United States Bankruptcy Court
FOR THE HON. SCOTT H. YUN
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 Courtroom Deputy to obtain a hearing date. Matters that do not require hearings may be filed in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(o)(1). Please refer to the appropriate Federal Rules of Bankruptcy Procedure and to the LBR regarding the filing and service of motions.
I. The following matters may not be self-calendared:
A. Applications for orders shortening time
B. Matters heard on shortened notice or on an ex parte basis
C. Mass objections to claims (more than 20 objections set for a single hearing)
D. Motions for temporary restraining orders or preliminary injunctions
E. Motions for reconsideration (except for in chapter 13 cases)
F. Status and pre-trial conferences - all chapters
G. Trials in adversary proceedings
H. Reaffirmation agreements
I. Matters requiring more than 15 minutes
J. Motions to dismiss adversary proceedings
K. Motions for summary judgment
Reaffirmation hearings will be scheduled by the court at 1:30 p.m. on available Wednesdays.
To calendar any other matters listed above, please contact the Calendar Clerk at (951) 774-1075. For all matters listed above, other than chapter 11 first day motions, the moving papers must be filed before calling the Calendar Clerk for a hearing date.
II. The following matters may be self-calendared:
A. Motions regarding the automatic stay – chapter 7, 12, and 13 cases: at 9:30 a.m. on available Wednesdays.
B. Motions regarding the automatic stay – chapter 11 cases: at 10:30 a.m. on available Wednesdays.
C. All motions (other than motions regarding the automatic stay) filed in chapter 7 cases, all chapter 7 and chapter 13 adversary proceeding status conferences, and all motions filed in chapter 7 and chapter 13 adversary proceedings (other than motions for summary judgment or motions to dismiss adversary proceedings): at 9:30 a.m. on available Thursdays.
D. All chapter 11 status conferences, all chapter 11 and chapter 12 adversary proceeding status conferences, all motions (other than motions regarding the automatic stay) filed in chapter 11 and chapter 12 cases, and all motions filed in chapter 11 and chapter 12 adversary proceedings (other than motions for summary judgment or motions to dismiss adversary proceedings): at 1:30 p.m. on available Thursdays.
NOTE: Before self-calendaring, please refer to Judge Yun’s calendar schedule for a list of available dates, which is posted on the Self-Calendaring page for Judge Yun on the court’s website.
III. Certain motions for relief from stay may be heard on shortened time without Court order.
The following categories of motions for relief from the automatic stay do not require an application for order shortening time:
A. Residential unlawful detainer actions.
B. Post-petition transfers of real property to the debtor.
C. Pre-petition transfers to the debtor either within 30 days of the debtor's petition date, or involving a fractionalized interest in real property.
D. Motions to continue or re-impose the stay under §§362(c)(3) or (c)(4) only if 14 days’ notice is given to all interested parties including the secured creditor.
E. If a movant wishes to have a motion heard on shortened time and it is not in one of the above categories, the movant must apply for an order shortening time or utilize emergency motion procedures under LBR 9075-1.
NOTE: Motions calendared on shortened time in accordance with this procedure must be set for regular RFS dates and 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 5 court days prior to the date 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 5 court days prior to the hearing.
IV. FOR MATTERS THAT MAY BE SELF-CALENDARAD, 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 or by calling the Courtroom Deputy for Judge Yun at (951) 774-1075.
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 notice under the applicable provisions of the Local Bankruptcy Rules and Federal Rules of Bankruptcy Procedure. Schedule hearing dates according to LBR 9013-1(d) notice requirements and time limits for service and filing of motions. If proof of service is insufficient, the motion may be continued or denied.
STEP 4: File and serve the moving papers in a timely manner. Deliver the 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 on the first page of the moving papers. All judge's copies shall be served in accordance with LBR 5005-2(d) and Section 3.5(c) and Appendix F of the Court Manual.
WARNING – If a judge’s copy is not timely received, your matter may be vacated without further notice.
STEP 5: Check the case docket to confirm that the matter has been calendared. Confirmation that your matter has been calendared will appear on the case docket within a few business days. The court reserves the right to reschedule any hearing. If the date you have selected is unavailable for any reason, the Courtroom Deputy will contact you to arrange an alternative date or will notify you through a Notice to Filer entered on the case docket. You will be notified promptly if your hearing has been re-set.
MISC = Miscellaneous hearings
ADV = Adversary hearings
Effective February 9, 2016
Printable version of Judge Yun's Self-Calendaring Instructions
Available Self-Calendaring Dates
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