Download - California Bankruptcy Courts Remain Strong: California Chief Bankruptcy Judge… · 2020-06-19 · Judge Tighe was appointed a United States Bankruptcy Judge on November 24, 2003

California Bankruptcy Forum Webinar with the Chief Judges

June 23, 2020

California Bankruptcy Courts Remain Strong: California Chief Bankruptcy Judge's Updates on

Remote Operations

1. Central District Orders …………………………………………………... 2-16

2. Eastern District Orders ………………………………………………….. 17-49

3. Northern District Orders ………………………………………………… 50-69

4. Southern District Orders ………………………………………………… 70-87

5. Judge Biographies ……………………………………………………….. 88-90

CENTRAL DISTRICT ORDERS

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UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

IN RE:

CORONAVIRUS PUBLIC EMERGENCY

ACTIVATION OF CONTINUITY OF OPERATIONS PLAN

))))))))))

ORDER OF THE CHIEF JUDGE20-042

WHEREAS, the President of the United States has declared a national

emergency in response to the outbreak of COVID-19, also known as the

“Coronavirus;”

WHEREAS, the Governor of the State of California has declared a state of

emergency in response to the outbreak of COVID-19;

WHEREAS, the Centers for Disease Control and Prevention has recommended

that throughout the United States, for at least eight weeks, all gatherings should be

limited to no more than 10 people;

WHEREAS, local public health departments have recommended that large

gatherings be avoided, that elderly and other vulnerable populations avoid person-to-

person contact, and that employers allow employees to telework to the extent practical;

March 19, 2020

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WHEREAS, to date, several hundred people within the Central District of

California have been confirmed to be infected with COVID-19 and the number of

those infected continues to rise, causing an emergency pandemic;

WHEREAS, the Court has issued General Order Nos. 20-02 and 20-03

regarding the Coronavirus public emergency, implementing temporary emergency

procedures;

WHEREAS, since the Court took action to implement those emergency

procedures, COVID-19 has continued to spread among the population of the Central

District of California;

With the consent of the Executive Committee, the Chief Judge orders as

follows:

The Continuity of Operations (“COOP”) Plan for the Central District of

California is hereby activated, effective March 23, 2020 through and including May 1,

2020. The COOP Plan may be extended or inactivated as necessary.

The activation of the COOP Plan is necessary to ensure the continuous

performance of essential functions and operations of the Court.

The following are examples of actions that will be taken pursuant to the COOP

Plan:

All of the Courthouses of the Central District of California will be closed

to the public except for hearings on criminal duty matters, as discussed

below.

In civil cases, no hearings will go forward except for emergency time-

sensitive matters, such as requests for temporary restraining orders and

preliminary injunctions, as ordered by the assigned judicial officer. Any

hearings on emergency civil matters will proceed telephonically only. Pro

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se litigants must mail their filings to the Clerk of Court at 255 E. Temple

Street, Suite TS-134, Los Angeles, CA 90012-3332.

In criminal cases, criminal duty matters will go forward in the Edward R.

Roybal Building and United States Courthouse in Los Angeles only. All

criminal document duty will be handled by each division in the normal

course of business. Telephonic hearings on other criminal matters may

proceed as directed by the assigned judicial officer.

All matters before the Bankruptcy Court will proceed telephonically.

Further guidance will be provided by the Bankruptcy Court to pro se

petitioners.

Chambers staff will be directed to telework except as otherwise directed

by their assigned judicial officer. The Clerk of Court will implement a

telework policy for the staff of the Clerk’s Office and the Probation and

Pretrial Services Office at her discretion.

IT IS SO ORDERED.

Date: March 19, 2020

________________________________________

CHIEF UNITED STATES DISTRICT JUDGE

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MAR 23 2020

UNITED STATES BANKRUPTCY COURT


In re:

ORDER TO EXTEND DEADLINES PURSUANT TO THE FEDERAL RULES OF BANKRUPTCY PROCEDURE AND BANKRUPTCY CODE

) ) ) ) ) ) ) )

GENERAL ORDER 20-03

The Court hereby finds that on March 13, 2020, the President of the United States

declared a national emergency in response to COVID-19 outbreak. Based on guidance

received by the Court from national, state and local agencies, procedures have been put in

place by the United States Bankruptcy Court for the Central District of California and the United

States Trustee for Region 16 to limit the spread of COVID-19, including that the United States

Trustee for Region 16 has continued in-person § 341 meetings scheduled in all Chapter 7, 12

and 13 bankruptcy cases, including originally scheduled and continued meetings, pending in all

divisions of the Central District of California (Los Angeles, Santa Ana, Riverside, San Fernando

Valley, and Northern Divisions) beginning on Tuesday, March 17, 2020 through Friday, April 10,

2020 (the “Continued Cases”).

Based on the foregoing findings and the recently implemented procedures, the United

States Trustee’s Ex-Parte Motion to Extend Deadlines Pursuant to the Federal Rules of

Bankruptcy Procedure and Bankruptcy Code (filed as Misc. No. 20-MP-00101-MT), the national,

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state, and local states of emergency that have been declared in response to COVID-19, and

pursuant to 11 U.S.C. § 105(a), and good cause appearing therefore,

IT IS HEREBY ORDERED that United States Trustee’s Ex-Parte Motion Extending the

Deadlines Pursuant to the Federal Rules of Bankruptcy Procedure and Bankruptcy Code is

GRANTED.

IT IS FURTHER ORDERED that the deadlines for the Continued Cases shall be

extended as follows:

1. The deadline set under Federal Rule of Bankruptcy Procedure 1007 for debtors

in a Chapter 7 case to file the personal financial management course completion statement

required by Federal Rule of Bankruptcy Procedure 1007(b)(7) shall be extended, and the 60 day

time period set therein shall begin on the newly established date to commence the meeting of

creditors ( the “reset date”), provided that if the meeting is subsequently reset by the United

States Trustee and/or order of the Court, such period will begin on the last date to which such

meeting is reset;

2. The deadline set under Federal Rule of Bankruptcy Procedure 1017(e) for United

States Trustee to file a motion to dismiss for abuse shall be extended, and the 60 day time

period set therein shall begin on the reset date for the meeting of creditors, provided that if the

meeting is subsequently reset by the United States Trustee and/or order of the Court, such

period will begin on the last date to which such meeting is reset;

3. The deadline set under Federal Rule of Bankruptcy Procedure 2003(a) setting

deadlines for holding § 341 meetings shall be extended as follows: in a chapter 7 liquidation

case the deadline for the initial meeting of creditors to take place shall be extended from 40

days after the order for relief to a later date to be determined. In a chapter 12 case, the

deadline for the initial meeting of creditors to take place shall be extended from 35 days after

the order for relief to a later date to be determined. In a chapter 13 case, the deadline for the

initial meeting of creditors to take place shall be extended from 50 days after the order for relief

to a later date to be determined;

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4. The deadline set under Federal Rule of Bankruptcy Procedure 4004(a) for

objections to the debtor’s discharge shall be extended, and the 60 day time period set therein

shall begin on the reset date for the meeting of creditors, provided that if the meeting is

subsequently reset by the United States Trustee and/or order of the Court, such period will

begin on the last date to which such meeting is reset;

5. The deadline set under Federal Rule of Bankruptcy Procedure 4007(c) for filing a

complaint as to the dischargeability of certain debts under § 523(c) shall be extended, and the

60 day time period set therein shall begin on the reset date for the meeting of creditors,

provided that if the meeting is subsequently reset by the United States Trustee and/or order of

the Court, such period will begin on the last date to which such meeting is reset;

6. The deadline set under Federal Rule of Bankruptcy Procedure 4008(a) for filing a

reaffirmation agreement shall be extended, and the 60 day time period set therein shall begin on

the reset date for the meeting of creditors, provided that if the meeting is subsequently reset by

the United States Trustee and/or order of the Court, such period will begin on the last date to

which such meeting is reset; and,

7. The deadline under 11 U.S.C. § 1308(a) for filing tax returns shall be extended

such that the deadline shall be the day before the initial reset date for the meeting of creditors,

and the deadlines under 11 U.S.C. § 521(e) and Local Bankruptcy Rule 3015-1 (b), (c), (e), (k)

and (m) for filing documents, for submission of documents and for submission of plan payments

to the Chapter 13 trustee shall be based on the first reset date for the meeting of creditors.

IT IS SO ORDERED.

Date: March 23, 2020

Maureen A. Tighe

Chief Judge, United States Bankruptcy Court

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UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA

In re: AMENDED PROCEDURES FOR PUBLIC EMERGENCY RELATED TO COVID-19 OUTBREAK

) ) ) ) )

AMENDED GENERAL ORDER 20-02

Upon consideration of (a) the state of emergency declared by the President of

the United States regarding COVID-19, (b) the directives from federal, state, and local

officials regarding safety of the public and the personnel of this court, (c) the suspension

of meetings of creditors (11 U.S.C. § 341(a)) by the United States Trustee, Region 16,

(d) available guidance from other units of the Judicial Branch, and (e) all other facts and

circumstances, and after deliberation at an emergency meeting of the Bankruptcy Court

Board Of Judges of this District held on March 18, 2020, and on the court’s own motion

(11 U.S.C. § 105(a)), good cause appearing,

General Order 20-02 was issued on March 19, 2020; this order amends that

original order to provide for additional procedures in light of the expanded pandemic.

IT IS HEREBY ORDERED as follows, unless and until otherwise ordered by this

court or the presiding judge in any specific case:

1. Telephonic appearances are mandatory in all matters through April 30, 2020.

All parties are required to appear by telephone at all hearings that require

an appearance. There will be no physical access to the courthouse for any

APR 1 2020

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hearings. Instructions for telephonic appearances are posted on the

Bankruptcy Court’s website (www.cacb.uscourts.gov) and there will be

no cost for parties not represented by an attorney. For any evidentiary

hearings, including trials, special procedures will be implemented by each

presiding judge on a case-by-case basis. If the evidentiary hearing is

continued, notice will be provided to the parties. Parties may make requests

for continuances consistent with each presiding judge’s usual requirements.

2. Appearances. Any person who has shown up at the courthouse for a hearing

but not been able to get in or has attempted to appear by telephone, but has

been unable due to lack of physical or telephonic access, may seek

reconsideration by the presiding judge under Rule 7052, 9023, or 9024

(Fed. R. Bankr. P.) or any other applicable rule. Parties must contact

the chambers of the presiding judge within 24 hours after the hearing to notify

the judge of the difficulty attending the hearing and state that reconsideration

will be sought. All prohibitions on the use of cell phones for telephonic

appearances are suspended. There is no change to currently calendared

motions or applications except for the above. Other than the above, and

unless ordered by the presiding judge, there is no change to other

procedures, including but not limited to applications for emergency injunctive

relief, orders shortening time, and hearings on Chapter 11 “First Day”

motions.

3. Chapter 13. All Chapter 13 matters, including the Chapter 13 Trustees and

their attorneys will also be telephonic. The court recommends consulting

each individual Chapter 13 Trustee website for any special instructions

related to pending Chapter 13 cases. The Chapter 13 calendars will continue

to be held under the above but additional procedures have been implemented

by each Trustee to obtain records and payments without personal contact.

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4. Judge’s or courtesy copies. Except for documents over 25 pages, including

exhibits, the requirement to deliver judges’ copies of documents to chambers

(LBR 5005-2(d)) is temporarily suspended – including delivery via U.S. mail,

personal delivery, or any other means. Documents over 25 pages should still

be provided through the mail unless the judge’s specific updated instructions

have waived that requirement. Parties are reminded, however, that the judge

and chambers’ staff do not receive electronic notices of filings, and therefore,

(a) for documents that are filed late, and (b) for matters that are either

(i) not set for hearing, or (ii) not the subject of an electronically uploaded order

(LOU), parties must contact the chambers of the presiding judge and advise

chambers of the filing. Messages will be regularly retrieved from the judge’s

chambers phone.

5. Mediations. All mediations conducted by a judge of this court are suspended

through April 30, 2020, absent a specific order and agreement by all to

proceed telephonically. Mediations with private mediators may be continued

upon consultation with the assigned mediator but will be in the discretion of

the mediator as to how to proceed.

6. Cash. The Clerk of Court is specifically authorized to decide at any time

that no cash will be accepted. Such a decision will be placed on the court’s

website with any further payment instructions. Parties may pay any filing fee

with a certified cashier’s check or postal money order if they cannot comply

with the CM/ECF fee requirements.

7. Signatures. Local Bankruptcy Rule 9011-1 does not require in person contact

as it permits an attorney to receive a signature page by electronic means.

Nothing in the rule precludes the filing of a signature page that has been

received by facsimile, pdf, text or photo. This signature can be filed separately

in whatever format is reasonably possible so that there is a clear indication

that the signor has read and is signing the actual document filed.

