=== LOU Procedures ===
Effective February 1, 2022 LODGED ORDER UPLOAD PROCEDURES FOR THE HON. SCOTT H. YUN The court is accepting electronic orders for all judges through the Lodged Order Upload (“LOU”) program. All LOU orders, as with paper orders, must comply with Local Bankruptcy Rule (“LBR”) 9021-1. Please refer to LBR 9021-1(b) and The Central Guide Section 4/9004-1/TCG Supplement: Form and Format of Documents for instructions and the form of a proposed order. I. COMMON PROBLEMS WITH LOU ORDERS Below are some common problems with LOU Orders. Orders with the following problems WILL NOT be processed or entered: • No notice of lodgment when a written opposition to the underlying matter was filed. • No Declaration That No Party Requested a Hearing on Motion [F 9013-1.2.NO REQUEST.HEARING.DEC] when the motion is filed under or requires notice under LBR 9013-1(o). • Formatting does not allow chambers to edit or correct the proposed order. II. PLEASE ALSO NOTE • When a debtor consents to granting a motion on the modified terms set forth in the chapter 13 trustee’s comments on debtor’s motion, Judge Yun requires those terms to be inserted into the order directly below the check-box for “Granted on the terms set forth in the chapter 13 trustee’s comments on or objection to Debtor’s motion.” Please see Judge Yun’s Judicial Variance Statement for more information. • Court-approved forms may not be altered or re-created other than to add appropriate language in the spaces provided or to add attachments. LBR 9009-1(b). Please use the form orders in Word format on the court’s website. Do not use orders prepared by BestCase or other software providers because they are not an exact match for the court- approved forms. If there is no applicable court-approved form, the formatting rules provided in the Central Guide Section 4/9004-1/TCG Supplement: Form and Format of Documents and LBR 9021-1(b) must be followed. III. JUDGE YUN’S PROCEDURES FOR DEFICIENT ORDERS: If a submitted LOU order has any of the above problems or otherwise fails to comply with applicable bankruptcy rules, Judge Yun’s chambers will provide notice via e-mail through the CM/ECF noticing system to the party who submitted the order. No further notice will be given. The deficient order will be marked unused, being treated as if no order has been submitted. Page 1 of 2 Effective February 1, 2022 Please check your CM/ECF emails for the reason the order was rejected before contacting chambers. The reason for the majority of rejections should be self-evident upon review of the rules and procedures cited in the CM/ECF email. Please contact chambers only if you have a specific question or request for clarification after carefully reviewing the reason for rejection and any rules that are cited. Page 2 of 2
=== Status Conference Procedures ===
Effective August 1, 2020 STATUS CONFERENCE PROCEDURES FOR THE HON. SCOTT H. YUN The court will set an initial status conference in all adversary proceedings and chapter 11 cases. Trial counsel must appear at the initial adversary proceeding status conference in person, and debtor’s counsel must appear at the initial chapter 11 status conference in person. Unless otherwise ordered by the court, parties and counsel may attend subsequent status conferences telephonically in accordance with Judge Yun’s telephonic appearance procedures (which are available on the court’s website, www.cacb.uscourts.gov, by clicking on “Judges,” “Our Judges,” and then the judge’s name). I. STATUS REPORTS A. A thorough, written status report, filed fourteen days in advance of the hearing, is required before every initial or continued adversary proceeding and chapter 11 status conference. For adversary proceeding status conferences, the status report must be a joint status report using Local Bankruptcy Rule Form F 7016-1.STATUS.REPORT. This form is available on the court’s website. Failure to file a joint status report may result in the imposition of monetary sanctions or the status conference being continued and parties being ordered to redo the status report to conform to the Local Bankruptcy Rule form. For chapter 11 status conferences, please do not use the optional form F 2081-1.1.C11.STATUS.RPT. B. Pursuant to Local Bankruptcy Rule (“LBR”) 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 seven days before the date scheduled for the status conference. The unilateral status report shall 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. A status report (either joint or unilateral) is not required only in the following limited circumstances: 1. The matter is an adversary proceeding and, prior to the date scheduled for the status conference, the court has entered an order approving a stipulation that resolves all issues raised by the adversary proceeding that provides either for dismissal of the action in its entirety or the entry of judgment in the action. 2. 