s claim is deemed
withdrawn upon entry of the order for relief, without prejudice to filing an
amended unsecured claim for a deficiency when appropriate. The secured creditor
that obtains relief from the automatic stay must return to the chapter 13 trustee any
payments the creditor receives from the chapter 13 trustee after entry of the order
unless the stipulation or order provides otherwise.
(5) Shortened Notice Hearing. A hearing on a motion for relief from the automatic
stay on shortened notice may be sought pursuant to LBR 9075-1(b).
(6) No Surcharge of Chapter 13 Trustee. The chapter 13 trustee will not be surcharged
for any distribution of funds in the ordinary course of business prior to receiving
written notice that the automatic stay is not in effect or a claim should not be paid.
(s) Postconfirmation Adequate Protection Orders.
(1) Filing and Service. After confirmation of a plan, if the debtor and a secured
creditor propose to modify the payments by the chapter 13 trustee to the secured
creditor by way of an adequate protection/relief from the automatic stay agreement,
the debtor or creditor must file and serve a motion for an order approving the
modification of the plan by said agreement pursuant to subsections (w) and (x) of
this rule.
(2) Payments Pending Plan Modification. Notwithstanding court approval of an

adequate protection/relief from the automatic stay agreement, the trustee will
continue to make payments and otherwise perform the trustee’s duties in
accordance with the plan as confirmed unless: (A) the debtor receives a separate
court order approving a modification to the plan; or (B) the adequate
protection/relief from the automatic stay agreement specifically modifies the
treatment of the claim under the confirmed plan.
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LBR 3015-1
(t) Discharge Procedures.
(1) General. When the chapter 13 trustee has completed payments under the plan and
all other plan provisions have been consummated, the clerk will give to the debtor
and the debtor’s attorney (if any), a Notice of Requirement to File a Debtor’s
Certification of Compliance Under 11 U.S.C. § 1328 and Application for Entry of
Discharge. Before any discharge may be entered, the debtor must comply with the
requirements of the Certification of Compliance and file the certification with the
court.
(2) Instructional Course on Personal Financial Management. Debtor must also file a
certification that an instructional course concerning personal financial management,
as required by 11 U.S.C. § 1328(g)(1), has been completed or that completion of
such course is not required under 11 U.S.C. § 1328(g)(2).
(3) Case Closure Without Discharge. If the certifications required by this subsection
have not been filed within 60 days of the notice provided under subsection (t)(1)
of this rule, then the case may be closed without an entry of discharge.
(u) Attorney Representation.
(1) Scope of Employment. LBR 2090-1(a) is modified in chapter 13 cases as follows:

Any attorney who is retained to represent a debtor in a chapter 13 case is
responsible for representing the debtor on all matters arising in the case, other than
adversary proceedings, subject to the provisions of a “Rights and Responsibilities
Agreement Between Chapter 13 Debtors and Their Attorneys,” into which the
debtor and the attorney have entered and that complies with these rules.
(2) Debtor Unavailable or Unopposed to Request, Application, or Motion Scheduled

for Hearing. If an attorney for a debtor is unable to contact the debtor in
connection with a request, application or motion (e.g., a motion for relief from the
automatic stay) that is scheduled for a hearing, the attorney may file and serve a
statement informing the court of this fact. If a debtor does not oppose the request,
application or motion, the attorney may file a statement so informing the court and
need not appear at the hearing.
(3) Change of Address. An attorney representing a chapter 13 debtor must provide

written notice to the chapter 13 trustee and to the court of any change to the
attorney’s address during the pendency of the case as required by LBR 2090-1(f).
(v) Attorneys’ Fees.
(1) Rights and Responsibilities Agreement. The use of court-approved form

F 3015-1.7, Rights and Responsibilities Agreement Between Chapter 13 Debtors
and Their Attorneys (“RARA”) in any case is optional. However, if the debtor’s
attorney elects to proceed under the RARA, the RARA form is mandatory. If the
RARA form is signed by the attorney and the debtor, filed, and served on the
chapter 13 trustee, the fees and included costs (excluding the petition filing fee)
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outlined therein may be approved without further detailed fee application or

hearing, subject to the terms of both the RARA and the Guidelines for Allowance
of Attorneys’ Fees in Chapter 13 Cases (“Guidelines”) adopted by the court.
(2) Duties of Debtors and their Attorneys if the RARA is Signed, Filed, and Served.
The RARA sets forth the duties and obligations that must be performed by the
debtor and debtor’s attorney, both before and after the case is filed and before and
after confirmation of a plan, if the parties elect to use the RARA. The RARA also
specifies the fees that the attorney will charge and the procedures for seeking and
objecting to payment of fees. An attorney who elects to use the RARA may not
charge more than the maximum fees outlined in subsection (v)(1) of this rule for
performing services described in bold face type in the RARA. If the attorney
performs tasks on behalf of the debtor not set forth in bold face, the attorney may
apply to the court for additional fees and costs, but such applications will be
reviewed by both the chapter 13 trustee and the court. Counsel may apply for
additional fees if and when justified by the facts of the case.
An application for additional fees and costs must be made by noticed motion
subject to subsections (w) and (x) of this rule. The application must be supported
by evidence of the nature, necessity, and reasonableness of the additional services
rendered and expenses incurred. When additional fees are sought, the court may,
in its discretion, require additional supporting information or require a hearing,
even though no opposition is filed. In such application, the applicant must disclose
to the court any fees paid or costs reimbursed by the debtor and the source of those
payments.
If the parties elect to utilize the RARA, the lists of duties and obligations set forth
in the RARA may not be modified by the parties. Other portions of the RARA
may be modified in the following respects only: (A) the attorneys’ fees provided
for in the RARA may be reduced; and (B) the agreement may be supplemented to
include any additional agreements that may exist between the parties concerning
the fees and expenses that the attorney will charge for performing services required
by the RARA that are not in bold face type.
(3) Debtor’s Signature. The debtor’s signature on the RARA certifies that the debtor
has read, understands, and agrees to the best of the debtor’s ability to carry out the
terms of the RARA and has received a signed copy of the RARA.
(4) Attorney’s Signature. The attorney’s signature on the RARA certifies that before
the case was filed the attorney personally met with, counseled, and explained to the
debtor all matters set forth in the RARA and verified the number and status of any
prior bankruptcy case(s) filed by the debtor or any related entity, as set forth in
LBR 1015-2. The RARA does not constitute the written fee agreement
contemplated by the California Business and Professions Code.
(5) An Attorney May Elect to be Paid other than Pursuant to the RARA and the
Guidelines. At any time, whether or not a RARA is on file in any case, the
debtor’s attorney may elect to seek an allowance of fees and costs other than
pursuant to the RARA and the Guidelines. In that event, the attorney must file and
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serve an application for fees in accordance with 11 U.S.C. §§ 330 and 331, FRBP
2016 and 2002, and LBR 2016-1 and 3015-1, as well as the “Guide to Applications
for Professional Compensation” issued by the United States trustee for the Central
District of California.
(6) Court Review of any Attorney’s Fee. Upon notice and opportunity for hearing, the
court may review any attorney’s fee agreement or payment, in accordance with 11
U.S.C. § 329 and FRBP 2017.
(7) Payment of Fees Upon Dismissal. Unless otherwise ordered by the court, the
chapter 13 trustee must disburse to the debtor’s attorney as soon as practicable
after dismissal any portion of the balance on hand which has been tendered to the
chapter 13 trustee for payment of the RARA fees, provided:
(A) A RARA was signed by the debtor’s attorney and the debtor, filed, and
served on the chapter 13 trustee; and
(B) The debtor’s case is dismissed prior to or at the hearing on confirmation of

the plan.
(w) Motions and Applications Filed on Notice of Opportunity to Request a Hearing.
(1) Motions and Applications. The following motions and applications may be made
on notice of opportunity to request a hearing pursuant to LBR 9013-1(o):
(A) Chapter 13 trustee’s motion to modify a confirmed plan or dismiss a case;
(B) Motion to modify a confirmed plan or to suspend or extend plan payments,

subject to subsections (n) and (x) of this rule, provided that 21 days notice
of the motion is given in accordance with FRBP 3015(g);
(C) Motion for approval of sale or refinancing of debtor’s residence, subject to

subsection (p) of this rule, if the entire equity therein is exempt from the
claims of creditors; provided, however, notice is not required if the sale or
refinance will pay off the plan and the plan allows 100% to the unsecured
claims; and
(D) Application for supplemental attorney’s fees, subject to subsections (u), (v)
and (x) of this rule.
(2) No Response Filed. If no response has been timely filed and served with respect
to a motion or application listed in subsection (w)(1) of this rule, or the chapter 13
trustee’s only response is to take no position, the provisions of LBR 9013-1(o)(3)
must be complied with, subject to the following modifications:
(A) Motion to Modify a Confirmed Plan or to Suspend or Extend Plan

Payments. The declaration must also attest that the chapter 13 trustee did
not timely file and serve a response to the motion, and the declaration and
proposed order must be served on the chapter 13 trustee.
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LBR 3015-1
(B) Application for Supplemental Fees. The declaration must attest that the
chapter 13 trustee did not timely file and serve a response to the
application, or took no position, and the declaration and proposed order
must be served on the chapter 13 trustee.
(3) Response Filed. If a response is filed with respect to any motion or application
listed in subsection (w)(1) of this rule, the provisions of LBR 9013-1(o)(4) must
be complied with, subject to the following modifications:
(A) Trustee’s Motion to Dismiss a Case; Trustee’s Motion to Modify a

Confirmed Plan. The person or entity who timely files and serves a
response to a trustee’s motion to dismiss a case, or a trustee’s motion to
modify a confirmed plan, must obtain a hearing date from the court (or use
the court’s self-calendaring system) and serve notice of the hearing with the
response.
(B) Debtor’s Motion to Modify a Confirmed Plan or Suspend or Extend Plan

Payments. If the chapter 13 trustee timely files and serves any comments
regarding the motion, the chapter 13 trustee must promptly lodge a
proposed order, electronically via LOU, using court-mandated form F 3015-
1.12, and serve the proposed order on the debtor (and debtor’s attorney, if
any).
(C) Application for Supplemental Fees. If the chapter 13 trustee timely files
and serves any comments regarding the application, the chapter 13 trustee
must promptly lodge a proposed order, electronically via LOU, using court-
mandated form F 3015-1.12, and serve the proposed order on the applicant.
(x) Service of Motions and Applications. All motions and applications must be served,
subject to the electronic service provisions of LBR 9036-1, on the chapter 13 trustee,
debtor (and debtor’s attorney, if any), and all creditors, with the following exceptions:
(1) A chapter 13 trustee’s motion to dismiss a case need be served only on the debtor,
debtor’s attorney (if any), any prior chapter 7 trustee, and that trustee’s attorney (if
any);
(2) An objection to a claim need be served only on the chapter 13 trustee, the
claimant, and the claimant’s attorney (if any). If the claimant is the United States
or an officer or agency of the United States, the objection must be served as
provided in FRBP 7004(b)(4) and (5) and LBR 2002-2;
(3) A motion for modification, suspension, or extension of the due date of plan
payments must be filed using court-mandated forms and must be served on the
chapter 13 trustee, but need not be served on creditors if: (A) the proposed
modification does not have an adverse effect on the rights of creditors; or (B) the
proposed suspension or extension, combined with any prior approved suspensions
or extensions, does not exceed 90 days of suspended payments or 90 days of
extensions to the plan’s term. Any other motion for modification, suspension, or
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extension must be served on all creditors pursuant to LBR 9013-1(o) in addition

to being served on the chapter 13 trustee;
(4) A motion regarding the stay of 11 U.S.C. § 362, which is subject to the notice and
service requirements of LBR 4001-1; and
(5) An application by debtor’s counsel for additional fees and costs not exceeding
$1,000 over and above the limits set forth in the RARA and Guidelines need be
served only on the chapter 13 trustee and the debtor.
LBR 3016-1. FORM OF CHAPTER 11 PLAN
Unless otherwise ordered, a plan of reorganization filed with the court may, but need not,
conform with court-approved form F 3018-1, Form of Chapter 11 Plan.
LBR 3016-2. FORM OF CHAPTER 11 DISCLOSURE STATEMENT
Unless otherwise ordered, a disclosure statement filed with the court may, but need not,
conform with court-approved form F 3017-1, Chapter 11 Disclosure Statement Form.
LBR 3017-1. CHAPTER 11 DISCLOSURE STATEMENT – APPROVAL IN CASE

OTHER THAN SMALL BUSINESS CASE
(a) Notice of Hearing on Motion for Approval of Disclosure Statement. A hearing on a

motion for approval of a disclosure statement must not be set on less than 36 days notice,
unless the court, for good cause shown, prescribes a shorter period.
(b) Objections to Disclosure Statement. Objections to a disclosure statement must be filed

and served on the proponent not less than 14 days before the hearing, unless otherwise
LBR 3017-2. CHAPTER 11 DISCLOSURE STATEMENT – APPROVAL IN SMALL

BUSINESS CASE
(a) Conditional Approval of Disclosure Statement. The court may, on application of the
plan proponent or sua sponte, conditionally grant a motion for approval of a disclosure
statement filed in accordance with 11 U.S.C. § 1125(f) and FRBP 3016.
(b) Procedure for Requesting Conditional Approval of Disclosure Statement. The plan
proponent may file an ex parte motion for conditional approval of the disclosure statement,
asking that the hearing on the adequacy of the disclosure statement be combined with the
hearing on confirmation. The motion must be supported by a declaration establishing
grounds for conditional approval and accompanied by a proposed order consistent with
FRBP 2002(b) that conditionally approves the disclosure statement and establishes:
(1) A date by which the holders of claims and interests may accept or reject the plan;
(2) A date for filing objections to the disclosure statement;
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(3) A date for the hearing on final approval of the disclosure statement to be held if
a timely objection is filed; and
(4) A date for the hearing on confirmation of the plan.
(c) Objections and Hearing on Final Approval.
(1) The debtor must file and serve a notice of the dates set forth above, together with
a copy of the disclosure statement and plan, on all creditors and the United States
trustee.
(2) Final approval of the disclosure statement is required only when a timely objection
is filed and served on the debtor, the trustee (if any), any committee appointed
under the Bankruptcy Code, counsel for any of the foregoing, and any other entity
as ordered by the court.
LBR 3018-1. BALLOTS – VOTING ON CHAPTER 11 PLAN
(a) Ballot Summary. The plan proponent must:
(1) Tabulate the ballots of those accepting or rejecting the plan;
(2) File a ballot summary not later than 1 day before the hearing on the motion for
order confirming the plan. The ballot summary must be signed by the plan
proponent and must certify to the court the amount and number of allowed claims
of each class voting to accept or reject the plan and the amount of allowed interests
of each class voting to accept or reject the plan; and
(3) Make available at the hearing all of the original ballots for inspection and review
by the court and any interested party.
(b) Amended Ballot Summary. In addition to the requirements set forth in subsection (a)
of this rule, the court may order an amended ballot summary to be filed with the original
ballots attached.
LBR 3020-1. CHAPTER 11 PLAN CONFIRMATION
(a) Payment of Special Charges. The proposed plan confirmation order must be
accompanied by proof of payment of any and all special charges due to the clerk’s office.
The amount of the charges to be paid may be obtained from the courtroom deputy of the
judge hearing the case.
(b) Postconfirmation Requirements. Unless otherwise provided in the plan, every order
confirming a chapter 11 plan must contain the following language:
“Within 120 days of the entry of this order, shall file a status
report explaining what progress has been made toward consummation of the
confirmed plan of reorganization. The initial report shall be served on the United
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LBR 3020-1
States trustee, the 20 largest unsecured creditors, and those parties who have
requested special notice. Further reports shall be filed every days thereafter
and served on the same entities, unless otherwise ordered by the court. [Optional
depending on practices of particular judge: A postconfirmation status conference
will be held on , 20__ at .m. in Courtroom .]
The status report shall include at least the following information:
(1) A schedule listing for each debt and each class of claims: the total amount
required to be paid under the plan; the amount required to be paid as of the
date of the report; the amount actually paid as of the date of the report; and
the deficiency, if any, in required payments;
(2) A schedule of any and all postconfirmation tax liabilities that have accrued
or come due and a detailed explanation of payments thereon;
(3) Debtor’s projections as to its continuing ability to comply with the terms
of the plan;
(4) An estimate of the date for plan consummation and application for final
decree; and
(5) Any other pertinent information needed to explain the progress toward
completion of the confirmed plan.
Reporting entities whose equity securities are registered under Section 12(b) of the
Securities Exchange Act of 1934 may provide information from their latest 10Q
or 10K filing with the S.E.C., if it is responsive to the requirements of this
subsection.
Unless otherwise provided in the plan, if the above-referenced case is converted

to one under chapter 7, the property of the reorganized debtor shall be revested in
the chapter 7 estate, except that, in individual cases, the postpetition income from
personal services and proceeds thereof, and postconfirmation gifts or inheritances
pursuant to 11 U.S.C. §§ 541(a)(5)(A), 541(a)(6), 1115(a) or 1115(b), shall not
automatically revest in the chapter 7 estate.”
(c) Effect of Failure to File Postconfirmation Reports. The failure to file timely the
required reports is cause for dismissal or conversion to a case under chapter 7 pursuant to
11 U.S.C. § 1112(b).
(d) Final Decree in Chapter 11 Case.
(1) After an estate is fully administered in a chapter 11 reorganization case, a party in

interest may file a motion for a final decree in the manner provided in LBR
9013-1(o).
(2) Notice of the motion must be served upon all parties upon whom the plan was
served.
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LBR 4001-1
LBR 4001-1. STAY OF 11 U.S.C. § 362
(a) General. Except as provided by this rule, the requirements of LBR 9013-1 through LBR
9013-4 apply to a motion for relief from the automatic stay, extension of the stay,
imposition of the stay, or confirmation that the stay is terminated or no longer in effect.
If the motion is filed in a chapter 13 case, the moving party must also comply with LBR
3015-1(r).
(b) Form.
(1) Motions. An entity seeking relief from the automatic stay, extension of the stay,
imposition of the stay, or confirmation that the stay is terminated or no longer in
effect, must file a motion using the court-mandated F 4001-1 series of form
motions. The failure to use the mandatory forms may result in the denial of the
motion or the imposition of sanctions.
(2) Orders. In addition to the requirement that all orders on § 362 motions comply
with LBR 9021-1:
(A) Mandatory Form Orders. Any order granting relief from the automatic
stay, extension of the stay, imposition of the stay, or confirming that the
stay is terminated or no longer in effect, must be lodged using the court-
mandated F 4001-1 series of form orders. The failure to use the mandatory
form orders may result in the court not signing or entering the order; and
(B) Motions Settled by Stipulation. Any order granting a motion regarding the
stay, as settled by stipulation, must be prepared using the court-mandated
F 4001-1 series of form orders and is exempt from the requirements of
LBR 9021-1(b)(2). Compliance with the CM/ECF Procedures and Court
Manual is required regarding signatures of parties and/or counsel to the
stipulated terms.
(c) Motion for Relief from Automatic Stay.
(1) Filing and Service. The motion, notice of hearing, and all supporting papers must
be served by the moving party in the time and manner prescribed in LBR 9013-1
on the following parties:
(A) Residential Unlawful Detainer Motions. If the motion seeks relief from the
stay to proceed with an unlawful detainer action involving a residential
property with a month-to-month tenancy, tenancy at will, or a tenancy
terminated by an unlawful detainer judgment, the movant must serve only
the debtor and debtor’s attorney (if any).
(B) Other Relief from Automatic Stay Motions. In all other cases, the movant
must serve:
(i) The debtor and debtor’s attorney (if any);
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(ii) The trustee or interim trustee (if any);
(iii) Any applicable codebtor where relief is sought from the codebtor
stay under 11 U.S.C. §§ 1201 or 1301;
(iv) If relief is sought as to property of the estate, the holder of a lien or

encumbrance against the subject property that is known to the
movant, scheduled by the debtor, or appears in the public record;
and
(v) Any other party entitled to notice under FRBP 4001.
(2) Hearing. Unless the court orders otherwise at the time of the hearing, the
preliminary hearing under 11 U.S.C. § 362(e) is consolidated with the final hearing
under 11 U.S.C. § 362(d).
(3) Continuance By Stipulation. A stipulation by the moving party to continue a

hearing under 11 U.S.C. § 362(d) to a later date is deemed a waiver of the
applicable portions of 11 U.S.C. § 362(e) until the conclusion of the hearing on
such later date. Unless otherwise ordered, an order by the court to continue a
hearing under 11 U.S.C. § 362 to a later date is deemed to include an order
continuing the stay in effect until the conclusion of the hearing on such later date.
(4) Separate Motion. A motion for relief from the automatic stay must be filed
separately from, and not combined in the same pleading with, any other request for
relief, unless otherwise ordered by the court.
(d) Motion for Extension or Imposition of Stay.
(1) An entity seeking an extension of the stay under 11 U.S.C. § 362(c)(3)(B) or

imposition of the stay under 11 U.S.C. § 362(c)(4)(B) must file a motion and serve
the motion, notice of hearing, and supporting papers as provided in subsection
(c)(1) of this rule and upon all other parties in interest against whom extension or
imposition of the stay is sought.
(2) The motion must be filed promptly after the petition date to be timely considered
and, if necessary, accompanied by a separate motion under LBR 9075-1(b) for a
hearing on shortened notice.
(e) Motion for Order Confirming Termination of Automatic Stay.
(1) An entity requesting an order under 11 U.S.C. § 362(j) confirming termination of

the automatic stay must file a motion supported by a declaration containing
competent evidence establishing that the stay has terminated or was never in effect
under 11 U.S.C. § 362(c).
(2) The motion and supporting declaration must be served as provided in subsection
(c)(1) of this rule.
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LBR 4001-2
(f) Deposit of Rent under 11 U.S.C. § 362(l).
(1) Any rent deposited with the clerk of the court pursuant to 11 U.S.C. § 362(l)(1)(B)
must be in the form of a certified or cashier’s check or money order payable to the
lessor or landlord in the amount of any rent that would become due during the 30-
day period after the filing of the bankruptcy petition.
(2) The rent must be deposited with the clerk of the court at the time the bankruptcy
petition is filed. The rent deposit and the bankruptcy petition must be accompanied
by a copy of the judgment for possession.
(3) As the certification to be filed and served pursuant to 11 U.S.C. § 362(l)(2), debtor
may use the court-approved form F 4001-1.2, Debtor’s Further Certification of
Cure of Monetary Default Underlying Judgment for Possession of Residential
Property and Proof of Deposit (11 U.S.C. § 362(l)(2)). This certification must be
filed and served within 30 days after the filing of the bankruptcy petition in
accordance with 11 U.S.C. § 362(l)(2).
(4) Pursuant to 11 U.S.C. § 362(l)(5)(D), the clerk will transmit the payment to the
lessor at the address listed in the section on page 2 of the bankruptcy petition
entitled “Statement by a Debtor Who Resides as a Tenant of Residential Property.”
(g) Relief from Automatic Stay to Proceed in Another Forum. If the court grants a motion
to lift the automatic stay and to proceed in another forum, the prevailing party must
promptly file a copy of the entered order in that forum.
LBR 4001-2. CASH COLLATERAL AND FINANCING ORDERS
(a) General. The requirements of LBR 9013-1 through LBR 9013-4 apply to a motion to
obtain credit or to approve the use of cash collateral, debtor in possession financing, and/or
cash management under 11 U.S.C. §§ 363 or 364 (collectively, “Financing Motion”),
except as provided by this rule.
(b) Provisions to be Identified. To the extent not otherwise required by FRBP 4001(b)(1)(B)
and (c)(1)(B), a Financing Motion must identify whether the proposed form of order and/or
underlying cash collateral stipulation or loan agreement contains any provision that:
(1) Grants cross-collateralization protection (other than replacement liens or other

adequate protection) to the prepetition secured creditors (i.e., clauses that secure
prepetition debt by postpetition assets in which the secured creditor would not
otherwise have a security interest by virtue of its prepetition security agreement or
applicable law);
(2) Binds the estate or all parties in interest with respect to the validity, perfection, or
amount of the secured creditor’s prepetition lien or debt or the waiver of claims
against the secured creditor;
(3) Waives or limits the estate’s rights under 11 U.S.C. § 506(c);
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(4) Grants to the prepetition secured creditor liens on the debtor’s claims and causes
of action arising under 11 U.S.C. §§ 544, 545, 547, 548, or 549;
(5) Deems prepetition secured debt to be postpetition debt or that use postpetition
loans from a prepetition secured creditor to pay part or all of that secured creditor’s
prepetition debt, other than as provided in 11 U.S.C. § 552(b);
(6) Provides disparate treatment for the professionals retained by a creditors’

committee from that provided for the professionals retained by the debtor with
respect to a professional fee carve out; or
(7) Primes any secured lien. If an order is sought to prime a lien, the Financing
Motion must:
(A) Identify the location of any such provision in the proposed form of order,
cash collateral stipulation, and/or loan agreement; and
(B) Contain specific justification for the priming of the lien.
(c) Summary of Essential Terms. The Financing Motion must include a summary of the
essential terms of the proposed credit, use of cash collateral, or debtor in possession
financing (e.g., the interim borrowing limit, the maximum borrowing available on a final
basis, borrowing conditions, interest rate, maturity dates, events of default, use of funds
limitations, and protections afforded under 11 U.S.C. §§ 363 and 364).
(d) Use of Form for Cash Collateral and/or Debtor in Possession Financing Stipulations.
Each Financing Motion requesting approval of a stipulation for credit, use of cash
collateral, or debtor in possession financing must be accompanied by court-approved form
F 4001-2, Statement Pursuant to Local Bankruptcy Rule 4001-2, or a statement consistent
with court-approved form F 4001-2.
(e) Interim Relief. The court may grant interim relief to prevent immediate and irreparable
harm to the estate pending a final hearing. In the absence of extraordinary circumstances,
the court will not approve an interim order that includes any of the provisions described
in subsection (b)(1)-(7) of this rule.
(f) Final Orders. A final order will be entered only after notice and a hearing pursuant to
FRBP 4001(b). Ordinarily, the final hearing will be held at least 14 days after the
appointment of the creditors’ committee contemplated by 11 U.S.C. § 1102.
LBR 4003-2. LIEN AVOIDANCE
(a) General. The requirements of LBR 9013-1 through LBR 9013-4 apply to a motion to
avoid a lien or other transfer of property pursuant to 11 U.S.C. § 522(f), except as
provided by this rule.
(1) A motion to avoid a lien or other transfer of property under 11 U.S.C. § 522(f)
may be brought under either LBR 9013-1(a) or LBR 9013-1(o).
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LBR 4008-1
(2) A motion to sell property free and clear of liens under 11 U.S.C. § 363(h) does not
constitute a “proceeding to avoid a lien” within the meaning of this rule.
(b) Form.
(1) The creditor whose lien is to be avoided must be identified in the title or caption
of the notice and motion (e.g., Motion to Avoid Lien of XYZ Co. under 11 U.S.C.
§ 522(f)). The notice and motion must contain a single caption and be filed in the
underlying bankruptcy case. A double caption must not be used nor will a separate
reference number be assigned.
(2) If the motion seeks to avoid a lien on real property, the motion and proposed order
must include the legal description of the real property.
(c) Service.
(1) The motion, notice, and supporting papers must be served on the holder of the lien
to be avoided in the same manner as a summons and complaint under FRBP 7004.
(2) The motion, notice, and supporting papers also must be served on any other holder
of a lien or encumbrance against the subject property.
(d) Evidence. The motion must be accompanied by a declaration or other competent evidence
establishing:
(1) The balance remaining on the creditor’s loan;
(2) The fair market value of the subject property;
(3) The identity of any other holder of a lien encumbering the subject property and the
amount due and owing on such lien;
(4) The specific statutory authority for the claimed exemption; and
(5) The value or amount claimed exempt.
LBR 4008-1. REAFFIRMATION AGREEMENTS
(a) Form. A reaffirmation agreement must conform to Official Form 240A-Reaffirmation

Agreement. If the reaffirmation agreement concerns a secured debt, a complete and legible
copy of the security agreement, including the front and back of each page, must be
attached.
(b) Reaffirmation without Representation or Certification by Debtor’s Attorney. In a

case where the debtor is not represented by an attorney, or where the attorney is unwilling
or unable to sign Part C: Certification by Debtor’s Attorney, the debtor must move for
approval of the reaffirmation agreement by the court by completing Part E: Motion for
Court Approval of Official Form 240A.
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LBR 4008-1
(c) Deadline for Filing. A reaffirmation agreement and a motion for approval of the
reaffirmation agreement under 11 U.S.C. § 524 must be filed by the debtor or creditor
within 60 days following the conclusion of the first meeting of creditors under 11 U.S.C.
§ 341(a), unless otherwise ordered by the court.
(d) Hearing and Approval by Court.
(1) The clerk will set a hearing on the motion for approval of the reaffirmation
agreement and give notice to the debtor and creditor of the date, time, and place
of such hearing if:
(A) The debtor was not represented by an attorney or the attorney representing
the debtor was unwilling or unable to sign Part C: Certification by Debtor’s
Attorney; or
(B) Where a presumption of undue hardship arising under 11 U.S.C.

