Scope of Rules; Short Title; Construction.

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

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

Rule: 1001-1

Jurisdiction: NDCAB

Bluebook Citation: Bankr. N.D. Cal. ADR R. 1001-1

All Rules: Bankr. N.D. Cal. ADR Local Bankruptcy Rules, complete index


Text

(a) Scope of Rules. The Federal Rules of Bankruptcy Procedure (throughout these Bankruptcy Local Rules referred to as “Bankruptcy Rule(s)”) and Official Bankruptcy Forms promulgated under 28 U.S.C. § 2075, together with these Bankruptcy Local Rules govern practice and procedure in all bankruptcy cases and adversary proceedings in this District. These rules supersede all previous Bankruptcy Local Rules for the United States District Court for the Northern District of California. (b) Relationship to District Court Rules.

These Bankruptcy Local Rules are promulgated with other Local Rules of the District and should be cited as “B.L.R. _-_.” (c) Relationship to Bankruptcy Rules. These rules are divided into nine parts to be consistent in format with the Bankruptcy Rules. These rules supplement the Bankruptcy Rules, and they shall be construed so as to be consistent with the rules and to promote the just, efficient and economical determination of every bankruptcy case and proceeding. Where there is a substantive relationship between a Bankruptcy Local Rule and a particular Bankruptcy Rule a corresponding rule number is utilized and a reference to the Bankruptcy Rule is included at the end of the Bankruptcy Local Rule.

(d) Relationship to Federal Rules of Civil Procedure. Whenever a Federal Rule of Civil Procedure is incorporated, it shall be incorporated as modified by the Bankruptcy Rules. (e) Effective Date. These rules take effect on December 1, 2009, and shall apply to all cases and adversary proceedings pending on that date except to the extent the Court determines that such application would materially prejudice the rights of a party (in which event the prior version of these rules shall continue to apply).

(f) Amendment. Civil Local Rules incorporated herein shall be the rules in effect on the effective date of these rules and as thereafter amended, unless otherwise provided by such amendment or by these rules or by such amendment. BKR 7 (Effective May 4, 2026) 1001-2. Applicability of Civil Local Rules.