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a. In light of the difficulty of obtaining any paper files during

this emergency, the requirement of LBR 9011-1(d) to maintain

a wet signature for 5 years is temporarily suspended and

the attorney should maintain the electronic transmission of

the client to file the document in whatever format is reasonable at

this time.

b. If there is a situation where a client cannot transmit a signature

electronically either due to lack of required technology or internet

access, etc., the attorney should so explain the circumstances with

the filing, verify that permission was obtained from the client to sign

the document on their behalf, and obtain the signature as soon as

possible after the filing through another means.

8. Filing of petitions by people without attorneys. The court’s existing electronic

filing for self-represented debtors (eSR) is now authorized to accept

both Chapter 7 and 13 petitions. All Chapter 7 and 13 petitions shall be filed

through eSR or mail. Any other chapter must be filed through CM/ECF

with an attorney or mailed to the court. No petitions will be accepted at

any courthouse absent a separate appointment made with the staff by

prior arrangement through the help line.

9. Signatures and Filing Fees. If a bankruptcy case is filed through eSR or

mail, the debtor must mail the required signatures, the required Statement

of Social Security Number, and the required filing fee within 10 days,

or the case will be dismissed. The signatures and fees required are

explained in more detail on the court’s website under the “Don’t Have an

Attorney” tab. (https://www.cacb.uscourts.gov/filing-without-an-attorney)

All petitions from self-represented parties through the mail or eSR

are automatically granted a fee installment so that the full required filing

fee is due no later than 10 days after the filing of the petition.

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Any request for a fee waiver must be mailed within 5 days of the

electronic petition filing on the form available on the website.

https://www.cacb.uscourts.gov/forms/application-individuals-pay-filing-fee-

installmentsapplication-have-chapter-7-filing-fee Any request for installment

payments other than paying the full filing fee no later than 10 days after filing

should also be mailed within 5 days on the required form available on the

website. If a fee waiver or installment order is entered in a specific case,

it will supersede this general order requiring the full fee within 10 days.

If the requisite fee or signatures are not mailed within 10 days, the court

will dismiss the case without a hearing.

10. Filing of pleadings by non-attorneys after case has commenced. Parties who

do not have attorneys or who are otherwise not eligible for CM/ECF filing

privileges are authorized to use the electronic dropbox (“EDB”) described on

the court’s website. Parties wishing to use EDB may apply for authorization

through the procedures on the website. Only pleadings not requiring an

additional fee may be submitted to the court using EDB. If the filing requires

a fee, the fee and the pleading should be mailed to the court. Any pleadings

filed by mail will be docketed as received by the court on the date of the

postmark stamp on the document.

11. Travel. Many U.S. Bankruptcy Court staff and judges have essential duties

requiring them to travel to the locked courthouse on a limited basis solely

to maintain essential court operations. They may access the building

if necessary to maintain basic court operations. These essential functions

will be decided as court needs require. They are instructed to carry their

court-issued identification cards and are authorized to show this identification

and explain their essential function as requested by any federal, state or local

officer. All other non-essential travel is cancelled.

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12. Temporary Emergency Rules. These provisions are temporary and may be

vacated, amended or extended as necessary. Further explanations and

details may be obtained at the court’s website on all of the above.

IT IS SO ORDERED.

DATED: April 1, 2020

Maureen A. Tighe

Chief Judge, United States Bankruptcy Court

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APR 14 2020



IN RE: AMENDED PROCEDURES FOR PUBLIC EMERGENCY RELATED TO COVID-19 OUTBREAK

SECOND AMENDED GENERAL ORDER 20-02

Upon consideration of the United States District Court’s continuation of the

Continuity of Operations Plan to and including June 1, 2020, and the need to continue

hearing all matters remotely based on the guidance and orders of federal, state and

local officials,

IT IS HEREBY ORDERED as follows, unless and until otherwise ordered by

this court or the presiding judge in any specific case:

1. Continuation of Earlier Order. This court’s Amended General Order 20-02,

issued on April 1, 2020, remains in effect and is continued to and including

June 1, 2020.

2. Only Telephonic or Video Appearances are permitted in all matters through

and including June 1, 2020. There will be no physical access to the United

States Bankruptcy Court for any hearings or unscheduled filings before that

date.

3. Social Security Number Statements. A self-represented litigant filing

a voluntary bankruptcy case must include the signed “Statement About

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Your Social Security Numbers” (Official Form 121) with the initial filing

when mailing the documents (F.R.B.P. 1007(f).). When filing a voluntary

bankruptcy case through the court’s eSR program, the signed “Statement

About Your Social Security Numbers” form must be mailed to the court

within ten (10) days of filing, or the case will be dismissed. All self-represented

filing instructions are explained in more detail on the court’s website under

the “Don’t Have an Attorney” tab. (https://www.cacb.uscourts.gov/filing-without-

an-attorney)

IT IS SO ORDERED.


Maureen A. TigheChief Judge, United States Bankruptcy Court

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EASTERN DISTRICT ORDERS

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EASTERN DISTRICT OF CALIFORNIA IN RE: ) GENERAL ORDER NO. 610 ) RESTRICTIONS ON VISITORS ) TO EASTERN DISTRICT OF ) CALIFORNIA COURTHOUSES ) )

The Centers for Disease Control have advised people to take precautions in light of the

COVID-19 virus outbreak and state that the best way to prevent illness is to avoid being exposed

to this virus.

IT IS THEREFORE ORDERED, effective immediately, in an attempt to ensure the

safety of courthouse staff and visitors, the following persons shall not enter any courthouse in the

Eastern District of California:

• Persons who have travelled to any of the following countries within the last 14 days:

CHINA SOUTH KOREA JAPAN ITALY IRAN

(This list may be updated as further guidance is received.)

• Persons who reside or have had close contact with someone who has traveled to one

of the countries listed above within the last 14 days;

• Persons who have been asked to self-quarantine by any doctor, hospital or health

agency;

• Persons who have been diagnosed with, or have had contact with, anyone who has

been diagnosed with COVID-19 in the last 14 days;

• Persons with fever, cough or shortness of breath.

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Rectangular Exhibit Stamp

Anyone attempting to enter in violation of these protocols will be denied entry by a

Court Security Officer.

These restrictions will remain in place temporarily until it is determined to be safe to

remove them. People who think they may have been exposed to COVID-19 should contact their

healthcare provider immediately.

DATED: March 11, 2020. FOR THE COURT:

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KJM CalistoMT

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EASTERN DISTRICT OF CALIFORNIA IN RE: ) GENERAL ORDER NO. 611 ) FINDINGS AND ORDER ) AS TO COURT PROCEEDINGS ) IN LIGHT OF COVID-19, ) ALSO KNOWN AS CORONAVIRUS. ) ) ____________________________________)

WHEREAS, the President of the United States of America has declared a national

emergency in response to COVID-19, also known as “Coronavirus,” and encouraged limitations

on gatherings of more than 10 persons;

WHEREAS, the Governor of the State of California has declared a public health

emergency throughout the State in response to the spread of COVID-19, and strongly encouraged

certain segments of the population to remain at home at the current time;

WHEREAS, the Centers for Disease Control and Prevention, California Department of

Public Health and other public health authorities have advised the taking of precautions, including

limiting gathering sizes and practice social distancing, to reduce the possibility of exposure to the

virus and slow the spread of the disease;

WHEREAS local health officials in the Eastern District of California in particular have

declared local health emergencies in light of the presence of persons infected with the coronavirus

in their jurisdictions, including in Sacramento and Fresno Counties where the court’s two main

courthouses are located, and the outbreak of COVID-19 in the Eastern District has reached the

point where court operations are affected in that many persons at higher risk of serious or fatal

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illness are involved in court proceedings as attorneys, parties or court staff or being asked to serve

the court as jurors;

WHEREAS slowing the transmission of the virus in the community is an important part of

mitigating the impact of the disease on vulnerable individuals and reducing the immediate burden

on the health care system and the community at large, including members of the federal bar and

their clients as well as pro se litigants;

WHEREAS the Eastern District court maintains a robust capacity for conducting business

remotely, and essential court operations can and will continue unimpeded, but not all of the

court’s work can be completed at a distance; and

WHEREAS the need for in-court hearings and trials must be balanced against the risk

stemming from the associated interpersonal contact; jury proceedings are inadvisable in the

current environment to protect public health and ensure that when juries are seated they represent

a cross-section of the community and constitute the required jury of one’s peers to which criminal

defendants in particular are entitled, see Thiel v. S. Pac. Co., 328 U.S. 217, 220 (1946) (“The

American tradition of trial by jury, considered in connection with either criminal or civil

proceedings, necessarily contemplates an impartial jury drawn from a cross-section of the

community.”); Taylor v. Louisiana, 419 U.S. 522, 537 (1975) (“[T]he Sixth Amendment affords

the defendant in a criminal trial the opportunity to have the jury drawn from venires

representative of the community[.]”); and even if a jury that meets these requirements could be

seated at this point notwithstanding public officials’ urging certain populations to remain home,

there is no assurance the jury’s deliberations would be unaffected by continuing health and safety

concerns and evolving public health mandates and protocols.

Accordingly, with the concurrence of a majority of the District Judges of the court, in

order to protect public health, reduce the size of public gatherings and unnecessary travel, and

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ensure the ability to deliver fair and impartial justice to all those who come before the court, the

court orders as follows:

1. The United States Courthouses in Sacramento, Modesto (with hearings held in

Sacramento during ongoing remodeling), Fresno, Bakersfield, Yosemite and Redding

will remain open for business, subject to the following limitations.

2. Effective immediately, the court will not call in jurors for service in civil or criminal

jury trials until May 1, 2020. All civil and criminal jury trials in the Eastern District of California

scheduled to begin during this time period are continued pending further order of the court. The

court may issue other orders concerning future continuances as necessary and appropriate.

3. All courtroom proceedings and filing deadlines in a case will remain in place unless

otherwise ordered by the Judge presiding over that case.

4. The time period of any continuance entered in a criminal case as a result of this order

shall be excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A), as the court finds based

on the recitals above that the ends of justice served by taking that action outweigh the interests of

the parties and the public in a speedy trial. Absent further order of the court or any individual

judge, the period of exclusion shall be from March 17, 2020, to May 1, 2020. The court may

extend the period of exclusion in a subsequent order as evolving circumstances warrant.

5. Individual judges may continue to hold hearings, conferences and bench trials in the

exercise of their discretion, including by teleconference or videoconference, consistent with this

order.

6. Criminal matters before Magistrate Judges, such as initial appearances, arraignments,

detention hearings and the issuance of search warrants, shall continue to take place in the ordinary

course, subject to the parties’ established ability to seek continuances or, as allowed by law, the

holding of telephonic or videoconference appearances.

7. The Bankruptcy Court, Clerk’s Office, Probation Office, Pretrial Services Office and all

other court services shall remain open pending further order of the court, although the method of

providing services may be modified to account for COVID-19 and attendant public health

advisories.

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8. This order does not affect grand juries, which are convened by the U.S. Attorney and

shall continue to meet as scheduled by his office.

9. This order may be modified, expanded or superseded at any time to account for the

developing nature of the COVID-19 public health emergency.

IT IS SO ORDERED.

DATED: March 16, 2020.

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EASTERN DISTRICT OF CALIFORNIA IN RE: ) GENERAL ORDER NO. 612 ) ADDITIONAL TEMPORARY ) RESTRICTIONS ON COURTHOUSE ) ACCESS AND IN COURT HEARINGS ) )

WHEREAS, the court previously has issued General Orders addressing the national,

regional and local public health emergency posed by the coronavirus (COVID-19) outbreak by

continuing all trials to May 1, 2020;

WHEREAS, since the issuance of the court’s prior orders circumstances related to the

outbreak have continued to quickly evolve, with state and local public agencies instituting further

enhanced measures to manage the spread of the virus and limit the potential for the illness and

death it can cause;

WHEREAS, within the Eastern District of California, the Sacramento County Public

Health Department has now issued an order for residents to stay at home to the extent possible

and many facilities to close, while recognizing the need for essential services to continue; and the

Fresno County Board of Supervisors has adopted a Local Emergency resolution and that County

has activated its Emergency Operations Center in response to COVID-19;

WHEREAS, the Judges of the United States District Court for the Eastern District of

California are continuing to balance the various interests implicated by the COVID-19 outbreak

and the court’s response to the outbreak, including: the health of jurors, witnesses, parties,

attorneys, the public whom it is our privilege to serve, Clerk’s Office and all court staff,

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Probation and Pretrial Services staff, chambers staff and judges; the constitutional rights of

criminal defendants and other parties; and the public’s interest in, and the court’s duty to ensure,

the effective and expeditious administration of justice;

NOW THEREFORE, effective immediately through May 1, 2020, the United States

District Court for the Eastern District of California hereby issues the following Order to

supplement its prior orders issued on March 12 and 17, 2020, with the findings relied on in those

orders incorporated in full herein:

1. In light of the current coronavirus (COVID-19) outbreak, all courthouses of the United

States District Court for the Eastern District of California shall be closed to the public. Only

persons having official court business as authorized by a Judge of the District Court or the

Bankruptcy Court, or a healthy building tenant having official business on behalf of a tenant

agency, may enter courthouse property. This order applies to the following divisional locations:

(1) The Robert T. Matsui United States Courthouse, 501 I Street, Sacramento;

(2) The Robert E. Coyle United States Courthouse, 2500 Tulare Street, Fresno;

(3) The Redding Federal Courthouse, 2986 Bechelli Lane, Redding;

(4) The Bakersfield Federal Courthouse, 510 19th Street, Bakersfield;

(5) The Yosemite Federal Courthouse, 9004 Castle Cliff Court, Yosemite; and

(6) The Modesto U.S. Bankruptcy Court, 1200 I Street, Second Floor, Modesto.

