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GENERAL ORDER 180-A CHAPTER 7 RIGHTS AND RESPONSIBILITIES AND AMEN=
Catherine Christiansen
________________________________
To:
Sent: Thursday, January 24, 2013 12:38 PM
Subject: GENERAL ORDER 180-A CHAPTER 7 RIGHTS AND RESPONSIBILITIES AND AMENDMENTS TO LOCAL BANKRUPTCY RULE 9010"
GENERAL ORDER 180-A CHAPTER 7 RIGHTS AND RESPONSIBILITIES AND AMENDMENTS TO LOCAL BANKRUPTCY RULE 9010"
Following a public comment period, and after making revisions to the Rights and Responsibilities of Chapter 7 Debtors and Their Attorney in response to the comments submitted to the Court, it is ordered that General Order 180-A Chapter 7 Rights and Responsibilities and Amendments to Local Bankruptcy Rule 9010" is effective for cases filed on or after April 1, 2013. The newly updated form Rights and Responsibilities of Chapter 7 Debtors and Their Attorney has been posted to the Courts forms website and is available for use by attorneys and their clients. This new form is being implemented to assure that Chapter 7 debtors and their attorneys understand their respective rights and responsibilities, through a formal statement of Rights and Responsibilities which will be required in Chapter 7 cases. The effective date for cases filed on or after April 1st, 2013 takes into consideration the need for attorneys to contact clients and obtain the required
signatures on the Rights and Responsibilities form. In addition, an updated ECF doc-type event will be available in the CM/ECF System to file the required form electronically. This new Chapter 7 form will be implemented through amended Local Bankruptcy Rule 9010. The amended Local Bankruptcy Rules will be posted to the Courts website prior to April 1st, 2013. For quick reference, the Local Bankruptcy Rules will be amended as follows below.
RULE 9010. APPEARANCE OF ATTORNEYS.
9010-6 APPEARANCE ATTORNEYS.
Section 341 (a) meeting. An attorney may attend a meeting of creditors on behalf of the
attorney of record. The attorney attending a meeting of creditors must be familiar with the facts and circumstances of the case and must be prepared to act as the attorney of record for all purposes of the 341a meeting.
9010-7 SCOPE OF REPRESENTATION OF DEBTORS COUNSEL IN CHAPTER 7 OR CHAPTER 13 BANKRUPTCY CASES AND PROCEEDINGS.
An attorney retained to represent a debtor in a Chapter 7 or Chapter 13 bankruptcy case
must provide representation that meets the standards established by the United States Bankruptcy Court, Southern District of California Rights and Responsibilities of Chapter 7 Debtors and Their Attorney or the United States Bankruptcy Court, Southern District of California Rights and Responsibilities of Chapter 13 Debtors and Their Attorney, as relevant. Consistent with these standards, an appearance in the bankruptcy case for a debtor does not require the attorney to appear for that party in certain contested matters, an adversary proceeding, or an examination pursuant to Bankruptcy Rule 2004, unless otherwise ordered by the Court.
Document links:
General Order 180-A:
Rights and Responsibilities:
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