Original Signature. The image of the original manual signature on the fax

U.S. Bankruptcy Court for the Southern District of California

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Southern District of California

Rule: 5008-2

Jurisdiction: SDCAB

Bluebook Citation: Bankr. S.D. Cal. R. 5008-2

copy of the paper will constitute an original signature for all Court purposes. The original signed paper must not be substituted except by Court order. The original signed paper must be maintained pursuant to LBR 5005-8. Section 4: Deposit & Disbursement of Funds into Interest Bearing Accounts and Registry Funds General Order 183 outlines the procedural rules for the deposit and investment of registry funds.

The Court Registry Investment System (“CRIS”), administered by the Administrative Office of the United States Courts is the authorized investment mechanism. Registry (or Interpleader) funds are typically funds involving a bankruptcy estate that are under dispute between 2 parties. These funds are deposited with the Clerk until a judge signs an order releasing these funds and the order is entered on the case docket. The process of depositing interpleader funds is initiated by an order with the information identified below.

4.1 Deposit of Funds; Content of Order Those parties seeking interpleader of certain funds must personally serve a copy of the order on the clerk or chief deputy clerk. The order must contain the following provisions: “IT IS ORDERED that the clerk deposit the amount of $ in an interest-bearing account in the Court Registry Investment Fund, and said funds to remain invested pending further order of the court. IT IS FURTHER ORDERED that the clerk is directed to deduct from the income earned on the investment a fee, not exceeding that authorized by the Judicial Conference of the United States and set by the Director of the Administrative Office, whenever such income becomes available for deduction in the investment so held and without further order of the court. IT IS FURTHER ORDERED that counsel presenting this order must personally serve a copy thereof on the clerk or the chief deputy clerk prior to making the deposit.

Absent personal service, the clerk is hereby relieved of any personal liability relative to compliance with this order. 17 Go to Table of Contents 4.2 Disbursements of Registry funds; Content of Order. The clerk will disburse funds on deposit in the registry of the court only pursuant to court order. The disbursement order must contain a provision relieving the clerk from liability for loss of interest, if any, for early withdrawal of the funds.

The order must state the name and taxpayer identification number for each party who is to receive funds and the percentage of the balance and interest each is to receive. Funds will be disbursed only after the time for appeal of the related judgment or order has expired, or upon approval by the court of a written stipulation by all parties. Section 5: Mediation Panel Procedures The following procedures detail the administration of the Mediation Program; as well as the process for Mediation. LBR 7016-11 governs Mediation.

Chat with this local rule using AI

Ask CiteLaw's AI Navigator anything about this local rule, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.