§ 524(m)(1) is not rebutted by the debtor to the satisfaction of the court.
(2) The court will not grant a motion to approve a reaffirmation agreement unless the
debtor appears in person at the hearing to respond to questions by the court.
(3) Under all other circumstances, unless otherwise ordered by the court, court
approval is not required in a case where the debtor was represented by an attorney
during the negotiation of the reaffirmation agreement.
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LBR 5003-2
LBR 5003-2. RECORDS AND FILES
(a) Records and Files.
(1) When Order Required. No records or objects belonging to the files of the court
may be taken from the office or custody of the clerk except upon written order of
the court.
(2) Form of Receipt. Any person removing records pursuant to this rule must give the
clerk a receipt containing the following information:
(A) The name, address, and telephone number of the person removing the
records or objects;
(B) An itemized description of the records or objects removed;
(C) The date of removal;
(D) The place in which records or objects will be used or kept; and
(E) The estimated date of return to the clerk of the records or objects.
(3) Exception for Court Staff. The provisions of this rule do not apply to a judge,
members of a judge’s staff, magistrate judge, court recorder, clerk, clerk’s staff, or
courtroom deputy requiring records or objects in the exercise of their official
duties. Any court officer removing records or objects must provide the clerk with
a receipt in the form required by subsection (a)(2) of this rule.
(b) Removal of Contraband.
Contraband of any kind coming into the possession of the clerk must be turned over to an
appropriate governmental agency which will destroy or otherwise dispose of the
contraband as provided by law. The agency must give the clerk a receipt for the
contraband in the form required by subsection (a)(2) of this rule.
(c) Confidential Court Records.
(1) Filing under Seal. Subject to 11 U.S.C. § 107, a paper may not be filed under seal
without a prior written order of the court. If a filing under seal is requested, a
written motion and a proposed order must be presented to the judge along with the
paper submitted for filing under seal. The proposed order must authorize the
sealing of the paper and, if appropriate, the motion and order as well. The original
and judge’s copy of the paper must be sealed in separate envelopes with a copy of
the title page attached to the front of each envelope. Copies to be conformed need
not be placed in sealed envelopes. The motion, paper submitted for filing under
seal, and proposed order must not be filed by electronic means. The documents
must be filed with the court non-electronically. If the court denies the motion, the
paper submitted to be filed under seal will be returned to the movant unless
otherwise ordered.
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LBR 5005-2
(2) Disclosure of Sealed Papers. No sealed or confidential record of the court

maintained by the clerk will be disclosed except upon written order of the court.
A party seeking disclosure of sealed or confidential court records must file and
serve a motion pursuant to LBR 9013-1. The motion must state with particularity
the need for specific information in such records.
LBR 5005-1. FILING PAPERS – REQUIREMENTS
A paper delivered for filing to the clerk will be accepted if accompanied by any required
fee and signature, except as provided in LBR 1002-1(d)(1) and LBR 1006-1.
LBR 5005-2. FILING PAPERS – NUMBER OF COPIES
(a) Number of Copies. For papers that are not electronically filed under the provisions of
LBR 5005-4, a list of requirements that specify the minimum number of copies that must
be submitted is contained in the Court Manual available from the clerk and on the court’s
website.
(b) Conformed Copies. A copy filed with the court must conform to the original, including
either a photocopy of a fully executed signature page, or an unsigned signature page that
bears a conformed signature or a notation that the original was signed. A conformed copy
must be identical to the original in content, pagination, additions, deletions, interlineations,
attachments, exhibits, and tabs.
(c) Request for Court Conformed Copy. A maximum of 3 copies will be conformed by the
clerk’s office to show filing or lodging. Copies to be conformed by the clerk’s office may
consist of either the entire paper or only the first page of the filed paper. The clerk’s
office is not responsible for verifying that any copy presented for conforming is a true and
correct copy of the filed paper. If the party presenting a paper requests the clerk to return
a conformed copy by United States mail, an extra copy must be submitted by the party for
that purpose, accompanied by a postage-paid, self-addressed envelope.
(d) Judge’s Copy. A paper copy of any document filed with the court, either electronically
or non-electronically, must be marked “Judge’s Copy” and served on the judge in
chambers in the manner and not later than the deadline set forth in the Court Manual
available from the clerk and on the court’s website.
(1) The judge’s copy must meet the requirements of LBR 9004-1(a). Exhibits to the
judge’s copy must be tabbed.
(2) If the document is filed electronically, a judge’s copy must be accompanied by a

copy of the NEF confirming the filing of the original document.
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LBR 5010-1
LBR 5005-4. ELECTRONIC FILING
(a) Mandatory Electronic Filing. Except as provided in subsection (c) of this rule, all papers
submitted in any case or proceeding must be filed electronically, signed or verified by
electronic means in compliance with the court’s CM/ECF Procedures contained in the
(b) CM/ECF Procedures Control. In the event of a conflict between these rules and the
CM/ECF Procedures, the current version of the CM/ECF Procedures will control.
(c) Exceptions to Mandatory Electronic Filing Requirement.
(1) Pro Se Exception. A person who is not represented by an attorney may file and
serve papers non-electronically.
(2) Limited Exception for Attorneys.
(A) An attorney who files papers in fewer than 5 bankruptcy cases or adversary
proceedings in a single calendar year may file and serve papers non-
electronically.
(B) An attorney who files non-electronically papers capable of being filed

electronically in 5 or more bankruptcy cases or adversary proceedings in
a single calendar year must thereafter file papers electronically through the
court’s CM/ECF system.
(C) The court reserves the right in its sole discretion to revoke this limited
exception at any time upon notice to the attorney.
(3) Paper Filed under Seal. A motion, paper submitted for filing under seal, and
proposed order must be filed non-electronically pursuant to LBR 5003-2(c)(1).
LBR 5010-1. REOPENING CASES
(a) Motion. A motion to reopen a closed bankruptcy case must be supported by a declaration
establishing cause therefor. The motion must not contain a request for any other relief.
(b) Separate Motion or Adversary Proceeding.
(1) A request for any relief other than the reopening of a case, including relief based
upon the grounds for reopening the case, must be made in a separate motion or
adversary proceeding, which may be filed concurrently with the motion to reopen.
(2) This subsection does not apply to a motion to reopen a case solely for the purpose
of seeking an extension of time to file Official Form 23, Debtor’s Certification of
Completion of Postpetition Instructional Course Concerning Personal Financial
Management.
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LBR 5073-1
(c) Notice. The movant must give notice of the motion to any former trustee in the case and
the United States trustee.
(d) Fee. If a fee is required, the movant must pay the fee upon the filing of the motion to
reopen, unless otherwise ordered by the court.
(e) Ex Parte Consideration. A motion to reopen may be considered ex parte. The movant
must not calendar a hearing date nor will a hearing be held on the motion, unless
otherwise ordered by the court.
(f) Assignment. The motion will be assigned to the judge to whom the case was last
assigned, if still in office; otherwise, the motion will be assigned at random by the clerk
to a judge to hear and rule upon the request.
(g) Closing of Case. If no motion or adversary proceeding is pending 30 days after the case
is reopened and if no trustee has been ordered appointed, the case may be closed without
further notice.
LBR 5011-1. WITHDRAWAL OF REFERENCE
(a) General. Pursuant to 28 U.S.C. § 157(a), the district court refers to the bankruptcy court
for this district all cases under title 11 and all proceedings under title 11 or arising in or
related to a case under title 11.
(b) Procedure. A motion to withdraw the reference of a case or proceeding under

28 U.S.C. § 157(d) must be filed with the clerk of the district court. The motion must
comply with Rule 6.1 of Chapter IV, Local Rules of the District Court Governing
Bankruptcy Appeals, Cases and Proceedings.
LBR 5073-1. PHOTOGRAPHY, RECORDING DEVICES, AND BROADCASTING
(a) Prohibition of Broadcasting, Television, and Photography. Unless otherwise ordered

by the court, between 7:00 a.m. and 7:00 p.m., Monday through Friday, and at all other
times when the court is in session, the use of any form, means, or manner of radio or
television broadcasting and the taking or making of photographs, motion pictures, video,
or sound recordings is prohibited in:
(1) Any and all courtrooms occupied by any judge;
(2) Any and all chambers assigned to any judge;
(3) Any and all areas used by the clerk and court staff;
(4) Any garage or parking facility reserved for the judges or their staff; and
(5) All hallways and public areas adjacent to the above-specified locations.
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LBR 5075-1
(b) Exceptions. This rule does not prohibit:
(1) Recordings made by official court recorders in the performance of their official
duties. No other use may be made of an official recording of a court proceeding
without an express, written order of the court;
(2) The taking of photographs, when specifically authorized in writing, at ceremonial

or non-judicial functions in the chambers of a judge of this court;
(3) The videotaping or other electronic recording of depositions for trial purposes, nor
the preparation and perpetuation of testimony taken by, or under the direction of,
a judge of this court or a visiting judge. No part of such videotape or other
electronic recording may be used without an express, written order of the court; or
(4) The possession of video or sound recording, photographic, radio, or television

broadcasting equipment. Any equipment taken into or through the areas
enumerated in this rule is subject to such security regulations as may be adopted
from time to time by the court.
(c) Enforcement of Rule. The United States Marshal, the General Services Administration
police, and the security force contracted for service by the court enforce the provisions of
this rule. A violation of this rule constitutes contempt of court.
LBR 5075-1. MOTIONS FOR ADMINISTRATIVE ORDERS PURSUANT TO

28 U.S.C. § 156(c)
(a) General. This rule applies to motions by which a party in interest seeks an order from the
bankruptcy court approving employment of persons or entities to perform certain duties
of the clerk’s office, the debtor, or the debtor in possession such as (1) processing proofs
of claim and maintaining the claims register; (2) serving notices; (3) scanning documents;
or (4) providing photocopies of documents filed in the case (collectively, “administrative
order”).
(b) Procedure. A motion for administrative order must include a completed declaration on
court-mandated form F 5075-1.1, Declaration to be Filed with Motion Establishing
Administrative Procedures Re 28 U.S.C. § 156(c) with the completed Mega Case
Procedures Checklist attached thereto. A copy of the motion, including the declaration and
checklist, must also be provided to the clerk’s office at the time the motion is filed.
Movant’s counsel must consult with the clerk’s office in completing the checklist to the
satisfaction of the clerk’s office. Unless the judge to whom the case is assigned orders
otherwise, any such motion that is not accompanied by the completed checklist may be
denied by the court and any hearing thereon previously scheduled may be vacated.
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LBR 5095-1
LBR 5095-1. INVESTMENT OF ESTATE FUNDS
(a) Notice.
(1) The trustee or debtor in possession must give not less than 14 days written notice
of a proposed investment of bankruptcy estate funds in a Designated Fund to the
United States trustee, the debtor (if a trustee has been appointed), the creditors’
committee or the 20 largest unsecured creditors if no committee has been
appointed, any other committee appointed in the case, counsel for any of the
foregoing, and any other party in interest entitled to notice under FRBP 2002,
unless the court for cause shown shortens the time or otherwise modifies or limits
notice pursuant to a motion under LBR 9075-1.
(2) The notice must state that any objection or request for hearing must be filed and
served not more than 14 days after service of the notice, unless the notice specifies
a longer period, or unless otherwise ordered by the court.
(3) If an objection and request for hearing is not filed and served within such 14-day
period, the trustee or debtor in possession may proceed with the investment. An
order is not required nor will an order be entered under this rule.
(b) Objection and Request for Hearing. If a timely objection and request for hearing is filed
and served, the trustee or debtor in possession must, within 21 days from the date of
service of such objection, obtain and give not less than 14 days notice of the hearing to
each objecting party and to the United States trustee.
(c) Designated Fund. For purposes of this rule, a “Designated Fund” is an open-end
management investment company registered under the Investment Company Act of 1940
and regulated as a “money market fund” pursuant to Rule 2a-7 under the Investment
Company Act of 1940, that:
(1) Invests exclusively in United States Treasury bills and United States Treasury
Notes owned directly or through repurchase agreements;
(2) Has received the highest money market fund rating from a nationally recognized
statistical rating organization, such as Standard & Poor’s or Moody’s;
(3) Has agreed to redeem fund shares in cash, with payment being made no later than
the business day following a redemption request by a shareholder, except in the
event of an unscheduled closing of Federal Reserve Banks or the New York Stock
Exchange; and
(4) Has adopted a policy that it will notify its shareholders 60 days prior to any change
in its investment and redemption policies under subsections (c)(1) and (3) of this
rule.
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LBR 6004-1
LBR 6004-1. SALE, USE, OR LEASE OF ESTATE PROPERTY
(a) General. The requirements of LBR 9013-1 through LBR 9013-4 apply to a motion for
an order establishing procedures for the sale of estate assets and a motion seeking
authorization to sell, use or lease estate property, except as provided by this rule.
(b) Motion for Order Establishing Procedures for the Sale of Estate Property.
(1) Timing of Hearing. A hearing on a Motion to Establish Procedures for the Sale
of the Estate’s Assets (“Sale Procedure Motion”) may be scheduled on not less
than 7 days notice to applicable parties, unless an order shortening the time for a
hearing is obtained under LBR 9075-1(b).
(2) Contents of Notice. The notice must describe the proposed bidding procedures and
include a copy of the proposed purchase agreement. If the purchase agreement is
not available, the moving party must describe the terms of the sale proposed, when
a copy of the actual agreement will be filed with the court, and from whom it may
be obtained. The notice must describe the marketing efforts undertaken and the
anticipated marketing plan, or explain why no marketing is required. The notice
must provide that opposition is due on or before 1 day prior to the hearing, unless
(3) Service of the Notice and Motion. The moving party must serve the motion and
notice of the motion and hearing by personal delivery, messenger, telephone, fax,
or e-mail to the parties to whom notice of the motion is required to be given by the
FRBP or by these rules, any other party that is likely to be adversely affected by
the granting of the motion, and the United States trustee. The notice of hearing
must state that any response in opposition to the motion must be filed and served
at least 1 day prior to the hearing, unless otherwise ordered by the court.
(4) Opposition. Any opposition and accompanying memorandum of points and

authorities and declarations must be filed and served at least 1 day prior to the
hearing, unless otherwise ordered by the court. Papers filed in opposition to the
motion must be served by personal delivery, messenger, fax, or e-mail. A judge’s
copy of the opposition must be served on the judge in chambers in accordance with
LBR 5005-2(d).
(5) Scheduling Hearing on the Sale. A date and time for a hearing on the motion to
approve the sale itself may be obtained at or prior to the hearing on the Sale
Procedure Motion. The hearing must be scheduled, if practicable, no more than
30 days following the hearing on the Sale Procedure Motion.
(6) Break-up Fees. If a break-up fee or other form of overbid protection is requested
in the Sale Procedure Motion, the request must be supported by evidence
establishing:
(A) That such a fee is likely to enhance the ultimate sale price; and
(B) The reasonableness of the fee.
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LBR 6004-1
(c) Motion for Order Authorizing the Sale of Estate Property.
(1) General. Unless otherwise ordered by the court and subject to FRBP 6003(b), an
order authorizing the sale of estate property other than in the ordinary course of
business may be obtained upon motion of the trustee or debtor in possession in a
chapter 7, 11, or 12 case after notice and a hearing pursuant to LBR 9013-1(a) or
after notice of opportunity for hearing under LBR 9013-1(o)(1), except the
following which must be set for hearing pursuant to LBR 9013-1(a):
(A) A sale of all or substantially all of the debtor’s assets in a case under
chapter 11 or 12; or
(B) A sale of property that is either subject to overbid or concerning which the
trustee or debtor in possession has been contacted by potential overbidders.
(2) Motion.
(A) A motion for an order authorizing the sale of estate property, other than in
the ordinary course of business, must be supported by a declaration of the
movant establishing the value of the property and that the terms and
conditions of the proposed sale, including the price and all contingencies,
are in the best interest of the estate.
(B) If the proposed sale is not subject to overbid, the declaration must include
a certification that the movant has not been contacted by any potential
overbidder and that, in the movant’s business judgment, there are no viable
alternative purchasers.
(C) A memorandum of points and authorities is not required but may be filed
in support of the motion.
(3) Notice of Hearing. If the motion is set for hearing pursuant to LBR 9013-1, the
notice must state:
(A) The date, time, and place of the hearing on the proposed sale;
(B) The name and address of the proposed buyer;
(C) A description of the property to be sold;
(D) The terms and conditions of the proposed sale, including the price and all
contingencies;
(E) Whether the proposed sale is free and clear of liens, claims or interests, or
subject to them, and a description of all such liens, claims, or interests;
(F) Whether the proposed sale is subject to higher and better bids;
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LBR 6004-1
(G) The consideration to be received by the estate, including estimated

commissions, fees, and other costs of sale;
(H) If authorization is sought to pay a commission, the identity of the

auctioneer, broker, or sales agent and the amount or percentage of the
proposed commission to be paid;
(I) A description of the estimated or possible tax consequences to the estate,

if known, and how any tax liability generated by the sale of the property
will be paid; and
(J) The date by which an objection must be filed and served.
(4) Notice of Opportunity for Hearing. If authorization is sought pursuant to

LBR 9013-1(o)(1), the notice must include the information required by subsection
(c)(3)(B) through (I) of this rule and state:
(A) That a written objection to the proposed sale, together with a request for
hearing, must be filed and served pursuant to LBR 9013-1(o)(1) not later
than 14 days from the date of service of the notice, unless the notice period
is shortened by order of the court; and
(B) That in the absence of an objection, an order may be entered authorizing

the sale of the property without further notice or hearing.
(d) Notice of Intent to Use, Sell, or Lease Estate Property (Optional Procedure).
(1) Scope of Rule. A trustee or debtor in possession may sell, use or lease property
of the estate in a chapter 7, 11, or 12 case, other than in the ordinary course of
business, under 11 U.S.C. § 363(b)(1) upon notice, except the following which
must be brought by motion and set for hearing pursuant to LBR 9013-1(a):
(A) A sale of all or substantially all of the debtor’s assets in a case under
chapter 11 or 12; or
(B) A sale of property that is either subject to overbid or concerning which the
trustee or debtor in possession has been contacted by potential overbidders.
(2) Notice.
(A) The trustee or debtor in possession must give not less than 14 days written
notice by mail to creditors and interested parties who are entitled to notice,
unless the court for cause shown shortens the time or otherwise modifies
or limits notice pursuant to a motion under LBR 9075-1.
(B) The notice must comply with LBR 6004-1(c)(3)(B) through (I) and include
a certification that the trustee or debtor in possession has not been
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LBR 6004-1
contacted by any potential overbidder and that, in the trustee’s or debtor in

possession’s business judgment, there are no viable alternative purchasers.
(C) The notice must state that any objection and request for hearing must be
filed and served not more than 14 days after service of the notice, unless
the notice specifies a longer period or unless otherwise ordered by the
court, and that in the absence of an objection the property may be sold
without further notice.
(D) If an objection and request for hearing is not filed and served within such
14-day period, the trustee or debtor in possession may take the proposed
action on the date specified in the notice of intent. An order is not required
nor will an order be entered under this subsection.
(3) Objection and Request for Hearing. If a timely objection and request for hearing
is filed and served, the trustee or debtor in possession must, within 21 days from
the date of service of such objection, obtain and give not less than 14 days notice
of the hearing to each objecting party and to the United States trustee.
(e) Sale of Publicly Traded Assets. If the property consists of assets sold in public markets
whose prices are published on national or regional exchanges (e.g., securities, bonds,
commodities, or precious metals), the trustee or debtor in possession may sell such assets
in a market transaction after providing not less than 14 days written notice by mail to such
creditors and interested parties who are entitled to notice, unless the court for cause shown
shortens the time or otherwise modifies or limits notice pursuant to a motion under LBR
9075-1.
(1) The notice must identify the asset, the market through which the asset is to be sold,
and the published price on the date of the notice.
(2) If a commission is to be paid to a sales agent, the notice must disclose the name
and address of the sales agent and the amount of the commission to be paid on
account of the sale.
(3) The notice must also state that any objection and request for hearing must be filed
and served not more than 14 days after service of the notice, unless the notice
specifies a longer period or unless otherwise ordered by the court, and that in the
absence of an objection the property may be sold without further notice.
(4) If an objection and request for hearing is not filed and served within such 14-day
period, the trustee or debtor in possession may proceed with the sale in accordance
with the notice. An order is not required nor will an order be entered under this
subsection.
(5) If a timely objection and request for hearing is filed and served, the trustee or
debtor in possession must, within 21 days from the date of service of such
objection, obtain and give not less than 14 days notice of the hearing to each
objecting party and to the United States trustee.
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LBR 6007-1
(6) The trustee or debtor in possession need not file an employment application on
behalf of a sales agent registered with the Security Investors Protection
Corporation, but the sales agent must execute a declaration of disinterestedness
which must be filed by the trustee or debtor in possession with the notice.
(f) Publication of Notice of Sale of Estate Property. Whenever the trustee or debtor in
possession is required to give notice of a sale or of a motion to sell property of the estate
pursuant to FRBP 6004 and 2002(c), an additional copy of the notice and court-approved
form F 6004-2, Notice of Sale of Estate Property must be submitted to the clerk at the time
of filing for purposes of publication by the clerk on the court’s website.
(g) Report of Sale. Unless otherwise ordered by the court, the report of sale required by
FRBP 6004(f)(1) must be filed and served not later than 21 days after the date of the sale
of any property not in the ordinary course of business.
(h) Disbursement of Sale Proceeds. Unless otherwise ordered by the court, all proceeds of
a sale must be paid directly to any appointed trustee or the debtor in possession. A
disbursement of proceeds must not be made without a specific order of the court
authorizing the disbursement, except for payment to secured creditors, payment to a debtor
of exempt proceeds, and payment for expenses of sale. Proceeds may be disbursed to pay
auctioneer’s fees and brokers’ commissions without additional order of the court if
payment is consistent with the terms of the order approving the sale or authorizing the
employment of the auctioneer or broker.
(i) Chapter 13 Cases. A motion to sell or refinance property in a chapter 13 case must be
filed pursuant to LBR 3015-1(p).
LBR 6007-1. ABANDONMENT
(a) Notice of Intent to Abandon. A trustee or debtor in possession who desires to abandon
property of the estate may seek to do so by a notice of intent to abandon, without the
necessity for filing a motion to abandon.
(b) Motion to Compel Abandonment. An order compelling the case trustee or debtor in
possession to abandon property of the estate may be obtained upon motion of a party in
interest after notice of opportunity for hearing pursuant to LBR 9013-1(o)(1).
(c) Notice.
(1) Content. Notice of either an intent to abandon or motion to compel abandonment

must (a) describe the property to be abandoned, including the address of the
property, if applicable; (b) state the basis upon which the party seeking
abandonment concludes that the property is burdensome to the estate or that it is
of inconsequential value or benefit to the estate; and (c) state that any objection
and request for hearing must be filed and served not more than 14 days after
service of the notice, unless the notice specifies a longer period or unless otherwise
(2) Parties to Be Served. The notice must be served on those listed in FRBP 6007(a).
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LBR 6007-1
(d) Absence of Objection and Request for Hearing.
(1) If no timely objection and request for hearing is filed and served, the property is
deemed abandoned without further order of the court.
(2) If an entity desires an order of the court authorizing or directing, and confirming,
the case trustee’s or debtor in possession’s abandonment of the property, that entity
may lodge a proposed form of order with the court in accordance with the
procedure set forth in LBR 9013-1(o)(3).
(e) Objection and Request for Hearing. If a timely objection and request for hearing is filed
and served, the party requesting the abandonment must, within 21 days from the date of
service of such objection, obtain a hearing date and furnish not less than 14 days notice
of the hearing to each objecting party and to the United States trustee.
86 01/10
LBR 7015-1
LBR 7003-1. ADVERSARY PROCEEDING SHEET
A complaint, filed electronically or non-electronically, must be accompanied by an Official