2. All of the court’s civil matters will be decided on the papers, or if the assigned Judge

believes a hearing is necessary, the hearing will be by telephone or videoconference. This applies

to all matters including motion hearings, case management conferences, pretrial conferences and

settlement conferences.

3. In civil matters and bankruptcy matters in which parties represent themselves (pro se

litigants), those parties are strongly encouraged to file documents by mail. For those unable to

file by mail the court will provide drop boxes for filing inside the entrances to the Sacramento,

Fresno and Modesto courthouses, that otherwise previously have accepted hand-delivered pro se

filings in the Clerk’s Offices for those courts.

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4. In the court’s criminal matters all initial appearances, arraignments and other essential

proceedings will continue to be held before the duty Magistrate Judges, unless the parties agree

to continue them; to the full extent possible matters that are maintained on calendar shall be

conducted by telephone or video conference.

5. In criminal cases before the District Judges, the assigned District Judge may continue

matters to a date after May 1, 2020, excluding time under the Speedy Trial Act with reference to

the court’s prior General Order 611 issued on March 17, 2020, with additional findings to

support the exclusion in the Judge’s discretion; if any criminal matters are maintained on

calendar, to the full extent possible they shall be conducted by telephone or video conference.

6. Any Judge may order case-by-case exceptions to any of the above numbered

provisions for non-jury court matters at the discretion of that Judge or upon the request of

counsel, after consultation with counsel.

IT IS SO ORDERED. DATED: March 18, 2020. FOR THE COURT:

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INTERPRETATION OF GENERAL ORDER 612;

CLARIFICATION REGARDING MEDIA ACCESS

Clarification

General Order 612 provides as follows, in pertinent part:

“Only persons having official court business as authorized by a Judge of the District Court or the Bankruptcy Court, or a healthy building tenant having official business on behalf of a tenant agency, may enter courthouse property.”

“Persons having official court business” is defined to mean only the following essential individuals: counsel representing a party to an item on a published court calendar and a party required by the court to appear in person for the matter calendared. Any other person who believes he or she has a right to attend a court proceeding, and desires to attend the hearing in person, must qualify as someone who is essential to the proceeding, obtain the advance written approval of the judge presiding over the proceeding and present that approval to court security in order to enter courthouse property.

Media Access

The court recognizes the Constitutional right of the media to access court proceedings on behalf of the public. Therefore, a member of the media may enter courthouse property upon presenting bonafide press credentials to court security and identifying a court proceeding that person will attend. If a member of the media wishes to monitor a court proceeding telephonically, that person shall contact the Courtroom Deputy for the judge presiding over the proceeding. Upon the media representative’s presentation of bonafide press credentials to the Courtroom Deputy, the Courtroom Deputy will provide instructions for allowing telephone access on a secure line, at no cost, to listen to the hearing with all other court rules in effect including the standing prohibition on audio recording.

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EASTERN DISTRICT OF CALIFORNIA IN RE: TEMPORARY PROCEDURES TO PROVIDE PRETRIAL SERVICE REPORTS BY EMAIL TO ASSIGNED COUNSEL (AUSA AND DEFENSE ATTORNEY) WHO ARE APPEARING TELEPHONICALLY OR BY VIDEO

GENERAL ORDER NO. 613

On March 18, 2020, the Eastern District of California issued General Order No. 612

which placed additional restriction on courthouse access based on the coronavirus (COVID-19)

outbreak. The Order requires that to the extent possible, all criminal matters be conducted by

telephonic or video conferences. Due to these telephonic and video appearances, the court finds

that it is necessary to implement temporary procedures for providing attorneys access to pretrial

services reports and to allow pretrial services officers to appear telephonically in criminal cases.

Pursuant to 18 U.S.C. § 3153, “[e]ach pretrial services report shall be made available to

the attorney for the accused and the attorney for the Government.” 18 U.S.C. § 3153(c)(1). The

Director is to issue regulations establishing the policy for the release of such information which

is to provide for the confidentiality requirement that the information be used only for purposes of

bail determination and is otherwise confidential. 18 U.S.C. § 3153(c)(2). The Guide to Judiciary

Policy provides that the pretrial report shall be made available to the defendant, and the attorneys

for the defendant and the government pursuant to the practice and procedure of the district court

in connection with a pretrial release or detention hearing. Guide to Judiciary Policy, Vol. 8A,

Appx. 5A. In this district, it has been the practice and procedure to physically provide copies of

FILEDMarch 25, 2020

CLERK, U.S. DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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the pretrial services report to the interested parties at the hearing and collect the report at the

conclusion of the hearing. However, in the current state of affairs, the parties are not present in

court to receive the pretrial services report. Good cause therefore exists to implement temporary

procedures to provide the pretrial services report while taking into account the confidentiality of

the information contained within the report.

Accordingly, through May 1, 2020 and any time thereafter based upon a further General

Order or any extension(s) of Generals Orders 611 and 612, the United States Pretrial Services for

the Eastern District of California may appear telephonically in criminal proceedings. Pretrial

Services shall email pretrial services reports to the assigned counsel (AUSA and FDO/Panel

Attorney/retained Counsel) who are appearing telephonically or by video in criminal cases.

Pursuant to the pretrial services confidentiality regulations, 18 U.S.C. § 3153(c)(1), pretrial

services reports shall be used only for the purposes of bail determination. Pretrial services

reports shall be made available to the attorney for the accused and the attorney for the

government. Pretrial services reports are not public record, shall not be reproduced or disclosed

to any other party, and shall remain confidential. Once the matter is complete the email shall be

deleted and no record of the pretrial services report shall be kept by the recipient.

IT IS SO ORDERED. Dated: March 25, 2020. FOR THE COURT: ____________________________________ /s/ Edmund F. Brennan KIMBERLY J. MUELLER, CHIEF JUDGE EDMUND F. BRENNAN UNITED STATES DISTRICT COURT CHIEF MAGISTRATE JUDGE /s/ Deborah L. Barnes /s/ Stanley A. Boone DEBORAH L. BARNES STANLEY A. BOONE MAGISTRATE JUDGE MAGISTRATE JUDGE /s/ Allison Claire /s/ Dennis M. Cota ALLISON CLAIRE DENNIS M. COTA MAGISTRATE JUDGE MAGISTRATE JUDGE

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/s/ Carolyn K. Delaney /s/ Erica P. Grosjean CAROLYN K. DELANEY ERICA P. GROSJEAN MAGISTRATE JUDGE MAGISTRATE JUDGE /s/ Barbara A. McAuliffe /s/ Kendall J. Newman BARBARA A. McAULIFFE KENDALL J. NEWMAN MAGISTRATE JUDGE MAGISTRATE JUDGE /s/ Sheila K. Oberto /s/ Jeremy D. Peterson SHEILA K. OBERTO JEREMY D. PETERSON MAGISTRATE JUDGE MAGISTRATE JUDGE /s/ Jennifer L. Thurston JENNIFER L. THURSTON MAGISTRATE JUDGE

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EASTERN DISTRICT OF CALIFORNIA IN RE: CORONAVIRUS PUBLIC EMERGENCY AUTHORIZING VIDEO- TELECONFERENCING AND TELEPHONE CONFERENCING FOR CRIMINAL PROCEEDINGS UNDER SECTION 15002 OF THE CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY (CARES) ACT


This court issues this General Order1 as another in a series of General Orders in response

to the exponential spread of the Coronavirus Disease 2019 (COVID-19) in the Eastern District of

California and elsewhere, making the following findings and orders:

WHEREAS on March 27, 2020, the President signed the Coronavirus Aid, Relief, and

Economic Security (CARES) Act, H.R. 748 (the “CARES Act”), into law;

WHEREAS on March 29, 2020, pursuant to Sections 15002(b)(1) and 15002(b)(2)(A) of

the CARES Act, the Judicial Conference of the United States found that emergency conditions

due to the national emergency declared by the President under the National Emergencies Act (50

U.S.C. § 1601 et seq.) with respect to COVID–19 have affected and will materially affect the

functioning of the federal courts generally;

1 As the court was preparing this order on its own motion, it received email communications from the U.S. Attorney and Federal Defender for the Eastern District of California. The court has considered those communications in finalizing this order.

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WHEREAS, this court has previously issued General Order Nos. 610, 611, 612 and 613,

making findings and implementing temporary emergency procedures in response to the COVID–

19 crisis, and those General Orders remain in effect;

WHEREAS, for the reasons previously set forth in those orders, I specifically find that

felony pleas under Rule 11 of the Federal Rules of Criminal Procedure and felony sentencings

under Rule 32 of the Federal Rules of Criminal Procedure generally cannot be conducted in

person in this district without seriously jeopardizing public health and safety;

WHEREAS, given infrastructural and technological limitations both within the court

system, the various jails in the district housing federal detainees, and the Bureau of Prisons,

videoconferencing is not yet reasonably available to conduct most if not all criminal hearings in

the Eastern District of California;

As Chief Judge, under the authority granted by Section 15002(b)(1) of the CARES Act, I

hereby order as follows:

(1) I hereby authorize the use of videoconferencing, or telephone conferencing if

videoconference is not reasonably available, for all events listed in Section 15002(b) of the

CARES Act, including:

a. Detention hearings under 18 U.S.C. § 3142;

b. Initial appearances under Fed. R. Crim. P. 5;

c. Preliminary hearings under Fed. R. Crim. P. 5.1;

d. Waivers of indictment under Fed. R. Crim. P. 7(b);

e. Arraignments under Fed. R. Crim. P. 10;

f. Probation and supervised release revocation proceedings under Fed. R.

Crim. P. 32.1;

g. Pretrial release revocation proceedings under 18 U.S.C. § 3148;

h. Appearances under Fed. R. Crim. P. 40;

i. Misdemeanor pleas and sentencings as described in Fed. R. Crim. P.

43(b)(2); and

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j. Proceedings under 18 U.S.C. ch. 403 (the “Federal Juvenile Delinquency

Act”), except for contested transfer hearings and juvenile delinquency

adjudication or trial proceedings.

(2) If a judge in an individual case finds, for specific reasons, that a felony plea or sentencing

in that case cannot be further delayed without serious harm to the interests of justice, the judge

may, with the consent of the defendant after consultation with counsel, use videoconferencing, or

teleconferencing if videoconferencing is not reasonably available, for the felony plea or

sentencing in that case. The defendant’s consent may be obtained on the record at the time of the

relevant event and need not be in writing.

(3) As provided by Section 15002(b)(3) of the CARES Act, the authorization provided in this

order will remain in effect for 90 days unless terminated earlier. If emergency conditions

continue to exist 90 days from the entry of this order, I will review this authorization and

determine whether to extend it.

IT IS SO ORDERED.

DATED: March 30, 2020.

FOR THE COURT:

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EASTERN DISTRICT OF CALIFORNIA

IN RE: SOCIAL SECURITY MATTERS UNDER 42 U.S.C. § 405(g) DURING THE COVID-19 PUBLIC EMERGENCY


The United States has moved ex parte for a temporary order staying civil matters

involving the Commissioner of Social Security as a party under 42 U.S.C. § 405(g) due to the

COVID-19 public health emergency. For good cause shown, the Chief Judge issues this Order:

1. All cases proceeding under Sections 205(g) and (h) of the Social Security Act, 42

U.S.C. § 405(g) and (h) (herein referred to as 42 U.S.C. § 405(g)), require the Commissioner of

Social Security (Commissioner) to prepare and file a certified copy of the administrative record

(CAR), “including the evidence upon which the findings and decision complained of are based.”

42 U.S.C. § 405(g).

2. The Commissioner's Office of Appellate Hearings Operations (OAO) prepares the

certified administrative records for all courts in the country. OAO personnel are located at one

site, in Falls Church, Virginia.

3. Due to the COVID-19 public health emergency, OAO staff are not authorized to

report for duty on site and the Commissioner is unable to prepare the CAR for any current or

future cases while the public health emergency continues.

