United States Bankruptcy Court
SANTA ANA SELF-CALENDARING INSTRUCTIONS
The self-calendaring system is designed to allow both counsel and parties to schedule hearing dates for matters heard on regular notice, without having to contact the Calendar Clerk to obtain a hearing date. Matters that do not require hearings may be filed in accordance with Local Bankruptcy Rule 9013-1(o)(1). Please refer to the appropriate Federal Rules of Bankruptcy Procedure and Local Bankruptcy Rules regarding the filing and service of motions.
Please note that the Judge’s Self-Calendar is color coded. SANTA ANA hearings are in BLUE and RIVERSIDE OR SANTA ANA TRIAL DATES are in GREEN. Generally, Santa Ana hearings are on Thursdays, except for Santa Ana Reaffirmations which usually take place once a month on the third Wednesday at 9:30 a.m. The Judge’s Trial week is available for either Riverside or Santa Ana hearings.
SANTA ANA CASES (Appearances in SA only):
All Santa Ana hearings should be noticed for the Santa Ana Courthouse in Courtroom 5C.
NOTE: Before self-calendaring, refer to the calendar schedule below for a list of available dates.
The following categories do not require an application for order shortening time:
NOTE: Motions calendared on shortened time in accordance with this procedure must be filed with the Court and served on all parties entitled to receive notice of the motion so that the moving papers and notice of hearing are received not later than 10 days prior to the of the hearing. Telephonic notice of the date, time and place of the hearing on the motion must also be given to all parties entitled to receive notice not later than 10 days prior to the hearing. IF THE MOVING PARTY IS UNABLE TO PROVIDE TELEPHONIC NOTICE TO THE DEBTOR DIRECTLY, THE MOTION MUST BE HEARD UTILIZING THE REGULAR NOTICE PROCEDURES AND MAY NOT BE HEARD ON SHORTENED TIME.
For matters that may be self-calendared, follow the steps outlined below:
STEP 1: Identify available dates and times for the type of matter that you want to calendar by referring to the monthly calendars posted in the Judge's courtroom or on the Court's website (www.cacb.uscourts.gov) or by calling the Court's toll free general information number (855) 460-9641 and selecting the menu options necessary to direct you to the calendaring information for Judge Clarkson. Also refer to the dates listed here.
NOTE: Calendar dates are subject to periodic revision, so please verify that you are referring to the current version of the Judge's monthly calendar.
STEP 2: Prepare a notice of hearing for the date and time you have selected.
NOTE: By choosing a date for a relief from stay hearing that is greater than 30 days from the date you file your motion, you are deemed to have waived the time limits of Bankruptcy Code Section 362(e).
STEP 3: Give sufficient notice of all matters to all parties entitled to receive such notice pursuant to the applicable provisions of the Local Bankruptcy Rules and Federal Rules of Bankruptcy Procedure. Schedule hearing dates according to Local Bankruptcy Rule 9013-1(d) notice requirements and time limits for service and filing of motions and Local Bankruptcy Rule 9013-1(i) regarding evidence supporting the motion. If proof of service is insufficient, the motion may be continued or denied.
STEP 4: File and serve your moving papers in a timely manner. Deliver a Judge's copy (marked “Judge's Copy") of all papers to the Judge's chambers with the time and date of the scheduled hearing placed underneath the title of the pleading. All Judge's copies shall be served in accordance with Local Bankruptcy Rule 5005-2(d) and Section 3-F and Appendix F of the Court Manual.
STEP 5: Confirmation that your matter has been calendared will be sent back to you if you provide Intake with an extra copy of your notice and a self-addressed stamped envelope. The Court reserves the right to reschedule any hearing. If the date you have selected is unavailable for any reason, the Calendar Clerk will contact you to arrange an alternative date. You will be notified promptly if your hearing has been re-set.
STEP 6: Upload the order on LOU immediately following the hearing. Do not lodge the proposed order prior to the hearing. However, you are strongly encouraged to serve the proposed order on other parties to afford them an opportunity to review the order, or as otherwise required by the Local Bankruptcy Rules.
Printable version of Judge Clarkson's Santa Ana Self-Calendaring Procedures
1 Please note that the Judge’s Self Calendar Instructions for RIVERSIDE are set forth in a separate section of the Judge’s website.
Available Santa Ana Self-Calendaring Dates
Bankruptcy Code (Title 11)Federal Rules of Bankruptcy ProcedureLocal Bankruptcy RulesPost Judgment Interest RatesGovernment Units' Mailing Addresses
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