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 (a written status report must be filed not less than fourteen days in advance of the continued status conference date). Page 1 of 4 Effective August 1, 2020 3. The court has expressly relieved the parties of the obligation to file a written status report. Unless one of the three exceptions outlined above applies, status reports must be filed in a timely manner. Parties that fail to do so may be subject to a minimum sanction of $500.00, or such other sanctions as may be warranted under the circumstances or allowed under LBR 7016-1(f) and 11 U.S.C. § 105. Failure to appear for a status conference in an adversary proceeding may also result in a minimum sanction of $750.00, dismissal of the adversary proceeding for failure to prosecute, or such other sanctions as may be warranted under the circumstances or allowed under LBR 7016-1(f) and 11 U.S.C. § 105. II. DEFAULT If a response to the complaint is not timely filed, the plaintiff should file a request for entry of default by the clerk. The plaintiff also may request entry of a default judgment by filing and serving (if necessary) an appropriate motion with supporting evidence. See Fed. R. Bankr. P. 7055 and LBR 9021-1(d). III. FINAL JUDGMENT If the parties dispute whether the court can enter a final judgment or order in the adversary proceeding, they must file points and authorities in support of their positions. Any party contending that the court cannot enter a final judgment must file and serve a memorandum of points and authorities, along with evidence, in support of its position no less than fourteen days before the initial status conference. Any response must be filed at least seven days before the initial status conference. If a party does not file and serve its papers in a timely manner, that failure may be deemed consent to whatever determination the court makes. IV. JURY TRIAL Any party claiming a right to trial by jury must make a timely demand as set forth in LBR 9015-2. Any party asserting a right to a jury trial must file and serve a memorandum of points and authorities, along with evidence, in support of its position no less than fourteen days before the initial status conference. Any response must be filed at least seven days before the initial status conference. If a party does not file and serve its papers in a timely manner, that failure may be deemed consent to whatever determination the court makes. V. MISCELLANEOUS FOR ADVERSARY PROCEEDINGS 1. Unless otherwise ordered by the court, within seven days after the initial status conference, the plaintiff must submit a scheduling order. Page 2 of 4 Effective August 1, 2020 2. A copy of these instructions—including LBR Form F 7016- 1.STATUS.REPORT attached as Exhibit A—must be attached to every copy of the complaint served upon a party, and the proof of service must state that a copy of these instructions was served along with a copy of the summons and complaint. Page 3 of 4 Effective August 1, 2020 EXHIBIT A (The plaintiff shall attach a copy of Local Rule Form F 7016-1.STATUS.REPORT here) Page 4 of 4
=== Trial Procedures to Supplement the Local Rules ===
Effective January 1, 2023 TRIAL PROCEDURES SUPPLEMENT TO LOCAL BANKRUPTCY RULES FOR THE HON. SCOTT H. YUN I. PRETRIAL STIPULATION AND ORDER Unless otherwise ordered by the court, the parties must prepare and file a written joint pretrial stipulation pursuant to Local Bankruptcy Rule (“LBR”) 7016-1(b) through (f), not later than fourteen days before the pretrial conference (if one is ordered) or the trial date. The judge’s copy of the pretrial stipulation should be delivered to chambers on the same date it is filed. The pretrial stipulation must contain the statements and information required by LBR 7016-1(b)(2). If a pretrial conference has been set, the parties should lodge an order on the pretrial stipulation after the conference is conducted. If no pretrial conference is set, the parties should lodge an order at the same time the stipulation is filed. In conjunction with the pretrial stipulation and order, the parties must meet and confer not later than twenty-eight days before the pretrial conference (if one is ordered) or thirty-five days before the trial date (if no pretrial conference is ordered) to attempt to stipulate to the authenticity and admissibility of the documents exchanged (without the necessity for live testimony). The court expects the parties to make good faith efforts to resolve all evidentiary issues. II. PRESENTATION OF TESTIMONY Except as otherwise ordered by the court, each party must present the testimony of its witnesses, including expert witnesses, through live testimony in person at the trial. III. MOTIONS IN LIMINE All motions in limine, such as those seeking to exclude items or categories of evidence, Daubert determinations, etc., must be set for hearing on regular notice at least two weeks prior to the commencement of trial. IV. DEADLINES FOR SUBMISSION OF EXHIBITS AND OBJECTIONS A. Plaintiff must file and submit to opposing counsel all exhibits comprising plaintiff’s case in chief not later than twenty-eight days before the trial date. A judge’s copy must be delivered to chambers on the same date that the documents are filed. All exhibits must be assembled in a three-ring binder. See Section V below for more details regarding the submission of exhibits. B. Defendant must file and submit to opposing counsel all exhibits comprising defendant’s case not later than twenty-one days before the trial date. A judge’s copy must be delivered to chambers on the same date that the documents are filed. All exhibits must be assembled in a three-ring binder. See Section V below for more details regarding the submission of exhibits. C. In addition, all exhibits must also be lodged with the Courtroom Deputy not later than seven days before the trial date. Each party must lodge sufficient copies for all parties, the 1 