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4. The United States seeks a stay of all Social Security cases brought under 42 U.S.C. §

405(g) until such time as the Commissioner can resume preparation of CARs.

5. Based upon the number of cases already impacted, and the ongoing nature of the

emergency, requesting individual extensions of time or stays in all cases is impractical,

particularly at a time when counsel for the Social Security Administration and the United States

Attorney’s Office are also impacted by the COVID-19 public health emergency.

6. To preserve the status quo until such time as the Commissioner may begin normal

operations at OAO and may resume preparation of CARs, all civil cases filed on or after

February 1, 2020, brought against the Commissioner under 42 U.S.C. § 405(g), except those

cases in which a CAR has already been filed, are hereby stayed, unless otherwise ordered by the

assigned district judge or magistrate judge.

7. This Order does not alter, vacate, or stay any obligation of individuals to pay amounts

previously lawfully determined to be owed to the United States or to an agency or office of the

United States, including the Social Security Administration.

8. This Order does not prohibit, in any manner, the ability of parties to file claims or

commence actions against the Commissioner under 42 U.S.C. § 405(g). However, all cases or

matters commenced on or after February 1, 2020, except those in which a CAR has already been

filed, will be immediately stayed.

9. Once OAO can resume operations, there will be a backlog of work that will continue

to impact the Commissioner's ability to prepare CARs. Therefore, at such time as the

Commissioner resumes preparation of CARs, the stay described in this Order will be lifted on an

individual case-by-case basis, as CARs become available.

10. The stay described in this Order will be lifted on a rolling basis automatically in an

individual case when either: i) the Commissioner files a proof of service showing that the CAR

has been served on Plaintiff; or ii) the Commissioner files the CAR. Thereafter, case deadlines

will proceed according to the applicable case management orders and local rules. No motion or

other notification will be required to lift the stay in any individual case.

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11. The stay described in this Order may be lifted in any particular case by the presiding

judge or magistrate judge upon a showing of good cause, including where the claimant lacks the

income and resources necessary to meet minimum subsistence for food or shelter.

IT IS SO ORDERED.


FOR THE COURT:

____________________________________ KIMBERLY J. MUELLER, CHIEF JUDGE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA IN RE: CONSENT AND SIGNATURE REQUIREMENTS ON DOCUMENTS FILED IN CRIMINAL ACTIONS DURING THE COVID-19 PUBLIC EMERGENCY


As reviewed in this court’s prior General Orders 611-615, the current public health crisis

surrounding the outbreak and spread of the coronavirus (COVID-19) is causing and is expected

to continue to cause significant disruption throughout the Eastern District of California, with

temporary closure of courthouses and offices, travel restrictions and disruptions and delays in the

use of the mail and delivery services.

Moreover, diagnosed cases of COVID-19 among correctional staff and inmates in at least

one detention facility in the Eastern District so far have caused restrictions on the movement of

defendants to and from court, with additional restrictions likely before the coronavirus pandemic

subsides. These and other considerations have led judges in this District to conduct proceedings

remotely by videoconference or other means, as provided by General Order 614, with defense

counsel and defendants sometimes in separate locations. As a result, the court has a need to

clarify the application of certain rules with respect to signatures on documents.

In particular, some Federal Rules of Criminal Procedure, including but not necessarily

limited to Rules 10(b)(2), 15(c)(l)(A), 20(a)(l), 23(a)(l), 32(e) and 43(b)(2), allow for consent or

waiver of certain rights by a defendant, but require that such consent or waiver be in writing.

FILEDApril 15, 2020


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More broadly, various documents, including but not limited to financial affidavits, appearance

bonds/orders for release, and consents to waive preliminary hearings call for the signatures of

defendants, counsel, and/or judges. The current circumstances are likely to make it

impracticable, if not impossible, to obtain actual signatures in a timely and safe manner.

For these reasons, IT IS ORDERED THAT, where a judge finds that obtaining an actual

signature is impracticable or imprudent in light of the public health situation relating to COVID-

19, any document may be signed electronically using the format “/s/ name.”

IT IS FURTHER ORDERED that, where a defendant's signature is called for, unless

otherwise ordered by the court defense counsel may sign electronically on the defendant's behalf

using the format “/s/ name” and file the signed document electronically after defendant has an

opportunity to consult with counsel and consents to counsel’s signing on defendant’s behalf.

IT IS FURTHER ORDERED THAT, for the avoidance of doubt, where consent or

waiver is not explicitly required to be in writing by the Federal Rules of Criminal Procedure or

other applicable law, such consent or waiver may be obtained in whatever form is most

practicable under the circumstances, so long as the defendant's consent or waiver is clearly

reflected on the record.

IT IS SO ORDERED.


FOR THE COURT:

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EASTERN DISTRICT OF CALIFORNIA IN RE: ) GENERAL ORDER NO. 617 ) EXTENDING TEMPORARY ) RESTRICTIONS ON COURTHOUSE ) ACCESS AND IN COURT HEARINGS ) )



continuing all trials and closing its courthouses to the public until May 1, 2020;

WHEREAS, since the issuance of the court’s prior orders circumstances related to the

outbreak have continued to evolve, with state and local public agencies instituting still further

enhanced measures to manage the spread of the virus and limit the potential for the illness and

death it can cause;

WHEREAS, this week the President of the United States has announced federal

guidelines for reopening the economy, while at the same time deferring to governors to

determine when states will resume normal operations;

WHEREAS, this week the Governor of California has outlined six steps for reopening

public and private sector operations and lifting restrictions in place throughout the state, without

providing a definite date by which restrictions will be lifted;

AND WHEREAS, the Judges of the United States District Court for the Eastern District

of California, in consultation with the Clerk of Court, continue to closely monitor developments

and balance the various interests implicated by the COVID-19 outbreak and the court’s response

FILEDApril 17, 2020


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to the outbreak, including: the health of jurors, witnesses, parties, attorneys, the public whom it is

our privilege to serve, Clerk’s Office and all court staff, Probation and Pretrial Services staff,

chambers staff and judges; the constitutional rights of criminal defendants and other parties; and

the public’s interest in, and the court’s duty to ensure, the effective and expeditious

administration of justice;

NOW THEREFORE, in light of the best information available to the Judges of the

Eastern District of California at this time, effective immediately through June 1, 2020, I hereby

issue the following Order on behalf of the Court to supplement the prior orders issued on March

12, 17, 18 and 30, 2020, with the findings relied on in those orders incorporated in full herein:

1. In light of the current coronavirus (COVID-19) outbreak, all courthouses of the United

States District Court for the Eastern District of California shall remain closed to the public. Only

persons having official court business as authorized by a Judge of the District Court or the

Bankruptcy Court, or a healthy building tenant having official business on behalf of a tenant

agency, may enter courthouse property. This order applies to the following divisional locations:







2. The court will not call in jurors for service in civil or criminal jury trials until June 15,

2020, at the earliest, if courthouses reopen to the public on June 1, 2020. All civil and criminal

jury trials in the Eastern District of California scheduled to begin before June 15, 2020 are

further continued pending further order of the court.

3. All of the court’s civil matters will be decided on the papers, or if the assigned Judge

believes a hearing is necessary, the hearing will be by telephone or videoconference. This applies

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to all matters including motion hearings, case management conferences, pretrial conferences and

settlement conferences.


litigants), those parties continue to be strongly encouraged to file documents by mail. For those

unable to file by mail the court is providing drop boxes for filing inside the entrances to the

Sacramento, Fresno and Modesto courthouses, that otherwise previously have accepted hand-

delivered pro se filings in the Clerk’s Offices for those courts.

5. In the court’s criminal matters, all initial appearances, arraignments and other essential



conducted by telephone or videoconference as provided by General Order 614.

6. In criminal cases before the District Judges, the assigned District Judge may continue

matters to a date after June 1, 2020, excluding time under the Speedy Trial Act with reference to

the court’s prior General Order 611 issued on March 17, 2020, the court’s subsequent declaration

of a judicial emergency based on 18 U.S.C. § 3174, and the Ninth Circuit Judicial Council’s

Order of April 16, 2020 continuing this court’s judicial emergency for an additional one-year

period and suspending the time limits of 18 U.S.C. § 3161(c) until May 2, 2021, with additional

findings to support the exclusion in the Judge’s discretion; if any criminal matters are maintained

on calendar, to the full extent possible they shall be conducted by telephone or videoconference,

also as provided by General Order 614.


provisions for non-jury court matters at the discretion of that Judge or upon the request of

counsel, after consultation with counsel.

IT IS SO ORDERED. DATED: April 17, 2020. FOR THE COURT:

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EASTERN DISTRICT OF CALIFORNIA

In re

EXTENSION OF DEADLINESRELATED TO 11 U.S.C. § 341 FIRST MEETINGS OF CREDITORSCONTINUED BY THE U.S. TRUSTEE

))))))))

Amended General Order 20-02

(Amended April 16, 2020)

On March 16, 2020, due to concerns with the coronavirus (COVID-19) pandemic, the

travel and meeting restrictions ordered by the State of California and local governmental entities,

and General Order 612 issued by the District Court restricting access to the Federal Courthouses

in this District; the Office of the United States Trustee announced the continuance of all meetings

of creditors required under 11 U.S.C. § 341 (“341 Meetings”) scheduled through April 10, 2020.

Various Federal Rules of Bankruptcy Procedure impose specific deadlines and dates for action

that are computed from the date first set for the Meetings (such date first set referenced in this

General Order as the “Initial 341 Meeting”).

Due to the necessity for all Initial 341 Meetings to be continued, the ability of debtors,

trustees, the U.S. Trustee, and other parties in interest to timely act within such deadlines is

impaired. Though the debtor or parties in interest may request the court extend such deadlines on

a case by case basis, due to the large number of Initial 341 Meetings continued due to the

restricted access to the Federal Courthouses, it is not only impractical to require individual,

piecemeal motions to extend such deadlines filed by debtors and other parties in interest, but such

would impose an undue burden on judicial resources, especially in light of the restricted physical

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access to the Courthouses and the limited ability of court personnel to be present at the court.

To address the scheduling and deadline issues, the court adopted General Order 20-02,

providing for extension of specified deadlines and dates by which specified actions must be

completed by Debtors to be computed from the first date the First Meeting of Creditors was

conducted with the debtor present, whether in person or telephonically.

Subsequent to the issuance of that General Order, a practical deadline issue was identified

concerning Chapter 13 cases and the deadline for the Chapter 13 trustees and creditors to file

objections to confirmation as provided in Local Bankruptcy Rule 3015-1(c)(4), which is seven

days after the date first set for the Initial 341 Meeting.

Additionally, with the extended delays in 341 Meetings, the meeting having to be

conducted telephonically, the restrictions on travel and physical limitations on obtaining

documents and other responses to issues arising at the 341 Meetings, and the need to continue the

341 Meetings as identified above, such continuances would necessitate the filing of precautionary

objections to confirmation because the parties are unable to immediately resolve these issues.

Therefore, an extension of the deadline for filing objections to confirmation of Chapter 13 plans is

appropriate.

Therefore, upon consideration of the continuance of all Initial 341 Meetings through at

least April 10, 2020; Federal Rules of Bankruptcy Procedure 1007(c), 1017(e)(1), 2015.3(d),

4004(b), 4007(c) 4008(a), and 9006(b) providing this court the authority to extend specified

deadlines thereunder; Eastern District of California Local Bankruptcy Rule 3015(c)(4); 11 U.S.C.

§ 105(a); Federal Rule of Bankruptcy Procedure 9029; the extension of the following dates and

deadlines necessarily required in light of the continuances of the Initial 341 Meetings in response

to the COVID-19 shelter in place directives and orders; General Order 612 issued by the Chief

District Court Judge for the Eastern District of California restricting physical access to the

courthouses in this District; and good cause appearing;

IT IS ORDERED that:

1. This General Order applies to all bankruptcy cases in which the date first set for

the Initial Meeting of Creditors is scheduled on or after March 16, 2020, and the Initial 341

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Meeting has been continued by the U.S. Trustee to a later date (“Continued Initial 341 Meeting”)

due to COVID-19 travel and event restrictions, and General Order 612.

2. For bankruptcy cases with a Continued Initial 341 Meeting, the following

deadlines set under the Federal Rules of Bankruptcy Procedure are extended to 60 days after the

date the Continued Initial 341 meeting, whether it is the first announced continued date or an

announced subsequent continued date, is actually first conducted with the debtor(s) present:1

a. The deadline under Federal Rule of Bankruptcy Procedure2 1007 for

debtors in a Chapter 7 case to file the statement required under Rule 1007(b)(7).

b. The deadline under Rule 1017(e) for the United States Trustee to file a

motion to dismiss for abuse.

c. The deadline under Rule 4004(a) for the filing of objections to the debtor’s

discharge under 11 U.S.C. § 727.

d. The deadline under Rule 4007(c) for filing complaints to determine the

dischargeability of certain debts under 11 U.S.C. § 523(c).

e. The deadline under Rule 4008(a) for filing a reaffirmation agreement.