Form B104, Adversary Proceeding Sheet, completed and signed by the attorney or party
presenting the complaint. The form must contain the name, address, and telephone number
of each party to the adversary proceeding, together with the name, address, and telephone
number of each party’s attorney, if known.
LBR 7004-1. ISSUANCE AND SERVICE OF SUMMONS AND NOTICE OF STATUS

CONFERENCE
(a) Presentation for Issuance. The attorney or party must prepare a Summons and Notice
of Status Conference using court-mandated form F 7004-1 for execution by the clerk. The
summons must be presented concurrently with the filing of a complaint or of an
involuntary petition pursuant to 11 U.S.C. § 303.
(b) Manner of Service. A summons must be served in the manner authorized in FRBP 7004.
If a summons or any paper is served by mail, the mailing address must include the zip
code. The notice required by FRBP 7026 and LBR 7026-1 must be served with the
summons and complaint.
(c) Exception – Statute of Limitations. If the statute of limitations applicable to any claim
in a complaint will expire before the summons can be prepared and submitted, the
complaint will be accepted by the clerk for filing without a summons. The summons must
be presented for issuance within 2 days after the complaint is filed under this exception.
LBR 7004-2. LIMITATIONS ON SERVICE BY MARSHAL
(a) General. Except as otherwise provided by order of the court or when required by the
treaties or statutes of the United States, civil process on behalf of a non-governmental
party must not be presented to the United States Marshal for service.
(b) Exception. Upon request by the government, civil process on behalf of the United States
government or an officer or agency thereof may be made by the United States Marshal.
LBR 7008-1. CORE/NON-CORE DESIGNATION
In all adversary proceedings, the statements required by FRBP 7008(a) and 7012(b) must
be plainly stated in the first numbered paragraph of the paper.
LBR 7015-1. AMENDED AND SUPPLEMENTAL PLEADINGS
(a) Form.
(1) An original and 1 copy of the proposed amended pleading must be lodged as a
separate document and served with any notice of motion or stipulation to amend
a pleading.
(2) Every amended pleading filed as a matter of right or allowed by order of the court
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LBR 7016-1
must be complete, including exhibits. The amended pleading must not incorporate
by reference any part of the prior superseded pleading.
(3) Unless otherwise ordered, a pleading will not be deemed amended absent
compliance with this rule and FRBP 7015.
(b) Service of Allowed Amended Pleading.
(1) Unless otherwise ordered, an amended pleading allowed by order of the court will
be deemed served upon the parties who have previously appeared on the date the
motion to amend is granted or the stipulation therefor is approved, provided the
proposed amended pleading was lodged and served in accordance with subsection
(a)(1). Otherwise, actual service and filing of the amended pleading is required.
(2) A party who has not previously appeared must be served with an amended pleading
as provided in LBR 2002-2 and 7004-1.
LBR 7016-1. STATUS CONFERENCE, PRETRIAL, AND TRIAL PROCEDURE
(a) Status Conference. In any adversary proceeding, the clerk will issue a summons and
notice of the date and time of the status conference.
(1) Who Must Appear. Each party appearing at any status conference must be
represented by either the attorney (or party, if not represented by counsel) who is
responsible for trying the case or the attorney who is responsible for preparing the
case for trial.
(2) Contents of Joint Status Report. Unless otherwise ordered by the court, at least 14
days before the date set for each status conference the parties are required to file
a joint status report discussing the following:
(A) State of discovery, including a description of completed discovery and

detailed schedule of all further discovery then contemplated;
(B) A discovery cut-off date;
(C) A schedule of then contemplated law and motion matters;
(D) Prospects for settlement;
(E) A proposed date for the pretrial conference and/or the trial;
(F) Whether counsel have met and conferred in compliance with LBR 7026-1,
and if so, the date of the conference;
(G) Any other issues affecting the status or management of the case; and
(H) Whether the parties are interested in alternative dispute resolution.
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LBR 7016-1
(3) Unilateral Status Report. If any party fails to cooperate in the preparation of a
joint status report and a response has been filed to the complaint, each party must
file a unilateral status report not less than 7 days before the date set for each status
conference, unless otherwise ordered by the court. The unilateral status report
must contain a declaration setting forth the attempts made by the party to contact
or obtain the cooperation of the non-complying party.
(4) Scheduling Order. Unless otherwise ordered by the court, within 7 days after the
status conference the plaintiff must lodge, in accordance with LBR 9021-1(b), a
proposed scheduling order setting forth the following:
(A) Deadline to join other parties and to amend the pleadings;
(B) Deadline to complete discovery;
(C) Deadline to file any pretrial motions and/or a joint pretrial order;
(D) Any dates set for further status conferences, a final pretrial conference, and
the trial;
(E) Any other appropriate matter; and
(F) Proof of service on all opposing counsel (or parties, if not represented by
counsel).
(5) Stipulation for Extension of Deadlines in Scheduling Order. A stipulation for

extension of the deadlines set forth in a previously entered scheduling order must
contain facts establishing cause for the requested extension and be submitted to the
court in accordance with LBR 9021-1(b)(2) and LBR 9071-1.
(b) Joint Pretrial Order.
(1) When Required.
(A) In any adversary proceeding or contested matter, unless otherwise ordered

by the court, attorneys for the parties must prepare and lodge, in accordance
with LBR 9021-1(b), a written joint pretrial order approved by counsel for
all parties.
(B) Unless otherwise ordered by the court, the joint pretrial order must be
lodged and served not less than 14 days before the date set for the trial or
pretrial conference, if one is ordered.
(C) The preparation and filing of the pretrial order is the responsibility of the
parties’ counsel (or parties, if not represented by counsel). All parties must
meet and confer at least 28 days before the date set for trial or pretrial
conference, if one is ordered, for the purpose of preparing the pretrial order.
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(2) Contents of Pretrial Order. Unless the court orders otherwise, a joint pretrial order
must include the following statements in the following order:
(A) “The following facts are admitted and require no proof:” (Set forth a
concise statement of each.)
(B) “The following issues of fact, and no others, remain to be litigated:” (Set
forth a concise statement of each.)
(C) “The following issues of law, and no others, remain to be litigated:” (Set
forth a concise statement of each.)
(D) “Attached is a list of exhibits intended to be offered at the trial by each

party, other than exhibits to be used for impeachment only. The parties
have exchanged copies of all exhibits.” (Attach a list of exhibits in the
sequence to be offered, with a description of each, sufficient for
identification, and as to each state whether or not there is objection to its
admissibility in evidence and the nature thereof.) If deposition testimony
is to be offered as part of the evidence, the offering party must comply with
LBR 7030-1.
(E) “The parties have exchanged a list of witnesses to be called at trial.” The
parties must exchange a list of names and addresses of witnesses, including
expert witnesses, to be called at trial other than those contemplated to be
used for impeachment or rebuttal. The lists of witnesses must be attached
to the proposed joint pretrial order together with a concise summary of the
subject of their proposed testimony. If an expert witness is to be called at
trial, the parties must exchange short narrative statements of the
qualifications of the expert and the testimony expected to be elicited at
trial. If the expert to be called at trial has prepared a report, the report
must be exchanged as well.
(F) “Other matters that might affect the trial such as anticipated motions in
limine, motions to withdraw reference due to timely jury trial demand
pursuant to LBR 9015-2, or other pretrial motions.”
(G) “All discovery is complete.”
(H) “The parties are ready for trial.”
(I) “The estimated length of trial is .”
(J) “The foregoing admissions have been made by the parties, and the parties
have specified the foregoing issues of fact and law remaining to be
litigated. Therefore, this order supersedes the pleadings and governs the
course of trial of this cause, unless modified to prevent manifest injustice.”
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(c) Plaintiff’s Duty.
(1) It is plaintiff’s duty to prepare and sign a proposed joint pretrial order that is
complete in all respects except for other parties’ lists of exhibits and witnesses.
(2) Unless otherwise ordered by the court, plaintiff must serve the proposed joint
pretrial order in such manner so that it will actually be received by the office of
counsel for all other parties not later than 4:00 p.m. on the 7th day prior to the last
day for lodging the proposed pretrial order.
(d) Duty of Parties Other Than Plaintiff. Each other party must, within 3 days following
receipt of plaintiff’s proposed order, take the following action:
(1) Agreement With Form of Proposed Order. If plaintiff’s proposed order is

satisfactory, attach that party’s list of exhibits and witnesses to the order, indicate
approval of the proposed order by signature, file it with the clerk in time to be
received within the time prescribed in subsection (b)(1) of this rule, and serve all
other parties with a completed copy of the order so filed; or
(2) Disagreement With Form of Proposed Order. If plaintiff’s proposed order is

unsatisfactory:
(A) Immediately meet with or telephone plaintiff in a good faith effort to

achieve a joint proposed order; and
(B) If such effort is unsuccessful, prepare a separate proposed order and file it,
together with plaintiff’s order and a declaration of that party setting forth
the efforts made to comply with subsection (d)(2)(A) of this rule. The
separate proposed order and declaration must be filed and served in such
a manner that they will actually be received by the clerk and the plaintiff
all within the time set forth in subsection (b)(1) of this rule.
(e) Non-receipt of Proposed Joint Pretrial Order.
(1) Plaintiff. A plaintiff who has complied with subsection (c) of this rule and does
not receive a timely response from the other parties, must file and serve a unilateral
pretrial order at least 14 days before the trial or pretrial conference, if one is
ordered. At the same time, plaintiff must file and serve a declaration asserting the
failure of the other parties to respond.
(2) Other Parties. Any party other than plaintiff who has not received plaintiff’s
proposed pretrial order within the time limits set forth in subsection (c) of this rule,
must prepare, file, and serve at least 14 days prior to the trial or pretrial
conference, if one is ordered, a declaration attesting to plaintiff’s failure to prepare
and serve a proposed pretrial order in a timely manner.
(f) Sanctions for Failure to Comply with Rule. In addition to the sanctions authorized by
F.R.Civ.P. 16(f), if a status conference statement or a joint proposed pretrial order is not
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filed within the times set forth in subsections (a) or (e), respectively, of this rule, the court
may order one or more of the following:
(1) A continuance of the trial date, if no prejudice is involved to the party who is not
at fault;
(2) An award of monetary sanctions including attorneys’ fees against the party at fault,
payable to the party not at fault; and/or
(3) An award of non-monetary sanctions against the party at fault.
Monetary sanctions will be assessed against the party at fault and/or counsel, in the court’s
discretion. Non-monetary sanctions may include the entry of a judgment of dismissal or
the entry of an order striking the answer and entering a default.
(g) Failure to Appear at Hearing or Prepare for Trial. The failure of a party’s counsel (or
the party, if not represented by counsel) to appear before the court at the status conference
or pretrial conference, or to complete the necessary preparations therefor, or to appear at
or to be prepared for trial may be considered an abandonment or failure to prosecute or
defend diligently, and judgment may be entered against the defaulting party either with
respect to a specific issue or as to the entire proceeding, or the proceeding may be
dismissed.
LBR 7026-1. DISCOVERY
(a) General. Compliance with FRBP 7026 and this rule is required in all adversary
proceedings.
(1) Notice. The plaintiff must serve with the summons and complaint a notice that
compliance with FRBP 7026 and this rule is required.
(2) Proof of Service. The plaintiff must file a proof of service of this notice together
with the proof of service of the summons and complaint.
(b) Discovery Conference and Disclosures.
(1) Conference of Parties. Unless all defendants default, the parties must conduct the
meeting and exchange the information required by FRBP 7026 within the time
limits set forth therein.
(2) Joint Status Report. Within 7 days after such meeting, the parties must prepare a
joint status report containing the information set forth in LBR 7016-1(a)(2). The
joint status report will serve as the written report of the meeting required by FRBP
7026.
(c) Failure to Make Disclosures or Cooperate in Discovery.
(1) General. Unless excused from complying with this rule by order of the court for
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LBR 7026-2
good cause shown, a party must seek to resolve any dispute arising under FRBP
7026-7037 or FRBP 2004 in accordance with this rule.
(2) Meeting of Counsel. Prior to the filing of any motion relating to discovery,
counsel for the parties must meet in person or by telephone in a good faith effort
to resolve a discovery dispute. It is the responsibility of counsel for the moving
party to arrange the conference. Unless altered by agreement of the parties or by
order of the court for cause shown, counsel for the opposing party must meet with
counsel for the moving party within 7 days of service upon counsel of a letter
requesting such meeting and specifying the terms of the discovery order to be
sought.
(3) Moving Papers. If counsel are unable to resolve the dispute, the party seeking
discovery must file and serve a notice of motion together with a written stipulation
by the parties.
(A) The stipulation must be contained in 1 document and must identify,

separately and with particularity, each disputed issue that remains to be
determined at the hearing and the contentions and points and authorities of
each party as to each issue.
(B) The stipulation must not simply refer the court to the document containing
the discovery request forming the basis of the dispute. For example, if the
sufficiency of an answer to an interrogatory is in issue, the stipulation must
contain, verbatim, both the interrogatory and the allegedly insufficient
answer, followed by each party’s contentions, separately stated.
(C) In the absence of such stipulation or a declaration of counsel of

noncooperation by the opposing party, the court will not consider the
discovery motion.
(4) Cooperation of Counsel; Sanctions. The failure of any counsel either to cooperate
in this procedure, to attend the meeting of counsel, or to provide the moving party
the information necessary to prepare the stipulation required by this rule within
7 days of the meeting of counsel will result in the imposition of sanctions,
including the sanctions authorized by FRBP 7037 and LBR 9011-3.
(5) Contempt. LBR 9020-1 governing contempt proceedings applies to a discovery

motion to compel a non-party to comply with a deposition subpoena for testimony
and/or documents under FRBP 7030 and 7034.
LBR 7026-2. DISCOVERY DOCUMENTS – RETENTION, FILING, AND COPIES
(a) Retention by Propounding Party. The following discovery documents and proof of
service thereof must not be filed with the clerk until there is a proceeding in which the
document or proof of service is in issue:
(1) Transcripts of depositions upon oral examination;
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LBR 7026-2
(2) Transcripts of depositions upon written questions;

(3) Interrogatories;
(4) Answers or objections to interrogatories;
(5) Requests for the production of documents or to inspect tangible things;
(6) Responses or objections to requests for the production of documents or to inspect
tangible things;
(7) Requests for admission;
(8) Responses or objections to requests for admission;
(9) Notices of Deposition, unless filing is required in order to obtain issuance of a
subpoena in another district; and
(10) Subpoena or Subpoena Duces Tecum.
(b) Period of Retention for Discovery Documents. Discovery documents must be held by
the attorney for the propounding party pending use pursuant to this rule for the period
specified in LBR 9070-1(b) for the retention of exhibits, unless otherwise ordered by the
court.
(c) Filing of Discovery Documents.
(1) When required in a proceeding, only that part of the document that is in issue must
be filed with the court.
(2) When filed, discovery documents must be submitted with a notice of filing that
identifies the date, time, and place of the hearing or trial in which it is to be
offered.
(3) Original deposition transcripts are treated as trial exhibits and must be delivered
to the judge for use at the hearing or trial. The original deposition transcript and
a copy must be lodged with the clerk pursuant to LBR 7030-1(b).
(d) Copies of Discovery Documents.
(1) Unless an applicable protective order otherwise provides, any entity may obtain a
copy of any discovery document described in subsection (a) of this rule by making
a written request therefor to the clerk and paying duplication costs.
(2) The clerk will give notice of the request to all parties in the case or proceeding,
and the party holding the original of the requested discovery document must lodge
the original or an authenticated copy with the clerk within 14 days after service of
the clerk’s notice.
(3) Promptly after duplication, the clerk will return the original to the party who
provided it.
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LBR 7030-1
LBR 7026-3. INTERROGATORIES AND REQUESTS FOR ADMISSION
(a) Form.
(1) Interrogatories and requests for admission must comply with the form requirements
of LBR 9004-1.
(2) Interrogatories and requests for admissions must be numbered sequentially without
repeating the numbers used on any prior set of interrogatories or requests for
admission propounded by that party.
(b) Number of Interrogatories Permitted. A party must not, without leave of the court and
for good cause shown, serve more than 25 interrogatories on any other party. Each
subdivision of an interrogatory is considered a separate interrogatory. A motion for leave
to serve additional interrogatories may be made pursuant to LBR 9013-1.
(c) Answers and Objections. The party answering or objecting to interrogatories or requests
for admission must quote each interrogatory or request in full immediately preceding the
statement of any answer or objection thereto.
(d) Retention By Propounding Party. The original of the interrogatories or requests for
admission must be held by the attorney propounding the interrogatories or requests
pursuant to LBR 7026-2 pending use or further order of the court.
LBR 7030-1. DEPOSITIONS
(a) Custody of Original Transcript.
(1) The original transcript of a deposition must be sent to the attorney noticing the
deposition after signing and correction or waiver of the same unless otherwise
stipulated to on the record at the deposition.
(2) It is the duty of the attorney noticing the deposition to obtain from the reporter the
original transcript thereof in a sealed envelope and to safely retain the same under
conditions suitable to protect it from tampering, loss, or destruction.
(3) Upon request of any party intending to offer deposition evidence at a contested
hearing or trial, a copy of the transcript must be sent to that party for marking in
compliance with subsection (b) of this rule.
(b) Use of Deposition Evidence in Contested Hearing or Trial. Unless otherwise ordered
by the court, each party intending to offer any evidence by way of deposition testimony
pursuant to F.R.Civ.P. 32 and F.R.Evid. 803 or 804 must:
(1) Lodge the original deposition transcript and a copy pursuant to this rule with the
clerk at least 7 days before the hearing or trial at which it is to be offered;
(2) Identify on the copy of the transcript the testimony the party intends to offer by
bracketing in the margins the questions and answers that the party intends to offer
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LBR 7052-1
at trial. The opposing party must likewise countermark any testimony that it plans
to offer. The parties must agree between themselves on a separate color to be used
by each party which must be used consistently by that party for all depositions
marked in the case;
(3) Mark objections to the proffered evidence of the other party in the margins of the
deposition by briefly stating the ground for the objection; and
(4) Serve and file notice of the portions of the deposition marked or countermarked by
stating the pages and lines so marked, objections made, and the grounds indicated
therefor. The notice must be served and filed within 7 days after the party has
marked, countermarked, or objects to the deposition evidence.
(c) Deposition Summary. In appropriate cases and when ordered by the court, the parties
may jointly prepare a deposition summary to be used in lieu of question and answer
reading of a deposition at trial.
LBR 7041-1. DISMISSAL OF ADVERSARY PROCEEDING
(a) Dismissal for Want of Prosecution. A proceeding that has been pending for an
unreasonable period of time without any action having been taken therein may be
dismissed for want of prosecution upon notice and opportunity to request a hearing.
(b) Dismissal for Failure to Appear. If a party fails to appear at the noticed hearing of a
motion or trial of the proceeding, the court may make such orders in regard to the failure
as are just, including dismissal of the matter for want of prosecution. Unless the court
provides otherwise, any dismissal pursuant to this rule is without prejudice.
(c) Reinstatement – Sanctions. If any proceeding dismissed pursuant to this rule is

reinstated, the court may impose such sanctions as it deems just and reasonable.
(d) Notice of Dismissal. The clerk will provide to all parties to the proceeding notice of entry
of any order dismissing a proceeding under this rule.
LBR 7052-1. FINDINGS OF FACT AND CONCLUSIONS OF LAW
(a) Preparation and Lodging. In all cases where written findings of fact and conclusions of
law are required, the prevailing party must within 7 days of the date of the hearing at
which oral findings and conclusions were rendered, lodge electronically via LOU proposed
findings of fact and conclusions of law, unless otherwise ordered by the court.
(b) Findings of Fact. The proposed findings of fact must:
(1) Be in separately numbered paragraphs;
(2) Be in chronological order; and
(3) Not make reference to allegations contained in the pleadings.
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LBR 7054-1
(c) Conclusions of Law. The proposed conclusions of law must follow the findings of fact,
and:
(1) Must be in separately numbered paragraphs; and
(2) May include brief citations of appropriate authority.
LBR 7054-1. TAXATION OF COSTS AND AWARD OF ATTORNEYS’ FEES
(a) Who May Be Awarded Costs. When costs are allowed by the FRBP or other applicable
law, the court may award costs to the prevailing party. No costs will be allowed unless
a party qualifies as, or is determined by the court to be, the prevailing party under this
rule. Counsel are advised to review 28 U.S.C. § 1927 regarding counsel’s liability for
excessive costs.
(b) Prevailing Party. For purposes of this rule, the prevailing party is defined as follows:
(1) Recovery on Complaint. The plaintiff is the prevailing party when it recovers on
the entire complaint.
(2) Dismissal or Judgment in Favor of Defendant. The defendant is the prevailing

party when the proceeding is terminated by court-ordered dismissal or judgment
in favor of defendant on the entire complaint.
(3) Partial Recovery. Upon request of one or more of the parties, the court will
determine the prevailing party when there is a partial recovery or a recovery by
more than one party.
(4) Voluntary Dismissal. Upon request of one or more of the parties, the court will
determine the prevailing party when the proceeding is voluntarily dismissed or
otherwise voluntarily terminated.
(5) Offer of Judgment. If a party defending against a claim files under seal a written
offer of judgment before trial and the judgment finally obtained by the offeree is
not more favorable than the offer, the party offering the judgment is the prevailing
party.
(c) Bill of Costs. The prevailing party who is awarded costs must file and serve a bill of
costs not later than 30 days after entry of judgment. Each item claimed must be set forth
separately in the bill of costs. The prevailing party, or the party’s attorney or agent having
knowledge of the facts must file a declaration with the bill of costs certifying that:
(1) The items claimed as costs are correct;
(2) The costs were necessarily incurred in the case;
(3) The services for which fees have been charged were actually and necessarily
performed; and
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LBR 7055-1
(4) The costs were paid or the obligation for payment was incurred.
(d) Items Taxable as Costs. A list of the items taxable as costs is contained in the Court
(e) Objection to Bill of Costs. Not later than 7 days after service of a copy of a bill of costs,
a party dissatisfied with the costs claimed may file and serve an objection to taxation of
the costs sought. The grounds for objection must be stated specifically. The court may
resolve the matter without a hearing or set the matter for hearing.
(f) Entry of Costs. If a timely objection to a bill of costs is not filed or, in the event of a
timely objection, as soon as practicable after an order determining the objection becomes
final, the clerk will insert the amount of costs awarded to the prevailing party into the
blank left in the judgment for that purpose and enter a similar notation on the docket sheet.
(g) Motion for Attorneys’ Fees.
(1) If not previously determined at trial or other hearing, a party seeking an award of
attorneys’ fees where such fees may be awarded must file and serve a motion not
later than 30 days after the entry of judgment or other final order, unless otherwise
(2) The requirements of LBR 9013-1 through LBR 9013-4 apply to a motion for
attorneys’ fees under this rule.
(h) Execution. Upon request, the clerk will issue a writ of execution to recover costs and
attorneys’ fees included in the judgment:
(1) Upon presentation of a certified copy of the final judgment in the bankruptcy court
or in the district court; or
(2) Upon presentation of a mandate of the district court, bankruptcy appellate panel,
or court of appeals to recover costs taxed by the appellate court.
LBR 7055-1. DEFAULT
(a) Entry of Default. A request for the clerk to enter default must be supported by a
declaration establishing the elements required by F.R.Civ.P. 55(a), as incorporated into
FRBP 7055, and a proof of service on the defaulting party.
(b) Motion for Default Judgment.
(1) Form of Motion. A motion for default judgment must state:
(A) The identity of the party against whom default was entered and the date of
entry of default;
(B) Whether the defaulting party is an infant or incompetent person and, if so,
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whether that person is represented by a general guardian, committee,

conservator, or other representative;
(C) Whether the individual defendant in default is currently on active duty in

the armed forces of the United States, based upon an appropriate
declaration in compliance with the Servicemembers Civil Relief Act (Pub.
L. 108-189) (50 U.S. Code App. §§ 501-594). When the individual
defendant is the debtor, the party seeking the default may rely upon the
debtor’s sworn statements contained in a statement of financial affairs, by
following the appropriate procedure for requesting judicial notice of that
document pursuant to F.R.Evid. 201; and
(D) That notice of the motion has been served on the defaulting party, if
required by F.R.Civ.P. 55(b)(2).
(2) Evidence of Amount of Damages. Unless otherwise ordered, if the amount claimed
in a motion for judgment by default is unliquidated, the movant must submit
evidence of the amount of damages by declarations in lieu of live testimony.
Notice must be given to the defaulting party of the amount requested. Any
opposition to the amount of damages by the party against whom the judgment is
sought must be in writing and supported by competent evidence.
(3) Other Relief. Other proceedings necessary or appropriate to the entry of a

judgment by default may be taken as provided in F.R.Civ.P. 55(b)(2).
(4) Attorneys’ Fees.
(A) When a promissory note, contract, or applicable statute provides a basis for
the recovery of attorneys’ fees, a reasonable attorneys’ fee may be allowed
in a default judgment. Subject to subsection (b)(4)(B), the reasonableness
of the attorneys’ fee will be calculated based upon the amount of the
judgment, exclusive of costs, according to the following schedule:
Amount of Judgment Attorneys’ Fees Award
$0.01 - $1,000 30% with a minimum of $250

