Additional Requirements for Motions for Relief From Stay; Judicial Practice Guide; Judicial Variance Statement for Judge Sheri Bluebond Regarding LBR's, The Central Guide and Forms; Official Policy for the Use of Electronic Devices; Procedures Concerning Motions for Relief from Stay in Dismissed Cas
Hon. Sheri Bluebond · U.S. Bankruptcy Court for the Central District of California
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=== Additional Requirements for Motions for Relief From Stay ===
ADDITIONAL REQUIREMENTS FOR MOTIONS FOR RELIEF FROM STAY M arch 2016 I. Federal Rule of Bankruptcy Procedure 4001(a) provides that motions for relief from stay shall be served on certain identified parties and “such other entities as the court may direct.” Whenever a lienholder moves for relief from stay the interests of other parties who hold liens against or interests in the property are likely to be affected. Accordingly, Judge Bluebond requires that any motion for relief from stay in which the movant seeks authority to foreclose upon (or to validate a foreclosure sale conducted with regard to) property owned by the debtor or the estate, whether real or personal, tangible or intangible, be served on all parties (other than the movant) identified in the debtor’s schedules or the public record as holding a lien against or an interest in the property that is the subject of the motion. Please note that this rule imposes additional service requirements for motions for relief from stay and is not intended to replace or supercede the service requirements applicable to motions for relief from stay contained within the Federal Rules of Bankruptcy Procedure and the Local Bankruptcy Rules. II. Any motion for relief from stay in which the movant seeks authority to foreclose upon (or to validate a foreclosure sale conducted with regard to) property owned by the debtor or the estate, whether real or personal, tangible or intangible, shall include a copy of the Statement of Intent as an Exhibit to the motion. If the Debtor has not filed a Statement of Intent, the movant shall include a statement to this effect in the declaration that it files in support of the motion. III. Any motion for relief from stay in which the movant seeks relief under §362(d)(4) shall be served on the original borrower.
=== Judicial Practice Guide ===
Judicial Practice Guide: 17 Common Situations Judge Sheri Bluebond – July 2025 # 1 Communicating with Judge’s Staff Email: You may communicate with Judge Bluebond’s chambers by calling (213)894-8980 (main line); (213)894-8981 (Marie Houle); or (213)894-8982 (Jennifer Wolfberg); or via email by addressing your message to [email protected]. Please note, however, that chambers staff will not provide you with legal advice. Request for a Hearing on Less Than Regular Notice: In order to obtain a hearing on less than 48 hours’ notice or on shortened time, follow the corresponding procedures set forth in LBRs 9075-1(a) and 9075-1(b). (Additional information concerning compliance with these rules can be found in the Central Guide at Hearings: Request Hearing on EMERGENCY -- Less than 48-hours of Notice | Central District of California | United States Bankruptcy Court and Hearings: Apply to Set a Hearing on SHORTENED NOTICE | Central District of California | United States Bankruptcy Court.) A list of telephone numbers for Judge Bluebond’s chambers can be found at TCGSupp9075-1(a)_Judges- Emergency-Motion-Contacts.pdf. # 2 Court Hearings -- Pre-registration, Appearances, Decorum Unless otherwise directed by the Court, you may choose to appear before Judge Bluebond either in person in Courtroom 1539, by telephone or by video (through Zoom.Gov). All attorneys, trustees and self-represented parties who wish to appear by telephone or video should register in the manner described in Judge Bluebond’s Procedures Regarding Telephonic and Video Appearances: Honorable Sheri Bluebond | Central District of California | United States Bankruptcy Court. These instructions may be also be found under the Phone/Video Appearances tab of Judge Bluebond’s section of the Court’s website. The Zoom connection information for each hearing will be provided in Judge Bluebond’s publicly-posted hearing calendar, which may be viewed online at: http://ecf- ciao.cacb.uscourts.gov/CiaoPosted/?jid=BB (Use the tab on the far left to select Judge Bluebond.) # 3 Tentative Rulings Section 3-05 of The Central Guide describes what may be found in a tentative ruling and where to find the link to tentative rulings for any judge: Hearings: POSTED CALENDARS and TENTATIVE RULINGS: Free Access | Central District of California | United States Bankruptcy Court Judge Bluebond’s procedures concerning the use of tentative rulings may be found here: BB_Procedures_onorders.pdf. These procedures also appear on Judge Bluebond’s section of the Court’s website under the tab, “Instructions/Procedures.” Please note that, even if Judge Bluebond has issued a tentative ruling for a given hearing, unless (1) Judge Bluebond’s chambers staff or calendar clerk has confirmed that no appearance is necessary or (2) the tentative ruling itself states that no appearance is necessary or that appearances have been waived, appearances are required. A moving party’s failure to attend the hearing on its motion will result in denial of the motion for failure to prosecute and may result in the issuance of an order to show cause re sanctions. An opposing party who fails to attend the hearing on a motion that it has opposed will be deemed to have withdrawn its opposition to the relief requested in the motion. Does Judge Bluebond Follow All the Local Bankruptcy Rules? # 4 A list of the instances in which Judge Bluebond employs practices that vary from, or imposes requirements in addition to, the Central District’s Local Rules is posted on Judge Bluebond’s section of the Court’s website and may be found at this link: Judicial Variance Statement for Judge Sheri Bluebond. # 5 Judge’s Copies of Documents filed with the Court Section 3-02 of The Central Guide links to the LBRs pertaining to judge’s copies, and guidance on how to assemble and deliver a judge’s copy may