of 3 Effective January 1, 2023 witness stand, and the court recorder. See Section V below for more details regarding the submission of exhibits. D. At trial, each party must also have sufficient copies of any exhibits used for impeachment or rebuttal for the opposing party, witnesses, the court recorder, and the judge. E. Evidentiary objections will be adjudicated at the time an exhibit is offered into evidence or at the time testimony is presented at trial. V. EXHIBITS A. All exhibits must be assembled in a three-ring binder. At least four binders containing all exhibits must be lodged with the Courtroom Deputy not later than seven days before the first trial date. All exhibits must be marked for identification, be separately tabbed, and contain page numbers. Each exhibit must be marked at the bottom-right of the first page of the exhibit. Unless the parties agree upon a unified, joint set of exhibits, plaintiff’s exhibits must be marked in numerical order and defendant’s exhibits must be marked in alphabetical order (e.g., Plaintiff’s Exhibit 1, 2, 3, etc.; Defendant’s Exhibit A, B, C, etc.). If the parties agree on a unified, joint set of exhibits, the exhibits must be marked in numerical order. The court prefers that the parties use a joint set of exhibits if possible. B. Each exhibit binder must include as its first page an exhibit register. A sample exhibit register may be obtained from the court recorder or from the Clerk’s Office and must be procured sufficiently in advance of the trial date to permit the completed register to be available when the exhibit binders are delivered to the court. C. At the commencement of trial, the parties must be prepared to stipulate to admission of all undisputed exhibits. Bona fide objections may be reserved, with the issue of admissibility deferred until the exhibit is offered into evidence. VI. TRIAL BRIEFS Unless otherwise ordered by the court, trial briefs are required. Pursuant to LBR 9013-2, trial briefs must be filed not later than seven days before the trial date. The judge’s copies of the trial briefs should be delivered to Judge Yun’s chambers on the same date they are filed. A party’s trial brief should contain: (1) a concise statement of the facts of the case; (2) all admissions and stipulations; (3) a summary of any relevant procedural history; (4) a summary of the points of law involved with supporting authorities; (5) a summary of the disputed issues of fact and of the testimony that the party plans to introduce to prove its version of the disputed facts; and (6) a brief discussion of any anticipated evidentiary issues or other problems that the party believes are likely to arise at trial. Unless specifically requested by the court, no supplemental trial briefs will be considered. 2 of 3 Effective January 1, 2023 VII. EXCERPTS FROM DISCOVERY DOCUMENTS A. Deposition Transcripts. A party intending to offer evidence by way of deposition testimony pursuant to Fed. R. Civ. P. 32, other than for impeachment or rebuttal, must submit a declaration authenticating the excerpts from the transcript and must comply with LBR 7030-1(b). However, notwithstanding LBR 7030-1(b), the entire original transcript must be filed on the docket not later than the applicable deadline for submission of exhibits set forth in Section IV. B. Other Discovery Documents. Excerpts from interrogatories, requests for admissions, or other discovery documents to be offered at trial, other than those used for impeachment or rebuttal, must be filed pursuant to LBR 7026-2(c) not later than the applicable deadline for submission of declarations, exhibits, and objections set forth in Section IV. VIII. CONTINUANCE OF TRIAL DATE Trials will be commenced promptly at the scheduled date and time. Trial dates will not be continued or vacated absent good cause, on noticed motion, supported by competent evidence. The parties will be contacted and informed whether the continuance has been granted or denied. IX. SETTLEMENT Not later than five days before the trial date, counsel for plaintiff must telephone the Courtroom Deputy at (951) 774–1075 to report: (1) whether the parties intend to go forward with trial as scheduled; (2) if settlement is imminent; (3) whether the time reserved for trial is realistic; and (4) any other relevant information. Stipulations for settlement must be in writing, executed by each party or their counsel, and delivered to chambers before the date of trial. If time constraints prevent reducing a settlement to writing prior to trial, all of the parties or their counsel must (1) advise chambers of the settlement and (2) appear at the time set for trial to recite the stipulation on the record. X. COMPLIANCE Failure to comply with these procedures may result in the imposition of sanctions including, but not limited to, monetary sanctions, removal from the trial calendar, dismissal for failure to prosecute, or the exclusion of evidence (e.g., witnesses who were not timely identified or exhibits that were not timely submitted). The court reserves the right to impose alternate sanctions not listed above as may be warranted by the circumstances of the case. 3 of 3
=== Judicial Variance Statement ===