$1,000.01 - $10,000 $300 plus 10% of the amount over $1,000
$10,000.01- $50,000 $1,200 plus 6% of the amount over $10,000
$50,000.01- $100,000 $3,600 plus 4% of the amount over $50,000
Over $100,000 $5,600 plus 2% of the amount over $100,000
(B) An attorney seeking fees in excess of the schedule may request in the
motion for default judgment to have a reasonable attorneys’ fee fixed by
the court. The court will hear the request and render judgment for such fee
as the court may deem reasonable.
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LBR 7056-1
LBR 7056-1. SUMMARY JUDGMENT
(a) General. The requirements of LBR 9013-1 through LBR 9013-4 apply to a motion for
summary judgment, except as provided by this rule.
(b) Motion and Supporting Documents.
(1) Motion. A notice of motion and motion for summary judgment or partial summary
adjudication pursuant to FRBP 7056 must be served and filed not later than 36
days before the date of the hearing on the motion.
(2) Statement of Uncontroverted Facts and Conclusions of Law and Proposed

Summary Judgment.
(A) The movant must serve, file, and lodge with the motion for summary
judgment or partial summary adjudication a proposed statement of
uncontroverted facts and conclusions of law and a separate proposed
summary judgment.
(B) Unless otherwise ordered by the court, the proposed statement of

uncontroverted facts and conclusions of law must be lodged electronically
via LOU. The statement must identify each of the specific material facts
relied upon in support of the motion and cite the particular portions of any
pleading, affidavit, deposition, interrogatory answer, admission, or other
document relied upon to establish each such fact.
(3) Evidence. The movant is responsible for filing with the court all evidentiary
documents cited in the moving papers in accordance with LBR 9013-1(i).
(c) Response and Supporting Documents.
(1) Response. Any party who opposes the motion must serve and file a response not
later than 21 days before the date of the hearing on the motion.
(2) Statement of Genuine Issues.
(A) The respondent must serve, file, and lodge a separate concise statement of
genuine issues with the response.
(B) Unless otherwise ordered by the court, the respondent’s statement of

genuine issues must be lodged electronically via LOU. The respondent’s
statement must identify each material fact that is disputed and cite the
particular portions of any pleading, affidavit, deposition, interrogatory
answer, admission, or other document relied upon to establish the dispute
and the existence of a genuine issue precluding summary judgment or
adjudication.
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LBR 7064-1
(3) Evidence. The respondent is responsible for filing with the court all necessary
evidentiary documents cited in the responding papers in accordance with LBR
9013-1(i).
(4) Need for Discovery. If a need for discovery is asserted as a basis for denial of the
motion, the respondent must identify the specific facts or issues on which discovery
is necessary and justify the request for additional time to pursue such discovery.
(d) Reply. Movant must serve and file any reply not later than 14 days before the hearing on
the motion.
(e) Stipulated Facts. The parties may file a stipulation setting forth a statement of stipulated
undisputed facts. The parties so stipulating may state that their stipulations are entered
into solely for purposes of the motion for summary judgment and are not intended to be
binding otherwise.
(f) Facts Deemed Admitted. In determining any motion for summary judgment or partial
summary adjudication, the court may assume that the material facts as claimed and
adequately supported by the movant are admitted to exist without controversy, except to
the extent that such facts are:
(1) Included in the “statement of genuine issues,” and
(2) Adequately controverted by declaration or other evidence filed in opposition to the

motion.
LBR 7064-1. SEIZURE OF PERSONS AND PROPERTY
(a) Issuance of Writ. A writ or other process issued for the seizure of persons or property
pursuant to F.R.Civ.P. 64, 69, or 70 must be issued, attested, signed, and sealed as required
for writs issued out of this court.
(b) Writ or Other Process of Seizure. A writ or other process for seizure in a civil action
must be directed to, executed, and returned by the United States Marshal, a state or local
law enforcement officer authorized by state law, or a private person specially appointed
by the court for that purpose pursuant to an application and order.
(c) Process Requiring Entry Upon Premises.
(1) An order of court requiring entry upon private premises without notice must be
executed by the United States Marshal, a state or local law enforcement officer
authorized by state law, or a private person specially appointed by the court for
that purpose pursuant to an application and order.
(2) If a writ or other process is to be executed by a private person, the private person
must be accompanied by a United States Marshal or a state or local law
enforcement officer present at the premises during the execution of the order.
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LBR 7067-1
(d) Eviction. Any eviction to be made pursuant to a writ of possession issued by the court
pursuant to 11 U.S.C. § 365(d)(4) must be effected by a state or local law enforcement
officer authorized by state law to execute such writs issued under state law, unless
LBR 7065-1. INJUNCTIONS
(a) Adversary Proceeding Required. A temporary restraining order or preliminary

injunction may be sought as a provisional remedy only in a pending adversary proceeding,
not in the bankruptcy case itself. An adversary complaint must be filed either prior to, or
contemporaneously with, a request for issuance of a temporary restraining order (“TRO”)
or preliminary injunction.
(b) Temporary Restraining Orders and Preliminary Injunctions.
(1) When a TRO is not requested, a preliminary injunction must be sought by noticed
motion and not by order to show cause.
(2) When a TRO is requested, a preliminary injunction must be sought by order to

show cause.
(3) If the TRO is granted without notice, the hearing on the order to show cause must
be set with 14 days after the entry of the TRO unless otherwise agreed by the
parties.
(4) If the TRO is denied or granted after reasonable notice, the court may set the
hearing on the order to show cause re preliminary injunction without regard to the
notice of motion requirements set forth in LBR 9013-1(d)(2).
(c) Approval of Bonds, Undertakings, and Stipulations Regarding Security. A bond,

undertaking, or stipulation regarding security given in conjunction with the issuance of a
TRO or preliminary injunction must satisfy the requirements of FRBP 7065(c) and
LBR 2010-1.
LBR 7067-1. REGISTRY FUND
(a) Deposit of Registry Funds.
(1) General. Funds must not be sent to the court or the clerk for deposit into the
court’s registry without a court order.
(2) Form of Order. A party seeking authorization to deposit funds into the court’s
registry must prepare an order that meets the requirements of LBR 9004-1 and
states (A) the exact amount to be deposited; (B) that the funds are to be deposited
into an interest bearing account; and (C) that the funds will remain on deposit until
further order of the court. The order must also contain the following provision:
“IT IS ORDERED that the clerk is directed to deduct from the income earned on
the investment a fee, not exceeding that authorized by the Judicial Conference of
102 01/10
LBR 7067-1
the United States and set by the Director of the Administrative Office, whenever
such income becomes available for deduction in the investment so held and without
further order of the court.”
(3) Tender of Funds. The funds must be submitted to the clerk by check or money
order made payable to “U. S. Bankruptcy Court” in the exact amount specified in
the court order.
(b) Notice to Clerk.
(1) Whenever the court orders that money deposited into court must be deposited by
the clerk in an interest bearing account, the party seeking the order must forthwith
personally serve a copy of such order upon the clerk or chief deputy clerk along
with the deposit.
(2) The failure of the party seeking an order of deposit to an interest bearing account
to serve the clerk or chief deputy with a copy of the order releases the clerk from
liability for loss of interest upon the money subject to the order of deposit.
(c) Authorized Depositories. Unless otherwise ordered by the court, the clerk must deposit
money pursuant to an order of deposit in any institution that the United States trustee has
authorized for deposit of funds administered by debtors in possession or appointed trustees,
subject to the same terms and conditions as for such funds. The clerk may also invest
such money in United States Treasury bills.
(d) Timing of Deposit. The clerk must deposit the money pursuant to an order of deposit as
soon as practicable following service of a copy of the order by the party authorized to
deposit funds.
(e) Fees Charged on Registry Funds. All funds deposited on or after December 1, 1990 and
invested as registry funds will be assessed a charge of 10% of the income earned. Fees
may be deducted periodically without further order and will be subject to any subsequent
exceptions or adjustments by directive of the Administrative Office of the United States
Courts.
(f) Disbursements of Registry Funds.
(1) General. The clerk will disburse funds on deposit in the registry of the court only
pursuant to a court order.
(2) Form of Order. The disbursement order must contain a provision relieving the
clerk from liability for loss of interest, if any, for early withdrawal of the funds.
The order must state the name and taxpayer identification number for each party
who is to receive funds and the amount or percentage of the principal each is to
receive. The order must also state the percentage of the interest each party is to
receive. Funds will be disbursed only after the time for appeal of any related
judgment or order has expired, or upon approval by the court of a written
stipulation by all parties.
103 01/10
LBR 7069-2
LBR 7069-1. ENFORCEMENT OF JUDGMENT AND PROVISIONAL REMEDIES
(a) Use of United States Marshal is Discouraged. The court encourages the use of state
remedies and officers wherever appropriate to enforce judgments or obtain available
remedies. The United States Marshals Service is available to enforce federal judgments
as necessary.
(b) Forms.
(1) Unless the court has adopted its own form, the applicable form approved by the
Judicial Council of California for use in California courts must be used in this
court whenever a provisional remedy is sought or a judgment is enforced in
accordance with state law as provided in FRBP 7064 and 7069.
(2) The caption must be revised to specify “United States Bankruptcy Court for the
Central District of California,” rather than the California courts, and the form must
be modified, as necessary, to meet the requirements of LBR 9004-1 and LBR
9009-1.
LBR 7069-2. DISCOVERY IN AID OF ENFORCEMENT OF JUDGMENT
(a) Discovery Permitted. With respect to a judgment of the bankruptcy court and as allowed
by FRBP 7069, except to the extent that a federal statute applies, a judgment creditor may
obtain discovery from any person to aid in enforcing a judgment in the manner provided
by F.R.Civ.P. 26-37 or in the manner provided by state law.
(b) Rule 2004 Examination Not Permitted. A judgment creditor may not use FRBP 2004
to collect information to use to enforce a judgment.
104 01/10
LBR 8003-1
LBR 8000-1. RULES APPLICABLE TO BANKRUPTCY APPEALS
(a) Appeals to District Court. A bankruptcy appeal pending before the district court is
governed by Chapter IV, Local Rules of the District Court Governing Bankruptcy Appeals,
Cases and Proceedings.
(b) Appeals to Bankruptcy Appellate Panel. A bankruptcy appeal pending before the
bankruptcy appellate panel is governed by the Rules of the United States Bankruptcy
Appellate Panel of the Ninth Circuit.
(c) Direct Appeals to Ninth Circuit. In an appeal arising out of a bankruptcy case filed on
or after October 17, 2005, a certification of a judgment, order, or decree of the court to the
Ninth Circuit, as permitted by 28 U.S.C. § 158(d)(2), must be made in accordance with
FRBP 8001(f) and 8003, as well as any applicable interim rules approved by the
Committee on Rules of Practice and Procedure of the United States Judicial Conference
and the Judicial Conference of the United States.
LBR 8001-1. NOTICE OF APPEAL
A notice of appeal must be filed in accordance with FRBP 8001(a) and Rule 2.2 of Chapter
IV, Local Rules of the District Court Governing Bankruptcy Appeals, Cases and Proceedings.
LBR 8001-3. STATEMENT OF ELECTION
A statement of election to have an appeal heard by the district court instead of the
bankruptcy appellate panel must be filed in accordance with FRBP 8001(e) and Rules 2.1.1
through 2.1.2.2 of Chapter IV, Local Rules of the District Court Governing Bankruptcy Appeals,
Cases and Proceedings.
LBR 8003-1. LEAVE TO APPEAL FROM INTERLOCUTORY ORDERS
(a) Applicability.
(1) This rule is applicable solely to appeals referred to the bankruptcy appellate panel.
(2) Leave to appeal from an interlocutory order to the district court is governed by
Rule 3 of Chapter IV, Local Rules of the District Court Governing Bankruptcy
Appeals, Cases and Proceedings.
(b) Motion for Leave to Appeal. Leave to appeal under 28 U.S.C. § 158(a) must be sought
by filing a motion for leave with the clerk within the time provided by FRBP 8002 for
filing a notice of appeal, with proof of service by the applicant in accordance with FRBP
8008(b).
(c) Content of Motion. A motion for leave to appeal must include all elements required by
FRBP 8003(a).
(d) Answer. Within 14 days after service of the motion, an adverse party may file with the
clerk an answer in opposition.
105 01/10
LBR 8009-1
(e) Disposition.
(1) Unless a party to the appeal has filed with the clerk of the bankruptcy appellate
panel a written objection to the disposition of the appeal by the bankruptcy
appellate panel, the clerk will transmit the motion for leave to appeal and any
answer thereto to the clerk of the bankruptcy appellate panel as soon as all parties
have filed answers or the time for filing an answer has expired.
(2) If an objection is duly filed after the motion has been referred to the bankruptcy
appellate panel but before it has been determined, then the motion will be
transferred to the district court for decision.
(3) The motion and answer will be considered without oral argument, unless otherwise
ordered.
(f) Designation and Transmission of Record.
(1) If leave to appeal is granted, the clerk will notify counsel for appellant within 7
days. The record will be designated and transmitted and the appeal will be
docketed in accordance with FRBP 8006 and 8007.
(2) The time fixed by FRBP 8006 and 8007 for designating and transmitting the record
and docketing the appeal will run from the date of the notice by the clerk of entry
of the order granting leave to appeal.
LBR 8004-1. SERVICE OF NOTICE OF APPEAL
(a) Service on Parties to Appeal. Within 3 days after the filing of a notice of appeal, the
clerk will serve upon all parties to the appeal a copy of the notice of appeal, Notice of
Referral of Appeal, Transcript Order Form, Notice of Transcript, and a copy of the below-
referenced applicable order:
(1) Amended Order Establishing and Continuing the Bankruptcy Appellate Panel of
the Ninth Circuit (referencing appeals originating in bankruptcy cases filed on or
before October 22, 1994).
(2) Order Continuing Bankruptcy Appellate Panels of the Ninth Circuit (referencing
appeals originating in bankruptcy cases filed after October 22, 1994).
(b) Transmission to Appellate Court. A copy of the notice of appeal will also be
transmitted to the clerk of the bankruptcy appellate panel or clerk of the district court.
LBR 8009-1. BRIEFS IN APPEALS TO DISTRICT COURT
Briefs in an appeal pending before the district court are governed by Rule 5 of Chapter IV,
Local Rules of the District Court Governing Bankruptcy Appeals, Cases and Proceedings.
106 01/10
LBR 8014-1
LBR 8011-4. EMERGENCY MOTIONS IN APPEALS TO DISTRICT COURT
An emergency motion in an appeal pending in the district court must be made in

accordance with Rule 6.3 of Chapter IV, Local Rules of the District Court Governing Bankruptcy
Appeals, Cases and Proceedings.
LBR 8014-1. COSTS ON APPEAL TO DISTRICT COURT
Costs on appeal to the district court are governed by Rule 9 of Chapter IV, Local Rules
of the District Court Governing Bankruptcy Appeals, Cases and Proceedings.
107 01/10
[BLANK PAGE]
108 01/10
LBR 9001-1
LBR 9001-1. DEFINITIONS
(a) Definition of Terms. As used in these rules, the following words and phrases are defined
as follows:
(1) “Appellate Court” means the bankruptcy appellate panel or the district court
exercising its appellate jurisdiction pursuant to 28 U.S.C. § 158.
(2) “Application” means a request for judicial action that must be sought by
application rather than motion under the FRBP.
(3) “Attorney” or “Counsel” includes attorney, proctor, advocate, solicitor, counsel,

or counselor.
(4) “Bankruptcy Appellate Panel” means the United States Bankruptcy Appellate
Panel of the Ninth Circuit.
(5) “Bankruptcy Code” or “Code” means title 11 of the United States Code.
(6) “Brief” includes briefs, memoranda, points and authorities, and other written
argument or compilations of authorities.
(7) “Case” means a bankruptcy case commenced by the filing of a petition pursuant
to 11 U.S.C. §§ 301, 302, 303, or 1504.
(8) “Clerk” means the clerk of the United States Bankruptcy Court for the Central
District of California and deputy clerks. Other clerks may be specified in the text.
(9) “CM/ECF” means the court’s Case Management/Electronic Case Files System.
(10) “CM/ECF Procedures” means the Administrative Procedures for Filing, Signing,
and Verifying Pleadings and Papers Using the Case Management/Electronic Case
Files (CM/ECF) System as authorized and approved by General Order 06-03 on
November 7, 2006. The instructions for registration and procedures for use of
CM/ECF are posted on the court’s website at the CM/ECF home page and
contained in the Court Manual available from the clerk and on the court’s website.
(11) “CM/ECF User” means a person or entity registered to use the court’s Case
Management/Electronic Case Files System.
(12) “Court” means the United States Bankruptcy Court of the Central District of
California or the district court when exercising its original bankruptcy jurisdiction
pursuant to 11 U.S.C. § 1334, including the judge to whom a case or proceeding
is assigned.
(13) “Court Manual” means the procedural manual maintained and updated
periodically by the clerk that includes: General Court Information; Filing
Information and Procedures; CM/ECF Procedures; LOU Procedures; Other Court
109 01/10
LBR 9001-1
Technology; and Clerk’s Forms. The Court Manual is available from the clerk and
on the court’s website.
(14) “Courtroom Deputy” means a deputy clerk assigned to the courtroom of a judge
of the court.
(15) “Court’s Website” means www.cacb.uscourts.gov.
(16) “Declaration” means any declaration under penalty of perjury executed in

conformance with 28 U.S.C. § l746 and any properly executed affidavit.
(17) “Defendant” means a party against whom a claim for relief is made by complaint,
counterclaim, or cross-claim.
(18) “District Court” means the United States District Court for the Central District of
California.
(19) “District Court Rules” means the Local Civil Rules of the United States District
Court for the Central District of California; Chapter IV, Local Rules of the District
Court Governing Bankruptcy Appeals, Cases and Proceedings; and such other rules
and general orders adopted by the district court concerning cases or proceedings
filed or pending in the bankruptcy court.
(20) “F.R.App.P.” means the Federal Rules of Appellate Procedure.
(21) “FRBP” means the Federal Rules of Bankruptcy Procedure.
(22) “F.R.Civ.P.” means the Federal Rules of Civil Procedure.
(23) “F.R.Evid.” means the Federal Rules of Evidence.
(24) “File” means the delivery, including electronically via CM/ECF, to and acceptance
by the clerk, courtroom deputy, the court, or other person authorized by the court
of a paper that will be noted in the docket.
(25) “Judge” means a bankruptcy judge, district court judge, or other judicial officer
in a case or proceeding assigned to the court.
(26) “Lodge” means to deliver, including electronically via LOU, to the clerk,
courtroom deputy, the court, or other person authorized by the court a paper that
is tendered to the court but is not approved for filing, such as a proposed form of
order.
(27) “LOU” means the court’s Lodged Order Upload program.
(28) “LOU Procedures” means the procedures for LOU posted on the court’s website
at the CM/ECF home page and contained in the Court Manual available from the
clerk and on the court’s website.
110 01/10
LBR 9001-1
(29) “Motion” includes all motions, applications, objections to claims that are not
adversary proceedings, or other requests made for judicial action except by
complaint, counterclaim, or cross-claim.
(30) “Movant” means an entity requesting an order other than by way of complaint,
counterclaim, or cross-claim.
(31) “NEF” means the Notice of Electronic Filing, and hyperlink to the document filed,
automatically generated when a paper is electronically or non-electronically added
to the docket or a docket event is entered. As set forth in the CM/ECF Procedures,
an NEF and hyperlink to the document or docket event is transmitted electronically
to parties who have a CM/ECF login and password and who are either a party in
a case or adversary proceeding or have otherwise participated in the case or
adversary proceeding.
(32) “Ninth Circuit” means the United States Court of Appeals for the Ninth Circuit.
(33) “Notice of Entry”means a document completed by the clerk that provides notice
to appropriate persons or entities that an order or judgment has been entered.
(34) “Paper” includes all pleadings, motions, affidavits, declarations, briefs, points and
authorities, and all other papers and documents presented for filing or lodging,
excluding exhibits submitted during a hearing or trial.
(35) “Plaintiff” means a party claiming affirmative relief by complaint, counterclaim,

or cross-claim.
(36) “Proceeding” includes motions, adversary proceedings, contested matters, and

other matters presented to the court. It does not include a “case” as defined above.
(37) “Proof of Service” means a document certifying that a person or entity who filed
or lodged a paper with the court served other appropriate persons or entities with
a copy of the paper filed or lodged.
(38) “Respondent” means an entity responding to a request for an order other than by
way of complaint, counterclaim, or cross-complaint.
(39) “United States attorney” means the United States Attorney for the Central District
of California, and any assistant United States attorney, employee, or designee of
the United States attorney.
(40) “United States trustee” means the United States Trustee for Region 16, and any
assistant United States trustee, employee, or designee of the United States trustee.
(41) “United States Trustee Notices and Guides” means the United States Trustee
Chapter 11 Notices and Guides and the Notice of Requirements for Debtors In
Possession in Chapter 11 Cases.
111 01/10
LBR 9009-1
(b) Terms Not Otherwise Defined. A term not defined in this rule will have the meaning
provided in the Bankruptcy Code or the FRBP.
LBR 9004-1. FORM OF PAPERS FILED OR LODGED WITH COURT
(a) General.
(1) Unless otherwise expressly provided by these rules, a paper filed or lodged with
the court and any exhibit thereto must comply with the form and format
requirements contained in the Court Manual available from the clerk and on the
court’s website.
(2) This rule does not prevent the use of Official Forms or court-approved forms in
accordance with LBR 9009-1.
(b) Signature of Person.
(1) General. The name of the person signing a paper must be printed clearly below the
signature line.
(2) Facsimile or Electronically Produced Signature. Unless otherwise provided in a

case, the clerk may accept papers for filing that bear a facsimile or electronically
produced signature as the equivalent of an original signature, provided the filing
party and clerk comply strictly with the court’s electronic filing procedures
described in LBR 5005-4 for the safeguarding of paper documents with original
signatures.
LBR 9009-1. FORMS
(a) Official Forms. Official Forms prescribed by the Judicial Conference of the United States
may be used in any case or proceeding filed in this court.
(b) Court-approved Forms.
(1) In addition to the Official Forms prescribed by the Judicial Conference of the
United States, the court provides additional court-approved forms, copies of which
are available from the clerk and on the court’s website.
(2) Unless specifically designated as a mandatory form or unless otherwise specifically

ordered, a court-approved form provided in these rules is optional and is provided
for the convenience of the parties.
(c) Court-mandated Forms.
(1) A court-mandated form is a court-approved form designated as “mandatory.” A

court-mandated form must be filed with the exact language provided in the form.
If the court-mandated form is an order or judgment, the form order or judgment
must be lodged with the exact language provided in the form, except that it may
include additional language that has been approved by the court.
112 01/10
LBR 9011-3
(2) No modification of the original text of a court-mandated form is permitted. Any

proposed modification must be added as an attachment so that the suggested
modification of the standard language of the court-mandated form is obvious.
(d) Certificate of Substantial Compliance. If a modified version of an Official Form or a

court-approved form is used, then such paper must include a certificate that the form
contains the same substance as the Official Form or court-approved form, as applicable.
LBR 9011-2. PERSONS APPEARING WITHOUT COUNSEL
(a) Corporation, Partnership, Unincorporated Association, or Trust. A corporation, a

partnership including a limited liability partnership, a limited liability company, or any
other unincorporated association, or a trust may not file a petition or otherwise appear
without counsel in any case or proceeding, except that it may file a proof of claim, file or
appear in support of an application for professional compensation, or file a reaffirmation
agreement, if signed by an authorized representative of the entity.
(b) Individuals. Any individual representing himself or herself without an attorney must
appear personally for such purpose.
(c) Minors or Incompetents. A non-attorney guardian for a minor or an incompetent person

must be represented by counsel. Local Civil Rule 83-5 of the district court is incorporated
herein by reference.
(d) Compliance with Rules. Any person appearing without counsel must comply with the
F.R.Civ.P., F.R.Evid., F.R.App.P., FRBP, and these rules. The failure to comply may be
grounds for dismissal, conversion, appointment of a trustee or an examiner, judgment by
default, or other appropriate sanctions.
LBR 9011-3. SANCTIONS
(a) Violation of Rules. The violation of, or failure to conform to, the FRBP or these rules
may subject the offending party or counsel to penalties, including monetary sanctions, the
imposition of costs and attorneys’ fees payable to opposing counsel, and/or dismissal of
the case or proceeding.
(b) Failure to Appear or Prepare. Unless otherwise ordered by the court, the failure of
counsel for any party to take any of the following steps may be deemed an abandonment
or failure to prosecute or defend diligently by the defaulting party:
(1) Complete the necessary preparation for pretrial;
(2) Appear at pretrial or status conference;
(3) Be prepared for trial on the date set; or
(4) Appear at any hearing where service of notice of the hearing has been given or
waived.
113 01/10
LBR 9013-1
(c) Penalties for an Unnecessary or Unwarranted Motion or Opposition. Pursuant to