be found here: Chambers: DELIVER a JUDGE'S COPY | Central District of California | United States Bankruptcy Court You must serve Judge Bluebond with a hard (paper) copy of all papers filed with the Court that are more than 25 pages in length (including caption pages, tables and exhibits). Do not send a double- sided copy. If there is more than a single exhibit attached to the document, please use exhibit tabs. The judge's copy must be stapled or bound in such a way that the binding will remain in place while the judge's copy is read. Do not simply put a rubber band around a stack of documents or use a binder clip to hold the document together. If the document is too large to staple, use an Acco fastener (see, e.g., Amazon.com: 70022 Acco Premium Prong Fastener - 2.75" Length - 50 / Box - Silver : Office Products), a three-ring binder or another durable form of binding. # 6 Scheduling Hearings All judges in the district have “Self-Calendaring” instructions posted on their webpages. Judge Bluebond’s self-calendaring procedures may be found here: Bluebond, S. | Central District of California | United States Bankruptcy Court. A calendar that reflects the specific days and times that Judge Bluebond hears particular matters may be found here: BB_Self-Calendaring.pdf. Please use only the day and time that are appropriate for the type of matter you wish to schedule. If for any reason you need to schedule a matter for a date or time that is not available on Judge Bluebond’s calendar of dates, or if you anticipate that your matter will take more than 15 minutes to resolve, please contact Judge Bluebond’s courtroom deputy, Maria Evangelista, at 213-894-3688 to request a different date or time. # 7 Does Judge Bluebond Allow Digital Signatures that are Explained in LBR 9011-1? Section 9011-1 of The Central Guide at Signature Requirements; Types of Signatures Allowed; NEW Software-Generated Signatures | Central District of California | United States Bankruptcy Court explains the court’s policy regarding software-generated signatures of clients and opposing counsel when a document is to be filed electronically via CM/ECF. Judge Bluebond follows the signature procedures set forth in Section 9011-1 of The Central Guide. # 8 “Ex Parte” Motions Sometimes parties use the term “ex parte” when they believe the court should enter an order quickly or hold a hearing right away. “Ex Parte” means “without notice.” It is very rare to obtain a court order without notice. Nearly all motions require some form of notice. See section 2-05 of The Central Guide at: Hearings: LBR 9013-1(d): REGULAR NOTICE (7, 14, 21, 30 or 42 days of notice) | Central District of California | United States Bankruptcy Court (1) Some motions may be determined without a hearing. See LBR 9013-1(p)-(q) and Section 2-09 of the Central Guide found at: Hearings: LBR 9013-1(p)-(q): NO HEARING UNLESS JUDGE REQUIRES | Central District of California | United States Bankruptcy Court. (2) Some motions can be heard on more than 48 hours – but less than regular notice – if the standard for shortened notice is met. See section 2-06 of The Central Guide. Hearings: LBR 9075-1(b): SHORTENED NOTICE (Fewer Than 21 Days) | Central District of California | United States Bankruptcy Court (3) Other motions can be heard within 48 hours if the standard for an emergency hearing is met. See section 2-07 of The Central Guide. See Hearings: LBR 9075-1(a): EMERGENCIES (48 Hours of Notice) | Central District of California | United States Bankruptcy Court # 9 Stipulations and Motions to Continue a Hearing Unless otherwise instructed by Court, contacting chambers is not an effective method for obtaining a continuance. When all parties agree to continue a hearing, follow LBR 9013-1(m)(2) and LBR 9071- 1(a)(2), which require that the parties file a stipulation to continue the hearing at least two court days prior to the date scheduled for the hearing: (1) The parties must state clearly the proposed new date or range of dates for a new hearing and the reason for the proposed date. (2) The stipulation must contain good cause for not using the original hearing date. (3) The parties must lodge a separate proposed form of order. When a party files a motion to continue, Judge Bluebond follows LBR 9013-1(m)(1), which requires that: (1) The motion must be filed with a notice of motion under LBR 9013-1(p). (2) A motion must include a declaration under penalty of perjury explaining the need for a continuance; and (3) The motion must satisfy the requirements set forth above for a stipulation to continue the hearing. Submitting Exhibits as Evidence to a Motion or in a Trial # 10 In bankruptcy court, evidence is typically provided by written declaration instead of by oral testimony. Exhibits require authentication to be admissible. Testimony in a written declaration, made by a person who has personal knowledge and authority, is required to authenticate the contents of each exhibit. Section 9014(d)-(e) of The Central Guide describes how to submit exhibits as evidence to support a motion, an opposition, or a reply, as required by LBR 9013-1(c). CONTESTED MATTERS: Evidence | Central District of California | United States Bankruptcy Court When exhibits are to be used along with live testimony in an adversary proceeding trial or in a contested matter, Judge Bluebond will issue a trial procedures order explaining how exhibits should be transmitted to the Court and introduced at trial. # 11 What to Put in An Order Granting a Motion Section 1-15 of The Central Guide provides guidance for lodging an order. See Orders: Judgments: Electronic LODGING: Attorneys: LOU | Central District of California | United States Bankruptcy Court Additional guidance: (1) Link the order to the proper motion, stipulation, or other request for relief. (2) In the caption, indicate the document being ruled on, such as “order granting/denying motion . . . ” (3) Do not include the word, “Proposed” in the caption of the order. (4) Where possible, use the Court’s Lodged Order Upload Program: LOU (Lodged Order Upload) | Central District of California | United States Bankruptcy Court (5) Remember to file a notice of