Effective April 8, 2026 JUDICIAL VARIANCE STATEMENT FOR THE HON. SCOTT H. YUN Judge Yun enforces the Local Bankruptcy Rules (“LBR”), and requires the use of all mandatory court-approved forms, with the following clarifications, exceptions, and additions: I. THE COURT WEBSITE AND THE CENTRAL GUIDE The court website provides a variety of information from a variety of sources that is intended be helpful guidance to those who appear before the court. This includes The Central Guide, which is a collection of links and information. No content on the court website is binding on any individual judge. To the extent that Judge Yun’s procedures refer to the court website or The Central Guide, it is intended to be helpful to the parties and generally illustrative of his interpretation of relevant law and procedures. Judge Yun may deviate from the content on the court website in the event that (1) the guidance provided contradicts his interpretation of applicable law or procedure, or (2) the facts or circumstances of a particular case warrant an alternative action or procedure. II. LOCAL BANKRUPTCY RULES A. LBR 2004-1(a) & (b) (Rule 2004 Examination Motions). The attempts to meet and confer must be done in person or by telephone. Letters, faxes, and emails requesting a meet and confer are not sufficient. All meet and confer attempts must also be in good faith and allow sufficient time to respond before the motion is filed. Once the meet and confer has been initiated in person or by telephone, subsequent communications regarding the details of the examination may be through email or other written communication. Counsel’s declaration relating the attempts to meet and confer must contain specific details such as the date, time, and manner of communication. B. LBR 3015-1(v) (Chapter 13 Attorneys’ Fees). Judge Yun follows the procedures outlined in LBR 3015-1(v) for awarding fees in chapter 13 cases with the following clarifications: 1. Judge Yun generally allows the No Look Fee Maximums for additional services, which are found in The Central Guide, but will evaluate each application on a case-by-case basis and may determine that a lesser fee or no fee is appropriate under the specific circumstances. [The Central Guide Section 4/ 3015-1(v)(2)/ TCG Supplement: Presumptively Reasonable Fees -- Chart -- Chapter 13 Attorneys]. In addition to the “no-look” fee, Judge Yun will generally allow one- half hour of paralegal time for preparing the fee application and obtaining the debtor’s consent, or preparing a detailed declaration concerning multiple attempts to obtain the debtor’s consent. 2. Fee applications with detailed billing records must be filed in each instance where there is no court-approved no-look fee or fees are sought on an hourly basis. Effective April 8, 2026 Detailed billing records identify the name of the person providing the service, their role (i.e. attorney, paralegal), the date, the amount of time spent on each task, and a detailed description of the task. Multiple tasks should not be lumped together even if they are performed on the same date. Separate fee applications should be filed for no-look fee services and services based on detailed billing records. 3. Local Bankruptcy Rule Forms F 3015-1.12.APP.CH13.FEES and F 3015- 1.19.APP.CH13.FEES.DMCON, along with their related form orders, are mandatory in all chapter 13 cases where an attorney seeks additional fees in excess of the flat fee paid under a Rights and Responsibilities Agreement. The Consent and Declaration of Debtor(s) contained within the forms is required unless exigent circumstances prevent execution by the debtor(s). Any exigent circumstances must be explained in the application and supported by admissible evidence. C. LBR 3015-1(w) (Notice of Chapter 13 Motions). In chapter 13 cases, Judge Yun requires compliance with LBR 9013-1(o)(3)(A) for motions and applications that may be filed on notice of opportunity to request a hearing (for which there is no pending opposition or request for a hearing). For purposes of filing the Declaration that No Party Requested a Hearing on Motion, the chapter 13 trustee’s objections or comments are considered resolved, and the motion is deemed unopposed, if the debtor agrees to any proposed modification and uploads a proposed order indicating that the motion or application is being granted subject to that modification. The modified terms must be inserted into the order directly below the check-box for “Granted on the terms set forth in the chapter 13 trustee’s comments on or objection to Debtor’s motion.” The Declaration that No Party Requested a Hearing on Motion must still be filed in accordance with LBR 9013-1(o)(3)(A). D. LBR 3015-1(w)(1)(C) (Motion for Sale or Refinance of Debtor’s Residence). In accordance with LBR 1001-1(d), Judge Yun waives application of LBR 3015- 1(w)(1)(C). All motions for sale or refinancing of the debtor’s residence require compliance with LBR 9013-1(d) or (o) and notice to all creditors. E. LBR 3015-1(w)(3)(A) (Chapter 13 Trustee’s Motions to Dismiss or Modify a Confirmed Plan). Judge Yun strictly enforces LBR 3015-1(w)(3)(A) for setting hearings when a debtor opposes the chapter 13 trustee’s motion to dismiss the case or modify a confirmed plan. The debtor must use Judge Yun’s self-calendaring procedures to select a hearing date for the court’s next available chapter 13 calendar. The hearing date must give the chapter 13 trustee at least seven days’ notice, but must not be more than 30 days after the opposition is filed. Failure to timely set a hearing in accordance with LBR 3015- 1(w)(3)(A) may result in the trustee’s motion being