FRBP 9011, the presentation to the court of an unnecessary motion and the unwarranted
opposition to a motion, which unduly delays the course of an action or proceeding, or
failure to comply fully with these rules, subjects the offender and attorney at the discretion
of the court to appropriate discipline, including the imposition of costs and the award of
attorneys’ fees to opposing counsel, payment of 1 day’s jury fees of the panel, if one has
been called for the trial, and such other sanctions, including denial of the motion or
dismissal of the proceeding, as may appear proper to the court under the circumstances.
This section applies to violations of the LBRs which may otherwise not be subject to
sanctions under either FRBP 9011 or F.R.Civ.P. 11.
LBR 9013-1. MOTION PRACTICE AND CONTESTED MATTERS
(a) Applicability.
(1) Unless otherwise ordered by the court, parties must file, serve, and set for hearing
all contested matters, including motions, whether filed in the bankruptcy case or
an adversary proceeding, objections, applications, orders to show cause, and other
matters for which a hearing is necessary (collectively, “motions”), in accordance
with this rule, any other applicable LBR, the FRBP, and the Bankruptcy Code.
(2) This rule applies to objections to claims, except as provided in LBR 3007-1.
(3) This rule applies to motions for summary judgment, except as provided in LBR
7056-1.
(4) This rule does not apply to a motion to reject a collective bargaining agreement
which is governed by 11 U.S.C. § 1113.
(b) Motion Calendar.
(1) Each judge of the court maintains a motion calendar and instructions for self-
setting hearings that are available from the clerk and posted on the court’s website.
(2) A party must self-set a motion for hearing at a date and time permitted on the
judge’s motion calendar in accordance with the judge’s self-set calendaring
instructions.
(3) If a judge’s calendar does not permit the self-setting of a hearing on a particular
type of motion or the judge does not schedule a regular law and motion day, a
hearing on the motion must be noticed only with the approval of the judge or
courtroom deputy.
(c) Form and Content of Motion and Notice.
(1) Oral Motions. Unless otherwise provided by rule or order of the court, an oral
motion is not permitted except during trial.
114 01/10
LBR 9013-1
(2) Notice of Motion. Every motion must be accompanied by written notice of motion
specifying briefly the relief requested in the motion and, if applicable, the date,
time, and place of hearing. Except as set forth in LBR 7056-1 with regard to
motions for summary judgment or partial summary adjudication, or as otherwise
ordered, the notice of motion must advise the opposing party that LBR 9013-1(f)
requires a written response to be filed and served at least 14 days before the
hearing. If the motion is being heard on shortened notice pursuant to LBR 9075-1,
the notice must specify the deadline for responses set by the court in the order
approving the shortened notice.
(3) Motion. There must be served and filed with the motion and as a part thereof:
(A) Duly authenticated copies of all photographs and documentary evidence

that the moving party intends to submit in support of the motion, in
addition to the declarations required or permitted by FRBP 9006(d); and
(B) A written statement of all reasons in support thereof, together with a

memorandum of the points and authorities upon which the moving party
will rely.
(4) Exception. Unless warranted by special circumstances of the motion, or otherwise

ordered by the court, a memorandum of points and authorities is not required for
applications to retain or compensate professionals, motions for relief from
automatic stay, or motions to sell, use, lease, or abandon estate assets.
(d) Time Limits for Service and Filing of Motions.
(1) Persons or Entities to be Served with the Notice and Motion. Except for a motion
under LBRs 2014-1(b), 2016-1(a)(2), 3015-1(w) and (x), 7026-1(c), and 9075-1,
and subject to LBR 2002-2(a) and FRBP 9034, a motion and notice thereof must
be served upon the adverse party (by serving the adverse party’s attorney of record,
if any; or if the adverse party is the debtor, by serving the debtor and the debtor’s
attorney, if any; or the adverse party, if there is no attorney of record).
(2) Deadline for Filing and Serving of Notice and/or Notice and Motion. The notice
of motion and motion must be filed and served not later than 21 days before the
hearing date designated in the notice except as set forth in: (A) LBR 7056-1 with
regard to motions for summary judgment or partial summary adjudication; (B)
LBRs 2014-1(b), 2016-1(a)(2), 3015-1(w) and (x), and 9013-1(o) with regard to
motions and matters that may not require a hearing; (C) LBR 3007-1 with regard
to motions for orders disallowing claims; and (D) LBR 9075-1 with regard to
motions to be heard on an emergency or shortened notice basis. The court, for
good cause, may prescribe a different time.
(e) Proof of Service. Every paper filed pursuant to this rule must be accompanied by a proof
of service in the form specified in LBR 9013-3.
(f) Opposition, Joinders, and Responses to Motions. Except as set forth in LBR 7056-1
with regard to motions for summary judgment or partial summary adjudication, LBRs
115 01/10
LBR 9013-1
2014-1(b), 2016-1(a)(2), 3015-1(w) and (x), and 9013-1(o) with regard to motions and
matters that may not require a hearing, LBR 9075-1 with regard to motions to be heard
on an emergency or shortened notice basis or unless otherwise ordered by the court, each
interested party opposing, joining, or responding to the motion must file and serve on the
moving party and the United States trustee not later than 14 days before the date
designated for hearing either:
(1) A complete written statement of all reasons in opposition thereto or in support or

joinder thereof, declarations and copies of all photographs and documentary
evidence on which the responding party intends to rely, and any responding
memorandum of points and authorities. The opposing papers must advise the
adverse party that any reply to the opposition must be filed with the court and
served on the opposing party not later than 7 days prior to the hearing on the
motion; or
(2) A written statement that the motion will not be opposed.
(g) Reply Papers. Except as set forth in LBR 7056-1 with regard to motions for summary
judgment or partial summary adjudication, or unless otherwise ordered by the court, the
moving party (or the opposing party in instances where a joinder has been filed) may file
and serve a reply memorandum not later than 7 days before the date designated for
hearing.
(1) The reply memorandum and declarations or other evidence attached, must respond
directly to the opposition papers.
(2) Service of reply papers is required only upon the United States trustee subject to
FRBP 9034 and LBR 2002-2(a) and on persons or entities (or their attorneys, if
any) who filed an opposition to a motion, and must be made by personal service,
e-mail, or by overnight mail delivery service. A judge’s copy of the reply must be
served on the judge in chambers in accordance with LBR 5005-2(d).
(3) Unless the court finds good cause, a reply paper not filed or served in accordance
with this rule will not be considered.
(h) Failure to File Required Papers. Papers not timely filed and served may be deemed by
the court to be consent to the granting or denial of the motion, as the case may be.
(i) Evidence on Motions, Responses to Motions, or Reply Papers. Factual contentions

involved in any motion, opposition or other response to a motion, or reply papers, must
be presented, heard, and determined upon declarations and other written evidence. The
verification of a motion is not sufficient to constitute evidence on a motion, unless
(1) The court may, at its discretion, in addition to or in lieu of declaratory evidence,
require or allow oral examination of any declarant or any other witness in
accordance with FRBP 9017. When the court intends to take such testimony, it
will give the parties 2 days notice of its intention, if possible, or may grant such
a continuance as it may deem appropriate.
116 01/10
LBR 9013-1
(2) An evidentiary objection may be deemed waived unless it is (A) set forth in a
separate document; (B) cites the specific Federal Rule of Evidence upon which the
objection is based; and (C) is filed with the responsive or reply papers.
(3) In lieu of oral testimony, a declaration under penalty of perjury will be received
into evidence.
(4) Unless the court orders otherwise, a witness need not be present at the first hearing
on a motion.
(5) If the court decides to hear oral testimony, the matter may be continued to another
date for final hearing.
(j) Appearance at Hearing.
(1) Appearance is Mandatory. Counsel for the moving and opposing parties, and the
moving and opposing parties who are appearing without counsel, must be present
at the hearing on the motion and must have such familiarity with the case as to
permit informed discussion and argument of the motion. The failure of counsel or
an unrepresented party to appear, unless excused by the court in advance, may be
deemed consent to a ruling upon the motion adverse to that counsel’s or
unrepresented party’s position.
(2) Waiver of Personal Appearance. With the consent of the court, counsel may waive
personal appearance at the hearing. Counsel who have agreed to waive personal
appearance must advise the courtroom deputy of such agreement by telephone
message or letter which reaches the courtroom deputy by no later than noon on the
third day preceding the hearing date. The courtroom deputy will advise the parties
by no later than noon on the day preceding the hearing date as to whether the court
has consented to the waiver of personal appearance.
(3) Oral Argument. If the court decides in its discretion to dispense with oral
argument on any motion, the courtroom deputy will attempt to give counsel and
unrepresented parties notice of the court’s intention to do so at least 24 hours prior
to the hearing date and time. The court may also dispense with oral argument and
waive appearance by tentative or final ruling posted on the court’s web site the day
before the hearing.
(4) Telephonic Appearance at Hearing. A party who wishes to appear telephonically

must consult the court’s web site to determine whether a telephonic appearance on
a particular matter is permissible and to review the judge’s procedures for
telephonic appearances. See LBR 9074-1.
(k) Voluntary Dismissal of Motion.

A party who seeks to voluntarily dismiss a motion must, not less than 2 days prior to the
hearing date: (1) give telephonic notice thereof to opposing counsel and the courtroom
deputy of the judge before whom the matter is pending; and (2) file with the court, and
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LBR 9013-1
serve on the United States trustee and persons or entities who have filed an opposition or
other response to the motion, a notice thereof with the court. An order may be required.
(l) Motion Previously Denied. Whenever any motion for an order or other relief has been
made to the court and has been denied in whole or in part, or has been granted
conditionally or on terms, and a subsequent motion is made for the same relief in whole
or in part upon the same or any allegedly different state of facts, it is the continuing duty
of each party and attorney seeking such relief to present to the judge to whom any
subsequent motion is made, a declaration of a party or witness or certified statement of an
attorney setting forth the material facts and circumstances surrounding each prior motion
including:
(1) The date of the prior motion;
(2) The identity of the judge to whom the prior motion was made;
(3) The ruling, decision or order on the prior motion; and
(4) The new or different facts and circumstances claimed to exist, which either did not
exist or were not shown upon the prior motion.
The failure to comply with the foregoing requirement is grounds for the court to set aside
any order or ruling made on the subsequent motion, and subjects the offending party or
attorney to sanctions.
(m) Continuance.
(1) Ex Parte Motion for Continuance. Unless otherwise ordered, an ex parte motion
for the continuance of a hearing under this rule must be filed with the court and
served upon all previously noticed parties by facsimile, e-mail, personal service,
or overnight mail at least 3 days before the date set for the hearing.
(A) The motion must set forth in detail the reasons for the continuance, state
whether any prior continuance has been granted, and be supported by the
declaration of a competent witness attesting to the necessity for the
continuance.
(B) A proposed order for continuance must, in accordance with LBR 9021-1(b),
be lodged with the court upon the filing of the motion.
(C) Unless the ex parte motion for continuance is granted by the court at least
1 day before the hearing, the parties must appear at the hearing.
(2) Stipulations For Continuances. Parties stipulating to a continuance of a hearing

under this rule must notify the courtroom deputy immediately of their agreement
for a continuance. The stipulation is subject to approval by the court under
subsection (m)(3) of this rule. Unless the continuance is approved by the court at
least 1 day before the hearing, the parties must appear at the hearing. A stipulation
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LBR 9013-1
for continuance must contain facts establishing cause for the requested continuance
and be submitted to the court in accordance with LBR 9021-1(b)(2) and LBR
9071-1.
(3) Court Approval. A continuance (whether stipulated to by counsel or not) is not

effective unless the continuance is granted in open court, the court approves the
continuance in writing, or the clerk or court staff informs the parties that the court
has authorized a continuance.
(4) Extension of Time Due to Continuance of Hearing Date. Unless an order for
continuance states otherwise, a continuance of the hearing of a motion
automatically extends the time for filing and serving opposing papers and reply
papers.
(n) Discovery. Unless otherwise ordered by the court, Fed.R.Civ.P. 26(a), (d) and (f), as
incorporated into FRBP 7026 and LBR 7026-1, do not apply to contested matters under
FRBP 9014 and this rule.
(o) Motions and Matters Not Requiring a Hearing.
(1) Matters That May Be Determined Upon Notice of Opportunity to Request Hearing.
Except as to matters specifically noted in subsection (o)(2) below, and as otherwise
ordered by the court, any matter that may be set for hearing in accordance with
LBR 9013-1 may be determined upon notice of opportunity to request a hearing.
(A) Notice. When the notice of opportunity for hearing procedure is used, the
notice must:
(i) Succinctly and sufficiently describe the nature of the relief sought
and set forth the essential facts necessary for a party in interest to
determine whether to file a response and request a hearing;
(ii) State that LBR 9013-1(o)(1) requires that any response and request
for hearing must be filed with the court and served on the movant
and the United States trustee within 14 days after the date of service
of the notice; and
(iii) Be filed with the court and served by the moving party on all
creditors and other parties in interest who are entitled to notice of
the particular matter.
(B) Motion. The motion and supporting papers must be filed with the notice,
but must be served only on the United States trustee and those parties who
are directly affected by the requested relief.
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LBR 9013-1
(2) Matters that May Not be Determined Upon Notice of Opportunity to Request Hearing.
Unless otherwise ordered by the court, the following matters may not be determined by
the procedure set forth in subsection (o)(1) above:
(A) Objections to claims;
(B) Motions regarding the stay of 11 U.S.C. § 362;
(C) Motions for summary judgment and partial summary adjudication;
(D) Motions for approval of cash collateral stipulations;
(E) Motions for approval of postpetition financing;
(F) Motions for continuance;
(G) Adequacy of chapter 11 disclosure statements;
(H) Confirmation of plans in chapter 9, chapter 11, chapter 12, and chapter 13
cases;
(I) Motions for orders establishing procedures for the sale of the estate’s assets
under LBR 6004-1(b);
(J) Motions for recognition of a foreign proceeding as either a main or a

nonmain proceeding;
(K) Motions for the adoption of a chapter 15 administrative order; and
(L) Motions for the adoption of a cross-border protocol.
(3) No Response and Request for Hearing. If the response period expires without the
filing and service of any response and request for hearing, the moving party must
do all of the following:
(A) File Declaration of Service and Non-response. Promptly file a declaration

attesting that no timely response and request for hearing was served upon
the moving party. A copy of the motion, notice, and proof of service of the
notice and motion must be attached as exhibits to the declaration. No
service is required prior to filing the declaration.
(B) Lodge Proposed Order. Lodge a proposed order in accordance with LBR
9021-1, except that: (i) the proposed order need not be served prior to
lodging, except as otherwise required in these rules; and (ii) the Notice of
Entered Order and Service List must limit service by the court to only the
debtor or debtor in possession (and debtor’s attorney, if any), and the
United States trustee.
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LBR 9013-2
(C) Deliver Copies to Court. Promptly deliver to the court: (i) a copy of the
declaration; and (ii) the appropriate proposed order, copies, and envelopes,
as specified in LBR 9021-1 and the LOU Procedures.
(4) Response and Request for Hearing Filed. If a timely response and request for
hearing is filed and served, within 21 days from the date of service of the response
and request for hearing the moving party must schedule and give not less than
14 days notice of a hearing to those responding and to the United States trustee.
If movant fails to obtain a hearing date, the court may deny the motion without
prejudice, without further notice or hearing.
LBR 9013-2. BRIEFS AND MEMORANDA OF LAW
(a) Trial Briefs.
(1) Unless otherwise ordered by the court, at least 7 days before trial is scheduled to
commence, each counsel may file and serve a trial brief which may contain:
(A) A concise statement of the facts of the case;
(B) All admissions and stipulations;
(C) A short summary of the points of law involved, citing authorities in support
thereof; and
(D) Any anticipated evidentiary problems.
(2) In appropriate cases, the court may require submission of trial briefs.
(b) Form of Briefs.
(1) Length. A brief must not exceed 35 pages in length, unless otherwise ordered by
the court.
(2) Appendices. Appendices must not include any matters that properly belong in the
body of the brief.
(3) Table of Contents and Table of Authorities. Any brief exceeding 10 pages in
length, excluding exhibits, must be accompanied by an indexed table of contents
setting forth the headings and subheadings contained in the body thereof and by
an indexed table of the cases, statutes, rules, and other authorities cited.
(4) Unpublished Opinions. If a party cites an unpublished judicial opinion, order,

judgment, or other written disposition, the party must file and serve a copy of that
opinion, order, judgment, or disposition with the brief or other paper in which it
is cited.
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LBR 9013-3
(c) Citations.
(1) Acts of Congress. A citation to an Act of Congress must include a parallel citation
to the United States Code by title and section, if codified.
(2) Regulations. A citation to a federal regulation must include a citation to the Code
of Federal Regulations by title and section and the date of promulgation of the
regulation.
(3) Cases.
(A) Federal. The initial citation of a United States Supreme Court case must
be to the United States Reports. A citation to the Federal Reporter, Federal
Supplement, or Federal Rules Decisions must be used where available.
(B) State. The initial citation to a state court decision must include both the
official report and any regional reporter published by West Publishing
Company. California parallel citations may be limited to the official
reports and California Reporter.
(C) Bankruptcy. A bankruptcy case citation must be to West’s Bankruptcy

Reporter, where available.
(D) Unreported Decisions. Where a citation to the above-named reporters is

not available, the party citing the case must provide the court with an
unmarked, complete copy of the decision.
(E) Citation Form. A case citation must include the name and district or circuit
of the issuing court and the year of the decision.
(4) Internal Page Citation. A case citation must include a further citation to the page
where the proposition of law is found.
LBR 9013-3. PROOF OF SERVICE
(a) Form.
(1) Declaration. Proof of service may be made by declaration of the person

accomplishing the service. The declaration must include the following information:
(A) The day and manner of service;
(B) The person and/or entity served;
(C) The method of service employed (e.g., electronic, personal, mail, substituted,
etc.);
(D) Identification of the papers served;
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LBR 9013-3
(E) The exact address (including zip code) at which service was made, or the
email address or facsimile number if service is by electronic means; and
(F) The capacity in which the person or entity was served.
(2) Identification of Persons or Entities Served. The following example is illustrative,

not exhaustive, of the manner in which persons or entities may be identified in a
proof of service required by this rule, if service of a document is required to be
made upon such person or entity:
(A) Service on Non-attorneys
DEBTOR:
Jane Jones
123 Main St.
Any Town, CA 91234
TWENTY LARGEST UNSECURED CREDITORS:

[The full names and addresses must be listed for each person or entity
served in this category. If there are less than 20 unsecured creditors of the
estate, the proof of service must indicate that all unsecured creditors were
served.]
SPECIAL NOTICE LIST:

[The full names and addresses must be listed for each person or entity
served in this category.]
(B) Service on Attorneys
ATTORNEY FOR TRUSTEE:

Harold Smith, Esq.
Smith & Smith
234 First St., Suite 100
Any Town, CA 91234
(b) Electronic versus Non-electronic Service. The proof of service must differentiate between
electronic and non-electronic service by: (1) stating that service will be accomplished
through an NEF for parties and counsel who are registered CM/ECF Users; and (2)
describing the manner by which service was accomplished on any other party or counsel
who is not a CM/ECF User or is a CM/ECF User who has not consented to electronic
service.
(c) Service by Mail. Proof of service by mail may be made by the declaration of the person
mailing or causing the papers to be mailed.
(d) Personal Service. In addition to any other method authorized by law, proof of personal
service may also be shown by declaration in the same manner as for mail that the declarant
has caused the papers to be served by hand or shown by acknowledgment of service by the
123 01/10
LBR 9013-4
person receiving a copy thereof on the original of the copy served. The declarant must be
the attorney for the party, the person in charge of the attorney’s office, or the party
appearing without counsel.
(e) Service by Mail Equivalents. Proof of service by messenger or overnight courier may be
made by the person causing such service.
(f) Service by Fax Machine or Email. Proof of service by fax machine or email may be
made by the person causing the paper to be transmitted. Such proof of service must state
the telephone number or email address to which the paper was transmitted and the method
of confirmation that the transmission was received. A paper exceeding a total of 15 pages
must not be served by fax machine, unless expressly authorized by the party receiving the
transmission or by court order.
(g) Filing. Except for matters being heard on notice shortened under LBR 9075-1, proof of
service must be filed in the clerk’s office no later than 7 days after service and the serving
party must bring a conformed copy to the hearing. If the proof or acknowledgment of
service is attached to the original document, it must be attached as the last page of the
document.
(h) Failure to File. The failure to prepare or file the proof of service required by this rule does
not affect the validity of the service. The court may at any time allow the proof of service
to be amended or supplied unless to do so would be prejudicial to the rights of any party.
LBR 9013-4. NEW TRIAL OR HEARING ON CONTESTED MATTERS
(a) Grounds. The grounds for a motion for a new trial, a new hearing in a contested matter,
or amendment of judgment pursuant to FRBP 9023 or F.R.Civ.P. 59(a) include, but are not
necessarily limited to, the following:
(1) Irregularity in the proceedings of the court, adverse party, or jury;
(2) Any order of the court or abuse of discretion by which the party was prevented from
receiving a fair trial;
(3) Misconduct by the jury;
(4) Accident or surprise that could not have been guarded against by the exercise of
ordinary prudence;
(5) Newly discovered evidence material to the interest of the party making the
application that could not with reasonable diligence have been discovered and
produced at trial;
(6) Excessive or inadequate damages appearing to have been determined under the
influence of passion or prejudice;
(7) Insufficiency of the evidence to justify the verdict or other decision; and
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LBR 9013-4
(8) Errors of law occurring at the trial.
(b) Procedure.
(1) Error of Law. If the ground for the motion is error of law occurring at the trial, the
error or errors relied upon must be stated specifically.
(2) Insufficiency of Evidence. If the ground for the motion is the insufficiency of the
evidence, the motion must specify with particularity wherein the evidence is claimed
to be insufficient.
(3) Newly Discovered Evidence. If the ground for the motion is newly discovered
evidence, the motion must be supported by declarations by the party, or the agent
of the party having personal knowledge of the facts, showing:
(A) When the evidence was first discovered;
(B) Why it could not with reasonable diligence have been produced at trial or
the original hearing on a motion;
(C) What attempts were made to discover and present the evidence at trial or the
original hearing on a motion;
(D) If the evidence is oral testimony, the nature of the testimony and the
willingness of the witness to so testify; and
(E) If the evidence is documentary, the documents or duly authenticated copies

thereof, or satisfactory evidence of their contents where the documents are
not then available.
(c) Hearing. The motion will be determined based upon:
(1) The pleadings and papers on file;
(2) The recorder’s transcript or digital recording; and
(3) Declarations, if the ground is other than error of law or insufficiency of the
evidence and the facts or circumstances relied on do not otherwise appear in the
records of the court.
(d) Declarations – Time for Filing. Declarations in support of a motion for a new trial must
be filed concurrently with the motion unless the court fixes a different time.
(e) Calendaring of Motion. The motion for a new trial must be noticed and heard (if required
by the court) as provided in LBR 9013-1.
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LBR 9015-1
LBR 9015-1. JURY TRIALS
(a) Number of Jurors. If a trial of the proceeding or matter is to be before a jury, the jury
must consist of not less than 6 members. The court may impanel such number of alternate
jurors as it determines desirable.
(b) Instructions.
(1) Proposed jury instructions must be in writing, and must be filed and served at least
7 days before trial is scheduled to begin. Each requested jury instruction must:
(A) Be set forth in full on a separate page;
(B) Embrace only one subject or principle of law; and
(C) Not repeat a principle of law contained in any other request.
(2) The identity of the party requesting the jury instructions must be disclosed on a
cover page only and must not be disclosed on the proposed instructions.
(3) The authority or source of each proposed instruction must be set forth on a separate
page or document and must not be disclosed on the proposed instruction.
(c) Objections to Instructions.
(1) Objections to proposed instructions must be filed and served on or before the first
day of trial unless the court permits oral objections.
(2) Written objections must be numbered and must specify distinctly the objectionable
matter in the proposed instruction. Each objection must be accompanied by citation
of authority.
(3) Where applicable, the objecting party must submit an alternative instruction
covering the subject or principle of law. The alternative instruction must be set
forth on a separate paper. The identity of the requesting party or the authority or
source of the proposed instruction must not be disclosed on the alternative
instruction.
(d) Special Verdicts and Interrogatories.
(1) Any request for a special verdict or a general verdict accompanied by answers to
interrogatories must be filed and served at least 7 days before trial is scheduled to
commence.
(2) Special verdicts and interrogatories must conform to the requirements of