lodgment. (Filing the notice and actually lodging the order are two separate steps. Merely filing an order with a notice of lodgment attached is NOT the same thing as lodging the order. Filing an order will merely cause the unsigned form of order to appear on the docket. It will not be presented to the judge for review, signature or entry.) # 12 Procedures for Settlements, Including Dismissal of a Dispute Sometimes a dispute gets settled and the moving party decides not to continue pursuing relief. In such a case, the movant can file a notice of voluntary dismissal unless a stipulation is needed. See section 9013-1(k) of The Central Guide found at: Motions: Voluntary DISMISSAL or Stipulation to Dismiss | Central District of California | United States Bankruptcy Court FRBP 9019(a) provides that a trustee may settle a matter by filing a separate motion to approve a compromise. See LBR 9019-1, made effective on 10-21-2024, and Section 9019-1 of The Central Guide found at: Settlement; Compromise of Controversy; Motion Required; Notice on Related Adversary Proceeding | Central District of California | United States Bankruptcy Court LBR 9019-1 clarifies that: 1. The proceeding to settle or compromise a dispute qualifies as a contested matter. 2. The motion to compromise must be filed on the docket of the main case, even if the compromise will settle part or all of an adversary proceeding. 3. The notice of motion and the motion to compromise must indicate whether the 4. compromise settles all claims against all parties, or whether any parties or claims remain in the dispute. If the compromise is within an adversary proceeding, a notice must also be filed in the adversary proceeding to indicate that a motion to compromise has been filed on the main case docket. # 13 Procedures in Adversary Proceedings Judge Bluebond’s procedures applicable to adversary proceedings may be found here: C:\Documents and Settings am\Local Settings\Temp\Domino Web Access\StatusConfProc.wpd. Although LBR 7016-1(b)(3) contemplates two possible ways to propose a pretrial order, as set forth in Judge Bluebond’s Judicial Variance Statement, parties should not file a joint pretrial stipulation. Instead, they should lodge a proposed joint pretrial order that includes all of the information described in LBR 7016-1(b)(2) and should file a notice of lodgment of that order. # 14 Procedures in Chapter 11 Cases At the beginning of each chapter 11 case, Judge Bluebond enters an Order Setting Initial Chapter 11 Status Conference that requires, among other things, service of the order and the filing of a case status report. At the initial status conference, Judge Bluebond typically sets deadlines for filing proofs of claim. It is not necessary to file a motion asking Judge Bluebond to set a bar date. Conditional Approval of Disclosure Statement: As set forth in Judge Bluebond’s Judicial Variance Statement, Judge Bluebond does not conditionally approve disclosure statements and, unless both solicitation and voting occurred prepetition, does not combine hearings on disclosure statements and plans. Form of Plans: Unless Judge Bluebond expressly instructs a plan proponent to use a particular form of plan or disclosure statement, the use of a form plan or disclosure statement is not required. However, if a plan proponent elects to use a form plan or disclosure statement, the plan proponent should delete or cross-out any portions of the form that are not applicable to the case. Merely checking a box labeled “not applicable” is not sufficient. # 15 What if My Opponent Won’t Cooperate in Legal Discovery? Judge Bluebond requires parties to comply with requirements of LBR 7026-1(c) when a discovery dispute arises. See section 7026-1(c) of the Central Guide for more explanation. DISCOVERY: Resolve Disputes about Discovery Process | Central District of California | United States Bankruptcy Court # 16 Participating in the Court’s Loan Modification Management Program Our court has a program for debtors who own real property that is at risk of foreclosure. It is called the "Loan Modification Management Program" because there is a company that manages a portal where documents are submitted and stored. The short term for the program is "LMM Program." The purpose of the program is for lenders and debtors to work together in a supervised manner to hopefully avoid the foreclosure process. A debtor whose case is assigned to Judge Bluebond may participate in the LMM program. See section 3-10 of The Central Guide for the LMM procedures and LMM forms. Special Tab: LOAN MODIFICATION MANAGEMENT PROGRAM | Central District of California | United States Bankruptcy Court # 17 Court Mediation Program vs. Judicial Settlement Conferences The Bankruptcy Court’s Mediation Program was created in coordination with local bar associations to help parties involved in a bankruptcy case or adversary proceeding to resolve their disputes for free or at low cost. The mediation program is available to parties who voluntarily agree to participation in mediation or who are ordered to participate in mediation by a judge within the Central District of California. The applicable procedures and forms may be found in section 1-14 of the Central Guide: MEDIATION Program: Alternate Dispute Resolution | Central District of California | United States Bankruptcy Court Judge Bluebond may be willing to serve as a settlement judge over disputes presided over by other bankruptcy judges if the circumstances are such that the bankruptcy court’s mediation program is not likely to produce a settlement. You may request that Judge Bluebond serve as a settlement judge in a matter pending before another judge by emailing her chambers at [email protected] or by calling 213-894-8980 or 213-894-8981. Please include in your message the names of the parties involved, a brief summary of the dispute, the case or adversary proceeding number(s), the name of the judge before whom the matter is pending, an estimate as to the likely length of the mediation, the time frame within which the mediation needs to occur and why the matter requires the services of a settlement judge rather than a panel mediator.