3. The deadline set in Rule 2015.3(b) for the trustee or debtor in possession to file a

financial report regarding each entity that is not a publicly traded corporation or a debtor in a

bankruptcy case and in which the estate holds a substantial or controlling interest is extended to

seven days before the Continued Initial 341 Meeting, whether it is the first announced continued

date or an announced subsequent continued date, when the Continued Initial 341 Meeting is

actually first conducted with the debtor(s) present.

4. The deadline set in 11 U.S.C. § 1308(a) for Chapter 13 debtors to file prepetition

tax returns is extended to the day before the Continued Initial 341 Meeting, whether it is the first

announced continued date or an announced subsequent continued date, when the Continued Initial

1 The “presence” of the debtor(s) may be physically in person or telephonically, if suchtelephonic appearance is permitted by the bankruptcy trustee or order of the court.

2 Unless otherwise specified, reference in this General Order to “Rule” or “Rules” is tothe Federal Rules of Bankruptcy Procedure.

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§ 341 meeting is actually first conducted with the debtor(s) present.

5. The deadline in Chapter 13 cases set in Eastern District of California Local

Bankruptcy Rule 3015-1(c)(4) for the filing of objections to confirmation of a proposed Chapter

13 plan timely within fourteen days of the filing of the Chapter 13 petition is extended to seven

(7) days after the 341 Meeting is concluded and not continued to a further date.

Dated: April 16, 2020

__________________________ ___________________________Ronald H. Sargis Fredrick E. ClementChief Bankruptcy Judge Bankruptcy Judge

__________________________ ___________________________Christopher D. Jaime Rene Lastreto, IIBankruptcy Judge Bankruptcy Judge

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EASTERN DISTRICT OF CALIFORNIA IN RE: ) GENERAL ORDER NO. 618 ) FURTHER EXTENDING TEMPORARY ) RESTRICTIONS ON COURTHOUSE ) ACCESS AND IN COURT HEARINGS ) UNTIL FURTHER NOTICE ) )



continuing all trials and closing its courthouses to the public until June 1, 2020;

WHEREAS, since issuance of the court’s prior orders, the President of the United States

has provided guidelines for reopening public institutions, businesses and the economy generally,

accompanied by proposed gating criteria for states or regions to satisfy before proceeding to a

phased resumption of services and operations;

WHEREAS, the Governor of California has announced that the statewide stay home

order he issued on March 19, 2020 remains in effect until further notice, with modifications as of

May 8 and 12 effecting a gradual reopening of lower-risk workplaces, with further reopening

subject to compliance with defined readiness criteria;

WHEREAS, many of the 34 counties within the Eastern District of California continue to

maintain local public health orders supplementing the State of California’s stay home order and

requiring measures to manage the spread of the virus and limit the potential for the illness and

death it can cause;

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AND WHEREAS, the Judges of the United States District Court for the Eastern District

of California, in consultation with the Clerk of Court, continue to closely monitor developments

and balance the various interests implicated by the COVID-19 outbreak and the court’s response

to the outbreak, including: the health of jurors, witnesses, parties, attorneys, the public whom it is

our privilege to serve, Clerk’s Office and all court staff, Probation and Pretrial Services staff,

chambers staff and judges; the constitutional rights of criminal defendants and other parties; and

the public’s interest in, and the court’s duty to ensure, the effective and expeditious

administration of justice;

NOW THEREFORE, in light of the best information available to the Judges of the

Eastern District of California at this time, until further notice, on behalf of the Court, I hereby

issue the following Order superseding the prior General Order issued on April 17, 2020:

1. In light of the ongoing coronavirus (COVID-19) pandemic, all courthouses of the

United States District Court for the Eastern District of California shall remain closed to the

public. Only persons having official court business as authorized by a Judge of the District Court

or the Bankruptcy Court, or a healthy building tenant having official business on behalf of a

tenant agency, may enter courthouse property. This order applies to the following divisional

locations:







2. The court will not call in jurors for service in civil or criminal jury trials until further

notice.

47

3. All of the court’s civil matters will continue to be decided on the papers, or if the

assigned Judge believes a hearing is necessary, the hearing will be by telephone or

videoconference. This applies to all matters including motion hearings, case management

conferences, pretrial conferences and settlement conferences.


litigants), those parties are strongly encouraged to file documents by mail. For those unable to

file by mail the court is providing drop boxes for filing inside the entrances to the Sacramento,

Fresno and Modesto courthouses, where Clerk’s Offices otherwise previously have accepted

hand-delivered pro se filings.

5. In the court’s criminal matters all initial appearances, arraignments and other essential



conducted by telephone or video conference as provided by General Order 614, which remains in

effect.

6. In criminal cases before the District Judges, the assigned District Judge may exercise

his or her authority to continue matters, excluding time under the Speedy Trial Act with

reference to the court’s prior General Order 611 issued on March 17, 2020, the court’s

subsequent declaration of a judicial emergency based on 18 U.S.C. § 3174, and the Ninth Circuit

Judicial Council’s Order of April 16, 2020 continuing this court’s judicial emergency for an

additional one-year period and suspending the time limits of 18 U.S.C. § 3161(c) until May 2,

2021, with additional findings to support the exclusion in the Judge’s discretion; if any criminal

matters are maintained on calendar, to the full extent possible they shall be conducted by

telephone or video conference, also as provided by General Order 614.


provisions at the discretion of that Judge or upon the request of counsel, after consultation with

counsel and the Clerk of the Court to the extent such an order will impact court staff and

operations.

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IT IS SO ORDERED. DATED: May 13, 2020. FOR THE COURT:

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pandrews

Ninth Circuit

NORTHERN DISTRICT ORDERS

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NORTHERN DISTRICT OF CALIFORNIA

In re:

MATTERS PENDING IN THENORTHERN DISTRICT OF CALIFORNIA.

GENERAL ORDER 38

IN RE: Coronavirus Disease Public Health Emergency

WHEREAS the President of the United States has declared a National Emergency in

response to the COVID-19 (Coronavirus Disease) outbreak;

WHEREAS the Governor of California has declared a State of Emergency in response to the

outbreak;

WHEREAS the Centers for Disease Control and Prevention have recommended that

throughout the United States for an eight week period, organizations cancel or postpone events

consisting of 50 persons or more;

WHEREAS local public health departments have recommended that large gatherings be

avoided, that elderly and vulnerable populations avoid person-to-person contact, and that employers

allow employees to telework to the extent practicable;

WHEREAS seven Bay Area counties have announced a shelter in place order directing

everyone to stay inside their residences and away from others as much as possible for the next three

weeks as public health officials try to curb the rapid spread of Coronavirus across the regions;

WHEREAS Chief Judge Hamilton of the United States District Court for the Northern

1GENERAL ORDER 38

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District of California has issued General Orders Nos. 72 and 73 to address the Coronavirus Disease

outbreak, and that the San Jose, San Francisco, and McKinleyville bankruptcy courts are located

within the Federal Buildings that are subject to General Orders 72 and 73; and

WHEREAS to ensure that the United States Bankruptcy Court for the Northern District of

California adopts a uniform procedure to protect the health of the court staff, the attorneys who

practice before it, and all parties and other interested persons, and to ensure the effective and

expeditious administration of justice in its Salinas, San Jose, Oakland, San Francisco, Santa Rosa

and McKinleyville courtrooms;

NOW THEREFORE, the United States Bankruptcy Court for the Northern District of

California hereby issues the following Order, effective immediately and through May 1, 2020:

1. No in-court trial or evidentiary hearing will be commenced before May 1, 2020. All trial or

evidentiary hearing dates currently scheduled during that period are vacated and will be reset by the

presiding judge. There is no change to currently calendared motions or applications.

2. All counsel, parties and other interested persons who intend to appear on a calendared motion or

application shall appear telephonically. There will be no physical access to any courtroom. The

instructions for appearing by telephone can be found on the Bankruptcy Court's website:

http://www.canb.uscourts.gov/procedure/district-oakland-san-jose-san-francisco/policy-and-procedu

re-appearances-telephone

There is NO COST for this service for parties who are not represented by an attorney.

3. Any requirement that counsel or parties provide courtesy copies of filings to chambers is

suspended pending further notice.

4. Parties may continue matters that are set for hearing to future hearing dates that are consistent

with this Order. Dates are posted on each presiding judge’s calendar page. Requests for

continuances shall be made in a manner consistent with each presiding judge’s requirements.

5. Unless otherwise ordered by the presiding judge, there is no change to all other scheduling

procedures including, but not limited to, applications for emergency injunctive relief, orders

shortening time, and hearings on “First Day” Chapter 11 motions.

6. Parties are directed to the Bankruptcy Court’s website to determine the operating status of each

2GENERAL ORDER 38

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http://www.canb.uscourts.gov/procedure/district-oakland-san-jose-san-francisco/policy-and-procedure-appearances-telephone




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location.

7. This Order supersedes any inconsistent information or direction in any standing order or notice

related to the Coronavirus Disease outbreak.

IT IS SO ORDERED.

Dated: March 18, 2020

_________________________________Charles NovackChief Bankruptcy Judge

3GENERAL ORDER 38

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In re:

MATTERS PENDING IN THENORTHERN DISTRICT OF CALIFORNIA

AMENDED GENERAL ORDER 38

IN RE: COVID-19 Public Health Emergency


response to the COVID-19 outbreak;


outbreak and generally ordered that all individuals shelter-in-place;


District of California has issued General Orders Nos. 72 and 73 (as amended), which, among other

things, close the San Jose, Oakland and McKinleyville federal courts and consolidate that court’s

activities to its San Francisco court space; and




expeditious administration of justice in its San Jose, Oakland, San Jose, San Francisco, Santa Rosa,

Salinas and McKinleyville courtrooms;


1Amended General Order 38

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California hereby issues the following Amended Order, effective March 30, 2020 and through May

1, 2020:

1. All Bankruptcy Court locations are closed to the general public, and no court staff will be

physically present to assist any attorney, party or other interested person or accept any document for

filing at any court location. ECF Registered Participants may file electronically. All other parties

may submit documents for filing by mail, email, or drop-box. Filing fee payments may be submitted

by mail or drop-box.

Pleadings may be submitted by email to CANB-EMERGENCY-

[email protected].

Pleadings or filing fee payments submitted by mail should be sent by U.S. Mail to United

States Bankruptcy Court, 450 Golden Gate Avenue, Mail Box 36099, San Francisco, CA 94102.

Pleadings or filing fee payments may be submitted by drop-box at the San Francisco Federal

Courthouse, which is located at 450 Golden Gate Avenue, San Francisco, CA. Access to the

building and the drop-box is through the Turk Street entrance from 6 a.m. to 6 p.m. Individuals need

valid government issues identification to enter the building. A date stamp machine is provided next

to the drop-box, and documents will be picked up twice a week.

2. No in-court trial or evidentiary hearing will be held before May 1, 2020. All trials and

evidentiary hearings scheduled through May 1, 2020 are vacated and will be reset by the presiding

judge. If the circumstances warrant, the presiding judge may conduct a trial or evidentiary hearing

prior to, on or after May 1, 2020 by video conference or other authorized means. Unless otherwise

ordered by the presiding judge, there are no changes to currently calendared matters.

3. All counsel, parties and other interested persons who intend to appear on a calendared

motion or application shall appear telephonically. Again, there will be no physical access to any

courtroom. The instructions for appearing by telephone can be found on the Bankruptcy Court's

website:



There is NO COST for this service for parties who are not represented by an attorney or to


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any member of the press through April 30, 2020.

4. Any requirement that courtesy copies of filings be provided to chambers is suspended

pending further notice.

5. Parties may continue matters that are set for hearing to future hearing dates that are

consistent with this Order. Dates are posted on each presiding judge’s calendar page. Requests for


6. Unless otherwise ordered by the presiding judge, there is no change to all other

scheduling procedures including, but not limited to, applications for emergency injunctive relief,

orders shortening time, and hearings on “First Day” Chapter 11 motions.

7. This Order supersedes any inconsistent information or direction in any standing order or

notice related to the COVID-19 outbreak, and amends General Order 38, dated March 18,

2020.

IT IS SO ORDERED.




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In re:


SECOND AMENDED GENERAL ORDER38



response to the COVID-19 pandemic;


outbreak and generally ordered that all individuals shelter-in-place, and several counties within the

Northern District of California have extended their own shelter-in-place orders to May 31, 2020;



things, close the San Jose, Oakland and McKinleyville federal courts to the general public through

May 31, 2020; and




expeditious administration of justice in its San Jose, Oakland, San Jose, San Francisco, Santa Rosa,

Salinas and McKinleyville courtrooms;

1Second Amended General Order 38

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California hereby issues the following Second Amended General Order 38, which is effective March

30, 2020 and through May 31, 2020, and ORDERS as follows:

1. All Bankruptcy Court locations are closed to the general public, and no court staff will be

physically present to assist any attorney, party or other interested person or accept any document for

filing at any court location. ECF Registered Participants may file electronically. All other parties

may submit documents for filing by mail, email, or drop-box. Filing fee payments may be submitted

by mail or drop-box.