F.R.Civ.P. 49, and must not bear any identification of the party presenting the form.
Identification must be made only on a separate page appended to the front of the
special verdict and interrogatory form.
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LBR 9015-2
LBR 9015-2. DEMAND FOR JURY TRIAL
(a) Right to Trial by Jury.
(1) A party claiming a right to trial by jury must make a demand as specified in
subsection (b) of this rule.
(2) Nothing contained in this rule shall be deemed to create or imply a right to a jury
trial where no such right exists under applicable law.
(b) Demand.
(1) Time and Form of Demand. A party must demand a trial by jury in accordance
with F.R.Civ.P. 38(b).
(2) Statement of Consent. A demand must include a statement that the party does or
does not consent to a jury trial conducted by the bankruptcy court. Within 14 days
of the service of the demand and statement of consent or non-consent, all other
parties must file and serve a statement of consent or non-consent to a jury trial
conducted by the bankruptcy court.
(3) Specification of Issues. In the demand a party may specify the issues which the
party wishes so tried; otherwise the party shall be deemed to have demanded trial
by jury for all the issues so triable. If a party has demanded trial by jury for only
some of the issues, any other party within 14 days after service of the demand or
such lesser time as the court may order may serve a demand for trial by jury of any
other or all of the issues of fact in the action.
(4) Determination by Court. On motion or on its own initiative the court may
determine whether there is a right to trial by jury of the issues for which a jury trial
is demanded or whether a demand for trial by jury in a proceeding on a contested
petition must be granted.
(5) Cover Sheet Insufficient. Any notation on Official Form B104, Adversary
Proceeding Sheet filed under LBR 7003-1 concerning whether a jury trial is, or is
not, demanded does not constitute a demand for jury trial sufficient to comply with
F.R.Civ.P. 38(b) or this rule.
(c) Withdrawal of Demand. A demand for trial by jury made in accordance with this rule
may not be withdrawn without the consent of the parties.
(d) Waiver.
(1) The failure of a party to file and serve a demand in accordance with this rule, and
to file it as required by FRBP 5005, constitutes a waiver of trial by jury.
(2) Notwithstanding the failure of a party to demand a jury when such a demand might
have been made of right, the court on its own initiative may order a trial by jury of
any or all issues.
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LBR 9019-1
(e) Trial by the Court.
(1) Subject to the provisions of subsection (d)(2) of this rule, an issue not demanded for
trial by jury will be tried by the court.
(2) Where a demand for trial by jury has been made in accordance with this rule, the
parties or their attorneys of record, by written stipulation filed with the court or by
an oral stipulation made in open court and entered in the record, may consent to
trial by the court sitting without a jury.
(f) Advisory Jury and Trial by Consent. In all actions not triable of right by jury, the court
on motion or on its own initiative may try any issue with an advisory jury or, except in
actions against the United States when a statute of the United States provides for trial
without a jury, the court, with the consent of both parties, may order a trial with a jury
whose verdict has the same effect as if trial by jury had been a matter of right.
(g) Pretrial Procedure Where Jury Trial Requested. Where a jury is demanded, all pretrial
proceedings, through approval and entry of the pretrial order, will be conducted by the
bankruptcy judge.
(h) Motion for Withdrawal of Reference.
(1) Within 7 days of the entry of the pretrial order, any party may file and serve a
motion to the district court to withdraw reference pursuant to LBR 5011-1.
(2) The failure of any party to file and serve a motion to withdraw reference within the
7-day time period constitutes consent by all parties to the jury trial being presided
over by the bankruptcy judge.
(3) Nothing in this rule precludes an earlier motion to withdraw reference on the
grounds set forth in 28 U.S.C. § 157(d).
LBR 9019-1. SETTLEMENTS
(a) General.
(1) Parties must inform the courtroom deputy immediately by telephone or other
expeditious means when a matter set for hearing has been settled out of court and
that a stipulation will be filed and a proposed order approving the stipulation will
be lodged.
(2) If a written stipulation executed in compliance with LBR 9071-1 resolving all issues
as to all parties is filed at least 2 days before a scheduled hearing and a judge’s
copy is delivered to chambers, no appearance at the hearing will be necessary,
provided that the stipulation is accompanied by a notice and motion to approve
compromise of controversy if required under FRBP 9019.
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LBR 9020-1
(b) Failure to Comply – Sanctions. The failure to comply with the provisions of this rule
may subject counsel to the imposition of sanctions under LBR 9011-3.
LBR 9020-1. ORDER TO SHOW CAUSE RE CONTEMPT
(a) General. Unless otherwise ordered by the court, contempt proceedings are initiated by
filing a motion that conforms with LBR 9013-1 and a proposed order to show cause re
contempt.
(b) Motion. The motion must be served on the responding party which shall have 7 days to
object to the issuance of the order to show cause.
(c) Proposed Order to Show Cause re Contempt.
(1) The proposed order must clearly apprise the party to whom it is to be directed that
such party must show cause, if any there is, why that party should not be held in
contempt for the allegedly contemptuous conduct.
(2) The allegedly contemptuous conduct must be clearly identified in the proposed order
and not just by reference to the content of the motion.
(3) The proposed order must have blank spaces in which the court may fill in the date,
time, and location of the hearing and the dates by which a responsive pleading and
reply thereto are due.
(d) Hearing on Issuance of Order to Show Cause re Contempt.
(1) If no responsive pleadings to the motion for the order to show cause are received
by the court within the time allowed, the court may conclude that there is no
objection to issuance of the order to show cause.
(2) No hearing on the motion for issuance of the order to show cause will be held
unless the court so orders.
(3) If the motion for order to show cause is granted without a hearing, the court will
issue and forward to the moving party the order to show cause setting the date and
time of the contempt hearing.
(e) Service of Order to Show Cause re Contempt.
(1) Unless the court orders otherwise in the order to show cause, the moving party must
serve the issued order to show cause on the respondent not later than 21 days before
the date set for the hearing.
(2) Personal service of the issued order to show cause is required on any entity not
previously subject to the personal jurisdiction of the court.
(3) All other entities may be served either personally or by mail in accordance with
FRBP 7004.
129 01/10
LBR 9021-1
(f) Hearing on Merits of Order to Show Cause re Contempt. At the hearing, the court may
treat as true any uncontroverted facts established by declaration and limit testimony to
controverted facts only.
LBR 9021-1. ORDERS AND JUDGMENTS
(a) General. A proposed order or judgment (collectively, “order”) must be submitted either
in paper form or electronically via LOU in accordance with the LOU Procedures and these
rules. Unless required as a court-mandated form order pursuant to LBR 9009-1 or
otherwise ordered by the court, an order must not contain any attached agreement or other
exhibit. If an order approves a motion which is based in whole or part upon an agreement
or other exhibit, the order must refer to the docket number and/or title of the document in
which the agreement or exhibit is found. Nothing in this rule prevents a prevailing party
from serving a copy of an entered order along with a copy of an agreement or other exhibit
referred to in the order.
(b) Preparation, Lodging, and Signing of Orders.
(1) Form of Proposed Order. A proposed order must be set forth in a separately
captioned document complying with LBRs 9004-1 and 9009-1, and must include the
Notice of Entered Order and Service List prepared in accordance with subsection
(b)(1)(E) of this rule. Except for an order submitted at the hearing, a proposed
order must be accompanied by a proof of service reflecting service of the proposed
order on the parties required by subsection (b)(1)(E) of this rule and as the court
directs.
(A) Who Must Prepare. Unless the court otherwise directs, a proposed order
must be prepared by the attorney for the prevailing party.
(B) When Due if a Hearing was Scheduled. If not presented at the hearing, a
proposed order must be served and lodged with the clerk within 7 days of
the granting thereof. Except as provided in LBR 7056-1(b)(2) and LBR
7016-1(b)(1) or if the presiding judge has posted a tentative ruling
authorizing the submission of a proposed order, a proposed order must not
be lodged prior to the hearing or trial of the underlying matter.
(C) Failure to Lodge Timely Order. If the prevailing party fails to serve and
lodge a proposed order within the allotted time, then any other party present
at the hearing may lodge and serve a proposed order. All other parties shall
have 7 days within which to file and serve an objection in compliance with
subsection (b)(3) of this rule. If no party submits a proposed order, the
court may prepare and enter such order as it deems appropriate, including
an order to show cause why the motion or proceeding should not be
dismissed without prejudice for failure to prosecute.
(D) Copies and Envelopes. Subject to subsection (b)(1)(E) of this rule, LBR
9036-1, and the LOU Procedures, the original proposed order must be
accompanied by: (i) stamped, addressed envelopes for all persons or entities
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LBR 9021-1
who will be served by the court non-electronically under subsection

(b)(1)(E)(i) of this rule, to include only the debtor (and debtor’s attorney, if
any), movant (or movant’s attorney, if any), and all parties (or their
attorneys, if any) who filed an opposition or other objection to the relief
requested; and (ii) the same number of copies of the proposed order to
match the number of envelopes required.
(E) Notice of Entered Order and Service List.
(i) Entered Order Served by the Court. If an entered order is to be

served by the court, the proposed order must be accompanied by
court-mandated Form 9021-1.1, Notice of Entered Order and Service
List, regardless of whether the proposed order is lodged non-
electronically or electronically pursuant to the LOU Procedures.
(ii) Entered Order Served Other than by the Court. If an entered order
is to be served other than by the court, the party responsible for
lodging the proposed order must promptly serve a copy of the
entered order and file a proof of service of the entered order in the
form and manner required by LBR 9013-3.
(2) Order upon Stipulation. Except as provided in LBR 3015-1(r)(3) and LBR
4001-1(b)(2)(B), a proposed order approving a written stipulation must refer to the
title of the stipulation and be contained in a separate document prepared and lodged
upon the filing of the stipulation with the court. A proposed order lodged
electronically must be prepared and uploaded in accordance with the LOU
Procedures.
(3) Proposed Order when Opposition to Motion was Filed.
(A) Service of Proposed Order on Contesting Party. The attorney who has the
duty to prepare any order required by this rule must serve a copy of the
proposed order on counsel, or party if filed without counsel, who filed an
opposition or other objection to the relief requested, either before or on the
same day that the order is lodged with the court and must file a proof of
service with the order. Alternatively, the attorney preparing the order may
present it to opposing counsel for approval as to form before the order is
lodged, in which case opposing counsel must immediately approve or
disapprove the form of order and return it to counsel who prepared it.
Where a proposed order is tendered at the hearing, the order may be lodged
without prior service on the opposition.
(B) Separate Objection to Proposed Order. Opposing counsel may, within 7

days after service of a copy of a proposed order prepared pursuant to this
rule, file and serve an objection to the form of the order, setting forth the
grounds therefor. Opposing counsel must attach as exhibits to the objection
(i) a copy of the order that is the subject of the objection and (ii) a copy of
the proposed alternative form of order. The proposed alternative form of
order so labeled, must be lodged with the objection. A judge’s copy of the
131 01/10
LBR 9021-1
objection and proposed alternative form of order must be served on the

judge in chambers in accordance with LBR 5005-2(d). The failure to file
and serve a timely objection will constitute a waiver of any defects in the
form of the order.
(C) Endorsement of Counsel. Unless the court otherwise directs, a proposed

order will not be signed by the judge unless (i) opposing counsel has
endorsed thereon an approval as to form; (ii) opposing counsel has stipulated
thereto on the record at the hearing, or (iii) the time for objection to a form
of order properly served has expired under subsection (b)(3)(B) of this rule.
If it finds the ends of justice so requires, the court may conduct a hearing on
the proper form of the order or decide any objection thereto without a
hearing.
(4) Proposed Orders on Unopposed Motions . Notwithstanding subsection (b)(3) of this

rule, if no opposition was filed or made by a party or counsel at the hearing, no
service of the proposed order is required prior to lodging of the proposed order, and
the non-opposing party will be deemed to have waived any objection to the form
of the order. The court may sign a proposed order on an unopposed motion at the
hearing or immediately upon its lodging with the clerk without waiting for the
objection period of subsection (b)(3)(B) of this rule to expire.
(5) Signing of Orders for Absent Judges. Except as otherwise provided by

F.R.Civ.P. 63, application for any order on a case or proceeding must be made to
the judge to whom the case is assigned. If the judge to whom the case or
proceeding is assigned is not available and there is an emergency necessitating an
order, the judge’s courtroom deputy must be consulted to determine whether a judge
of this court has been designated to handle matters in the absence of the assigned
judge. If a designation has been made, the application must be presented to the
designated judge. If no designation has been made, then the matter must be
presented to the duty judge, if any, or in his or her absence, to any other judge in
accordance with normal divisional practices. If no emergency exists, the application
will be held by the assigned judge’s courtroom deputy until the assigned judge is
available. Any judge may sign an order for another judge.
(6) Obtaining Certified Copies of Order. Payment for a certified copy of an order must
be made to the cashier in the clerk’s office. No checks will be accepted in the
courtroom or by courtroom deputies. If a certified copy of a stipulated or default
order is desired, the order may either be presented in the courtroom together with
a clerk’s receipt showing prepayment of the certification fee, or the certified copy
may be requested from the clerk’s office after the order has been signed and
entered.
(c) Entry of Orders.
(1) Timing of Taxation of Costs. Entry of an order must not be delayed pending
taxation of costs to be included therein pursuant to LBR 7054-1. A blank space
must be left in the form of an order for insertion of costs by the clerk after they
have been taxed.
132 01/10
LBR 9021-1
(2) Calculation of Interest. If interest is accruing or will accrue on any order, the party
preparing the proposed form of order must indicate by memorandum attached
thereto the applicable interest rate as computed under 28 U.S.C. § 1961(a) or 26
U.S.C. § 6621 and the amount of interest to be added for each day the document
remains unsigned.
(3) By Stipulation with Entry of Order. The court may withhold entry of an order to
permit the parties to submit, either separately or jointly by stipulation, the
computation of the amount of money to be awarded in accordance with the court’s
determination of the issues.
(4) Contested Computation. If the parties do not stipulate to a computation as provided

in this rule, any party may file and serve a computation claimed to be in accordance
with the determination of the issues by the court. Within 7 days of service of the
computation, an opposing party may file and serve an objection accompanied by an
alternate computation. If no objection is filed within 7 days, the order may be
entered in accordance with the original computation submitted.
(5) Hearing on Contested Computation. If it finds the ends of justice so require, the
court may place the matter on calendar for hearing provided there is at least 7 days
notice to the parties. After hearing, the court will determine the correct amount on
which the order will be entered. The hearing will be limited to a determination of
the correct amount to be entered in the order and shall not constitute an opportunity
for rehearing or reconsideration of the determination of other issues previously ruled
on by the court.
(6) Effect of Stipulation to Amount of Costs. A stipulation by the parties to the amount
to be entered pursuant to the determination of the issues by the court will not be
deemed to be a waiver of any rights of the parties to appeal or otherwise challenge
the determination of such issues by the court.
(7) Delegation of Authority to Sign Designated Orders. The court may delegate
authority to the clerk to:
(A) Sign specified form orders involving ministerial matters; and
(B) Facsimile stamp specified orders consistent with oral rulings by the court.
(d) Duty of Clerk as to an Order Directing an Action by an Official of the United States.
When an order is entered by the court directing any officer of the United States to perform
any act, unless such officer is present in court when the order is made, the clerk must
forthwith transmit a copy of the order to the officer ordered to perform the act.
(e) Amended or Corrected Orders.
(1) If an error or omission in the form of an entered or lodged order is discovered, a

party in interest may request amendment or correction of the order by filing and
serving a motion under LBR 9013-1(a) or LBR 9013-1(o).
133 01/10
LBR 9027-1
(2) The motion must set forth specifically the changes requested in the form of the
order and reasons such changes are necessary and appropriate. A copy of the
proposed amended order must be attached as an exhibit to the motion when filed
and served.
(3) The amended order must state in its caption the date of entry of the original order
and, if applicable, the date, time, and place of the original hearing.
(4) If the motion is filed and served pursuant to LBR 9013-1(o), the proposed amended
order itself must be lodged at the same time as the required declaration establishing
that no timely objection was served.
LBR 9027-1. REMOVAL AND REMAND
(a) Notice of Removal. A notice of removal must be filed with the clerk of the bankruptcy
court.
(b) Status Conference.
(1) Upon the filing of a notice of removal pursuant to FRBP 9027, the clerk will issue
a notice of status conference before the judge to whom the case or proceeding has
been assigned.
(2) The status conference will be set not later than 45 days after the date that the notice
of status conference is mailed, unless otherwise ordered by the court.
(3) Within 7 days of receipt, the removing party must serve the notice of status
conference on all other parties to the removed action, including any trustee
appointed in the case.
(c) Remand. A motion for remand must be filed with the clerk of the bankruptcy court not
later than 30 days after the date of filing of the notice of removal.
(d) Filing of Pleadings.
(1) Unless otherwise ordered by the court, the party filing the notice of removal must
file with the clerk, in chronological order, copies of all process, papers, minute
entries, orders, and other documents filed in the litigation prior to removal, together
with a copy of the docket of the removed action from the court where the removed
litigation was pending.
(2) All such documents must be filed not later than:
(A) 30 days after the date of filing of the notice of removal; or
(B) if a motion to remand is filed prior to expiration of such 30-day period, 14

days after entry of an order denying such motion to remand.
134 01/10
LBR 9070-1
(e) Demand for Jury Trial. Within 14 days after service of the notice of removal, a party
must comply with LBR 9015-2 to preserve any right to a trial by jury.
LBR 9036-1. NOTICE AND SERVICE BY ELECTRONIC TRANSMISSION
(a) Service By Electronic Means.
(1) Upon the addition of any document or item to a CM/ECF docket, whether
electronically or non-electronically, an NEF is automatically generated by CM/ECF
and sent electronically to all persons or entities that are CM/ECF Users and have
consented to electronic service. Regardless of whether it is the duty of the court or
of another person or entity to provide notice or service, service of the NEF
constitutes notice and service pursuant to the F.R.Civ.P., FRBP, and these rules for
all persons and entities that have consented to electronic service.
(2) A person or entity that is entitled to service of a document, but is not a CM/ECF
User or is a CM/ECF User who has not consented to electronic service, must be
served as otherwise provided by the F.R.Civ.P., FRBP, and these rules.
(b) Exceptions. Electronic transmission of an NEF does not constitute service or notice of the
following documents that must be served non-electronically:
(1) Service of a summons and complaint under FRBP 7004;
(2) Service of a subpoena under FRBP 9016;
(3) Service of a summons and petition under FRBP 1010;
(4) Service upon the United States trustee of papers listed as exceptions under LBR
2002-2(a)(3); and
(5) Where conventional service is otherwise required under the F.R.Civ.P., FRBP,
LBRs, or by court order.
LBR 9070-1. EXHIBITS
(a) Trial Exhibits.
(1) Identification. Unless otherwise ordered by the court, all exhibits to be offered into
evidence at trial of an adversary proceeding or contested matter must be numbered
and marked for identification with tags available from the clerk’s office.
(2) Numbering. Whenever feasible, exhibits of plaintiffs or movants must be marked

with numbers, and exhibits of defendants or respondents must be marked with
letters.
(3) Exhibit Register. The parties presenting exhibits must tag the exhibits and prepare
an exhibit register on the form available from the clerk’s office prior to trial.
135 01/10
LBR 9071-1
(4) Lodging Exhibits. Unless otherwise ordered by the court, the tagged exhibits and
completed exhibit register must be delivered in the courtroom to the courtroom
deputy or court recorder prior to the beginning of trial.
(5) Copies. Each party must bring sufficient copies of each exhibit for all counsel, the
witness, and the judge.
(b) Retention and Disposition of Trial Exhibits.
(1) All models, diagrams, documents, or other exhibits lodged with the clerk that are
admitted into evidence or marked at trial will be retained by the clerk until
expiration of the time for appeal without any appeal having been taken, entry of a
stipulation waiving or abandoning the right to appeal, final disposition of any
appeal, or order of the court, whichever occurs first.
(2) If any exhibit is not withdrawn from the clerk’s office within 30 days after the
person or persons to whom it belongs are given written notice to claim it, the clerk
may destroy the exhibit or otherwise dispose of it as the court may approve.
LBR 9071-1. STIPULATION
(a) General.
(1) Oral Stipulation. An oral stipulation will be enforceable by the court if made and
approved in open court.
(2) Written Stipulation. A written stipulation entered into pursuant to these rules must
be filed with the court, but will not be effective until a separate order thereon is
entered.
(3) Order on Stipulation. An order on a stipulation must be prepared and lodged in

accordance with LBR 9021-1(b)(2).
(b) Stipulation Requiring Notice under FRBP 4001(d) or 9019.
(1) Unless otherwise ordered by the court, the notice requirement of FRBP 4001(d) or
FRBP 9019 may be satisfied by either serving the motion on each of the entities
specified in the applicable rule when it is filed or by serving on such entities a
motion for approval of the proposed settlement stipulation pursuant to LBR
9013-1(o).
(2) A stipulation requiring notice under either FRBP 4001(d) or FRBP 9019 requires
approval by the court.
136 01/10
LBR 9075-1
LBR 9074-1. TELEPHONIC APPEARANCES AT COURT HEARINGS
A party who wishes to appear telephonically at a court hearing must consult the court’s web
site to determine whether a telephonic appearance on a particular matter is permissible and
to obtain the judge’s procedure for telephonic appearances.
LBR 9075-1. EMERGENCY MOTIONS AND APPLICATIONS FOR ORDERS

SHORTENING TIME
(a) Emergency Motion.
(1) Scope of Rule. An emergency motion requiring an order on less than 48 hours
notice must be obtained in accordance with this rule.
(2) Obtaining Hearing Date and Time. Unless otherwise ordered by the court, a hearing
date and time may be obtained by telephoning the chambers of the judge to whom
the case is assigned or such member of the judge’s staff as may be designated to
schedule hearings on emergency motions. The identity of the designated member
of the judge’s staff is available from the clerk’s office and posted on the court’s
website. Prior to telephoning chambers, the court’s website should be consulted to
determine whether the judge has additional procedures or instructions for obtaining
a hearing on an emergency motion.
(3) Contents of Moving Papers. The motion must: (A) state the relief requested, (B)
comply with any other applicable provisions of these rules regarding the relief
requested, and (C) be accompanied by the declaration of one or more competent
witnesses under penalty of perjury that (i) justifies the setting of a hearing on an
emergency basis and (ii) supports the granting of the motion itself on the merits.
A separate motion for an expedited hearing is not required under this rule.
(4) Telephonic Notice. Unless otherwise ordered by the court, immediately upon
obtaining a hearing date and time, movant must give telephonic notice of the
emergency hearing and the substance of the motion to the parties to whom notice
of the motion is required to be given under the FRBP and these rules, the United
States trustee, and any other party that is likely to be adversely affected by the
granting of the motion. Movant must also advise the parties by telephone whether
the moving papers will be served by e-mail, fax, or personal service.
(5) Service of Moving Papers. Unless otherwise ordered by the court, movant must
serve the moving papers by e-mail, fax, or personal service on the parties set forth
in subsection (a)(4) not later than the time the moving papers are filed with the
court.
(6) Filing of Moving Papers. Unless otherwise ordered by the court, the moving papers
must be filed not later than 2 hours before the time set for the hearing and a judge’s
copy served on the judge in chambers in accordance with LBR 5005-2(d).
137 01/10
LBR 9075-1
(7) Response to Moving Papers. Any response, written or oral, to the moving papers
may be presented at the time of the hearing on the motion.
(8) Proof of Notice to be Presented at the Hearing. At the time of the hearing, movant
must present to the court and file (A) a declaration of the efforts made to give
telephonic notice of the hearing and substance of the emergency motion to the
parties set forth in subsection (a)(4) and (B) a proof of service of the moving
papers.
(b) Application for Order Shortening Time.
(1) Scope of Rule. A party may request that a non-emergency motion be heard on
notice shorter than would otherwise be required by these rules. Such a request must
be made by written application consistent with court-approved form F 9075-1.1,
Application for Order Shortening Time (“application”). The application may be
granted for good cause shown in accordance with this rule.
(2) Contents of Application. Unless otherwise ordered by the court, the application
must:
(A) Describe the nature of the relief requested in the underlying motion, identify
the parties affected by the relief requested in the motion, and state the
reasons necessitating a hearing on shortened time; and
(B) Be supported by the declaration of one or more competent witnesses under

penalty of perjury that justifies the setting of a hearing on shortened time
and establishes a prima facie basis for the granting of the underlying motion.
(3) Filing of Application. An application must be filed with the clerk concurrently with
the moving papers that are to be heard on shortened notice.
(4) Service of Application. Unless otherwise ordered by the court, movant must serve
the application and the moving papers on each of the parties to whom notice of the
underlying motion is required to be given under the FRBP and these rules, the
United States trustee, and any other party that is likely to be adversely affected by
the granting of the underlying motion. A separate notice of the application is not
required.
(5) Proposed Order Shortening Time. At the time the application and underlying
motion are filed, movant must lodge a separate proposed order consistent with
court-approved form F 9075-1.2, Order Setting Hearing on Shortened Notice that
(A) identifies the parties to whom notice is proposed to be given; (B) states the
nature and timing of the proposed shortened notice, which must not be less than 48
hours; (C) states the means of service, i.e., telephone, fax, e-mail, personal service,
or as ordered by the court; and (D) contains appropriate blanks for the court to
insert the date and time of the hearing and the date for filing and serving the
opposition papers.
138 01/10
LBR 9075-1
(6) Court Ruling on Application. The application will be determined ex parte by the
court on the basis of the papers submitted with the application, subject to the right
of any party to object to the adequacy of notice pursuant to subsection (c) of this
rule. The court will promptly notify the movant of its decision on the application
and, if granted, the date and time set for the hearing.
(7) Notice of Hearing.
(A) If the application is granted, movant must serve the order setting the hearing
on shortened notice on each of the parties to whom notice of the underlying
motion is required to be served by the FRBP and these rules, the United
States trustee, any other party that is likely to be adversely affected by the
granting of the underlying motion, and as otherwise ordered by the court.
Notice must be given by telephone, fax, e-mail, personal service, or as
(B) If the application is denied, movant may, unless otherwise ordered by the
court, set the underlying motion for hearing on regular notice and serve
notice of the hearing in accordance with LBR 9013-1.
(8) Proof of Service. Proof of service of all required documents must be filed at least
2 days before the hearing, unless otherwise ordered by the court.
(c) Objection to Timing of Hearing. At the hearing on the motion, any party may object to
the adequacy of the notice provided and seek a continuance for good cause shown.
139 01/10
Appendix I
APPENDIX I
LOCAL BANKRUPTCY RULES FORMS LIST
FORM FORM TITLE

NUMBER
F 1002-1.2. Motion for Protective Order Pursuant to 11 U.S.C. § 107(c) and FRBP
MOTION 9037 to Restrict Access to Filed Documents Containing Personal Data
Identifiers (Optional)
F 1002-1.2. Order on Motion for Protective Order Pursuant to 11 U.S.C. § 107(c) and
ORDER FRBP 9037 to Restrict Access to Filed Documents Containing Personal
Data Identifiers (Optional)
F 1010-1 Summons and Notice of Status Conference in an Involuntary Bankruptcy
Case (Mandatory)
F 1015-2.1 Statement of Related Cases (Mandatory)
F 1017-1.1 Debtor’s Motion to Convert Case Under 11 U.S.C. §§ 706(a), 1112(a)
(Mandatory)
F 1017-1.2 Order on Debtor’s Motion to Convert Case Under 11 U.S.C. §§ 706(a),
1112(a) (Mandatory)
F 1017-1.3 Notice of Debtor’s Motion to Convert Case Under 11 U.S.C. § 706(a)
(Mandatory)
F 1017-1.4 Debtor’s Notice of Conversion Under 11 U.S.C. §§ 1208(a) or 1307(a)
(Mandatory)
F 2014-1 Statement of Disinterestedness for Employment of Professional Person
Under F.R.B.P. 2014 (File with Application for Employment) (Optional)
F 2016-1.1 Notice of Hearing on Application for Payment of Interim or Final Fees
and/or Expenses Under 11 U.S.C. § 331 or 330 (Optional)
F 2016-1.2 Application for Payment of: Interim Fees and/or Expenses (11 U.S.C.
§ 331); Final Fees and/or Expenses (11 U.S.C. § 330) (Optional)
F 2016-1.3 Order on Application for Payment of: Interim Fees and/or Expenses
(11 U.S.C. § 331); Final Fees and/or Expenses (11 U.S.C. § 330) (Optional)
1 06/10
Appendix I
FORM FORM TITLE