=== Judicial Variance Statement for Judge Sheri Bluebond Regarding LBR's, The Central Guide and Forms ===
Judicial Variance Statement for Judge Sheri Bluebond Bankruptcy Judge Bluebond enforces all provisions of the Local Bankruptcy Rules and requires the use of all mandatory court forms, subject to the following exceptions and additions: 1. LBR 3017-2(b)&(c)– Conditional Approval of Disclosure Statements Judge Bluebond does not conditionally approve disclosure statements and, unless both solicitation and voting occurred prepetition, does not combine hearings on disclosure statements and plans. Requests for conditional approval of disclosure statements pursuant to LBR 3017-2(b) will be denied. 2. LBR 3020-1 – Chapter 11 Plan Confirmation Unless Judge Bluebond expressly instructs a plan proponent to use a particular form of plan or disclosure statement, the use of a form plan or disclosure statement is not required. However, if a plan proponent elects to use a form plan or disclosure statement, the plan proponent should delete or cross-out any portions of the form that are not applicable to the case. Merely checking a box labeled “not applicable” is not sufficient. 3. LBR 4003-2 – Lien Avoidance If the debtor or other party in interest believes that a lien should be bifurcated into secured and unsecured portions or that it may be avoided entirely due to the value of a piece of collateral, any party in interest may bring a motion to value the collateral pursuant to Federal Rule of Bankruptcy Procedure 3012 and obtain a valuation of the property. However, any lien avoidance that may be appropriate in light of the resulting valuation must be accomplished through confirmation of a plan of reorganization that provides for such avoidance. 4. LBR 5003-2(c) – Confidential Court Records Notwithstanding the provisions of LBR 5003-2(c)(1), a party seeking permission to file documents under seal should not present the documents to be sealed along with the motion that seeks authority to file them under seal. To the contrary, no documents should be presented to the Court for filing under seal unless and until the Court has granted a motion for authority to file documents under seal. Further, the motion for authority to file documents under seal should be filed electronically and should include as an exhibit or a separately-filed appendix (also filed electronically) the documents that the party seeks to file under seal with the confidential portions redacted. The motion for authority to file under seal should describe, without disclosing the confidential information itself, the nature of the information that the party asserts is confidential and why the information should not be publically disclosed. If and when the Court grants the motion for authority to file documents under seal, unredacted versions of the documents should be presented for filing under seal along with an entered copy of the order authorizing the sealed filing. Updated: February 24, 2022 1 5. LBR 7016-1(b)(3) –Pretrial Trial Order Parties should not file a joint pretrial stipulation. Instead, they should lodge a proposed joint pretrial order that includes all of the information described in LBR 7016-1(b)(2) and should file a notice of lodgment of that order. 6. LBR 7055-1 -- Default Motions for default judgment should be set for hearing and should include not only the information and supporting evidence set forth in LBR 7055-1, but also sufficient admissible evidence to establish all the elements of plaintiff’s case in chief. 7. LBR 9013-1(j) – Appearance at Hearing In most cases, Judge Bluebond issues tentative rulings 24 to 48 hours prior to the date scheduled for a hearing. These rulings are generally available via the Court's website and its Tentative Rulings mobile app and appear on the calendars posted outside the courtroom and placed on counsel tables inside the courtroom. Please note, however, that, notwithstanding the issuance of a tentative ruling, unless (a) Judge Bluebond's chambers or calendar clerk has confirmed that no appearance is necessary or (b) the tentative ruling itself states that no appearance is necessary, appearances are required. A moving party's failure to attend the hearing on its own motion will result in denial of the motion for failure to prosecute and may result in the imposition of sanctions. An opposing party that fails to attend the hearing on a motion that it has opposed will be deemed to have withdrawn its opposition to the motion and to have consented to the relief requested therein. 8. LBR 9021-1(b) Notwithstanding LBR 9021-1(b)(1)(B), which prohibits lodging an order prior to a hearing or trial, a party may, if it so desires, file and serve a notice of lodgment and lodge a proposed form of order before a hearing or trial. In the alternative, a party may wish to attach a proposed form of order as an exhibit to a motion, opposition or reply. If the prevailing party at a hearing or trial has elected to serve its proposed form of order in one of the foregoing ways in advance of the hearing or trial, any parties in attendance at the hearing must raise orally at the hearing or trial any objections that they may have to the form of order proposed by the prevailing party. If no objections are raised at or before the time of hearing or trial to the form of order proposed by the prevailing party, the court may deem any such objections to have been waived. Although LBR 9021-1(b)(3)(B) gives an opposing party 7 days after service of a proposed form of order to object to the form thereof, Judge Bluebond may not wait 7 days before approving proposed orders for entry. Therefore, if you object to the form of a proposed order lodged after a hearing or trial, you must (1) call Judge Bluebond’s chambers at 213-894-8980 within 24 hours after receipt of the notice of lodgment to notify chambers that you intend to object and (2) file and serve your objection, together with your alternate proposed form of order as required by LBR 9021-1(b)(3)(B), within such deadline as the court may establish for the filing of your objection. (If no one Updated: February 24, 2022 2 answers the telephone when you call for this purpose, leave a detailed message that includes the following information: who you are; who you represent; the name and number of the case or adversary proceeding in which the order to which you plan to object was lodged; the date the order was lodged; the caption of the order; and a telephone number at which you may be reached.) Notwithstanding the foregoing, if an objection to the form of a proposed order is filed after entry of an order but within 7 days after the lodging of a proposed order, and Judge Bluebond concludes that the objection is meritorious and that it would be inequitable to overrule the objection on procedural grounds for failure to comply with the preceding paragraph, Judge Bluebond may issue an amended or modified form of order to remedy any concerns raised by the objection that she deems meritorious. Updated: February 24, 2022 3
=== Official Policy for the Use of Electronic Devices ===
POLICY OF JUDGE BLUEBOND CONCERNING THE USE OF ELECTRONIC DEVICES IN THE COURTROOM 1. Electronic devices, such as a smart phone, tablet, laptop computer, or a similar functioning device having wireless communications capability may be brought into and used within the courtroom. The courtroom has wireless internet service and the password may be secured from the Courtroom Deputy. 2. Telephone ring tones and other functional sounds produced by devices (including, but not limited to, “vibrate”) MUST be disabled while in the courtroom. Only quiet keyboards may be used in the courtroom. 3. No person may use such devices within the courtroom to make or receive telephone calls, or to take photographs, or for audio or video recording or transmission, absent prior approval of the court. 4. Persons may use such devices to take notes, transmit and receive data communications, and access the Internet, but MUST NOT use such devices to transmit accounts of proceedings through social networks, blogs, or similar platforms nor to communicate with attorneys, parties, or witnesses during ongoing court proceedings. 5. Media members may transmit written accounts of the proceedings to a wider audience using various means. Media members MUST NOT use these devices for telephone calls, photographs, or audio or video recording or transmission. 6. The court reserves the right, at any time, (a) to prohibit or further restrict the use of such devices by all persons prior to or during a proceeding when necessary to protect the rights of the parties or to assure the orderly conduct of the proceedings; and (b) to prohibit or further restrict the use of such devices by any person abusing the privilege to use an electronic device in the courtroom under this policy.
