Local Rule 1001-1: Scope of Rules; Short Title

LOCAL RULE 1001-1 Scope of Rules; Short Title

(a) Title. These are the Local Rules of Practice for the United States Bankruptcy Court, Eastern District of California. They may be cited as "LBR."

(b) Construction. These Local Rules are adopted pursuant to 28 U.S.C. § 2075, Fed. R. Civ. P. 83, and Fed. R. Bankr. P. 9029. They are intended to supplement and shall be construed consistently with and subordinate to the Federal Rules of Bankruptcy Procedure and those portions of the Federal Rules of Civil Procedure that are incorporated by the Federal Rules of Bankruptcy Procedure.

(c) Applicability of Local Bankruptcy and District Court Rules. The Federal Rules of Bankruptcy Procedure and these Local Rules govern procedure in all bankruptcy cases and bankruptcy proceedings in the Eastern District of California. The following Local Rules of Practice of the United States District Court for the Eastern District of California apply in all bankruptcy cases and proceedings: Rules 173 (Photographing, Recording or Broadcasting of Judicial Proceedings), 180 (Attorneys), 181 (Certified Students), 183 (Persons Appearing In Propria Persona), 184 (Disciplinary Proceedings Against Attorneys), 292 (Costs), and 293 (Awards of Attorneys' Fees). Except for these enumerated rules, no other Local Rules of Practice of the United States District Court for the Eastern District of California apply.

(d) General and Special Orders. Outside the scope of these Rules are matters relating to internal court administration that, in the discretion of the Court en banc, may be accomplished through the use of General and Special Orders, which orders shall be available on the Court's website (www.caeb.uscourts.gov).

(e) Availability of Local Rules. The Clerk shall maintain on the Court's website (www.caeb.uscourts.gov) the current version of these Rules and shall promptly notify the Supreme Court, the Administrative Office of the United States Courts, the Circuit Council of the Ninth Circuit Court of Appeals, the District Court of the Eastern District of California, and local law libraries of any changes in these Rules. The Clerk shall make paper copies of these Rules available on request.

(f) Modification of Requirements. The Court may sua sponte or on motion of a party in interest for cause, modify the provisions of these Rules in a manner not inconsistent with the Federal Rules of Bankruptcy Procedure to accommodate the needs of a particular case or proceeding.

(g) Sanctions for Noncompliance with Rules. Failure of counsel or of a party to comply with these Rules, with the Federal Rules of Civil Procedure or the Federal Rules of Bankruptcy Procedure, or with any order of the Court may be grounds for imposition of any and all sanctions authorized by statute or rule or within the inherent power of the Court, including, without limitation, dismissal of any action, entry of default, finding of contempt, imposition of monetary sanctions or attorneys' fees and costs, and other lesser sanctions.