United States Bankruptcy Court
SELF-CALENDARING PROCEDURES FOR
JUDGE MARK S. WALLACE’S SANTA ANA DIVISION CASES
Judge Mark S. Wallace has a self-calendaring system that permits counsel and parties to schedule hearing dates heard on regular notice without prior approval from the Courtroom Deputy. Matters requiring more than fifteen (15) minutes should not be self-calendared. Please contact the Courtroom Deputy to obtain a hearing date for any matter requiring more than fifteen (15) minutes.
Please refer to the Local Bankruptcy Rules (“LBR”), the Court Manual and the Federal Rules of Bankruptcy Procedure regarding the filing and service of motions, and the time frames for filing papers. Matters that do not require hearings may be filed in accordance with LBR 9013-1(o)(1).
Judge Wallace holds court in courtrooms in two different federal buildings, these instructions pertain only to matters heard in Santa Ana:
Santa Ana Division
United States Bankruptcy Court
Central District of California
411 West Fourth Street
Santa Ana, CA 92701-4593
Nickie Bolte (714-338-5378)
Questions regarding the court calendar should be directed to the Courtroom Deputy.
PLEASE NOTE: Calendar dates are subject to periodic revision, check here for the current version of Judge Wallace's Santa Ana hearing dates.
This notice is posted in the Judge’s courtroom and on the Court’s website (www.cacb.uscourts.gov) under the Judges tab, then select Self-Calendaring.
STEP 1: Identify available dates and times from the available self-calendaring dates listed for Santa Ana for the type of matter that you want to calendar. Matters not listed are generally not available for self-calendaring. Please contact the Courtroom Deputy to obtain a hearing date and time for such matters.
PLEASE NOTE: Calendar dates are subject to periodic revision, so check the court’s website for the current version of Judge Wallace’s Self-Calendaring Procedures. If you noticed a hearing on a date that is no longer available, you will receive a notice of filer error and a request to select another hearing date and re-notice the hearing.
STEP 2: Select hearing date(s) to give sufficient notice of all matters to all parties entitled to receive such notice pursuant to applicable provisions of the Local Bankruptcy Rules (“LBR”), the Court Manual and Federal Rules of Bankruptcy Procedure.
PLEASE NOTE: If you choose 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 11 U.S.C. §362(e).
STEP 3: Prepare a notice of hearing for the date and time you have selected. Refer to the LBR, the Court Manual, and Federal Rules of Bankruptcy Procedure for applicable filing and procedural requirements, and the current court-approved form(s) to use (some forms are mandatory). For example, if your motion is regarding the stay, the motion and notice of hearing must be in the form required by LBR 4001-1(b) [F 4001-1 series of the court-approved forms]. Moving parties are referred to LBR 9013-1(i) regarding evidence supporting the motion.
PLEASE NOTE: The failure to comply with applicable rules and procedural requirements, or failure to use mandatory forms may result in the continuance or denial of your motion or the imposition of sanctions.
STEP 4: File and serve your papers in a timely manner! Refer to the LBR, the Court Manual and Federal Rules of Bankruptcy Procedure for applicable filing procedures and service deadlines. If proof of service is insufficient, the moving party’s motion may be continued or denied. A Judge’s Copy of all papers is required to be served on the Judge’s chambers in the form and manner required by LBR 5005-2(d), and Section Seven Appendix F of the Court Manual.
STEP 5: The court will make every reasonable effort to honor your selection of a hearing date. However, the court reserves the right to reschedule any hearing. You will be promptly notified if your hearing has been re-set. If you have recently moved, please file and serve a notice of change of address so the court has your current contact information to avoid delays.
STEP 6: After the hearing, if directed by the court, a proposed order should be submitted electronically via the Lodged Order Upload program (“LOU”) in accordance with the LOU Procedures contained in Section 4 of the Court Manual posted on the court’s website. Except as provided by LBR 9021-1(b)(1)(B), a proposed order must not be submitted or uploaded via LOU prior to the hearing absent permission of the court.
Follow this link to Judge Wallace’s “Procedures Regarding Telephonic Appearances” and click the Telephonic Instructions tab.
Revised: September 24, 2012
Printable version of Judge Wallace's Santa Ana Division Self-Calendaring Procedures
Available Santa Ana 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