Special Requirements for Mailing Addresses. The debtor must comply
U.S. Bankruptcy Court for the Southern District of California
U.S. Bankruptcy Court for the Southern District of California
with LBR 1007-1 when filing amendments to the schedule of liabilities. 2.9 Privacy Unless otherwise ordered by the Court, parties must refrain from including, or must partially redact where inclusion is necessary, the following personal identifiers from all documents filed with the Court, including exhibits thereto: • Social Security numbers. If an individual’s Social Security number must be provided, only the last 4 digits of that number should be used. • Names of minor children. If the name of a minor child must be provided, only the initials of that child should be used.
10 Go to Table of Contents • Dates of birth. If an individual’s date of birth must be provided, only the year should be used. • Financial account numbers. If financial account numbers must be provided, only the last 4 digits of these numbers should be used. The responsibility for redacting personal identifiers rests solely with the parties.
The Clerk's Office will not review documents for compliance with this rule. 2.10 Orders Electronically submitted orders may not be combined with the application or motion into one document. The application or motion must be entered on the docket prior to uploading the order electronically and the resulting Docket Entry No. must be noted on the order template. Orders uploaded through CM/ECF will be entered on the case docket at the time of signature.
Electronic orders must be uploaded using the Orders Upload option in CM/ECF and formatted as provided in LBR 9013-10. Stipulated, emergency, ex parte, non- contested, and lodged orders may be uploaded electronically as outlined below. The first page of any electronically uploaded order must substantially conform with the appropriate order template (CSD 1001A-C, CSD 1159 A-C, or CSD 3000A-C) maintained by the Court for standard orders, orders shortening time, and lodged orders. The signature line must be fixed at 4.5 inches from the left edge of the document and 3 inches from the bottom edge of the document.
Signature approving orders will be affixed electronically on the signature line. Deviations from the required format are not permitted. Notification of defects in an order will be provided by e-mail. Exhibits required by LBR 9013-10 may be referenced according to the specific Docket Entry No. assigned to the document at the time of its entry.
Document Exhibits Registered Users must submit in electronic form all documents referenced as exhibits or attachments unless the Court permits otherwise. Only excerpts of the referenced documents that are directly germane to the matter under consideration by the Court are to be submitted. Excerpted material must be clearly and prominently identified as such. Registered Users who submit excerpts under these Administrative Procedures do so without prejudice to their right to timely submit additional excerpts or the complete documents that they believe are directly germane.
The Court may require parties to submit additional excerpts or the complete document. Evidentiary and trial exhibits must be provided directly to the appropriate courtroom deputy and not submitted to the Clerk’s Office. Exhibits are to be numbered sequentially at the top and bottom of the first page and attached to the document they support. If an exhibit separator page is used, it must identify 11 Go to Table of Contents the succeeding exhibit at the top and bottom of the separator page.
Exhibit files should be no larger than 35 megabytes in size. Each document containing exhibits must have, as a cover page to the exhibits, a list indicating the name and page number of each of the succeeding exhibits. The Registered User is required to verify the legibility of the scanned exhibits prior to electronically submitting them to the Court. Parties should scan documents in black and white, unless color is a critical feature of the information.
2.11 Hyperlinks In order to preserve the integrity of the Court record, attorneys wishing to insert hyperlinks in filings must continue to use the traditional citation method for the cited authority, in addition to the hyperlink. The Judiciary's policy on hyperlinks is that a hyperlink contained in a filing is no more than a convenient mechanism for accessing material cited in the document. A hyperlink reference is extraneous to any filed document and is not part of the Court's record. The Court accepts no responsibility for, and does not endorse, any product, organization, or content at any hyperlinked site, or at any site to which that site may be linked.
The Court accepts no responsibility for the availability or functionality of any hyperlink. 2.12 Sequence of Pleadings An initiating document must be electronically filed and docketed separately. Examples of an initiating document include a motion, application, plan, objection to claim, notice of appeal, amendment and balance of schedules. Separate PDF files of any supporting document(s) should be browsed and attached to the initiating document.
Examples of supporting documents include memorandums of points and authorities and declarations. During the filing process, most subsequent documents filed (i.e., oppositions, Request and Notice of Hearing (CSD 1175, 1184 or 1186), and replies, etc.) must be referred/related to the initiating documents. Any supporting document(s) for these filings may be attached during the filing of the document. Section 3: Presentation of Documents 3.1 Filing of Petition, Schedules, Statements, and Other Documents (a) Documents filed with the Petition.