granted without further notice. This includes attempts to set the hearing for a later chapter 13 calendar, whether or not a Notice to Filer is entered on the court docket prior to the seven-day period. F. LBR 3020-1(b) (Chapter 11 Plan Confirmation Order). The following language must be included in any proposed order confirming a chapter 11 plan: Effective April 8, 2026 If the above-referenced case is converted to one under chapter 7, the property of the reorganized debtor, or of any liquidation or litigation trust, or of any other successor to the estate under the plan, that has not been distributed under the plan shall be vested in the chapter 7 estate, except for property that would have been excluded from the estate if this case had always been one under chapter 7. Within 120 days of the entry of this order, [the plan proponent] 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 States trustee, the 20 largest unsecured creditors, and those parties who have requested special notice. Further reports shall be filed every 120 days thereafter and served on the same entities, unless otherwise ordered by the court. A post-confirmation status conference will be held on ________________, 20__ at 1:30 p.m. in Courtroom 302. The identity of the plan proponent should be filled in, but the space for the date of the post-confirmation status conference should be left blank and a date will be selected by the court. G. LBR 5005-2(d) & The Central Guide Section 2-02 TCG Supplement: Serving a Judge’s Copy (Judge’s Copy). 1. All judge’s copies must contain durable tabs and be securely bound with a staple, prong fastener, or other method that is unlikely to be disturbed during the normal processing of paperwork. [LBR 5005-2(d)(1)]. Binder clips and rubber bands are not sufficiently secure to bind judge’s copies. Regular post-it notes are not sufficiently durable to serve as appropriate tabs. 2. All judge’s copies of documents related to a hearing must have the hearing date on the first page. 3. The ECF Receipt or Notice of Electronic Filing should be affixed at the end of the document, and not the front, so that the hearing information and title of the document are not obscured. [LBR 5005-2(d)(2)]. 4. Judge’s copies should be single-sided with one page of text per page, and should be identical to the filed version of the document. 5. Judge’s copies may be mailed (clearly marked as judge’s copies) or delivered to the bin in front of Judge Yun’s courtroom. There are multiple court “runner” services that will deliver judge’s copies to the courthouse. Mail processing and delivery may be delayed by many factors and may not reach chambers for seven to ten days. Effective April 8, 2026 Overnight delivery may take two or three business days to reach chambers. Time- sensitive judge’s copies should therefore be delivered to the bin in front of the courtroom. 6. Please see The Central Guide Section 2-02 TCG Supplement: Serving a Judge’s Copy Section 2.2 for documents that do not require a judge’s copy. 7. In addition to the documents listed in The Central Guide Section 2-02 TCG Supplement: Serving a Judge’s Copy Section 2.2, Judge Yun also does not need a judge’s copy of the following documents: a. Lodged orders or notices of lodgment b. Motions for protective orders using form F 9037- 1.1MOTION.RESTRICT.PERS.ID c. Debtor’s applications for an order confirming that loan modification discussions do not violate the automatic stay using form F 4001.1.6.DEBTOR.APP.LOAN.MOD d. Motions to reopen a chapter 7 or 13 case solely to file a financial management course certification or discharge application, or to file a motion to avoid a judgment lien under 11 U.S.C. § 522(f) e. Chapter 13 applications for supplemental fees of less than $2,775 f. Chapter 13 declarations concerning filing tax returns, payment of domestic support obligations, and secured debt payments g. Mediation applications h. Stipulations to continue hearings WARNING – Judge’s copies are required for all matters that will be heard on the court’s calendar. If the copies are not timely received, the hearing may be vacated without further notice. In that event, a new hearing date must be selected and noticed by the moving party. H. LBR 6004-1(f) (Notice of Sale of Estate Property). Judge Yun enforces the requirement that a Notice of Sale of Estate Property must be submitted to the clerk on the court- approved form for purposes of publication on the court’s website. I. LBR 7016-1(b)(1) and (b)(3) (Pretrial Stipulation). A pretrial stipulation must be filed on the docket, but not separately lodged in LOU. A separate proposed pretrial order must be lodged in LOU. J. LBR 7055-1(b) (Default Judgment). Motions for default judgment should be set for hearing and should include admissible evidence to establish all of the elements of the plaintiff’s case in chief. Please do not upload or lodge a proposed default judgment until after the hearing. K. LBR 7056-1(b)(2) (Summary Judgment). The proposed statement of uncontroverted facts and conclusions of law must be served and filed on the docket but should not be Effective April 8, 2026 lodged in LOU at the same time. The court may direct the prevailing party to lodge proposed findings and conclusions after the hearing on summary judgment or partial summary judgment. A proposed summary judgment should not be lodged in LOU until after the hearing. L. LBR 9009-1(b)(2) (Court-approved Forms). All optional court-approved forms are mandatory before Judge Yun unless ordered otherwise or as provided below. Please do not use the following court-approved forms in Judge Yun’s cases: 1. Chapter 11 status report forms. Please draft a status report that addresses the court’s order setting the status conference. 