Pleadings may be submitted by email to CANB-EMERGENCY-

[email protected].

Pleadings or filing fee payments submitted by mail should be sent by U.S. Mail to United


Pleadings or filing fee payments may be submitted by drop-box at the San Francisco Federal

Courthouse, which is located at 450 Golden Gate Avenue, San Francisco, CA. Access to the

building and the drop-box is through the Turk Street entrance from 6 a.m. to 6 p.m. Individuals need

valid government issued identification to enter the building. A date stamp machine is provided next

to the drop-box, and documents will be retrieved and processed twice a week.

2. No in-court trial or evidentiary hearing will be held before May 31, 2020. All in-court

trials and evidentiary hearings scheduled through May 31, 2020 are vacated and will be reset by the

presiding judge. If the circumstances warrant, the presiding judge may conduct a trial or evidentiary

hearing by video conference or other authorized means. Unless otherwise ordered by the presiding

judge, there are no changes to currently calendared matters.


motion or application shall appear telephonically or, at the presiding judge’s discretion, by video.

Again, there will be no physical access to any courtroom. The instructions for appearing by

telephone can be found on the Bankruptcy Court's website:

http://www.canb.uscourts.gov/procedure/district-oakland-san-jose-san-francisco/policy-and-

procedure-appearances-telephone


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There is NO COST for this telephonic service for parties who are not represented by an

attorney or to any member of the press through June 30, 2020. The presiding judge shall provide

instructions for appearing by video as warranted. There is NO COST for this video service for

parties who are not represented by an attorney or to any member of the press through June 30, 2020,

and depending on the video platform used by the presiding judge, there may be NO COST for

parties who are represented by an attorney and for other interested parties.

4. Recordation of any court hearing by any means is strictly prohibited. Any person

recording a court hearing shall be subject to sanctions, including but not limited to the loss of that

person’s right to use the above telephonic and video services.

5. Any requirement that courtesy copies of filings be provided to chambers is suspended

pending further notice.


consistent with this Order. Dates are posted on each presiding judge’s calendar page. Requests for



scheduling procedures including, but not limited to, applications for emergency injunctive relief,

orders shortening time, and hearings on “First Day” Chapter 11 motions.

8. This Order supersedes any inconsistent information or direction in any standing order or

notice related to the COVID-19 pandemic, and replaces Amended General Order 38, dated March

30, 2020.

IT IS SO ORDERED.

May 1, 2020



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In re:


THIRD AMENDED GENERAL ORDER 38


WHEREAS the President of the United States has declared a national emergency in

response to the COVID-19 pandemic under the National Emergencies Act, 50 U.S.C. §§ 1601 et

seq.;


pandemic, has generally ordered that all individuals shelter-in-place, and only now is authorizing

counties throughout the State of California to reopen for certain commercial purposes;



things, close the San Francisco, San Jose, Oakland and McKinleyville federal courts to the general

public through September 30, 2020 for civil hearings and trials and requires all civil hearings and

trials to be postponed or to be conducted by video or teleconference; and

WHEREAS while the United States Bankruptcy Court for the Northern District of

California remains open to all parties who seek bankruptcy protection under all Chapters of the

Bankruptcy Code, it is imperative that it operates in a manner that protects the health and safety of

1Third Amended General Order 38

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all interested parties and its employees; and

WHEREAS to protect the health of the court staff, the attorneys who practice before it, and

all parties and other interested persons, and to ensure the effective and expeditious administration of

justice in its San Francisco, Oakland, San Jose, Santa Rosa, Salinas and McKinleyville courtrooms;


California hereby issues the following Third Amended General Order 38, effective immediately and

through September 30, 2020, and ORDERS as follows:

1. All Bankruptcy Court locations are closed to the general public, and no court staff

will be physically present to assist any attorney, party or other interested person or accept any

document for filing at any court location. ECF Registered Participants must file all documents

electronically. All other parties may submit documents for filing by mail, email, or drop-box. Filing

fee payments (no cash) may be submitted by mail or drop-box.

Documents may be submitted by email to CANB-EMERGENCY-

[email protected].

Documents or filing fee payments submitted by mail should be sent by U.S. Mail to United


Documents or filing fee payments may be submitted by drop-box in two locations: 1) at the

San Francisco Federal Courthouse, which is located at 450 Golden Gate Avenue, San Francisco,

CA. Access to the building and the drop-box is through the Turk Street entrance between 6 a.m. to 6

p.m. Monday - Friday (excluding federal holidays). Individuals must present valid government

issued identification to enter the building. A date stamp machine is provided next to the drop-box,

and documents will be retrieved and processed twice a week; and 2) at the San Jose Federal

Courthouse, which is located at 280 South First Street, San Jose, CA. Access to the building and

the drop-box is between 6 a.m. to 6 p.m. Monday - Friday (excluding federal holidays). Individuals

must present valid government issued identification to enter the building. A date stamp machine is

provided next to the drop-box, and documents will be retrieved and processed twice a week.

2. Absent express order of the presiding judge, no in-court trial or evidentiary hearing

will be held before September 30, 2020, and all in-court trials and evidentiary hearings scheduled


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through September 30, 2020 (that are not expressly ordered to proceed in-court as scheduled or by

other authorized means) are hereby VACATED and will be reset by the presiding judge. If the

circumstances warrant, the presiding judge may conduct a trial or evidentiary hearing by video or

other authorized means.


motion or application shall appear telephonically or, at the presiding judge’s discretion, by video.

Again, absent express order of the presiding judge, there will be no physical access to any

courtroom. Instructions for appearing by telephone can be found on the Bankruptcy Court's website:



There is NO COST for this telephonic service to parties who are not represented by an

attorney or to any member of the press through September 30, 2020. The presiding judge shall

provide instructions for appearing by video as warranted. There is NO COST for video

appearances.

4. Recordation of any court hearing by any means is strictly prohibited. Any

person recording a court hearing shall be subject to sanctions, including but not limited to the loss of

that person’s right to use the above telephonic and video services.

5. Until further notice, any requirement for the submission of chambers’ copies of

documents filed with the court is hereby suspended.


consistent with this Order. Available hearing dates are posted on each judge’s calendar page.

Requests for continuances shall be made in a manner consistent with the presiding judge’s

requirements.


scheduling procedures including, but not limited to, applications for injunctive relief, orders

shortening time, and hearings on “First Day” Chapter 11 motions.

8. Unless otherwise ordered by the presiding judge, all notices of any motion or


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application filed with the court and served on any party which sets a hearing date for the motion or

application must state that the hearing will not be conducted in the presiding judge’s courtroom but

instead will be conducted by telephone or video, and include the following language: “All interested

parties should consult the Bankruptcy Court’s website at www.canb.uscourts.gov for information

about court operations during the COVID-19 pandemic. The Bankruptcy Court’s website provides

information regarding how to arrange a telephonic or video appearance. If you have any questions

regarding how to appear at a court hearing, you may contact the Bankruptcy Court by

calling 888-821-7606 or by using the Live Chat feature on the Bankruptcy Court’s website.”

9. This Order supersedes any inconsistent information or direction in any standing order

or notice related to the COVID-19 pandemic, and replaces the Second Amended General Order 38.

IT IS SO ORDERED.

May 28, 2020



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In re:

DEBTOR(S)’ SIGNATURES ONELECTRONIC FILINGS.

GENERAL ORDER 39

ORDER TEMPORARILY SUSPENDING REQUIREMENT TO OBTAIN ORIGINAL

SIGNATURES FROM DEBTORS FOR ELECTRONIC FILINGS

WHEREAS, for reasons stated in General Order 38, the entire Bay Area is subject to Shelter

in Place orders arising from the Coronavirus Disease outbreak;

WHEREAS, a significant percentage of the documents and pleadings filed in the United

States Bankruptcy Court for the Northern District of California are filed electronically under the

court’s Electronic Case Filing Procedures (“ECF Procedures”);

WHEREAS, section 7 of the ECF Procedures provides in pertinent part that “The electronic

filing of a Verified Pleading constitutes a representation by the Registered Participant who files it

that at the same time of filing he or she possesses the fully executed original, signed pleading or

document;” and

WHEREAS, the Shelter In Place orders may prevent attorneys from timely obtaining

original signatures, thereby interfering with their ability to provide appropriate bankruptcy relief or

measures;

IT IS HEREBY ORDERED that effective upon the date of this Order and until further

1GENERAL ORDER 39

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notice, the Court hereby suspends, subject to the conditions stated below, the ECF Procedures’

requirement that a Registered Participant possess the signatory’s original, physical signature before

electronically filing a pleading or document. This suspension is expressly conditioned on the

following: that before filing the document or pleading in question, the Registered Participant has

either (a) obtained a digital signature via any commercially available digital signature software that

provides signature authentication and maintains a copy of the digitally signed document or pleading

in his or her case file; or (b) obtains express written permission from the signatory to file the

document or pleading in question. The filing of a document or pleading under this General Order

constitutes a certification that the Registered Participant either has obtained the signatory’s original,

physical signature or has complied with the foregoing conditions. The electronic signature or the

written permission shall have the same force and effect as if the Registered Participant possesses the

paper original of such document or pleading. This General Order does not waive, suspend, limit or

alter any other ECF Procedures requirement, and any Bankruptcy Local Rule, Bankruptcy Code

section, or Federal Rule of Bankruptcy Procedure.



* * *END OF ORDER* * *

2GENERAL ORDER 39

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In re:

SIGNATURES ON ELECTRONICFILINGS.


ORDER TEMPORARILY SUSPENDING REQUIREMENT TO OBTAIN ORIGINAL

SIGNATURES FOR ELECTRONIC FILINGS

WHEREAS, for reasons stated in amended General Order 38, the entire Bay Area is subject

to Shelter in Place orders arising from the COVID-19 outbreak;

WHEREAS, a significant percentage of the documents and pleadings filed in the United

States Bankruptcy Court for the Northern District of California are filed electronically under the

court’s Electronic Case Filing Procedures (“ECF Procedures”);

WHEREAS, section 7 of the ECF Procedures provides in pertinent part that “The electronic

filing of a Verified Pleading constitutes a representation by the Registered Participant who files it

that at the same time of filing he or she possesses the fully executed original, signed pleading or

document;” and

WHEREAS, the Shelter In Place orders may prevent attorneys from timely obtaining

original signatures, thereby interfering with their ability to provide appropriate bankruptcy relief or

measures;

IT IS HEREBY ORDERED that effective upon the date of this Order and until further

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notice, the Court hereby suspends, subject to the conditions stated below, the ECF Procedures’

requirement that a Registered Participant possess the signatory’s original, physical signature before

electronically filing a pleading or document. This suspension is expressly conditioned on the

following: that before filing the document or pleading in question, the Registered Participant has

either (a) obtained a digital signature via any commercially available digital signature software that

provides signature authentication and maintains a copy of the digitally signed document or pleading

in his or her case file; or (b) obtained express written permission from the signatory to file the

document or pleading in question and maintains a copy of such written permission in his or her case

file. The filing of a document or pleading under this amended General Order constitutes a

certification that the Registered Participant either has obtained the signatory’s original, physical

signature or has complied with the foregoing conditions. The electronic signature or the written

permission shall have the same force and effect as if the Registered Participant possesses the paper

original of such document or pleading. This General Order does not waive, suspend, limit or alter

any other ECF Procedures requirement, and any Bankruptcy Local Rule, Bankruptcy Code section,

or Federal Rule of Bankruptcy Procedure.



* * *END OF ORDER* * *

2


67

FILED UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNI JUN 11 2020

In the matter of

PROCEEDINGS DURING THE COVID-19 PUBLIC EMERGENCY

) ) ) ) )

Order of the 1 r"\ Chief Judge No.~

On March 17, 2020, the Chief Judge issued Order of the Chief Judge (OCJ) 18, declaring a judicial emergency for a period of 30 days under 18 U.S.C. § 3174 and setting forth Emergency Orders for the Southern District of California due to the COVID-19 public health emergency. That Order was subsequently amended and modified by OCJs 18-A and 22. On April 2, 2020, the Judicial Council of the Ninth Circuit ratified the judicial emergency declared in OCJ 18, and extended it for an additional period of up to one year. On April 15, 2020, the Chief Judge issued OCJ 24, extending the Emergency Orders for an additional period of 30 days. On May 15, 2020, the Chief Judge issued OCJ 27, again extending the Emergency Orders for a period of 30 days.