=== Procedures Concerning Motions for Relief from Stay in Dismissed Cases ===
PROCEDURES CONCERNING MOTIONS FOR RELIEF FROM STAY IN DISMISSED CASES 8/22/05 Bankruptcy cases are generally dismissed as a matter of course by the clerk’s office if the debtor fails to file complete case commencement documentation, schedules or other required documents in a timely manner. These dismissals occur even if, prior to the date of the dismissal, a party in interest has filed a motion for relief from the automatic stay in the case. The order and notice of dismissal generated by the clerk’s office provides that, “The case is dismissed, the automatic stay is vacated, and all pending motions and adversary proceedings are moot and dismissed.” In most instances, termination of the automatic stay resulting from dismissal will provide sufficient protection to the party that moved for relief from the automatic stay to obviate the need for the Court to proceed to hearing on the motion. However, if the moving party requests extraordinary relief or a 180-day bar on the debtor’s refiling, the moving party may wish to proceed to hearing on its motion notwithstanding the dismissal in an effort to obtain these forms of extraordinary relief. Therefore, in order to provide an opportunity for the moving party in such cases to proceed to hearing on its motion notwithstanding the dismissal, while ensuring that the debtor and other parties in interest receive adequate notice of the movant’s intention to proceed notwithstanding the dismissal, Judge Bluebond has adopted the following procedures: Any motion for relief from stay filed prior to the dismissal of a case that has not been resolved before the dismissal of the case will be denied as moot, unless (a) the moving party requested extraordinary relief in its original moving papers and (b) the moving party does both of the following: 1. Serves the following on the debtor, counsel for the debtor (if any), any trustee appointed in the case, the United States Trustee and all other parties entitled to receive notice of the hearing on its motion within 2 business days after the moving party’s receipt of notice that the case has been dismissed: (a) a written notice, advising the parties that the moving party intends to proceed to hearing on its motion for relief from stay notwithstanding dismissal of the underlying case, and setting forth the date, time and place of the hearing on the motion; and (b) a copy of this local, local rule. 2. Files with the court, at or before the commencement of the hearing on the motion, a declaration under penalty of perjury evidencing that it has served the documents described in paragraph 1 above in a timely manner upon the appropriate parties. Provided the moving party satisfies the foregoing conditions, Judge Bluebond will hear the motion for relief notwithstanding dismissal of the underlying case and, if the motion is granted, will vacate the dismissal of the underlying bankruptcy case to the extent necessary to permit the entry of an order granting the motion.
=== Procedures for Auction Sales ===
9/13/17 JUDGE SHERI BLUEBOND’S PROCEDURES FOR AUCTION SALES 1. Approval Process: Parties seeking approval of auction procedures may elect to bring a separate motion for approval of such procedures in advance of the sale motion pursuant to LBR 6004-1(b) or to include a request for approval of the sale procedures in the sale motion itself, but parties should be aware that, if advance approval is not sought, it may be more difficult for the movant to persuade the Court to approve a break-up fee or expense reimbursement for a stalking horse or to preclude someone from bidding on the ground that they have not complied with the proposed sale procedures. 2. Auction Location/Identity of Auctioneer: If the parties so request, Judge Bluebond is generally willing to conduct an auction herself on the record at the time of the hearing on the sale motion or to permit the movant to conduct the sale at another location and/or time. If the sale is conducted outside of court, the movant need not provide the court with a transcript of the auction proceedings in order to obtain approval of the sale. A report from movant as to the outcome of the auction will generally suffice. 3. Conduct of Bidding: Parties will be required to comply with any bidding procedures approved by the Court, including any minimum overbid increments. (However, parties are always welcome to increase their bids by more than the minimum required overbid increment, should they so desire.) A bidder may elect to stop bidding at any time and then resume bidding later in the auction process, so long as the auction has not been concluded by that point. 4. Willingness to Make Exceptions: Movant may propose any auction procedures that movant considers reasonable and appropriate under the circumstances for a given sale. Judge Bluebond will consider all requests for approval of proposed auction procedures on a case-by- case basis. 5. Break-up Fees and Expense Reimbursements: a. As one of the justifications for approval of a breakup fee for a stalking horse is to reimburse the stalking horse for the costs that it has incurred in serving as a stalking horse, as a general rule, Judge Bluebond is reluctant to approve both an expense reimbursement and a bust-up fee. b. In approving expense reimbursements, Judge Bluebond prefers to approve the reimbursement of the stalking horse’s actual expenses up to a maximum amount or cap, rather than to approve a “flat fee” expense reimbursement that doesn’t require a showing that any expenses have actually been incurred. 