2. Chapter 11 forms for individuals. 3. Declaration of Contribution to Chapter 13 Plan F.3015-1.09.DEC.CONTRIBUTION. Instead, please use the form contribution declaration available on the website of chapter 13 trustee Rod Danielson and write the confirmation hearing date in the caption. M. LBR 9011-1 (Signatures). Every signature on a filed document, including underlying settlement agreements, stipulations, etc. for which court approval is sought, must be handwritten in ink (holographic) in compliance with LBR 9011-1(a). The only exceptions are those found in LBR 9011-1(b)(1)-(3) for parties that may use a /s/ signature in specific circumstances. Electronic reproductions of holographic signatures, signatures captured on a screen or signature pad, signatures typed in script, etc. are not acceptable. No software company has complied with the court’s requirements set forth in LBR 9011- 1(b)(4). Therefore, signatures captured through DocuSign or other similar software are not acceptable. N. LBR 9019-1(a)(2) (Settlements). Judge Yun does not follow the hearing appearance procedure for settlements provided in LBR 9019-1(a)(2). Parties must appear at every hearing unless the hearing has been vacated, the matter is on the chapter 13 consent calendar, or the tentative ruling indicates that appearances are waived. If the parties timely and properly bring a settlement before the court via stipulation or motion to approve a compromise, and an order is lodged, the court will usually vacate the hearing once the order is entered. O. LBR 9021-1(b)(1) (Form of a Proposed Order). Please refer to The Central Guide Section 4/ 9004-1/ TCG Supplement: Form and Format of Documents and LBR 9021- 1(b) for order formatting requirements. P. LBR 9021-1(b)(2) (Orders on Stipulations). All orders approving stipulations must contain the full name of the stipulation in the body of the order, the date it was filed, and the docket entry number where the stipulation can be found. [The Central Guide Section 4/ 9021-1(b)(3)/ Lodged Order Upload - - Procedures and Instructions/ Section 1.2(d); LBR 9021-1(b)(2)]. Orders on stipulations should contain only those terms that are Effective April 8, 2026 necessary for action by the court or third parties (i.e. the hearing is vacated) and should not include all of the recitals and provisions/waivers in the stipulation itself. Q. LBR 9021-1(b)(3)(B) (Objection to Lodged Order). Judge Yun does not follow the procedure for contacting chambers when there is an objection to a lodged order. Please do not call chambers. Instead, the opposing party should file the objection on the docket within the seven-day objection period following the notice of lodgment. If there was a written opposition to the motion and a notice of lodgment is filed, the order will be held for seven calendar days to allow for written objections unless otherwise waived by the court. If there is an objection filed, Judge Yun will address it accordingly. R. LBR 9075-1 (Emergency Motions and Applications for Orders Setting Hearings on Shortened Notice). Chapter 11 first-day motions may be scheduled by calling chambers at (951) 774–1026 or by calling Judge Yun’s Courtroom Deputy at (951) 774–1075. For all other emergency motions or applications for an order setting a hearing on shortened notice, the applicable moving papers must first be filed on the docket and a judge’s copy must be delivered to the bin on the third floor outside Judge Yun’s courtroom before the matter will be considered. The moving party should then lodge a proposed order and call chambers to leave a message indicating that the papers have been filed and delivered. Chambers will call the moving party if the request for a hearing is granted and provide further information/instructions. Otherwise, the order denying the request will be entered on the docket. III. CHAPTER 11 DISCLOSURE STATEMENTS The proponent of a disclosure statement may file an amended disclosure statement prior to the hearing to address specific issues raised in the oppositions. However, in order to proceed with the same hearing date, the amendment must be filed no later than seven days prior to the hearing. If the amended disclosure statement is filed later, or substantive changes are made that affect non-objecting parties, the hearing will be continued or re-noticed as the court directs. IV. CHAPTER 11 SUBCHAPTER V CASES Judge Yun prefers the formatting and content of the local form plan for subchapter V cases that was adopted by the Bankruptcy Court for the District of New Jersey. While not mandatory, this form is helpful for counsel in drafting their own plans for use in subchapter V cases before him. The form can be found at the following website address: https://www.njb.uscourts.gov/forms/chapter-11-subchapter-v-small-business-debtors- plan-reorganization-or-liquidation Effective April 8, 2026 V. CHAPTER 13 PLAN Judge Yun does not permit lien avoidance through a chapter 13 plan. Motions under 11 U.S.C. §§ 506 and 522(f) must be filed as separate motions and noticed under FRBP 7004. Debtors should not use Section IV(C) of the court’s form chapter 13 plan or Attachments B, C, or D to the chapter 13 plan or confirmation order. Attachment A should be used only when applicable. VI. CHAPTER 13 CONFIRMATION Please see the court’s opinion in In re Deutsch, 529 B.R. 308 (Bankr. C.D.Cal. 2015), which can be found on the court website, concerning chapter 13 plans that rely on contributions by non-debtors. Admissible evidence in support of non-debtor contributions is required to address the following, non-exclusive factors in order to satisfy 11 U.S.C. §§ 101(30), 109(e), and 1325(a)(6): 1. The non-debtor’s relationship to the debtor and motivation in making the contributions, including any applicable legal obligations. 