Many of the circumstances giving rise to the judicial emergency have not abated since May 15, 2020. And while the Court has implemented measures to protect the public, counsel, litigants, and Court staff, a state of public health emergency continues in the nation, the State of California, and the City of San Diego. In consideration of the factors outlined in OCJ 18, and to protect the public safety and prevent the spread of COVID-19, the Chief Judge, after seeking the recommendations of the Southern District of California planning group, hereby extends the judicial emergency for an additional period of 30 days and extends the Emergency Orders set forth in OCJ 18, as modified in OCJs 18-A and 26, and extended by OCJs 24 and 27. The Chief Judge further finds this extension serves the ends of justice under 18 U.S.C. § 3161(h)(7)(A).

II

II

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This Order is effective immediately and will remain in place until July 15, 2020 absent further order of the Court.

* * * IT IS SO ORDERED.

Dated: --------

Chief United States District Judge

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SOUTHERN DISTRICT ORDERS

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In the matter of


SOUTHERN DISTRICT OF CALIFORNI

FILED MAR 1 3 2020

CLERK US DISTRICT COURT SOUTHERN DISTRICT F CALIFORNIA BY DEPUTY

VISITOR RESTRICTIONS

) ) )

Order of the Chief Judge No. \1

_________ )

In order to protect the public safety, and prevent the spread of the coronavirus ( COVID-19), the Court adopts the following visitor restrictions for all courthouses and probation and pretrial services offices in the District:

VISITOR RESTRICTIONS

The United States District Court for the Southern District of California announces visitor restrictions to all courthouses and probation and pretrial services offices in the District as a result of the coronavirus outbreak.

The Centers for Disease Control and Prevention (CDC) has recommended to everyone to take precautions during the coronavirus outbreak and has advised that the best way to prevent illness is to avoid being exposed to this virus.

Therefore, effective immediately, the following persons will not enter any federal

courthouse or probation and pretrial services office in the Southern District of California:

• Persons who have traveled to any countries within the last fourteen days for which the CDC has issued Level Two or Level Three travel health notices, including, as of the date of this order:

China Italy Iran Japan South Korea (This list may be updated as further guidance is received.)

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• Persons who reside or have had close contact with someone who has traveled to any of those countries within the last fourteen days;

• Persons who have travelled to a quarantined area in the United States within the last fourteen days;

• Persons who have been asked to self-quarantine by any doctor, hospital, or health agency;

• Persons who have been diagnosed with, or have had contact with, anyone who has been diagnosed with the coronavirus;

• Persons with apparent symptoms of COVID-19, such as fever, severe cough, or shortness of breath;

• All visits by student groups and all tours of the Courthouses of the Southern District of California unrelated to a Court proceeding are hereby CANCELLED.

Anyone attempting to enter in violation of these protocols will be denied entry by a Court Security Officer.

If you have a scheduled appointment or you are otherwise required to appear at one of the courthouses or at the probation or pretrial service offices in the Southern District of California, and you are unable to appear because of these restrictions, you should proceed as follows:

• If you are represented by an attorney, you should immediately contact your attorney;

• If you are an attorney and you are scheduled to appear in court before a judge, please contact that judge's courtroom deputy directly;

• If you are scheduled to meet with a Probation or Pretrial Services officer, please visit the Probation and Pretrial Services Office websites at: https://www.casp.uscourts.gov/ and http://www.caspt.uscourts.gov/;

• If you are a juror, please contact the Jury Department at: (800) 998-9035 or https://www.casd.uscourts.gov/;

• For Bankruptcy Court matters, please visit the Bankruptcy Court's website at: https://www.casb.uscourts.gov/;

• For other District Court matters, please visit the District Court's website at: https://www.casd.uscourts.gov/.

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These restrictions are temporary and will remain in place until it is determined

to be safe to remove them. People who think they may have been exposed to the

coronavirus should contact their healthcare provider immediately.

* * *

IT IS SO ORDERED.

Dated: ---------

LARRY ALAN BURNS, Chief Judge

United States District Court

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MANDATORYTELEPHONICHEARINGGUIDELINES

Inordertoprotectpublicsafety,andpreventthespreadofthecoronavirus(COVID-19),theCourthasimplementedthefollowingproceduresfortelephonichearings.UnlessotherwisedirectedbythespecificJudge,allhearingswillbeheldtelephonically.UsingthisAT&TsystemisatnocosttotheparIesorthepublic.

NOTE:PursuanttoJudicialConferencepolicy,noexternalrecordingsofthesehearingsmaybemade.

Dial-InProceduresfortheAT&TReservaEon-lessConferenceCallSystem

• Usingalandline,dialtheappropriatetoll-freenumbershownonthelistbelow;nocellphonesorspeakerphonesshouldbeused.ThiswillimprovetheclarityofthecallforallparIcipants.

• Entertheaccesscodeassociatedwiththetoll-freenumber.

• Dialinatleast10minutesbeforethehearingIme.Youwillhearamessagethatthe“hosthasnotjoinedthecall”.Whenthecourtisreadytoproceed,thecourtroomdeputywillbringallparIcipantsintothecall.

• Placeallphonesonmute.Undernocircumstanceshouldyouplacethiscallonhold.Remembernocellorspeakerphones.

• Thecourtroomdeputywillcalleachcase.

• EachImeyouspeak,idenIfyyourselffortherecord.

ChiefJudgeMann-Department1Dial-InNumber:888-363-4735AccessCode:9131028

JudgeAdler-Department2Dial-InNumber:866-434-5269AccessCode:8111598

JudgeTaylor-Department3Dial-InNumber:888-398-2342AccessCode:9081287

JudgeLatham-Department5Dial-InNumber:888-557-8511AccessCode:7516966

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SOUTHERN DISTRICT OF CALIFORNIA

In re: ) FILED March 25, 2020 ) EXTENDING CERTAIN DEADLINES ) ADMINISTRATIVE ORDER DURING THE COVID-19 PUBLIC ) NO. 20-3 EMERGENCY ) ____________________________________________________ )

In response to the Region 15 United States Trustee’s ("UST's") Notice RE: Section 341

Meeting of Creditors continuing all § 341 meetings, and the UST's request that certain deadlines

contained in the Federal Rules of Bankruptcy Procedure ("Rules") and 11 U.S.C. § 1308 be

temporarily extended to accommodate logistical challenges related to the COVID-19 pandemic;

IT IS HEREBY ORDERED that:

Unless further extended pursuant to a further Administrative Order of the court, or an order

entered in a specific case, the following deadlines are extended in all cases pending or filed in this

District:

1. The 60-day deadline set under Rule 1007 for debtors in Chapter 7 cases to file the

statement required by Rule 1007(b)(7) will run from the continued date for the meeting of

creditors;

2. The deadline set under Rule 2003(a) for holding § 341 meetings will run from a

date to be determined by the UST;

3. The deadline set under Rule 2015.3(b) for the trustee or debtor in possession to file

a financial report regarding each entity that is not a publicly traded corporation or a debtor

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in a bankruptcy case and in which the estate holds a substantial or controlling interest will

run from the date that is seven days before the continued date for the meeting of creditors;

4. The deadline set under Rule 4008(a) for filing a reaffirmation agreement is

extended to 60 days after continued date for the meeting of creditors;

5. The deadline under 11 U.S.C. § 1308(a) for filing tax returns is extended to the day

before the continued date for the meeting of creditors;

6. The Rules specify that certain matters require a request or motion for extension

with an opportunity for hearing before the deadline can be extended. To accommodate

logistical issues arising from the COVID-19 pandemic, these matters ("Eligible Matters")

may, until further order of the court, be determined by an expedited notice of intended

action and opportunity for hearing under the following procedures:

a. Eligible Matters for the expedited notice of intended action procedure to request

an extension of the applicable deadline consist of the following: (1) Deadline

extensions for UST motions to dismiss for abuse under Rule 1017(e); (2)

Deadline extensions for Rule 4004(a) objections to a debtor’s discharge; and

(3) Deadline extensions for Rule 4007(c) objections to discharge of certain

debts.

b. A party seeking an extension of the deadline for any Eligible Matter due to

circumstances related to the COVID-19 pandemic must file a notice of intended

action stating:

NOTICE: Due to logistical issues related to the COVID-19 pandemic,

[PARTY] requires a 60-day extension of time to file [NAME OF

DOCUMENT], currently due on [CURRENT DUE DATE].

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c. The notice of intended action must be filed on or before the current deadline set

by the applicable Rule.

d. Any opposition or response to a notice of intended action must be filed and

served not more than ten days after service of the notice of intended action,

along with a request and notice for hearing substantially conforming to Local

Form CSD 1184.

e. If the opposition period expires without the timely filing of any opposition or

other response and a request for hearing, the extension request will be deemed

granted without the need for a hearing. The movant may then upload a proposed

order and comply with LBR 9013-10.

f. An extension requested by a party in interest, other than the acting

trustee or UST, will be made applicable only to that party in interest. Any

extension requested by the acting trustee or UST will be made applicable only

to the acting trustee or UST.

IT IS SO ORDERED.

Date: March 25, 2020 s/ Margaret M. Mann MARGARET M. MANN, Chief Judge

United States Bankruptcy Court

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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF CALIFORNIA

In re: ) FILED March 25, 2020 ) TEMPORARY SUSPENSION OF REQUIREMENT ) ADMINISTRATIVE ORDER TO OBTAIN ORIGINAL SIGNATURES FROM ) NO. 20-2 DEBTORS FOR ELECTRONIC FILINGS ) _______________________________________________ ) On March 13, 2020, the President of the United States declared a national emergency as a result of the COVID-19 pandemic. Due to the “social distancing” guidelines recommended by the Centers for Disease Control to prevent the spread of the COVID-19 pandemic; good cause exists to temporarily suspend on the conditions specified below the requirement of a “signature” as defined in 28 U.S.C. § 1746, including in regard to the documents specified in Fed. R. Bankr. P. 1008, as implemented in Local Bankruptcy Rule 5005-4(c). IT IS HEREBY ORDERED as follows:

Documents required to be signed by the debtor under penalty of perjury ("Verified Documents") may be filed electronically by the debtor’s attorney if the attorney either:

a. Complies with Local Bankruptcy Rule 5005-4(c) by obtaining the original, physical

signature before filing and by also filing Local Form CSD 1801; or

b. Files the Verified Document electronically without possessing the original signature only on satisfaction of the following conditions:

i. Before filing, the debtor’s attorney:

1. Transmitted the entire Verified Document to the debtor for review

and signature;

2. Communicated with the debtor regarding the substance and purpose of the Verified Document;

3. Received the entire Verified Document including the signature page from the debtor electronically (by email, text or digital signature software) or by facsimile machine, which the attorney continues to maintain; and

4. Received express authorization from the debtor to file the Verified

Document.

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5. The Verified Document must contain the debtor's signature in image

format when filed electronically by the debtor's attorney.

6. The filing of a Verified Documents will constitute a representation and certification that the debtor’s attorney has complied with the conditions of this Administrative Order. This certification must also be contained in a paper filed with the court within 30 days of filing the Verified Document.

This Administrative Order does not waive, suspend, limit or alter any other Administrative Procedures requirement, or any Bankruptcy Local Rule, Bankruptcy Code section, or Federal Rule of Bankruptcy Procedure. IT IS FURTHER ORDERED that the suspension of the debtor signature requirement on the petition filing date in accordance with this Administrative Order will remain in effect until further order from the court. DATED: March 25, 2020 s/Margaret M. Mann MARGARET M. MANN

Chief Judge, U.S. Bankruptcy Court

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In re: ) ) FILED April 6, 2020 AMENDING TEMPORARY SUSPENSION ) OF REQUIREMENT TO OBTAIN ORIGINAL ) ADMINISTRATIVE ORDER SIGNATURES FOR ELECTRONIC FILINGS ) NO. 20-2-A ) _______________________________________________ ) On March 13, 2020, the President of the United States declared a national emergency as a result of the COVID-19 pandemic. Due to the “social distancing” guidelines recommended by the Centers for Disease Control to prevent the spread of the COVID-19 pandemic; good cause exists to temporarily suspend on the conditions specified below the requirement of a “signature” as defined in 28 U.S.C. § 1746 for documents that cannot be otherwise timely filed due to lack of an opportunity for personal contact between the attorney and client. IT IS HEREBY ORDERED as follows:

1. If the attorney is unable to timely comply with the filing of any documents required to be signed by any party under penalty of perjury ("Verified Documents") with a "wet signature" due to problems relating to the COVID 19 pandemic, the court will temporarily accommodate those problems pending further order of the court, if the attorney complies with the following conditions as well as any conditions specified under Local Bankruptcy Rule 5005 that are not temporarily changed by this order:

2. For documents other that those specified in Bankruptcy Rule 7008, the attorney must:

a. Transmit the entire Verified Document to the client for review and signature;

b. Communicate with the client regarding the substance and purpose of the Verified Document;

c. Before filing, either receive oral permission for the attorney to sign the document as if the client were to be signing under penalty of perjury, or receive back from the client facsimile, pdf, scan, or photo of the signed Verified Document; and

d. File with the court before the earlier of the hearing to which the Verified Document applies, or 28 days thereafter, an amended Verified Document that contains the scanned signature of the client.