1) Petition 101 or 201; 2) Official Bankruptcy form 121 entitled “Statement of Social Security Number” (for individuals only; docketed separately if electronically 12 Go to Table of Contents filed); 3) List of Creditors as a Text file (.txt) containing the names and addresses of creditors and other parties in interest submitted pursuant to Local Bankruptcy Rule 1007-1. (If electronically filed, this is separately uploaded to the system); 4) List of 20 largest unsecured creditors, exclusive of insiders (chapter 11 cases only); and 5) Chapter 11 small business debtors must file either: • The most recent balance sheet, statement of operations, cash-flow statement, and Federal income tax returns required by 11 U.S.C. § 1116(1)(a); or • A statement indicating that the documents listed in subsection (a) above have not been prepared or filed as required by 11 U.S.C. §1116(1)(B). (If filed electronically, docketed separately). • Depending upon your circumstances, the following documents may or may not be needed. If the form is needed, it must be filed at the same time as the Voluntary Petition but filed separately. • Application to Pay Filing Fees in Installments (CSD 1006) (for individual debtors only); • Application for Waiver of Chapter 7 Filing Fee (Official Form B103B) (for individual debtors only); • Statement of Exigent Circumstances and Motion Request to Extend Time (CSD1025). • Motion for Exemption from Credit Counseling (CSD 1027); • Disclosure of Compensation of Bankruptcy Petition Preparer (CSD 2800) (only is cases for unrepresented debtors); or • Bankruptcy Petition Preparer’s Notice, Declaration, and Signature, [See Official Bankruptcy Form 119] (only in cases for unrepresented debtors); • Corporate Ownership Statement (CSD 1007-7) • The following must be filed with the voluntary petition for individuals or non- individuals or within 14 days after the petition is filed. • Declaration Re: Electronic Filing (CSD 1801) Due within 14 days of filing.
CSD 1099 - Balance of Schedules, Statements, and/or Chapter 13 Plan (CSD 1300) (If any schedules or statements are filed 14 days after the petition.); 13 Go to Table of Contents • Summary of Assets and Liabilities & Statistical Info Schedules (106Sum or 206Sum); • Schedule of Property (106 A/B or 206 A/B); • Schedule of Property Claimed as Exempt (106C); • Schedule of Creditors Who Hold Claims Secured By Property (106D or 206D); • Schedule of Creditors Who Have Unsecured Claims (106E/F or 206E/F); • Schedule of Executory Contracts & Unexpired Leases (106G or 206G); • Schedule of Co-Debtor (106H); • Current Income of Individual Debtor(s) (106I); • Current Expenses (106J); • Expenses for Separate Household of Debtor 2 (106J-2 if applicable); • Statement of Financial Affairs (107 or 207); • Statement of Intention for Individuals Filing Under Chapter 7(108) (Note: This form is filed within 30 days or by the date set for the 341meeting of creditors, whichever is earlier); • Chapter 7 Statement of Current Monthly Income(122A-1); • Chapter 7 Statement of Exemption from Presumption of Abuse (122A-1Supp); • Chapter 7 Means Test Calculation (122A-2); • List of equity security holders (chapter 11 cases only); • Attorney Fee Disclosure Statement required by FRBP 2016(b); • Chapter 11 Statement of Your Current Monthly Income (122B) (Not required in subchapter V cases); • Chapter 13 Statement of Your Current Monthly Income and Calculation of Commitment Period (122C-1); and • Chapter 13 Calculation of Your Disposable Income (122C-2). • Return of Exhibits At the conclusion of a trial or hearing, the attorney who produced them may remove exhibits marked for identification or introduced in evidence unless otherwise ordered by the Court. If Exhibits are not removed by the attorney within 14 days, the clerk will dispose of them. It will be the responsibility of the party to produce the exhibits on appeal. 14 Go to Table of Contents 3.2 Filing of An Adversary Proceeding (a) Adversary Proceeding Cover Sheet (Form 1040).
A party filing an adversary proceeding must complete and file Form 1040, the Adversary Proceeding Cover Sheet. The cover sheet is required when the adversary proceeding is filed electronically through the System or in paper. • Complaint. The format of the complaint must comply with the Administrative Procedures requirements for the formatting of documents filed with the Court as identified in Section 2 “Preparation of Documents.” The complaint must also comply with the applicable Local Bankruptcy Rules including LBR 7008. • Summons in an Adversary Proceeding and Proof of Service – (CSD Form 2500A). The System will generate a summons for service when the adversary is filed electronically.
If presented for filing at the front counter or by mail, the summons and proof of service must be prepared and filed in accordance with the requirements identified in FRBP 7004 and must also comply with Local Bankruptcy Rule 7004-1 if not served timely. • Third Party Claims. For issuance of a third-party summons in an adversary proceeding, use CSD Form 2500D, “Third Party Summons In An Adversary Proceeding.” 3.3 Payment Advices LBR 1007-5 governs payment advices.
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