2. The non-debtor’s history of making the contributions or otherwise supporting the debtor. 3. The non-debtor’s unqualified commitment to make the contributions in a specific amount for the duration of the chapter 13 plan. 4. The financial ability of the non-debtor to make the proposed contributions, including income and expenses for the prior six months as well as any expected changes during the duration of the chapter 13 plan. The court-approved form F 3015-1.09.DEC.CONTRIBUTION (Declaration of Contribution to Chapter 13 Plan) does not contain sufficient information/evidence to satisfy these requirements and should not be used. Instead, please use the form contribution declaration available on the website of chapter 13 trustee Rod Danielson and write the confirmation hearing date in the caption.
=== Telephonic Appearance Procedures ===
TELEPHONIC APPEARANCE PROCEDURES FOR THE HON. SCOTT H. YUN Effective March 1, 2024 I. POLICIES GOVERNING TELEPHONIC APPEARANCES Telephonic appearances are allowed in all matters before Judge Yun without prior approval, except the following: 1. 2. 3. 4. 5. 6. 7. Trials and evidentiary hearings (all counsel and all witnesses must appear in person). Chapter 11 initial status conferences (debtor’s counsel must appear in person; other parties in interest may appear telephonically). Adversary proceeding initial status conferences (all trial counsel must appear in person). Adversary proceeding pre-trial conferences (all trial counsel must appear in person). Chapter 11 confirmation hearings (debtor, debtor’s counsel, and all objecting parties, or their counsel, must appear in person). Chapter 13 confirmation hearings (debtor and debtor’s counsel must appear in person; objecting parties may appear telephonically). Any matter designated by the court as requiring a personal appearance. Before requesting a telephonic appearance, the individual appearing should check Judge Yun’s calendar to review any tentative ruling concerning the matter by clicking on “Tentative Rulings” on the court’s website (www.cacb.uscourts.gov). Each individual who appears telephonically will be expected to have reviewed and be familiar with the applicable tentative ruling. Please be aware that individuals making telephonic appearances do so at their own risk. Absent extraordinary circumstances, hearings will not be rescheduled due to missed connections or technical difficulties. If an individual schedules a telephonic appearance and then fails to respond to the call of a matter on calendar, the court may trail the matter, treat the failure to respond as an intent to accept the tentative ruling, or treat the failure to respond as a failure to appear. Scheduling simultaneous telephonic appearances in multiple courts does not excuse a failure to appear. II. HOW TO ARRANGE A TELEPHONIC APPEARANCE An individual should arrange telephonic appearances by emailing the Courtroom Deputy at [email protected] no later than 12:00 noon the day prior to the hearing. Failure to register before the deadline adversely impacts the Courtroom Deputy and the court’s ability to conduct hearings. Repeated violation of this rule may result in sanctions. The subject line of the email should be “Registration – Telephonic Appearance” and the email should contain: 1. Appearing counsel’s full name, phone number, client’s full name, and client’s relationship to the case (i.e. debtor, movant, secured creditor, plaintiff, etc.). If a Page 1 of 3 Effective March 1, 2024 party is not represented by counsel, include your full name, phone number, and relationship to the case. Hearing date, time, and calendar number (which can be found on the tentative ruling/posted calendar on the court’s website). Debtor’s name and case number and, if applicable, adversary case name and number. 2. 3. The email should be sent from an email address that is monitored because the court may have questions or directions regarding the appearance. The court will not confirm the registration by email or telephone. Counsel’s name and telephone number will instead be listed on the tentative ruling page, which will be updated periodically. The date and time of the most recent update can be found in the lower left-hand corner of the tentative ruling page. Please only contact the court regarding a registration if it is not listed on the tentative ruling page that has been updated after the deadline to register. Do not contact the court if your registration is sent in after the deadline. Late registrations may or may not be accommodated, but contacting the court only delays and hinders the ability to do so. III. PROCEDURE FOR TELEPHONIC APPEARANCE Join the hearing 15 minutes before the hearing time. Failure