United States Bankruptcy Court
Judge Robles allows certain motions for relief from stay scheduled on 7 days notice to be self-calendared. These motions are limited to the following:
A. Residential unlawful detainer actions;
B. Post-petition transfers of real property to the debtor; or
C. Pre-petition transfers to the debtor either (a) within 90 days of the petition date or (b) involving a fractional interest in real property.
For further instructions regarding these motions, please see Section III, infra.
II. Matters that May Not Be Self-Calendared
The following matters may not be self-calendared:
III. Motions for Relief From Stay on 7 Day Notice
Judge Robles allows certain motions for relief from stay scheduled on 7 day notice to be self-calendared.
These motions are limited to the following:
If the motion for relief from stay does not fall within one of these enumerated categories and the movant wishes to have it heard on shortened time, then the movant must apply for an order shortening time or proceed on an emergency basis pursuant to L.B.R. 9075-1 and may not self-calendar the motion.
Notice & Service: All motions for relief from stay calendared on 7 day notice must be filed with the Court and served on all parties entitled to receive notice of the motion by such means as to ensure that the moving papers and notice of hearing are actually received no later than 2 days prior to the hearing date.
Residential Unlawful Detainer Actions: With respect to residential unlawful detainer motions for relief from stay self-calendared under this procedure, the movant must:
IV. Instructions for Self-Calendaring for Los Angeles Matters
For matters that may be self-calendared on Judge Robles’ regular Los Angeles calendar, please 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.
The Court’s color-coordinated calendar indicates which matters may be heard on which dates and at which times.
Note: Calendar dates are subject to periodic revision. Please verify that you are referring to a current version of Judge Robles’ monthly calendar.
Step 2: Prepare a notice of hearing for the date and time that you have selected. If your motion is for relief from stay, you must provide notice in accordance with L.B.R. 9013-1(d)(2) and L.B.R. 4001-1(c) (Local Forms Series 4001).
Step 3: Give sufficient notice to all parties entitled to receive notice under the Federal Rules of Bankruptcy Procedure and the Local Bankruptcy Rules. Movants should refer to L.B.R. 9013-1(d),(f) (g) and (h) for applicable deadlines and L.B.R. 9013-1(i) for evidentiary requirements.
Step 4: File and serve all moving papers in a timely manner. Refer to the Federal Rules of Bankruptcy Procedure and Local Bankruptcy Rules for the applicable filing and service deadlines. Please note that if proof of service is insufficient, the motion may be continued or denied.
Step 5: If the date you have selected is unavailable, the calendar clerk will contact you to arrange a different date.
IV. Telephone Appearances
Any party who wishes to appear by telephone must contact Court Call by telephone at 866-582-6878, ext. 188 no later than one hour before the hearing.
V. Location of Hearings
Hearings must be noticed with the Los Angeles Division address: 255 East Temple Street, Los Angeles, CA 90012, Courtroom 1568, 15th Floor.
VI. Second Call Requests
In order to request a second call for a hearing, please telephone Judge Robles’ chambers at 213-894-1522 prior to the hearing time. As a general policy, Judge Robles will try to accommodate late parties when possible. Please note, however, that the Court may proceed with a hearing even if the party requesting second call has not yet arrived. Therefore, parties should schedule sufficient travel time in order to arrive promptly for all hearings.
VII. Tentative Rulings and Final Rulings
Tentative Rulings: Judge Robles regularly posts tentative rulings in advance of hearings. Tentative rulings may be viewed through the Court’s website at www.cacb.uscourts.gov. On the court’s homepage, in the Calendar Information block, click on the Tentative Rulings link and select Judge Ernest Robles. Next, double-click on a specific date to view the available tentative rulings.
To submit on a tentative ruling, please call Judge Robles’ law clerks at (213) 894-1522. If a party submits on a tentative ruling, there is no need to appear at the hearing. Please note, however, that tentative rulings are subject to change as a result either of argument presented at the hearing or of further reconsideration by the Court.
Final Rulings: Judge Robles posts final rulings on certain motions, including motions for relief from stay, if the Court has received no opposition to the motion within the appropriate deadline. The failure of the debtor, the trustee, and all other parties in interest to file written opposition at least 14 days prior to the hearing as required by L.B.R. 9013-1(f) will be considered as consent to the granting of the motion. L.B.R. 9013(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). No appearance is necessary if the Court has posted a final ruling. Please do not call chambers to submit on a final ruling.
VIII. Relief from Stay Motions Settled by Stipulation
Before lodging an electronic F 4001-10 order in which the “Settled by Stipulation” box on page 1 is checked, the movant must first file via CM/ECF the signed Adequate Protection Attachment pages of the proposed order: (A) granting relief from the automatic stay (F 4001-10.PP or F 4001-10.RP); (B) imposing or continuing the stay (F 4001-10.IS); or (C) continuing the stay (F 4001-10.TCS). The process is:
Step 1: Obtain all necessary signatures on the Adequate Protection Attachment pages of the appropriate F 4001-1 form order.
Step 2: File via CM/ECF the Adequate Protection Attachment pages with signatures, accompanied by a pleading cover sheet titled: “Stipulation for Adequate Protection re Section 362 Stay.”
Step 3: Lodge the entire F 4001-10 order, including the unsigned Adequate Protection Attachment pages.
Step 4: When lodging the proposed order via LOU, link the proposed order to the motion, not to the stipulation.
IX. Questions / Contact Information
If you have a question regarding the procedures for obtaining a hearing, please telephone Judge Robles’ calendar clerk at (213) 894-4843.
Instructions re: Mandatory Use of L.O.U. for All Orders
Printable version of Judge Robles' Self-Calendaring Procedures
Available Self-Calendaring Dates
Bankruptcy Code (Title 11)Federal Rules of Bankruptcy ProcedureLocal Bankruptcy RulesLocal Bankruptcy Rule FormsPost Judgment Interest RatesGovernment Units' Mailing Addresses
Judicial Seminar Disclosure|Judicial Misconduct & Disability
Home | Glossary of Legal Terms | Translate | BrowseAloud