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3. Regarding only the documents specified in Fed. R. Bankr. P. 1008, as implemented in Local Bankruptcy Rule 5005-4(c), the debtor attorney must comply with the requirements of ¶¶2 a, b and c, and in addition:

a. Comply with Local Bankruptcy Rule 5005-4(c) by obtaining the original physical

signature by U.S. Mail, facsimile, pdf, scan, or photo of the signed local form and by filing a scanned Local Form CSD 1801, Local Form CSD 1099, or Local Form CSD 1100, as applicable.

b. If the applicable Local CSD Form is not filed with the Verified Document, the court will issue a deficiency notice, but the notice period will be extended to 28 days during which time the applicable CSD Form containing the debtor's signature must be filed.

4. For all Verified Documents, in lieu of compliance with ¶2 or 3 above, the court will accept

a signature by the party achieved by digital signing software, if proof of use of that process is filed with the Verified Document.

5. The filing of Verified Documents will constitute a representation and certification under penalty of perjury that the debtor’s attorney has complied with the conditions of this Administrative Order.

This Administrative Order does not waive, suspend, limit or alter any other Administrative Procedures requirement, or any Bankruptcy Local Rule, Bankruptcy Code section, or Federal Rule of Bankruptcy Procedure. IT IS FURTHER ORDERED that the suspension of the debtor signature requirement on the petition filing date in accordance with this Administrative Order will remain in effect until further order from the court. DATED: April 6, 2020 s/ Margaret M. Mann MARGARET M. MANN

Chief Judge, U.S. Bankruptcy Court

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In re: ) Filed: May 1, 2020 ) ADOPTION OF TEMPORARY ) BANKRUPTCY GENERAL AMENDMENT TO INTERIM ) ORDER NO. 196 BANKRUPTCY RULE 1020 ) CORRESPONDING TO THE ) CORONAVIRUS AID, RELIEF, ) AND ECONOMIC SECURITY ACT ) _____________________________________ )

On January 28, 2020, the Court adopted the Interim Amendments to the Federal Rules of

Bankruptcy Procedure to implement the changes mandated by the Small Business Reorganization Act of 2019. The Interim Amendments included modifications to Rule 1020 of the Federal Rules of Bankruptcy Procedure. On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) was signed into law, and section 1113 of that legislation made several temporary changes to the Bankruptcy Code to provide financial assistance during the coronavirus crisis. Further amendments to Interim Rule 1020 are now required to account for the CARES Act.

IT IS ORDERED that, pursuant to 28 U.S.C. § 2071, Rule 83 of the Federal Rules of

Civil Procedure, and Rule 9029 of the Federal Rules of Bankruptcy Procedure, the attached amendment to Interim Rule 1020 (“Amended Interim Rule 1020”) is adopted in its entirety without modification by the Judges of this Court to be effective as of the date of this Order;

IT IS FURTHER ORDERED that Amended Interim Rule 1020 will remain in effect

while the legislation remains effective, or until further order of this Court. DATED: ______________________ s/Margaret M. Mann s/Louise DeCarl Adler MARGARET M. MANN LOUISE DeCARL ADLER Chief Judge, U.S. Bankruptcy Court Judge, U.S. Bankruptcy Court s/Laura S. Taylor s/Christopher B. Latham

LAURA S. TAYLOR CHRISTOPHER B. LATHAM Judge, U.S. Bankruptcy Court Judge, U.S. Bankruptcy Court

General Order No. 196

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Attachment

Rule 1020. Chapter 11 Reorganization Case for Small 1

Business Debtors or Debtors Under Subchapter V 2

(a) SMALL BUSINESS DEBTOR 3

DESIGNATION. In a voluntary chapter 11 case, the debtor 4

shall state in the petition whether the debtor is a small 5

business debtor or a debtor as defined in § 1182(1) of the 6

Code and, if the latter so, whether the debtor elects to have 7

subchapter V of chapter 11 apply. In an involuntary chapter 8

11 case, the debtor shall file within 14 days after entry of the 9

order for relief a statement as to whether the debtor is a small 10

business debtor or a debtor as defined in § 1182(1) of the 11

Code and, if the latter so, whether the debtor elects to have 12

subchapter V of chapter 11 apply. The status of the case as 13

a small business case or a case under subchapter V of chapter 14

11 shall be in accordance with the debtor’s statement under 15

this subdivision, unless and until the court enters an order 16

finding that the debtor’s statement is incorrect. 17

(b) OBJECTING TO DESIGNATION. The United 18

States trustee or a party in interest may file an objection to 19

the debtor’s statement under subdivision (a) no later than 30 20

days after the conclusion of the meeting of creditors held 21

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under § 341(a) of the Code, or within 30 days after any 22

amendment to the statement, whichever is later. 23

(c) PROCEDURE FOR OBJECTION OR 24

DETERMINATION. Any objection or request for a 25

determination under this rule shall be governed by Rule 9014 26

and served on: the debtor; the debtor’s attorney; the United 27

States trustee; the trustee; the creditors included on the list 28

filed under Rule 1007(d) or, if a committee has been 29

appointed under § 1102(a)(3), the committee or its 30

authorized agent; and any other entity as the court directs. 31

Committee Note

The interim rule is amended in response to the enactment of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), Pub. L. No. 116-136, 134 Stat. 281. That law provides a new definition of “debtor” for determining eligibility to proceed under subchapter V of chapter 11. Subdivision (a) of the rule is amended to reflect that change. This amendment to the Code will terminate one year after the date of enactment of the CARES Act.

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Rule 1020. Chapter 11 Reorganization Case for Small

Business Debtors or Debtors Under Subchapter V

(a) DEBTOR DESIGNATION. In a voluntary

chapter 11 case, the debtor shall state in the petition whether

the debtor is a small business debtor or a debtor as defined

in § 1182(1) of the Code and, if the latter, whether the debtor

elects to have subchapter V of chapter 11 apply. In an

involuntary chapter 11 case, the debtor shall file within 14

days after entry of the order for relief a statement as to

whether the debtor is a small business debtor or a debtor as

defined in § 1182(1) of the Code and, if the latter, whether

the debtor elects to have subchapter V of chapter 11 apply.

The status of the case as a small business case or a case under

subchapter V of chapter 11 shall be in accordance with the

debtor’s statement under this subdivision, unless and until

the court enters an order finding that the debtor’s statement

is incorrect.

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(b) OBJECTING TO DESIGNATION. The United

States trustee or a party in interest may file an objection to

the debtor’s statement under subdivision (a) no later than 30

days after the conclusion of the meeting of creditors held

under § 341(a) of the Code, or within 30 days after any

amendment to the statement, whichever is later.

(c) PROCEDURE FOR OBJECTION OR

DETERMINATION. Any objection or request for a

determination under this rule shall be governed by Rule 9014

and served on: the debtor; the debtor’s attorney; the United

States trustee; the trustee; the creditors included on the list

filed under Rule 1007(d) or, if a committee has been

appointed under § 1102(a)(3), the committee or its

authorized agent; and any other entity as the court directs.

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Chief Judge Margaret Mann, Southern District of California Bankruptcy Judge Margaret M. Mann was appointed a U.S. bankruptcy judge for the Southern District of California on April 2, 2010 and was recently appointed Chief Judge on October 1, 2019. Judge Mann is a fellow with the American College of Bankruptcy and a founding member of the San Diego Bankruptcy Forum. Before becoming a judge, she was listed in Best Lawyers in America, and served leadership roles in numerous bankruptcy and civic organizations, including the State Bar Debtor Creditor Committee, Lawyers Club, Athena and the California Bankruptcy Forum. She has been invited to speak on panels by the American College of Bankruptcy, the American Bar Association, the American Bankruptcy Institute, and the California Bankruptcy Forum. Judge Mann was a partner at Sheppard Mullin Richter & Hampton LLP and from 2003 to 2008 she served as chair of the Restructuring and Insolvency Practice and national hiring chair for Heller Ehrman LLP before she took the bench. Judge Mann received her B.A. in finance, cum laude, from the University of Illinois in 1978 and attended the Tilburg School of Economics in The Netherlands in 1978. She received her J.D. from the University of Southern California, Gould School of Law, in 1981. Judge Mann has been active in public service throughout her legal career, and recently received the Outstanding Service Award from the Legal Aid Society of San Diego.

Chief Judge Charles Novack, Northern District of California

Judge Charles Novack has served as a United States Bankruptcy Judge in the Northern District of California since May 2010. He regularly lectures on a variety of bankruptcy topics, is a Rutter Group guest lecturer on bankruptcy family law issues, and is a panel member on the Bay Area Bankruptcy Forum's popular Consumer Update annual program. Judge Novack maintained his own bankruptcy practice in Oakland, California during the five years preceding his appointment, representing Chapter 7 trustees, and debtors, creditors and other interested parties in Chapter 7, 11 and 13 cases. From 1994 until 2005 he was an associate and then a partner at the Oakland bankruptcy boutique firm of Kornfield, Paul & Nyberg. Judge Novack served

as an associate professor at California State University, East Bay for several years and at Hastings College of the law during the 2017/18 school year. Judge Novack graduated from Rutgers College in 1980 (With Honors) and Hastings College of the Law in 1983 (Cum Laude).

Chief Judge Ronald Sargis, Eastern District of California

The Honorable Ronald H. Sargis was appointed to the bankruptcy bench in the Eastern District of California on January 14, 2010. He was appointed the Chief Judge of the Bankruptcy Court for the Eastern District of California on October 1, 2015. He has served as a member of a bankruptcy appellate panel, two terms on the Ninth Circuit annual case update committee, and is now serving as a member of the California–Federal Judicial Council. Judge Sargis is a member of the National Conference of Bankruptcy Judges, currently serving as a member of the Conference’s legislative committee. Since 2014 Judge Sargis has been an adjunct professor at the University of Pacific McGeorge School of Law, co-teaching the introductory bankruptcy course. Judge Sargis received his A.B. degree from Stanford University and his J.D. degree, with distinction, from University of the Pacific McGeorge School of Law. Prior to his appointment, Judge Sargis practiced law with the Sacramento law firm of Hefner, Stark & Marois, LLP concentrating in the areas of bankruptcy, commercial law, and creditors’ rights. During his 26 years of private practice with Hefner, Stark & Marois, he represented creditors, trustees, creditors’ committees, individual debtors, and debtors-in-possession. While in private practice he was a member of the Commercial Law League of America and was certified through the CLLA as a creditor’s rights specialist. As general counsel for the California Association of Collectors, he represented the collection industry, individual collection agencies, and creditors on a wide variety of state and federal legislative and regulatory matters. This included updating the California Fair Credit Reporting Act and Fair Debt Collection Practices Act, enactment and revisions of the State civil identity theft statues, and negotiating and drafting provisions for the regulation of child and spousal debt collection practices, hospital charity care and discount medical services statutes, consumer exemptions, ex parte writs of attachment, and statutory notice for and limitation of the amount of check dishonor fees and additional damages for dishonored checks. Judge Sargis served as a director for the Sacramento Valley Bankruptcy Forum for two terms, a board member for the ACA International, Inc. Member Attorney Program 1996–1999 (Chairperson of the Board in 1999), and a board member of the ACA Internet Check Services Program 2006–2007. He also served as the Chancellor to St. Michael’s Episcopal Church, the Church Attorney for the Episcopal Diocese of Northern California, and on the Church Vestry. From 1993–2006 Judge Sargis and his wife served as adult leaders for their church teenage youth group.

Chief Judge Maureen Tighe, Central District of California

Judge Tighe was appointed a United States Bankruptcy Judge on November 24, 2003 by the United States Court of Appeals for the Ninth Circuit and was appointed to a second 14-year term in November 2017. She became the district’s Chief Bankruptcy Judge on January 1, 2019. Judge Tighe hails from New Jersey where she obtained her B.A. from Douglass College of Rutgers University, and her law degree from Rutgers Law School-Newark. Her career includes serving as the United States Trustee for the Central District of California for five years, and for various periods also for the Districts of Southern, Eastern and Northern California and Nevada, Hawaii, Guam, and the Northern Mariana Islands. She

was an Assistant U. S. Attorney in Los Angeles where she was the Deputy Chief, Major Frauds Section and started the district’s Bankruptcy Fraud Task Force. She spent a few years in private practice at Sullivan and Cromwell in New York following a clerkship with U. S. District Judge Harold Ackerman, District of New Jersey. She is a member of the American Bankruptcy Institute and National Conference of Bankruptcy Judges and a Fellow of the American College of Bankruptcy.