1 Procedure for Auction Sales c. In larger cases, Judge Bluebond rarely approves a breakup fee of more than 1 to 4 percent. In smaller cases, she may approve a larger percentage in order to provide sufficient incentive for someone to serve as the stalking horse. d. Judge Bluebond may be willing to make an exception to any of these rules for cause shown in an appropriate case. 6. Backup Bidders: With the consent of the backup bidder, parties may include provisions in a sale order that require the backup bidder to perform in the event the successful bidder fails to close a transaction, but Judge Bluebond prefers to approve provisions in a sale order that create an option for a backup bidder to purchase at a set price if the successful bidder defaults. In such an instance, if the successful bidder fails to close in a timely manner, the movant notifies the backup bidder that it has a very short window of time within which to elect to perform, sign the asset sale agreement and return its deposit. Provided the backup bidder exercises this option, the parties need not return to court to obtain approval of a sale to the backup bidder. If the backup bidder and the movant agree to a sale of the assets on terms different from those contemplated by the existing sale order, the movant will need to seek approval of the new sale. 7. Good Faith Findings: As a general rule, a declaration from the movant as to the manner in which the purchaser was located and the arms-length nature of the negotiations will suffice to establish the showing necessary to obtain a good faith finding under section 363(m); however, if it appears that there may be connections or facts and circumstances of which movant may not be aware, the Court may require a declaration from the purchaser as well. The Court is unlikely to require live testimony from the successful bidder unless the facts and circumstances suggest that collusion, either among bidders or as between the successful bidder and the debtor or its insiders, may have occurred. 8. Rule 6004(h): If no one has objected to the sale or any objections to the sale have been resolved consensually by the conclusion of the sale hearing, Judge Bluebond is generally willing to include a waiver of the 14-day stay of Fed. R. Bankr. Proc. 6004(h) in the sale order, provided that such relief was sought in the sale motion. 2 Procedure for Auction Sales
=== Procedures on Orders, Tentative Rulings and Judge's Copies ===
JUDGE SHERI BLUEBOND’S PROCEDURES ON ORDERS, TENTATIVE RULINGS AND JUDGE’S COPIES 1. 2. 3. 4. All orders that are capable of being lodged electronically shall be lodged via the Court’s electronic Lodged Order Upload (“LOU”) system. Orders should not be lodged more than 2 days prior to the hearing on which they relate unless otherwise instructed by the Court. The Court prepares orders following hearings on Motions for Relief from Stay. Please do not lodge an order relating to a hearing on a Motion for Relief from Stay unless otherwise instructed by the Court. In most cases, Judge Bluebond issues tentative rulings 24 to 48 hours prior to the date scheduled for a hearing. These rulings are generally available via the Court’s webPACER service and appear on the calendars posted outside the courtroom and placed on counsel tables inside the courtroom. Please note that, even if Judge Bluebond has issued a tentative ruling for a given hearing, unless (1) Judge Bluebond’s chambers or calendar clerk has confirmed that no appearance is necessary or (2) the tentative ruling itself states that no appearance is necessary or that appearances have been waived, appearances are required. A moving party’s failure to attend the hearing on its motion will result in denial of the motion for failure to prosecute and may result in the issuance of an order to show cause re sanctions. An opposing party who fails to attend the hearing on a motion that it has opposed will be deemed to have withdrawn its opposition to the relief requested in the motion. 5. As specifically described in LBR 5005-2(d) and The Central Guide 2-02, Judge’s Copies are required for all documents exceeding 25 pages, including exhibits. (Revised 5/3/2024)
=== Risks Associated with the Use of AI Tools To Generate Documents For Filing With the Court ===
RISKS ASSOCIATED WITH THE USE OF AI TOOLS TO GENERATE DOCUMENTS FOR FILING WITH THE COURT Please be aware that AI tools may generate text that appears authoritative but is incorrect, incomplete, outdated, or inapplicable to the facts or law of a particular case. As a result, AI may provide unreliable legal advice. AI tools may also generate fabricated or non-existent content, including "hallucinated" case citations, quotations, statutes, rules, docket entries, or procedural requirements. More specifically, AI-Generated materials may: • misstate or omit controlling authority, including binding precedent or applicable rules; • provide inaccurate citations, incorrect quotations, or citations to cases that do not exist; • confuse jurisdictions, courts, or procedural rules, including rules that do not apply in the Central District of California; • mischaracterize the record, the relief requested, deadlines, or the effect of an order; • include unsupported factual assertions, improper evidentiary statements, or conclusory allegations; • produce inconsistent statements across sections of the same document; and • create formatting or content that does not comply with applicable rules or Court requirements. Therefore, before filing any document prepared with the assistance of an AI tool, the filer should conduct a careful, line-by-line review to confirm that the document is accurate, complete, and well-founded. At a minimum, the filer should confirm all of the following: • • • • • that every cited case, statute, rule, and quotation exists and is accurately quoted and properly cited; that the cited authority applies in the Central District of California and to the specific procedural posture and facts of the case. that all factual statements are true, supported by the record, and consistent with any declarations or exhibits; that the relief requested is authorized and clearly stated; and that the document complies with applicable federal and local rules, Court orders and filing requirements. Please note that the filing of documents that contain inaccurate citations, fabricated authorities, misstatements of law, or unsupported factual assertions may result in adverse consequences, including: the imposition of sanctions, monetary or otherwise; denial of the requested relief; or any other consequence that the Court deems appropriate under the circumstances. a. .