to call in 15 minutes before the hearing adversely impacts the DECRO (court recording operator) in conducting roll call, resolving any technical difficulties, and starting the hearing on time. Procedure for joining the call effective February 1, 2024: • Call the toll-free Zoom audio line at (833) 568-8864. • Enter the meeting ID: 160 741 6352 followed by #. • Press # again to bypass entry of the participant ID. • Enter the passcode: 022024 followed by #. • After roll call is completed and the DECRO connects the call to the courtroom, keep your phone on mute until your hearing matter is called by Judge Yun. NOTE –Zoom audio access will only be available by calling the telephone number and no video appearances will be possible. Parties must use an actual telephone to connect to the call. DO NOT use a computer or application as this has caused disturbances in prior hearings and may result in disruption of the call for the court and other participants. It is the individual’s responsibility to dial into the call prior to the scheduled hearing. The court does not place a call to those appearing. Telephonic appearances are connected directly with the courtroom’s public address system and electronic recording equipment. Participants should be able to hear all parties without difficulty, echo, or Page 2 of 3 Effective March 1, 2024 other interference. Do not use the “speaker phone” function because this reduces the volume of the speaker and increases background noise, which often results in an inability to hear the appearance. To ensure the quality of the record, the use of cellular phones is discouraged. If an individual's cellular phone is causing any interference, the court may ask that individual to disconnect from the hearing and the individual will be deemed to have waived his or her appearance in the matter. Similarly, if a cellular phone disconnects during a hearing, the party appearing by cellular phone will be deemed to have waived his or her appearance. After you have placed your call you will be able to hear the matters before yours just as if you were in the courtroom. Judge Yun will call the case, request appearances, and direct the manner in which the hearing proceeds. Generally, appearances in the courtroom will be taken first. Please wait for the courtroom appearances to be completed before speaking or making your own appearance. Each time you speak, you should identify yourself for the record. The court’s teleconferencing system allows more than one speaker to be heard so that the judge can interrupt a speaker to ask a question or redirect the discussion. When the judge informs the participants that the hearing is completed, you may disconnect and the next case will be called. IV. COMPLIANCE Telephonic appearances by multiple participants are only possible when there is compliance with every procedural requirement. Sanctions may be imposed when there is any deviation from the required procedures or the court determines that an individual’s conduct makes telephonic appearances inappropriate. Sanctions may include dropping a matter from calendar, continuing the hearing, proceeding in the absence of an unavailable participant, monetary sanctions, or a permanent prohibition against an individual appearing telephonically. Page 3 of 3
=== Appointed June 23, 2014 by the United States Court of Appeals for the Ninth Circuit ===
June 20, 2014 Contact: David Madden, (415) 355-8800 N E W S R E L E A S E New Judge Appointed to U.S. Bankruptcy Court for Central District of California SAN FRANCISCO — Chief Judge Alex Kozinski of the United States Court of Appeals for the Ninth Circuit announced today the appointment of Scott H. Yun to serve as a judge of the U.S. Bankruptcy Court for the Central District of California. Mr. Yun will serve in the bankruptcy court’s Riverside division, filling a position left vacant by the transfer of Judge Deborah J. Saltzman to Los Angeles. He will be sworn into office on June 23, 2014, by Chief Bankruptcy Judge Peter H. Carroll. “We welcome the appointment of Mr. Yun to the federal bench,” Chief Judge Kozinski said in announcing the appointment. “We are fortunate to have such an experienced practitioner serving in our busiest bankruptcy court.” Mr. Yun, 43, had been a shareholder with the former law firm of Stutman, Treister & Glatt since 2003. He joined the firm in 2000 and served on the executive board as president. His practice involved representing Chapter 11 debtors and official committees of unsecured creditors as lead or co-lead counsel. Mr. Yun was previously an associate with the law firm Robinson, Diamant & Brill, from 1998 to 2000, and an associate with Steinberg, Barness & Foster, from 1997 to 1998. Born in Seoul, South Korea, Mr. Yun received his B.A., cum laude, in 1993 from the University of California, Los Angeles, and his J.D. in 1996 from the University of Southern California, Gould School of Law. After law school, he served as a law clerk to Bankruptcy Judge Ernest M. Robles of the Central District of California in 1997. – more – The U.S. Bankruptcy Court for the Central District of California received 82,861 filings in fiscal year 2013. The court is authorized 24 bankruptcy judges. 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 and for reappointments. Bankruptcy judges serve a 14-year, renewable term and handle all bankruptcy-related matters under the U.S. Bankruptcy Code. # # # – more –