(a) Incorporation of Civil Local Rules. Except as hereinafter set forth or otherwise ordered by the Court, the following Civil Local Rules shall apply in all bankruptcy cases and adversary proceedings: • • 1-5(a) Clerk; 1-5(b) Court (except that, where appropriate, District Court shall instead refer to Bankruptcy Court); 9006(a ; • • • • • • • • • • • 1-5(c) Day (except that FRCivP 6(a) shall instead refer to Bankruptcy Rule 1-5(d) Ex parte; 1-5(e) File; 1-5(f) FRCivP.; 1-5(i) Federal Rule; 1-5(j) General Orders; 1-5(k) General Duty Judge; 1-5(l) Judge; 1-5(m) Lodge; 1-5(n) Meet and Confer; 1-5(o) Standing Orders of Individual Judges; • B.L.R. 1001-3); 1-5(p) Unavailability (except that Civil L.R. 77-1 shall instead refer to • 3-1 Regular Session (except Eureka Division replaced by Santa Rosa Division); • 3-4 Papers Presented For Filing (except that in subparagraph (a)(3)(C), District Judge and Magistrate Judge shall instead refer to Bankruptcy Judge); in subparagraph (b), FRCivP 42 shall instead refer to Bankruptcy Rule 7042; and subparagraph (c)(3) and subparagraph (e) shall not apply; • 3-5(a) Jurisdictional Statement; BKR 8 (Effective May 4, 2026) • 3-6 Jury Demand (except that FRCivP 38(b) shall instead refer to Bankruptcy Rule 9015); • • 3-8 Claim of Unconstitutionality; 3-9(a) Natural Persons Appearing Pro Se; (c) Government and Governmental Agency; • 5-3 Facsimile Filings (except for the references to Civil L.R.s 3-3(a) and 5- 2(a) and only when ECF filing is not required); document); • • • • • • • • • • 5-5 Certificate of Service (except where service is via ECF); 7-6 Oral Testimony Concerning Motion; 7-12 Stipulations (except that orders submitted by ECF must be a separate 7-13 Notice Regarding Submitted Matters; 10-1 Amended Pleadings; 11-1 The Bar of this Court; 11-2 Attorneys for the United States; 11-3 Pro Hac Vice; 11-4 (a)&(b) Standards of Professional Conduct. 11-5 Withdrawal from Case (except that the reference to an action in subparagraph (a) shall also refer to a bankruptcy case and to an adversary proceeding); • • • • • • • • 11-6 Discipline; 11-7 Reciprocal Discipline and Discipline Following Felony Conviction; 11-8 Sanctions for Unauthorized Practice; 11-9 Student Practice; 26-1 Custodian of Discovery Documents; 30-1 Required Consultation Regarding Scheduling; 30-2 Numbering of Deposition Pages and Exhibits; 33-1 Form of Answers and Objections; BKR 9 (Effective May 4, 2026) • 33-2 Demands that a Party Set Forth the Basis for a Demand of a Requested Admission; • by FRCivP 33; 33-3 Motions for Leave to Propound More Interrogatories Than Permitted • • • • Admission; 34-1 Form of Responses to Requests for Production; 36-1 Form of Responses to Requests for Admission; 36-2 Demands that a Party Set Forth the Basis for a Denial of a Requested 37-1 Procedures for Resolving Disputes (except that District Judge or Magistrate Judge shall instead refer to Bankruptcy Judge); • • • 37-2 Form of Motions to Compel (except for references to Civil L.R. 7); 37-3 Discovery Cut-Off; Deadline to File Motions to Compel; 37-4 Motions for Sanctions under FRCivP 37 (except for references to Civil L.R. 7-2 and Civil L.R. 7-8); 40-1 Continuance of Trial Date; Sanctions for Failure to Proceed (except for the reference to Civil L.R. 7, which shall refer to only the incorporated provisions of that rule); • 54-4(b ; and 6-3); • • • 54-1 through 54-4 Matters Regarding Costs (except for the last sentence of 54-5 Motion for Attorney’s Fees (except for references to Civil L.R.s 6-2 56-1 Notice of Motion (for summary judgment or summary adjudication, except that references to Civil L.R.s 7-2 and 7-3 shall instead refer to B.L.R. 7007-1); • • • • • 56-2 Separate or Joint Statement of Undisputed Facts; 56-3 Issues Deemed Established; 65-1 Temporary Restraining Orders; 65.1-1 Security; 77-1(b) Hours (except Offices of the Clerk shall instead refer to Offices of the Bankruptcy Court Clerk, and the Bankruptcy Court’s website is https://www.canb.uscourts.gov). BKR 10 (Effective May 4, 2026) • 77-3 Remote Public Access to Court Proceedings (except subparagraph (b)(2) and subparagraph (c) shall not apply); • 77-4 Official Notices (except in subparagraph (b), the Bankruptcy Court’s website is located at http://www.canb.uscourts.gov); • • • • 77-5 Security of the Court; 77-6 Weapons in the Courthouse and Courtroom; 77-8 Complaints Against Judges; 79-3 Files; Custody and Withdrawal; • 79-4 Custody and Disposition of Exhibits and Transcripts (except that, unless ordered by the court, exhibits admitted into evidence under seal and portions of the record ordered sealed are not available for public inspection); • 79-5 Filing Documents Under Seal (except for references to Civil L.R. 7- 11); • 83-1 Method of Amendment.

Civil L.R. 83-1 shall apply such that amendments for form, style, grammar, consistency or other nonsubstantive modifications may be made to the Bankruptcy Local Rules by a majority vote of the active Bankruptcy Judges of the Court; (b) Modification. Any Judge may, in any case or adversary proceeding, direct that additional Local Rules from other Chapters apply. BKR 11 (Effective May 4, 2026) PART I. INTRADISTRICT VENUE; COMMENCEMENT OF CASES; FILING OF PETITIONS AND PLEADINGS

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