NUMBER
F 2016-2.1 Trustee’s Notice of Motion and Motion Under Local Bankruptcy Rule
2016-2 For: Authorization to Employ Paraprofessionals, and/or
Authorization to Pay Flat Fee To Tax Preparer; Notice of Opportunity to
Request Hearing; Declaration of Trustee; and Declaration of
Paraprofessional (Optional)
F 2016-2.1A Order on Trustee’s Motion Under Local Bankruptcy Rule 2016-2 For
Authorization to Employ Paraprofessionals and/or Authorization to Pay Flat
Fee to Tax Preparer (Optional)
F 2016-2.2 Notice of Motion and Motion No. Under Local Bankruptcy Rule
2016-2 for Approval of Cash Disbursements by the Trustee; Opportunity to
Request Hearing; and Declaration of Trustee (Optional)
F 2016-2.2A Order on Trustee’s Motion No. ______ Under Local Bankruptcy Rule
2016-2 For Approval of Case Disbursements by the Trustee (Optional)
F 2085-1.1. Summons and Notice of Hearing on Petition Pursuant to 11 U.S.C.
SUMMONS Chapter 15 for Recognition of a Foreign Nonmain Proceeding
F 2090-1.1 Declaration Re: Limited Scope of Appearance Pursuant to Local Bankruptcy
Rule 2090-1 (Optional)
F 2090-1.2. Application of Non-Resident Attorney to Appear in a Specific Case [Local
APPLICATION Bankruptcy Rule 2090-1(b)] (Optional)
F 2090-1.3 Order on Application of Non-Resident Attorney to Appear in a Specific
Case [Local Bankruptcy Rule 2090-1(b)] (Optional)
F 2090-1.4 Substitution of Attorney (Optional)
F 3001.1 Request for Issuance of Notice of Transfer of Claim Under F.R.B.P. 3001(e)
(Optional)
F 3001.2 Notice of Transfer of Claim Pursuant to F.R.B.P. 3001(e) (Optional)
F 3007-1.1 Order on Objection to Claims (Optional)
F 3007-1.2 Notice of Trustee’s/Debtor-in-Possession’s Request for a Copy of Proof of
Claim (Optional)
F 3007-1.3 Notice of Objection to Claim (Mandatory)
F 3011-1 Motion for Order Releasing Unclaimed Funds (Optional)
F 3015-1.1 Chapter 13 Plan (Mandatory)
2 06/10
Appendix I
FORM FORM TITLE

NUMBER
F 3015-1.1. Addendum to Chapter 13 Plan Concerning Debtors Who are Repaying Debt
ADDENDUM Secured by a Mortgage on Real Property or a Lien on Personal Property the
Debtor Occupies as the Debtor’s Principal Residence (Optional)
F 3015-1.2 Notice of Section 341(a) Meeting and Hearing on Confirmation of Chapter
13 Plan with Copy of Chapter 13 Plan (Mandatory)
F 3015.1.4 Declaration Setting Forth Postpetition, Preconfirmation Deed of Trust
Payments [Local Bankruptcy Rules 3015-1(m)] (Mandatory)
F 3015-1.5 Notice of Motion Under Local Bankruptcy Rule 3015-1(n) and (w) to
Modify Plan or Suspend Plan Payments (Mandatory)
F 3015-1.6 Motion Under Local Bankruptcy Rules 3015-1(n) and (w) to Modify Plan
or Suspend Plan Payments (Mandatory)
F 3015-1.7 Rights and Responsibilities Agreement Between Chapter 13 Debtors and
Their Attorneys (Mandatory)
F 3015-1.8 Declaration RE Payment of Domestic Support Obligations (Preconfirmation)
(Mandatory)
F 3015-1.9 Declaration RE Tax Returns (Preconfirmation) (Mandatory)
F 3015-1.10 Declaration Setting Forth Postpetiton, Preconfirmation Payments on: 1.
Leases of Personal Property; 2. Purchase Money Security Liens in Personal
Property (Mandatory)
F 3015-1.11 Trustee’s Comments on or Objection to Application for Supplemental Fees
F 3015-1.12 Order on Application for Supplemental Fees
F 3015-1.13 Trustee’s Comments on or Objection To:
F 3015-1.14 Order On:
F 3015-1.15 Debtor’s Motion for Authority to Refinance Real Property Under LBR
3015-1(p) (Mandatory)
F 3015-1.16 Debtor’s Motion for Authority to Sell Real Property Under LBR 3015-1(p)
(Mandatory)
F 3015-1.17 Debtor’s Motion for Authority to Incur Debt (Personal Property)
(Mandatory)
F 3015-1.18 Debtor’s Request for Voluntary Dismissal of Chapter 13 Case (Mandatory)
3 06/10
Appendix I
FORM FORM TITLE

NUMBER
F 3015-1.20 Declarations of Current/Post-Petition Income and Expenses (Mandatory)
F 3017-1 Chapter 11 Disclosure Statement
F 3018-1 Chapter 11 Plan
F 3018-2 Plan Ballot Summary (Optional)
F 4001-1.DEC Declaration of RE: Default Under
Adequate Protection Order; Request for Entry of Order Granting Relief
From Stay (Mandatory)
F 4001-1M. Notice of Motion and Motion for (A) Relief From the Automatic Stay Under
CUST 11 U.S.C. § 362 (Real Property),and (B) Relief from Turnover Under
11 U.S.C. § 543 by Prepetition Receiver or Other Custodian (with
supporting declarations) (Mandatory)
F 4001-1M.ER Extraordinary Relief Attachment (Optional to the Judge)
F 4001-1M.IS Notice of Motion in Individual Case for Order Imposing a Stay or
Continuing the Automatic Stay as the Court Deems Appropriate
(Mandatory)
F 4001-1M.NA Notice of Motion and Motion for Relief From the Automatic Stay Under
11 U.S.C. § 362 (with supporting declarations) (Action in Non-Bankruptcy
Forum) (Mandatory)
F 4001-1M.PP Notice of Motion and Motion for Relief From the Automatic Stay Under
11 U.S.C. § 362 (with supporting declarations) (Personal Property)
(Mandatory)
F 4001-1M.RP Notice of Motion and Motion for Relief From the Automatic Stay Under
11 U.S.C. § 362 (with supporting declarations) (Real Property) (Mandatory)
F 4001-1M.TCS Trustee’s Notice of Motion and Motion for Order Continuing the Automatic
Stay Under 11 U.S.C. § 362(h)(2), for Adequate Protection and for Delivery
of Personal Property in Individual Case (with supporting declarations)
(Mandatory)
F 4001-1M.TS Notion of Motion and Motion in Individual Case for Order Confirming
Termination of Stay Under 11 U.S.C. § 362(j) or that No Stay is in Effect
Under 11 U.S.C. § 362(c)(4)(A)(ii) (with supporting declarations)
(Mandatory)
4 06/10
Appendix I
FORM FORM TITLE

NUMBER
F 4001-1M.UD Notice of Motion and Motion for Relief From the Automatic Stay or for
Order Confirming that the Automatic Stay Does Not Apply Under 11 U.S.C.
§ 362(l) (with supporting declarations) (Mandatory)
F 4001-1M.13 Declaration of Agent for Standing Trustee (Chapter 12 and 13 cases only;
Attach to Relief From Stay Motion) (Mandatory)
F 4001-1M.RES Response to Motion for Order to Terminate, Annul, Modify, or Condition
the Automatic Stay Under 11 U.S.C. § 362 and Declaration(s) in Support
(Optional)
F 4001-1O.CUST Order Granting Motion for (1) Relief From the Automatic Stay Under
11 U.S.C. § 362, and (2) Relief from Turnover Under 11 U.S.C. § 543 by
Prepetition Receiver or Other Custodian (Mandatory)
F 4001-1O.DENY Order Denying Motion for Relief From the Automatic Stay Under 11 U.S.C.
§ 362 (Mandatory)
F 4001-1O.ER Extraordinary Relief Attachment (Optional to the Judge)
F 4001-1O.NA Order Granting Motion for Relief From the Automatic Stay Under 11 U.S.C.
§ 362 (Action in Non-Bankruptcy Forum) (Mandatory)
F 4001-1O.PP Order Granting Motion for Relief From the Automatic Stay Under 11 U.S.C.
§ 362 (Personal Property) (Mandatory)
F 4001-1O.RP Order Granting Motion for Relief From the Automatic Stay Under 11 U.S.C.
§ 362 (Real Property) (Mandatory)
F 4001-1-1O.TCS Order Granting Trustee’s Motion for Order Continuing the Automatic Stay,
for Adequate Protection and for Delivery of Personal Property in Individual
Case (Mandatory)
F 4001-1O.IS Order Granting Motion for Order Imposing a Stay or Continuing the
Automatic Stay (Mandatory)
F 4001-1O.UD Order Granting Motion for Relief From Stay Under 11 U.S.C. § 362
(Unlawful Detainer) (Mandatory)
F 4001-1.2 Debtor’s Further Certification of Cure of Monetary Default Underlying
Judgment for Possession of Residential Property and Proof of Deposit
(11 U.S.C. § 362(l)(2)) (Optional)
5 06/10
Appendix I
FORM FORM TITLE

NUMBER
F 4001-1.3 Lessor’s Objection to Debtor’s Certification and/or Debtor’s Further
Certification Concerning Residential Property and Notice of Hearing
(11 U.S.C. § 362(l)(3)(A)) (Optional)
F 4001-1.4 Lessor’s Certification of (1) Prepetition Eviction Action Seeking Possession
of Residential Property Based on Debtor’s Prepetiton Endangerment of
Property or Illegal Use of a Controlled Substance, or (2) Endangerment of
the Property or Illegal Use of a Controlled Substance within the Last 30
Days (11 U.S.C. § 362(b)(23)) (Optional)
F 4001-1.5 Debtor’s Objection to Lessor’s Certification and Notice of Hearing
(11 U.S.C. § 362(m)(2)(A) and (B)) (Optional)
F 4001-2 Statement Pursuant to Local Bankruptcy Rule 4001-2 (Cash Collateral
Stipulations) (Optional)
F 4008-1.1 Replaced by national Form 240A Reaffirmation Agreement (Mandatory)
F 4008-1.2 Notice of Hearing Re: Reaffirmation Agreement (Mandatory)
F 4008-1.3 Order Disapproving Reaffirmation Agreement with Notice of Entry
(Mandatory)
F 4008-1.4 Order Approving Reaffirmation Agreement with Notice of Entry
(Mandatory)
F 5010-1.1M Debtor’s Motion to Reopen Case and For Extension of Time to File Debtor’s
Certification of Completion of Postpetition Instructional Course Concerning
Personal Financial Management (Mandatory)
F 5010-1.1O Order on Debtor’s Motion to Reopen Case and For Extension of Time to
File Debtor’s Certification of Completion of Postpetition Instructional
Course Concerning Personal Financial Management (Mandatory)
F 5075-1.1 Declaration to be Filed with Motion Establishing Administrative Procedures
RE 28 U.S.C. § 156(c) (Mandatory)
F 6004-2 Notice of Sale of Estate Property
F 7004-1 Summons and Notice of Status Conference (Mandatory)
F 7016-1.1 Joint Status Report - Local Bankruptcy Rule 7016-1(a)(2) (Optional)
F 7016-1.1a Joint Status Report - Additional Party Attachment (Optional)
6 06/10
Appendix I
FORM FORM TITLE

NUMBER
F 7016-1.2 Status Conference and Scheduling Order Pursuant to Local Bankruptcy
Rule 7016-1(a)(4) (Optional)
F 7026-2.1 Request for Disclosure of Discover of Documents Under Local Bankruptcy
Rule 7026-2(d) (Optional)
F 7055-1.1 Request for Entry of Default Under Local Bankruptcy Rule 7055-1
(Optional)
F 7055-1.2 Motion for Default Judgment Under Local Bankruptcy Rule 7055-1
(Optional)
F 9013-1.1 Notice of Motion For (Mandatory)
F 9013-1.2 Notice of Motion Under Local Bankruptcy Rule 9013-1(o) for:
(Optional)
F 9013-1.3 Notice of Opposition and Request for a Hearing (Optional)
F 9013-1.4 Notice of Non-Opposition (Optional)
F 9013-1.5 Notice of Motion and Motion to Avoid Lien Under 11 U.S.C. § 522(f) (Real
Property) (Optional)
F 9013-1.6 Order on Motion to Avoid Lien Under 11 U.S.C. § 522(f) (Real Property)
(Optional)
F 9013-1.7 Notice of Motion and Motion to Avoid Lien Under 11 U.S.C. § 522(f)
(Personal Property) (Optional)
F 9013-1.8 Order on Motion to Avoid Lien Under 11 U.S.C. § 522(f)
(Personal Property) (Optional)
F 9013-1.9 Declaration Re: Entry of Order Without Hearing Pursuant to Local
Bankruptcy Rule 9013-1(o) (Optional)
F 9013-3.1 Proof Of Service of Document (Mandatory)
F 9021-1.1 Notice of Entered Order and Service List (Mandatory)
F 9021-1.4 Default Judgment (Without Prior Judgment) (Optional)
F 9021-1.5 Default Judgment (Based on Prior Judgment) (Optional)
F 9075-1 Order Shortening Time [Local Bankruptcy Rule 9075-1(b)](Optional)
7 06/10
Appendix II
APPENDIX II
ATTORNEY DISCIPLINE PROCEDURES IN BANKRUPTCY COURT

(Second Amended General Order No. 96-05)
(a) APPLICABILITY
This general order establishes a process for court wide discipline of attorneys in the
bankruptcy court.
These procedures shall apply when any judge of this court wishes to challenge the right of
an attorney to practice before this court or recommends the imposition of attorney discipline
intended to apply in all bankruptcy cases in this court.
Nothing in this general order is intended to limit or restrict the authority of any judge to
impose sanctions on any attorney in any case or cases assigned to that judge.
(1) Initiation of Disciplinary Proceedings. If a bankruptcy judge wishes to initiate

disciplinary proceedings under this general order, the judge shall prepare and file
with the Clerk of Court a written Statement of Cause setting forth the judge’s basis
for recommending discipline and a description of the discipline the referring judge
believes is appropriate.
The clerk shall open a case file, assign a miscellaneous case number, initiate a docket
for the file, select three bankruptcy judges of this district at random (excluding the
judge who filed the Statement of Cause) to serve on the Hearing Panel (the “Panel”)
which will determine whether the attorney shall be disciplined and, if so, the type
and extent of discipline. The most senior judge assigned to the Panel shall be the
Presiding Judge. The clerk shall prepare a Designation of Hearing Panel and
Presiding Judge which shall include a signature line for each of the designated
judges. The signature of each judge shall certify his or her acceptance of assignment
to the Panel. Should any judge decline to serve, the clerk shall select another judge
to serve on the Panel, give written notice thereof to the other judges on the Panel and
issue a Supplemental Designation of Hearing Panel, which shall contain a signature
line for the newly appointed judge to accept the assignment.
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Once the clerk has obtained the acceptance of three judges to serve on the Panel, the
clerk shall prepare a Notice of Assignment of Hearing Panel, which the clerk will
serve on the attorney named in the Statement of Cause (“the attorney”) and on the
local Office of the United States Trustee, along with a copy of the Statement of
Cause and a copy of this general order. The attorney may file a motion for recusal
as to any of the judges assigned to the Panel within 14 days of the service of the
Notice of the Assignment of Hearing Panel and serve the motion on the Office of the
United States Trustee. That motion may be heard by any judge other than the
referring judge, any judge assigned to the Panel, or any judge who has declined to
serve on the Panel. The assignment of the recusal motion to a judge shall be made
at random by the clerk, who shall give notice of the recusal hearing to the attorney
and to the Office of the United States Trustee at least 14 days before the hearing date.
Once the period for bringing a recusal motion has terminated, or after disposition of
any recusal motion, the Presiding Judge shall advise the clerk of the date, time, and
place for the Disciplinary Hearing, whereupon the clerk shall prepare a Notice of
Disciplinary Hearing and mail the notice to the attorney and to the Office of the
United States Trustee at least 21 days before the hearing date.
(2) Hearing Procedures. The attorney may appear at the Disciplinary Hearing with legal
counsel and may present evidence:
(A) Refuting the statements contained in the Statement of Cause,
(B) Mitigating the discipline (i.e., that notwithstanding the validity of the
statements in the Statement of Cause the attorney should not be disciplined),
and
(C) Bearing on the type and extent of disciplinary action appropriate under the
circumstances.
The Federal Rules of Evidence shall apply to the presentation of evidence at the
Disciplinary Hearing, and an official record of the proceedings shall be maintained
as through the Disciplinary Hearing were a contested matter as that term is defined
in the Federal Rules of Bankruptcy Procedure. The United States Trustee for the
district may appear at the hearing in person or by counsel and may participate in the
presentation of evidence as though she or he were a party to the proceeding. If the
United States Trustee wishes to appear at the hearing, she or he must file a Notice
of Intent to Appear, setting forth the purposes for the appearance, and serve that
notice on the attorney at least 14 days before the hearing. The Panel may disregard
written statements or declarations of innocence or in mitigation of the attorney’s
conduct unless they are filed with the court with copies delivered promptly thereafter
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to the chambers of each member of the Panel at least 7 days prior to the hearing.
Written statements presented to the Panel for consideration as evidence may be
disregarded by the Panel if the declarant is unavailable at the hearing for cross-
examination and for examination by the Panel.
(3) Ruling. At the conclusion of the Disciplinary Hearing, the judges of the Panel will
adjourn to a private session to consider the matter. The ruling of the Panel will be
made by majority vote of the judges on the Panel. The Presiding Judge will assign
to a judge in the majority the task of drafting the Panel’s Memorandum of Decision
setting forth the majority’s decision and its reasons. Any member of the Panel may
issue a concurring or dissenting opinion which will be made a part of the
Memorandum of Decision.
If the Panel imposes discipline on an attorney, the Presiding Judge shall issue a
Discipline Order based on the Panel’s Memorandum of Decision. That order may
provide for any appropriate discipline, including but not limited to revocation or
suspension of the right to practice before all the judges of this court. The Discipline
Order will become final 14 days after entry or, if a motion for rehearing is filed, 14
days after entry of an order denying the attorney’s motion for rehearing. The same
rule as to finality will apply to a new or revised Discipline Order, if one is issued by
the Panel after rehearing.
The Discipline Order shall be sent by the clerk to the Clerk of the District Court.
Should the Panel so order, a Discipline Order also may be transmitted by the clerk
to the State Bar of California or published in designated periodicals, or both.
If an attorney’s practice privileges have been revoked, modified, or suspended by

final order of a Panel, the attorney may not appear before any of the judges of this
court representing any other persons or entities except in compliance with the terms
of the Discipline Order.
(4) Reinstatement. An attorney whose privileges have been revoked, modified, or

suspended under this general order may apply to the Chief Judge of this court for
reinstatement of privileges on the following schedule:
(A) If privileges were revoked without condition for an unlimited period of time,
the attorney may apply for reinstatement after five years from the date the
Discipline Order becomes final;
(B) If privileges were revoked or suspended with specified conditions precedent

to reinstatement, the attorney may apply for reinstatement upon fulfillment
of the conditions set forth in the Discipline Order; and
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(C) If privileges were suspended for a specified period of time, the attorney may
apply for reinstatement at the conclusion of the period of suspension or five
years after the Discipline Order becomes final, whichever first occurs.
An Application for Reinstatement of Privileges must include a copy of the Discipline

Order, proof that all conditions justifying reinstatement have been fulfilled, and proof
that the applicant is in good standing before the United States District Court for the
Central District of California and is a member in good standing of the State Bar of
California. If the attorney’s privileges were revoked, or if the suspension was for a
time in excess of five years and was without any conditions precedent to
reinstatement, it shall be within the sole discretion of the Chief Judge whether to
issue a reinstatement order. If the Chief Judge determines that the attorney is entitled
to reinstatement of practice privileges, he or she may issue a Reinstatement Order.
Upon entry of the Reinstatement Order, the attorney affected thereby shall be
deemed eligible to practice before all the judges of this court except to the extent any
judge of this court has issued an order, other than under this rule, denying that
attorney the right to appear before that judge or to appear in a particular case.
Upon entry, the clerk shall transmit a copy to all judges of this court and to the
attorney, the clerk of the District Court, and to the United States Trustee. In
addition, if the Discipline Order was sent to the State Bar or published, the Clerk
shall transmit the Reinstatement Order to the State Bar and publish it in the same
publication, if possible. If the Chief Judge does not grant the Application for
Reinstatement of Privileges, he or she shall issue an order denying the application
together with a separate written statement of the reasons for his or her decision. That
order will become final 14 days after entry.
If an attorney’s Application for Reinstatement of Privileges is denied, he or she may

reapply for reinstatement after one year from the date of entry of the order denying
the previous application or within such other time or upon fulfillment of such
conditions as may be set forth in the order denying reinstatement.
(5) Maintenance of Discipline Files. The clerk will place in the court’s file for each
disciplinary proceeding all documents referred to above and others received or issued
by this court relating thereto, and notations thereof shall be entered on the docket for
that proceeding. Those files shall be maintained in accordance with applicable law
and rules for maintenance of miscellaneous files of this court and shall be available
for review and copying by members of the public unless, by order of the Chief Judge
or the Presiding Judge of the Panel to which the matter was assigned, access to the
file is restricted or prohibited.
The clerk shall close a disciplinary file 30 days after entry of a dispositive order (for
example, an Order Re Revocation of Privileges or a Reinstatement Order) in that
proceeding unless within that time the clerk receives a Notice of Appeal of any order
rendered in the proceeding or other information justifying maintenance of the file in
an open status. The clerk shall reopen a disciplinary file upon the request of the
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Appendix II
attorney, for the convenience of the court, or upon order of any judge of this court,
whereupon the clerk shall advise the Chief Judge accordingly. So long as any
disciplinary files remain open, the clerk shall provide the Chief Judge a quarterly
status report of all such open files to which will be attached copies of their dockets.
The Chief Judge may order any such files closed when he or she deems it
appropriate, consistent with the provisions hereof and the status of any such matter.
(6) Appeals. All orders issued pursuant to this rule shall be appealable to the extent
permitted by applicable law and rules of court.
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APPENDIX III
ADOPTION OF MEDIATION PROGRAM FOR BANKRUPTCY CASES

AND ADVERSARY PROCEEDINGS
(Third Amended General Order No. 95-01)
1.0 PURPOSE AND SCOPE
The United States Bankruptcy Court for the Central District of California (the “Court”)
recognizes that formal litigation of disputes in bankruptcy cases and adversary proceedings
frequently imposes significant economic burdens on parties and often delays resolution of
those disputes. The procedures established herein are intended primarily to provide litigants
with the means to resolve their disputes more quickly, at less cost, and often without the
stress and pressure of litigation.
The Court also notes that the volume of cases, contested matters and adversary proceedings
filed in this district has placed substantial burdens upon counsel, litigants and the Court, all
of which contribute to the delay in the resolution of disputed matters. A Court-authorized
mediation program, in which litigants and counsel meet with a mediator, offers an
opportunity for parties to settle legal disputes promptly, less expensively, and to their mutual
satisfaction. The judges of the Court hereby adopt the Mediation Program for Bankruptcy
Cases and Adversary Proceedings (the “Mediation Program”) for these purposes.
It is the Court’s intention that the Mediation Program shall operate in such a way as to allow
the participants to take advantage of and utilize a wide variety of alternative dispute
resolution methods. These methods may include, but are not limited to, mediation,
negotiation, early neutral evaluation and settlement facilitation. The specific method or
methods employed will be those that are appropriate and applicable as determined by the
mediators and the parties, and will vary from matter to matter.
Nothing contained herein is intended to preclude other forms of dispute resolution with the
consent of the parties.
2.0 CASES ELIGIBLE FOR ASSIGNMENT TO THE MEDIATION PROGRAM
Unless otherwise ordered by the judge handling the particular matter (the “Judge”), all
controversies arising in an adversary proceeding, contested matter, or other dispute in a
bankruptcy case are eligible for referral to the Mediation Program.
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Appendix III
3.0 PANEL OF MEDIATORS
3.1 Selection
a. The Court shall establish and maintain a panel (“Panel”) of qualified

professionals who have volunteered and been chosen to serve as a mediator
(“Mediator”) for the possible resolution of matters referred to the Mediation
Program. The Panel shall be comprised of both attorneys and non-attorneys.
b. Applicants shall submit an Application (in the form attached) (the

“Application”) to the judge appointed as the administrator of the Mediation
Program (the “Mediation Program Administrator”), setting forth their
qualifications as described in Paragraph 3.3 below.
c. The judges of the Court will select the Panel from the applications submitted
to the Mediation Program Administrator. The judges will consider each
applicant’s training and experience in mediation or other alternative dispute
resolution, if any, as well as the applicant’s professional experience and
location. Appointments may be limited to keep the Panel at an appropriate
size and to ensure that the Panel is comprised of individuals who have broad
based experience, superior skills, and qualifications from a variety of legal
specialties and other professions.
3.2 Term. Mediators shall serve as members of the Panel for a term of three years
unless the Mediator is advised otherwise by the Court or submits a written request
to withdraw from the Panel to the Mediation Program Administrator. Reappointment
will occur at the judges’ discretion, and an application for reappointment is not
required.
3.3 Qualifications
a. Attorney Applicants. An attorney applicant shall certify to the Court in the

application that the applicant:
1. Is, and has been, a member in good standing of the bar of any state or
of the District of Columbia for at least 5 years;
2. Is a member in good standing of the federal courts for the Central