=== Status Conference Procedures ===
3/12/09 JUDGE SHERI BLUEBOND’S STATUS CONFERENCE PROCEDURES A thorough, written status report, filed 14 days in advance, is required before each chapter 11 and adversary status conference, unless one of the following is true: 1. the matter is an adversary proceeding and, prior to the date scheduled for the status conference, the parties have filed and the court has entered an order approving a stipulation that resolves all issues raised by the adversary proceeding and provides either for dismissal of the action in its entirety or the entry of judgment in the action; 2. the matter is an adversary proceeding, defaults have been entered as against all defendants and the plaintiff has filed and served a motion for default judgment prior to the date scheduled for the status conference; 3. the parties have filed and, prior to the date scheduled for the status conference, the court has entered an order approving, a stipulation continuing the status conference to a later date (in which case a written status report must be filed not less than 10 court days in advance of the continued status conference date); or 4. The Court has expressly relieved the parties of the obligation to file a written status report. In adversary proceedings, use of the court-approved forms is recommended. Please note also that, pursuant to Local Bankruptcy Rule 7016-1(a)(3), if a defendant has not responded to the complaint or fails to cooperate in the preparation of a joint status report, the plaintiff is required to file a unilateral status report not less than 10 days before the date scheduled for the status conference, which report should include a declaration setting forth the attempts made by the plaintiff to contact or obtain the cooperation of the defendant in the preparation of a joint status report. Unless one of the four exceptions outlined above applies, Judge Bluebond expects parties to file status reports in a timely manner. Parties that fail to do so will be subject to a minimum sanction of $150, or such other sanctions as may be warranted under the circumstances or allowed under Local Bankruptcy Rule 7016-1(f). Failure to appear for a status conference in an adversary proceeding may result in a minimum sanction of $250, dismissal of the adversary proceeding for failure to prosecute or such other sanctions as may be warranted under the circumstances or allowed under Local Bankruptcy Rule 7016-1(f). N\mydocs\wp\wendy\statconfproc
=== Telephonic Appearances Procedures ===
PROCEDURES REGARDING TELEPHONIC AND VIDEO APPEARANCES BEFORE THE HONORABLE SHERI BLUEBOND ZoomGov connection information for each hearing is provided on Judge Bluebond’s publicly-posted hearing calendar, which may be viewed online at: http://ecf- ciao.cacb.uscourts.gov/CiaoPosted/. (Use the tab on the far left to select Judge Bluebond.) Unless otherwise ordered by Judge Bluebond in a particular case or proceeding, PARTIES, THEIR ATTORNEYS, WITNESSES AND INTERPRETERS MAY ATTEND HEARINGS IN ALL MATTERS PENDING BEFORE JUDGE BLUEBOND EITHER IN PERSON (IN COURTROOM 1539) OR BY ZOOMGOV VIDEO OR ZOOMGOV AUDIO. MEMBERS OF THE PUBLIC AND THE MEDIA, HOWEVER, MAY ONLY CONNECT TO THE ZOOM AUDIO FEED BY TELEPHONE. ACCESS TO THE VIDEO FEED BY SUCH PERSONS IS PROHIBITED. FURTHER, EVEN AUDIO ACCESS TO MEMBERS OF THE PUBLIC AND THE MEDIA IS PROHIBITED FOR TRIALS, EVIDENTIARY HEARINGS AND ALL MATTERS IN WHICH THERE IS LIVE WITNESS TESTIMONY. IN SUCH INSTANCES, MEMBERS OF THE PUBLIC AND THE MEDIA REMAIN FREE TO OBSERVE SUCH PROCEEDINGS IN PERSON IN COURTROOM 1539. A ZoomGov account is not necessary for remote access, and no pre-registration is required. Remote access through ZoomGov is free of charge. The audio portion of each hearing will be recorded electronically by the Court and constitute its official record. ALL PERSONS (OTHER THAN AUTHORIZED COURT STAFF) ARE STRICTLY PROHIBITED FROM MAKING ANY AUDIO OR VIDEO RECORDING OF COURT PROCEEDINGS, BY ANY MEANS. VIOLATION OF THIS PROHIBITION MAY RESULT IN THE IMPOSITION OF MONETARY AND NON-MONETARY SANCTIONS. Remote access is a privilege. Judge Bluebond reserves the right to suspend or discontinue any party's remote access privileges in her discretion. Further, although Judge Bluebond is pleased to make this accommodation available, any party or counsel that elects to appear remotely bears the risk of malfunction or disconnection from the hearing. If you wish to appear remotely, a written list of the matter(s) on which you will be making a telephonic or ZoomGov video appearance should be provided to the Court via email to [email protected] (link sends e-mail) not later than 3 p.m. on the day prior to the hearing and must contain (i) the date, time and calendar number(s) of the hearing(s) in the subject line of the email and (ii) all of the following information within the body of the email: 1. the name of the case and the bankruptcy case number (and adversary number, if applicable); 2. the date and time of the hearing; 3. the calendar number assigned to the matter (or, if a calendar number has not yet been assigned, then a statement so stating); 4. who the party appearing by telephone or video represents; and 5. contact information, including email address and telephone number. Tips for a Successful ZoomGov Experience 1. Test the video and audio capabilities of your computer or mobile device in advance of the hearing (i.e., at least one day in advance). You can do this by clicking on the ZoomGov meeting link posting for the hearing and/or check your video and audio using the ZoomGov app. 2. If you intend to speak at the hearing, please find a quiet place from which to participate. 3. If you are connecting to the hearing using a wireless device, you should situate yourself in a location with a strong wireless signal. 4. Unless and until it is your turn to speak, please mute your audio to minimize background noise. (If connected to ZoomGov audio by telephone, you can mute or unmute your connection by pressing *6 on your phone.) 5. When you first speak—and each time you speak after someone else has spoken—please say your name. This may seem awkward but is essential to making a good court record. The only part of the hearing being recorded is the audio. If a transcript is requested, it is sometimes difficult for the transcriber to know who is speaking. 6. If you are participating by video, try to avoid having a window or bright background behind you. (You may, as a result, appear on video as a shadow.) If you cannot avoid the bright background, try using a desk lamp or other light source to brighten your face. 7. If available, a headset-microphone often provides better sound quality for listening and speaking. 8. Participants should at all times remember that although conducted remotely, these hearings are official court proceedings, and individuals should act accordingly. a. If video is enabled, please wear attire consistent with the decorum of court proceedings. b. ZoomGov permits the use of virtual backgrounds to safeguard your privacy. If you choose to use a virtual background, please avoid backgrounds that are offensive, distracting or political in nature. 9. ZoomGov video participants are permitted to specify a display name. If using video, please specify your complete name to assist the Court in creating a record of the proceedings.
