Local Rule 1001-6: Definitions; Rules of Construction

1001-6. Definitions; Rules of Construction.

(a) Definitions and Rules of Construction from External Sources. Capitalized terms not otherwise defined in the Local Bankruptcy Rules have the meaning set forth in 11 U.S.C. § 101 and FRBP 9001 and 9002. The rules of construction of 11 U.S.C. § 102 also govern the Local Bankruptcy Rules.

(b) Definitions. The Local Bankruptcy Rules employ the following additional definitions: (1) "Action" means an adversary proceeding, contested matter, motion governed by FRBP 9013, notice of intended action, application, or other proceeding of any type pending before the Court. (2) "Administrative Procedures" means Local Form CSD 1800 which is found on the Court's website at www.casb.uscourts.gov, as it is amended from time to time. The Administrative Procedures provide requirements for practice before the Court in the areas of filing, including electronic filing, payment, Document preparation, service, notice, signatures, and general practice. (3) "Bankruptcy Rules" means the Federal Rules of Bankruptcy Procedure. (4) "Civil Rules" means the Federal Rules of Civil Procedure. (5) "Clerk" means the clerk of the United States Bankruptcy Court for the Southern District of California. (6) "Courtroom Deputy" means the Individual responsible for administrative matters in the department of the Court in which a case or Action is pending. A list of Courtroom Deputies is available on the Court's website. (7) "Declaration" means a Document containing admissible evidence that is signed and verified by the Individual providing the evidence such that the evidence provided is the equivalent of oral testimony under oath. The preferred form of Declaration in the Court is a Document that complies with 28 U.S.C. § 1746. (8) "Document" means a writing filed with the Court in electronic or paper form. (9) "EDOC System" means the Electronic Document System that routes documents to a chapter 7 or chapter 13 trustee. These documents are not filed with the Clerk. (10) "Entity" means a corporation, partnership, limited liability company, Governmental Unit, or other non-natural person. (11) "Fee" means a payment collected by the Clerk as required by 28 U.S.C. § 1930(a) or (b). (12) "FRBP" is used for citations to the Bankruptcy Rules. (13) "FRCP" is used for citations to the Civil Rules. (14) "General Order" means, as relevant here, an order of Court that modifies existing Local Bankruptcy Rules, creates new Local Bankruptcy Rules, or otherwise creates or modifies procedures of the Court. (15) "Individual" means a natural person. (16) "LBR" is used for a citation to the Local Bankruptcy Rules. (17) "Movant" means the party seeking relief from the Court pursuant to a motion, application, or request. (18) "NEF" means "Notice of Electronic Filing" and is a notice automatically generated by the System when a Document is filed with the Court. The NEF sets forth the date and time of filing, the name of the attorney or party filing the Document, the type of Document, the text of the docket entry, the name of the party or attorney receiving the notice, and an electronic link (hyperlink) to the filed Document which allows recipients to retrieve the Document automatically. (19) "PCM" means a Pre-Confirmation Modification of the Chapter 13 Plan filed using form CSD 1330. (20) "Petition Date" means the date on which the debtor files a Petition and a bankruptcy case commences. (21) "Plan/DS" means the form Individual Chapter 11 Combined Plan of Reorganization and Disclosure Statement (CSD 1152). (22) "Proof of Service" means a Document evidencing notice or service as required by the Federal Rules, Local Bankruptcy Rules, or Court order and described in LBR 9006-2. Local Form CSD 3010 may be used for Proof of Service. (23) "Registered User" means an Individual who has been issued a login and password by the Court to electronically file Documents in the System. (24) "Stipulation" means a Document that evidences an agreement between the parties who sign the Document individually or through a representative. (25) "System" means the Electronic Filing System utilized by the Court. (26) "U.S. Trustee" means the United States Trustee responsible for Region 15, where the Court is located.

(c) General Notice or Service Requirements. When the Local Bankruptcy Rules or Bankruptcy Rules require notice or that a party serve a Document, a party must provide notice or service that generally complies with 11 U.S.C. § 102(1) and that more specifically complies with any relevant Bankruptcy Rule or Court order, and Local Bankruptcy Rules 5005 and 9006. Delivery of Documents by facsimile does not constitute service absent Court order or agreement of the relevant parties under Local Bankruptcy Rule 9006-2(d).

(d) FRBP 7004 Service. When the Local Bankruptcy Rules require FRBP 7004 Service, a party must provide service that complies with FRBP 7004.

(e) Filing of a Proof of Service. A Proof of Service must be filed with the Court no later than the business day following the date of service.

(f) Obtaining Hearing Dates. When the Local Bankruptcy Rules require that a party obtain a hearing date, the party must do so by contacting the Courtroom Deputy, unless the Court otherwise provides a hearing date by order or on the record at a hearing. The hearing date and time must be referenced on all notices and on the first page of all Documents filed in connection with the Action.

(g) Vacating a Hearing. The party obtaining a hearing date is responsible for advising the Courtroom Deputy promptly when a hearing is no longer necessary. In such a case, the Court, however, retains discretion to conduct a hearing notwithstanding the position of the parties. Parties should appear at the hearing unless the hearing date is formally vacated by docket entry or order or appearance is informally waived by other communication from the Court.

(h) Court Enforcement of Stipulations. A Stipulation will not be enforced by the Court and cannot modify an order of the Court unless approved by another Court order.

(i) When any party files an amended Document, the party must clearly identify all changes within the amended Document or in another concurrently filed Document. If the reason for the amendment is not obvious, the party also must concurrently provide written explanation for the change.