District of California;
3. Has served as a principal attorney of record in at least 3 bankruptcy

cases (without regard to the party represented) from case
commencement to conclusion or, if the case is still pending, to the
date of the Application, or has served as the principal attorney of
2
Appendix III
record for a party in interest in at least 3 adversary proceedings or

contested matters from commencement to conclusion or, if the case
is still pending, to the date of the Application; and
4. Is willing to undertake to evaluate or mediate at least one matter each

quarter of each year, subject only to unavailability due to conflicts,
personal or professional commitments, or other matters which would
make such service inappropriate.
b. Non-Attorney Applicants. A non-attorney applicant shall certify to the Court

in the Application that the applicant has been a member in good standing of the
applicant’s particular profession for at least 5 years, and shall submit a
statement of professional qualifications, experience, training and other
information demonstrating, in the applicant’s opinion, why the applicant should
be appointed to the Panel. Non-attorney applicants shall make the same
certification required of attorney applicants contained in Paragraph 3.3.a.4.
3.4 Geographic Areas of Service. Applicants shall indicate on the Application all
counties within the Central District in which they are willing to serve. Applicants must
be willing to travel to all such counties to conduct Mediation Conferences.
4.0 ADMINISTRATION OF THE MEDIATION PROGRAM
The Chief Judge will appoint a judge of the Court to serve as the Mediation Program
Administrator. The Mediation Program Administrator will be aided by assigned staff members
of the Court, who will maintain and collect applications, maintain the roster of the Panel, track
and compile results of the Mediation Program, and handle such other administrative duties as
are necessary.
5.0 ASSIGNMENT OF MATTERS TO THE MEDIATION PROGRAM
5.1 Assignment by Request of Parties. A contested matter in a case, adversary

proceeding, or other dispute (hereinafter collectively referred to as “Matter” or
“Matters”) may be assigned to the Mediation Program if requested in writing by the
parties in the form attached as Official Forms 701 and 702.
5.2 Assignment by Judge. Matters may also be assigned by order of the Judge at a status
conference or other hearing. While participation by the parties in the Mediation
Program is generally intended to be voluntary, the Judge, acting sua sponte or on the
request of a party, may designate specific Matters for inclusion in the Mediation
Program. The Judge may do so over the objections of the parties. If a Matter is
assigned to the Mediation Program by the Judge at a status conference or other hearing,
the parties will be presented with an order assigning the Matter to the Mediation
Program, and with a current roster of the Panel. The parties shall normally be given the
opportunity to confer and to select a mutually acceptable Mediator and an Alternate
3
Appendix III
Mediator from the Panel. If the parties cannot agree, or if the Judge deems selection
by the Judge to be appropriate and necessary, the Judge shall select a Mediator and an
Alternate Mediator from the Panel.
5.3 Assignment of Non-Panel Mediators. The Judge may, in his or her sole discretion,
appoint individuals who are not members of the Panel as the Mediator and Alternate
Mediator at the request of the parties and for good cause shown.
5.4 Use of Official Court Order Assigning Matter to Mediation Program. The order
appointing the Mediator and Alternate Mediator and assigning a Matter to the
Mediation Program shall be in the form attached as Official Form 702 (“Mediation
Order”). The original Mediation Order shall be docketed and retained in the case or
adversary proceeding file and copies shall be mailed, by the party so designated by the
Judge, to the Mediator, the Alternate Mediator, the Mediation Program Administrator,
and to all other parties to the dispute.
5.5 Existing Case Deadlines Not Affected by Assignment to Mediation. Assignment to

the Mediation Program shall not alter or affect any time limits, deadlines, scheduling
matters or orders in the case, any adversary proceeding, contested matter or other
proceeding, unless specifically ordered by the Judge.
5.6 Disclosure of Conflicts of Interest. No Mediator may serve in any Matter in violation
of the standards regarding judicial disqualification set forth in 28 U.S.C. § 455.
a. Disclosure by Attorney Mediators. An attorney Mediator shall promptly

determine all conflicts or potential conflicts in the manner prescribed by the
California Rules of Professional Conduct and disclose same to all parties in
writing. If the attorney Mediator’s firm has represented one or more of the
parties, the Mediator shall promptly disclose that circumstance to all parties in
writing.
b. Disclosure by Non-Attorney Mediators. A non-attorney Mediator shall

promptly determine all conflicts or potential conflicts in the same manner as a
non-attorney would under the applicable rules pertaining to the non-attorney
Mediator’s profession and disclose same to all parties in writing. If the
Mediator’s firm has represented one or more of the parties, the Mediator shall
promptly disclose that circumstance to all parties in writing.
c. Report of Conflict Issue by Parties. A party who believes that the assigned
Mediator and/or the Alternate Mediator has a conflict of interest shall promptly
bring the issue to the attention of the Mediator and/or the Alternate Mediator,
as applicable, and shall disclose same to all parties in writing.
d. Resolution of Conflict Issue by Judge. If the Mediator and/or the Alternate

Mediator does not withdraw from the assignment, the issue shall be brought to
4
Appendix III
the attention of the Judge in writing by the Mediator, the Alternate Mediator,
or any of the parties in the form attached as Official Form 704. The notice shall
be filed with the Court, and copies of the notice shall be mailed to the Judge,
all of the parties to the dispute, their counsel, if any, the Mediator, the Alternate
Mediator, and the Mediation Program Administrator. The Judge will then take
whatever action(s) he or she deems necessary and appropriate under the
circumstances to resolve the conflict of interest issue.
6.0 CONFIDENTIALITY
6.1 In General. No written or oral communication made, or any document presented,

by any party, attorney, Mediator, Alternate Mediator or other participant in
connection with or during any Mediation Conference, including the written
Mediation Conference statements referred to in Paragraph 7.8 below, may be
disclosed to anyone not involved in the Mediation, nor may any such communication
be used in any pending or future proceeding in this Court or any other court. All
such communications and documents shall be subject to all of the protections
afforded by FRBP 7068. Such communication(s) may be disclosed, however, if all
participants in the Mediation, including the Mediator, agree in writing to such
disclosure. In addition, nothing contained herein shall be construed to prohibit
parties from entering into written agreements resolving some or all of the Matter(s),
or entering into or filing procedural or factual stipulations based on suggestions or
agreements made in connection with a Mediation Program conference (“Mediation
Conference”).
6.2 Non-Confidentiality of Otherwise Discoverable Evidence. Notwithstanding the

foregoing, nothing herein shall require the exclusion of any evidence otherwise
discoverable merely because it is presented in the course of a Mediation Conference.
6.3 Written Confidentiality Agreement Required. The parties and the Mediator shall
enter into a written confidentiality agreement in the form attached as Official
Form 708.
6.4 Effect of Recorded Settlement Agreement on Confidentiality. An oral agreement

reached in the course of a Mediation Conference is not made inadmissible or
protected from disclosure if all of the following conditions are satisfied:
a. The oral agreement is recorded by a court reporter, tape recorder, or other

reliable means of sound recording;
b. The terms of the oral agreement are recited on the record in the presence of
the parties and the Mediator, and the parties express on the record that they
agree to the terms recited;
5
Appendix III
c. The parties to the oral agreement expressly state on the record that the
agreement is enforceable or binding or words to that effect; and
d. The recording is reduced to writing and the writing is signed by the parties
and their counsel, if any, within 3 days after it is recorded.
6.5 Effect of Written Settlement Agreement on Confidentiality. A written settlement

agreement prepared in the course of a Mediation Conference is not made
inadmissible or protected from disclosure if the agreement is signed by the settling
parties and their counsel, if any, and either of the following conditions are satisfied:
a. The agreement provides that it is admissible or subject to disclosure, or

words to that effect; or
b. The agreement provides that it is enforceable or binding or words to that

effect.
6.6 Court Evaluation of Mediation Program Not Precluded by Confidentiality

Provisions. Nothing contained herein shall be construed to prevent Mediators,
parties, and their counsel, if any, from responding in absolute confidentiality to
inquiries or surveys by persons authorized by the Court to evaluate the Mediation
Program.
6.7 Confidentiality of Suggestions and Recommendations of Mediator. The

Mediator shall have no obligation to make any written suggestions or
recommendations but may, as a matter of discretion, provide counsel for the parties
(or the parties, where proceeding in pro per), with a written settlement
recommendation memorandum. No copy of any such memorandum shall be filed
with the Court or made available, in whole or in part, directly or indirectly, to the
Judge.
7.0 MEDIATION PROCEDURES
7.1 Selection of Mediator. Counsel for the parties (or the parties, where proceeding in
pro per), are encouraged to contact the proposed Mediator and Alternate Mediator
as soon as practicable (preferably before submitting the Mediation Order to the judge
for approval, if possible) to determine the availability of the Mediator and Alternate
Mediator to serve in the Matter.
7.2 Availability of Mediator. If the Mediator is not available to serve in the Matter, the
Mediator shall notify the parties, the Alternate Mediator, and the Mediation Program
Administrator of that unavailability by mail in the form attached as Official Form
703 as soon as possible, but no later than 7 days from the date of receipt of
6
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notification of appointment. Upon notification of the Mediator’s unavailability

to serve, the Alternate Mediator shall automatically serve as the Mediator
without the necessity for further court order.
7.3 Availability of Alternate Mediator. If the Alternate Mediator is not available to

serve in the Matter, the Alternate Mediator shall notify the parties and the Mediation
Program Administrator of that unavailability by mail in the form attached as Official
Form 703 as soon as possible, but no later than 7 days from the receipt of notification
by the Mediator, pursuant to Paragraph 7.1 above, of the Mediator’s unavailability
to serve.
7.4 Selection of Successor Mediator.
a. By Parties. Within 7 days of receipt of the Alternate Mediator’s notification

of unavailability, the parties shall choose a mutually acceptable Successor
Mediator and Successor Alternate Mediator by mail in the form attached as
Official Form 702. (This is the same Official Form which is used to appoint
the original Mediator and Alternate Mediator, as described in Paragraph 5.4
above. However, the word “Successor” must be inserted in the caption of
the Mediation Order in front of the words “Mediator” and “Alternate
Mediator”). The parties shall file such form with the Court and provide a
courtesy copy to the Judge and the Mediation Program Administrator.
b. By Judge. If the parties are unable to agree on a choice of Successor

Mediator and Successor Alternate Mediator, they shall notify the Judge and
the Mediation Program Administrator of their inability to do so by mail in the
form attached as Official Form 704. In that event, the Judge shall appoint the
Successor Mediator and Successor Alternate Mediator.
c. Use of Official Court Order Assigning Successor Mediator. When the

Successor Mediator and Successor Alternate Mediator have been chosen by
the parties and/or appointed by the Judge, the Judge shall execute an order
appointing the Successor Mediator and Successor Alternate Mediator in the
form attached as Official Form 702. (This is the same Official Form which
is used to appoint the original Mediator and Alternate Mediator, as described
in Paragraph 5.4 above. However, the word “Successor” must be inserted
in the caption of the Mediation Order in front of the words “Mediator” and
“Alternate Mediator”).
7.5 Initial Telephonic Conference. Promptly, but no later than 14 days of receipt of
notification of appointment, the Mediator shall conduct a telephonic conference with
counsel for the parties (or the parties, where appearing in pro per) to discuss ((a)
fixing a convenient date and place for the Mediation Conference, (b) the procedures
that will be followed during the Mediation Conference, (c) who shall attend the
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Mediation Conference on behalf of each party, (d) what material or exhibits should
be provided to the Mediator before the Mediation Conference, and (e) any issues or
maters that it would be especially helpful to have the parties address in their written
Mediation Conference Statements.
7.6 Mediation Conference Scheduling. Also within 14 days of receipt of notification

of appointment, the Mediator shall give notice to the parties of the date, time and
place for the Mediation Conference. The Mediation Conference shall commence no
later than 30 days following the receipt of notification by the Mediator, and shall be
held in a suitable neutral setting such as the office of the Mediator, or at a location
convenient and agreeable to the parties and the Mediator.
a. Continuance of Mediation Conference. The date for the Mediation

Conference may be continued for a period not to exceed 30 days upon written
stipulation between the Mediator and the parties. The stipulation need not
be filed with the Court but the parties must mail a copy of it to the Judge and
the Mediation Program Administrator.
b. Additional Continuance. At the written request of the parties and for good
cause shown, the Judge may, in his or her sole discretion, approve an
additional continuance of the Mediation Conference beyond the period
specified in Paragraph 7.6.a.
7.7 Mandatory Service of Mediation Order Prior to Mediation Conference. Prior

to the Mediation Conference, the parties’ counsel shall serve a copy of the Mediation
Order on the Mediator, Alternate Mediator, Mediation Program Administrator, and
all parties to the dispute.
7.8 Mediation Conference Statements. Each party shall submit a written Mediation
Conference statement (“Mediation Statement”) directly to the Mediator and to the
parties to the Mediation Conference no less than 7 days prior to the date of the initial
Mediation Conference, unless modified by the Mediator.
a. Format. Mediation Statements shall not exceed 10 pages, excluding exhibits

and attachments. Mediation Statements shall comply with all of the
requirements of Court Manual Section 2-5, unless such compliance is
excused by the Mediator.
b. Confidentiality. Mediation Statements shall be subject to all of the

protections afforded by the confidentiality provisions contained herein and
by FRBP 7068.
c. Statements Not Filed with Court. The Mediation Statements shall not be
8
Appendix III
filed with the Court, and the Judge shall not have access to them. In addition,
the phrase “CONFIDENTIAL -- NOT TO BE FILED WITH THE
COURT” shall be typed on the first page of the Mediation Statements.
d. Mandatory Contents. Mediation Statements must:
1. Identify the person(s), in addition to counsel, who will attend the

Mediation Conference as representative(s) of the party, who have
authority to make decisions;
2. Describe briefly the substance of the dispute;
3. Address any legal or factual issue(s) that might appreciably reduce

the scope of the dispute or contribute significantly to settlement;
4. Identify the discovery that could contribute most to preparing the
parties for meaningful discussions;
5. Set forth the history of past settlement discussions, including

disclosure of any prior and any presently outstanding offers and
demands;
6. Make an estimate of the cost and time to be expended for further

discovery, pretrial motions, expert witnesses and trial;
7. Indicate presently scheduled dates for further status conferences,

pretrial conferences, trial, or otherwise; and
8. Attach copies of the document(s) from which the dispute has arisen
(e.g., contracts), or the document(s) whose availability would
materially advance the purposes of the Mediation Conference.
e. Recommended Additional Contents. Parties may identify in the Mediation

Statements the person(s) connected to a party opponent (including a
representative of a party opponent’s insurance carrier) whose presence at the
Mediation Conference would substantially improve the prospects for making
the session productive. The fact that a person has been so identified shall
not, by itself, result in an order compelling that person to attend the
Mediation Conference.
f. Additional Mediation Statements for Mediator Only. Each party may

submit directly to the Mediator, for his or her eyes only, a separate
confidential Mediation Statement describing any additional interests,
considerations, or matters that the party would like the Mediator to
understand before the Mediation Conference begins. Such Mediation
Statements shall not exceed 10 pages, excluding exhibits and attachments,
9
Appendix III
and shall comply with all of the requirements of Court Manual Section 2-5
unless such compliance is excused by the Mediator.
7.9 Mandatory Attendance at Mediation Conference.
a. By Counsel. Counsel for each party who is primarily responsible for the
Matter (or the party, where proceeding in pro per) shall personally attend the
Mediation Conference and any adjourned session(s) of that conference,
unless excused by the Mediator for cause. Counsel for each party shall come
prepared to discuss all liability issues, all damage issues, and the position of
the party relative to settlement, in detail and in good faith.
b. By Parties. All individual parties, and representatives with authority to

negotiate and to settle the Matter on behalf of parties other than individuals,
shall personally attend the Mediation Conference and any adjourned
session(s) of that conference, unless excused by the Mediator for cause.
Each party shall come prepared to discuss all liability issues, all damage
issues, and the position of the party relative to settlement, in detail and in
good faith.
c. By Governmental Agencies. A unit or an agency of government satisfies

this attendance requirement if represented by a person who has, to the
greatest extent feasible, authority to settle, and who is knowledgeable about
the facts of the case, the governmental unit’s position, and the procedures and
policies under which the governmental unit decides whether to accept
proposed settlements.
d. Telephonic Appearance. Any party or lawyer who is excused by the

Mediator from appearing in person at the Mediation Conference may be
required by the Mediator to participate by telephone. This decision is within
the Mediator’s sole discretion.
7.10 Consequences of Failure to Attend Mediation Conference and Other Violations

of Mediation Program Procedures. Willful failure to attend the Mediation
Conference and/or other violations of the Mediation Program procedures shall be
reported to the Judge by the Mediator by written notice in the form attached as
Official Form 705, and may result in the imposition of sanctions by the Judge. The
Mediator’s notice shall be filed with the Court and copies of the notice shall be
mailed to the Judge, all of the parties to the dispute, their counsel, if any, and the
Mediation Program Administrator. The Judge will then take whatever action(s) he
or she deems necessary and appropriate under the circumstances to resolve the issue
of such willful failure to attend the Mediation Conference and/or other violations of
the Mediation Program procedures.
7.11 Conduct at the Mediation Conference. The Mediation Conference shall proceed
informally. Rules of evidence shall not apply. There shall be no formal examination
10
Appendix III
or cross-examination of witnesses. The Mediator may conduct continued Mediation

Conferences after the initial session where necessary. As appropriate, the Mediator
may:
a. Permit each party (through counsel or otherwise) to make an oral

presentation of its position;
b. Help the parties identify areas of agreement and, where feasible, enter into
stipulations;
c. Assess the relative strengths and weaknesses of the parties’ contentions and
evidence, and explain as carefully as possible the reasoning of the Mediator
that supports these assessments;
d. Assist the parties, through separate consultation or otherwise, in settling the

dispute;
e. Estimate, where feasible, the likelihood of liability and the dollar range of
damages;
f. Help the parties devise a plan for sharing the important information and/or
conducting the key discovery that will assist them as expeditiously as
possible to participate in meaningful settlement discussions or to posture the
case for disposition by other means; and
g. Determine whether some form of follow up to the Mediation Conference

would contribute to the case development process or to settlement.
7.12 Suggestions and Recommendations of Mediator. If the Mediator makes any oral
or written suggestions as to the advisability of a change in any party’s position with
respect to settlement, the attorney for that party shall promptly transmit that
suggestion to the client. The Mediator shall have no obligation to make an written
comments or recommendations, but may, as a matter of discretion, provide the
parties with a written settlement recommendation memorandum. No copy of any
such memorandum shall be filed with the Court or made available in whole or in part
directly or indirectly, to the Judge.
8.0 PROCEDURE UPON COMPLETION OF MEDIATION CONFERENCE
8.1 Upon the conclusion of the Mediation Conference the following procedures shall be
followed:
a. If Matter Settled. If the parties have reached an agreement regarding the

disposition of the Matter, the parties, with the advice of the Mediator, shall
determine who shall prepare the writing to dispose of the Matter. If
necessary, the parties may, with the Mediator’s consent, continue the
11
Appendix III
Mediation Conference to a date convenient for all parties and the Mediator.
Where required, they shall promptly submit a fully executed settlement
stipulation to the Judge for approval, and shall mail a copy to the Mediation
Program Administrator. The Judge will accommodate parties who desire to
place any resolution of a Matter on the record during or following the
Mediation Conference.
b. Mediator’s Certificate of Completion of Conference. Within 14 days of

the Mediation Conference, the Mediator shall file with the Court and serve
on the parties and the Mediation Program Administrator a certificate in the
form attached as Official Form 706, which shows whether there has been
compliance with the Mediation Conference requirements and whether or not
a settlement has been reached. Regardless of the outcome of the Mediation
Conference, the Mediator will not provide the Judge with any details of the
substance of the Mediation Conference.
c. Confidential Evaluation. In order to assist the Mediation Program

Administrator in compiling useful data to evaluate the Mediation Program
and aid the Court in assessing the efforts of the members of the Panel, the
Mediator shall provide a Mediation Conference Report to the Mediation
Program Administrator in the form attached as Official Form 709. The
Mediation Conference Report shall not be filed with the Court and the Judge
shall not have access to it. In addition, the phrase “CONFIDENTIAL --
NOT TO BE FILED WITH THE COURT” shall be typed on the first page
of the Mediation Conference Report.
9.0 PRO BONO AND COMPENSATED SERVICE OF MEDIATORS
9.1 Mandatory Pro Bono Service. The Mediator shall serve on a pro bono basis and
shall not require compensation or reimbursement of expenses for the first full day of
at least one Mediation Conference per quarter per year. If, at the conclusion of the
first full day of the Mediation Conference, it is determined by the parties that
additional time will be both necessary and productive in order to complete the
Mediation Conference, then:
a. If the Mediator consents to continue to serve on a pro bono basis, the parties
may agree to continue the Mediation Conference; or
b. If the Mediator does not consent to continue to serve on a pro bono basis, the
Mediator’s compensation shall be on such terms as are satisfactory to the
Mediator and the parties, and shall be subject to the prior approval of the
Judge if the estate is to be charged with such expense.
9.2 Compensated Service Upon Completion of Mandatory Pro Bono Service. After
a Mediator has concluded at least one pro bono mediation for the particular quarter,
nothing herein shall prohibit the Mediator and the parties from agreeing that the
12
Appendix III
Mediator may be compensated for services rendered by the Mediator. The amount
of such compensation and the terms governing the amount and payment shall be as
agreed upon among the parties. If applicable, any party or parties to the mediation
may apply to the Judge for authorization to compensate the Mediator from property
of the estate. Nothing in this provision, however, shall require any party to
compensate a Mediator other than as may be mutually agreed upon among the parties
and the Mediator.
10.0 IMPLEMENTATION
10.1 The Mediation Program became effective on July 1, 1995.
10.2 Judge Barry Russell is appointed the Mediation Program Administrator.
13
Appendix IV
APPENDIX IV
GUIDELINES FOR ALLOWANCE OF ATTORNEYS’ FEES

IN CHAPTER 13 CASES
THESE GUIDELINES GOVERN THE ALLOWANCE OF ATTORNEYS’ FEES IN

CHAPTER 13 CASES IN THIS DISTRICT.
AN ATTORNEY MAY RECEIVE AN ORDER APPROVING FEES UP TO THE AMOUNTS

SET FORTH HEREIN WITHOUT FILING A DETAILED APPLICATION IF:
The attorney has filed with the court and served the chapter 13 trustee with the statement required
pursuant to Rule 2016 of the Federal Rules of Bankruptcy Procedure and a fully executed copy of
the “Rights and Responsibilities Agreement Between Chapter 13 Debtors and Their Attorneys,”
copies of which are available in the clerk’s office and in the chapter 13 trustees’ offices; and
No objection to the requested fees has been raised.
THE MAXIMUM FEE WHICH CAN BE APPROVED THROUGH THE PROCEDURE

DESCRIBED HEREIN IS:
$4,500 in a case in which the debtor is engaged in a business; or
$4,000 in all other cases;
IF AN ATTORNEY SEEKS ADDITIONAL FEES OR ELECTS TO BE PAID OTHER THAN

PURSUANT TO THESE GUIDELINES:
The attorney shall file and serve an application for fees in accordance with 11 U.S.C. §§ 330 and
331, Rules 2016 and 2002 of the Federal Rules of Bankruptcy Procedure and Local Bankruptcy
Rules 2016-1 and 3015-1, as well as the “Guide To Applications For Professional Compensation”
issued by the United States Trustee for the Central District of California.
In any event, on its own motion or the motion of any party in interest, the court may order a hearing
to review any attorney’s fee agreement or payment, in accordance with 11 U.S.C. § 329 and
Rule 2017 of the Federal Rules of Bankruptcy Procedure.
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LOCAL BANKRUPTCY RULES

EFFECTIVE JANUARY 4, 2010

UNITED STATES BANKRUPTCY COURT

Edward R. Roybal Federal Building

1001-1 TITLE, APPLICATION, AND SCOPE OF RULES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

(a) Title and Citation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

(b) Application and Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

(c) Application to Persons Appearing Without Counsel . . . . . . . . . . . . . . . . . . . . . . . 1

(e) Procedure in Absence of Rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

(f) Sanctions for Noncompliance with Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

(g) Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

1001-2 RULES OF CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

(a) Construction of Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

(b) Gender; Plurals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1002-1 PETITION – GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

(a) Debtor’s Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

(b) Attorney Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

(c) Number of Copies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

(d) Incomplete Petitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

(e) Redaction of Personal Identifiers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

(f) Effect of Failure to Specify Necessary Information . . . . . . . . . . . . . . . . . . . . . . . . . 4

(g) Joint Petitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

1006-1 FILING FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

(a) Payment of the Filing Fee in Installments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

(b) Waiver of Chapter 7 Filing Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

(a) Master Mailing List . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

(b) Amendment of Master Mailing List . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

(c) Partnerships, Corporations, and Limited Liability Companies . . . . . . . . . . . . . . 6

(d) Verification of Completeness and Accuracy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

(e) Extension of Time to File Schedules, Statements, and Other Documents . . . . . . 6

1007-4 DISCLOSURE OF CORPORATE RELATIONSHIPS . . . . . . . . . . . . . . . . . . . . . . . . . . 6

(a) Mandatory Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

(b) Supplemental Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

1010-1 INVOLUNTARY PETITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

1015-1 CONSOLIDATION AND JOINT ADMINISTRATION . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

(a) Joint Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

(b) Joint Administration of Cases Pending in the Same Court . . . . . . . . . . . . . . . . . . 7

(c) Joint Administration/Substantive Consolidation . . . . . . . . . . . . . . . . . . . . . . . . . . 7

1015-2 RELATED CASES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

(a) Definition of Related Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

(b) Disclosure of Related Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

(a) Conversion Upon Debtor’s Request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

(b) Additional Fees Upon Conversion of a Case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

1017-2 DISMISSAL OF CASE OR SUSPENSION OF PROCEEDINGS . . . . . . . . . . . . . . . . . 9

(a) Dismissal for Failure to File Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

(b) Dismissal of Chapter 7 Case for Failure to Attend Meeting of

(c) Notice of Dismissal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

(e) Refiling of Dismissed Case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

(f) Motion to Dismiss or Suspend Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

1071-1 DIVISIONS – PLACE OF FILING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

(a) Filing of Petition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

(b) Petition Filed in Wrong Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

(c) Filing of Papers Other Than a Petition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

1073-1 ASSIGNMENT OF CASES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

(a) New Petitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

(b) Assignment or Reassignment of Related Cases and Proceedings . . . . . . . . . . . . 11

(c) Motion for Reassignment or Consolidation of Related Cases . . . . . . . . . . . . . . . 11

(d) Reassignment of Cases or Proceedings Due to Recusal . . . . . . . . . . . . . . . . . . . . 11

(e) Assignment of Miscellaneous Matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12