=== Appointed February 1, 2001 by the United States Court of Appeals for the Ninth Circuit ===
Media Release United States Courts for the Ninth Circuit Office of the Circuit Executive Contact: David J. Madden web: www.ce9.uscourts.gov P.O. Box 193939 San Francisco, CA 94119 (415) 556-6177/FAX -6179 January 17, 2001 PHOTO AVAILABLE Ninth Circuit Court of Appeals Appoints Attorney Sheri Bluebond to Bankruptcy Bench for Central District of California LOS ANGELES — Chief Judge Mary M. Schroeder of the United States Court of Appeals for the Ninth Circuit has announced the appointment of Sheri Bluebond to the United States Bankruptcy Court for the Central District of California, effective February 1, 2001. She will replace Bankruptcy Judge Lisa Hill Fenning, who resigned to accept a position in the private sector. Judge Bluebond’s 14-year term will expire in 2015. She plans to maintain chambers in Los Angeles. Prior to her appointment, Judge Bluebond engaged in private practice, specializing in bankruptcy law. She was a partner in the Los Angeles law firm of Irell & Manella LLP (1995 to present), and had been associated previously with the law firms of Murphy, Weir & Butler (1991-95) and Gendel, Raskoff, Shapiro & Quittner (1983-91), both of Los Angeles. An alumnus of the University of California at Los Angeles, Judge Bluebond earned her undergraduate degree in 1982, graduating summa cum laude, and her J.D. in 1985, finishing first in her class and serving on the Law Review. Judge Bluebond is associated with various bankruptcy law organizations. She is the current chair Bankruptcy Committee and a member of the executive committee of the Commercial Law and Bankruptcy Section of the Los Angeles County Bar Association; the secretary of the Southern California chapter of the Turnaround Management Association; and a former member of the boards of governors of the Financial Lawyers Conference and Los Angeles Bankruptcy Forum. She also is a trustee and current vice-president of the Jewish Big Brothers/Camp Max Straus. - more - Judge Bluebond has written a number of bankruptcy-related articles in legal publications, most recently “To File or Not to File,” American Bar Association Journal (July 1999) and “Assessing the Usefulness of Chapter 11 Filing,” Business Workouts Manual (Supp. 1999). The judges of the United States Court of Appeals for the Ninth Circuit are charged with the statutory responsibility for selecting and appointing the 68 bankruptcy judges in the nine western states that comprise the Ninth Circuit. The court uses a comprehensive merit selection process for the initial appointment and for the reappointment of bankruptcy judges. Bankruptcy judges serve a 14-year, renewable term at a salary of $133,492, and handle all bankruptcy-related matters under the Bankruptcy Code. # # #
=== Reappointed February 1, 2015 by the United States Court of Appeals for the Ninth Circuit ===
N E W S R E L E A S E December 17, 2014 Contact: David Madden, (415) 355-8800 Two Judges Reappointed to U.S. Bankruptcy Courts for Central, Northern California SAN FRANCISCO – Chief Judge Sidney R. Thomas of the United States Court of Appeals for the Ninth Circuit announced today the reappointments of Chief Bankruptcy Judge Alan Jaroslovsky to the U.S. Bankruptcy Court for the Northern District of California and Bankruptcy Judge Sheri A. Bluebond to the U.S. Bankruptcy Court for the Central District of California. Judge Jaroslovsky, 66, has served on the Northern District bankruptcy court since 1987. He was reappointed in 2001 and has been serving as the court’s chief judge since 2011. His new term is effective January 5, 2015. Prior to his appointment to the bench, Judge Jaroslovsky maintained a solo bankruptcy practice in Santa Rosa, California. He is a former professor of law and past president of the Sonoma County Bar Association. Judge Jaroslovsky has lectured and written extensively on bankruptcy law and procedure. He is the author of “Practical Bankruptcy Procedure” as well as article published in the Continuing Education of the Bar, or CEB, Litigation Reporter, the California Real Property Law Journal, and the California State Bar Journal. A Navy veteran of the Vietnam War, Judge Jaroslovsky received his B.A. from the University of California, Los Angeles, in 1970 and his J.D. in 1977 from Golden Gate University, School of Law, where he was on the staff of the law review. The U.S. Bankruptcy Court for the Northern District of California, which is authorized nine bankruptcy judges, reported 15,430 new filings in fiscal year 2014. Judge Bluebond, 53, who maintains chambers in Los Angeles, came onto the bankruptcy bench in February 2001. Her reappointment to a second 14-year term is effective February 1, 2015. –more– Prior to her appointment, Judge Bluebond had engaged in private practice as a partner at the Los Angeles law firm of Irell & Manella LLP, where she had specialized in bankruptcy law since 1995. She was associated previously with the Los Angeles law firms of Murphy, Weir & Butler from 1991 to 1995 and Gendel, Raskoff, Shapiro & Quittner from 1983 to 1991. Judge Bluebond received her B.A., summa cum laude, from the University of California, Los Angeles, in 1982 and her J.D., Order of the Coif, from the UCLA School of Law in 1985, finishing first in her class and serving on the UCLA Law Review. Judge Bluebond is a fellow of the American Bankruptcy College and serves on the Executive and Bankruptcy committees of the Commercial Law and Bankruptcy Section of the Los Angeles County Bar Association. She serves as a frequent lecturer and panelist on various topics of bankruptcy law. The U.S. Bankruptcy Court for the Central District of California, which is authorized 24 bankruptcy judges, reported 60,545 new filings in fiscal year 2014. Bankruptcy judges serve a 14-year renewable term and handle all bankruptcy-related matters under the U.S. Bankruptcy Code. Judges of the U.S. Court of Appeals for the Ninth Circuit have statutory responsibility for selecting and appointing bankruptcy judges in the nine western states that comprise the Ninth Circuit. The court uses a comprehensive merit selection process for the initial appointment. For reappointments, the court conducts a performance review and considers public comment evaluations. # # #