United States Bankruptcy Court Northern District of California San Jose Division CHAPTER 13 PROCEDURES OVERVIEW of PROCEDURES - FLOWCHART CHAPTER 13 PROCEDURES FORMS CM/ECF SAMPLE DOCKET SHEET American LegalNet, Inc. www.FormsWorkFlow.com United States Bankruptcy Court Northern District of California San Jose Division OVERVIEW of PROCEDURES FLOWCHART American LegalNet, Inc. www.FormsWorkFlow.com  SAN JOSE DIVISION CHAPTER 13 PROCEDURES NON-READINESS FOR CONF. 10 DAYS FROM CONF. CALENDAR Trustee's Docket Entry (batch): -Case added to Trustee's Pending List (TPL) - Parties not req'd to attend Conf. Hrg -Court generates notice to all parties, incl. pro per & non-ECF parties, of foregoing and procedures to restore case to contested or uncontested confirmation calendar Page 1 of 2 341 MEETING NOTICE - 341 Mtg (21 - 50 days) PETITION DATE - Conf Hrg (20 - 45 days of 341) - Last day to object to confirmation TRUSTEE'S PENDING LIST Posted on Court's website to monitor cases removed from confirmation calendar for nonreadiness. Cases may be restored to Uncontested Confirmation Calendar by Trustee's Stmt of Resolution To set case on Contested Confirmation Calendar, noticing party must file Ntc Hrg & COS on 28 days' notice + Ch 13 Status Confernce Stmt 14 days before hearing or case stricken from calendar 341 MTG HELD American LegalNet, Inc. www.FormsWorkFlow.com Rev. June 15, 2011  SAN JOSE DIVISION CHAPTER 13 PROCEDURES Page 2 of 2 UNCONTESTED CONFIRMATION CALENDAR Plan confirmed TRUSTEE FILES STMT OF RESOLUTION Court generates Ntc Hrg to interested parties, including pro per and non-ECF parties Plan confirmed Case dismissed CONTESTED CONFIRMATION CALENDAR Ch 13 Status Conf Stmt due 14 days prior to hrg or matter is stricken from calendar. Case converted Plan confirmed Trustee's Motion to Dismiss under BLR 9014-1 Order Dismissing Case if no timely objection Evidentiary Hearing Case dismissed Timely objection to Trustee's Motion to Dismiss Case converted CHAPTER 13 MOTIONS CALENDAR (Motions to dismiss, motions to value, fee apps, objections to claim, etc.) Rev. June 15, 2011 American LegalNet, Inc. www.FormsWorkFlow.com United States Bankruptcy Court Northern District of California San Jose Division CHAPTER 13 PROCEDURES American LegalNet, Inc. www.FormsWorkFlow.com UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA San Jose Division CHAPTER 13 CALENDAR PROCEDURES Effective August 1, 2011 INTRODUCTION These procedures are being established to improve the processing of chapter 13 cases in the San Jose Division and are intended (1) to facilitate the timely resolution of Chapter 13 cases, (2) to reduce time spent by counsel and the court on Chapter 13 cases, and (3) to provide access to the court for parties who need judicial intervention. In general, these procedures provide that Chapter 13 cases ready for confirmation will be confirmed expeditiously. Debtor(s) whose cases require further work will have time to complete that work and will have judicial assistance when appropriate. Cases not eligible for Chapter 13 or not making appropriate progress in Chapter 13 will be subject to dismissal. CHAPTER 13 UNCONTESTED CONFIRMATION CALENDAR When a Chapter 13 case is filed, the § 341(a) notice will include the date and time of the confirmation hearing and will state that the deadline for objections to a Chapter 13 plan is the same date as the first set § 341(a) meeting (see B.L.R. 3015-1(b)(3)). The confirmation hearing will be set on a Chapter 13 Uncontested Confirmation Calendar ("Uncontested Confirmation Calendar"). Absent timely objection and upon finding that the requirements of § 1325(a) are satisfied, the court will confirm the plan at the confirmation hearing. Cases will be considered ready for confirmation when (1) the § 341(a) meeting of creditors has concluded; (2) no objections to confirmation have been filed, or such objections have been resolved or withdrawn without judicial intervention; (3) -1- CHAPTER 13 CALENDAR PROCEDURES REV. JUNE 15, 2011 American LegalNet, Inc. www.FormsWorkFlow.com payments under the proposed plan are current; and (4) there are no other unresolved deficiencies. CASES NOT READY FOR CONFIRMATION: PROCEDURES AND THE TRUSTEE'S PENDING LIST For cases that are not ready for confirmation, ten (10) days before the date originally set for confirmation, the Trustee shall file a Statement of Non-Readiness for Confirmation, which will place the case on the Trustee's Pending List ("TPL"). When the Trustee dockets the Statement of NonReadiness for Confirmation, the court's ECF system will automatically generate these notices: 1. A text entry reporting that (1) the case has been added to the Trustee's Pending List, and (2) parties in interest need not attend the first date set for the confirmation hearing, the plan will not be confirmed at that time, and the case will be taken off calendar at the hearing; A Notice of Electronic Filing (the "NEF") notifying ECF Registered Users of the information in paragraph 1. The NEF will provide instructions for restoring a case to the confirmation calendar. A case can be restored to the confirmation calendar as follows: (1) the Trustee may file a Statement of Resolution, placing the matter back on the Uncontested Confirmation Calendar, or (2) a party in interest (debtor(s) or other party in interest) may file a Notice of Hearing, placing the case on a Chapter 13 Contested Confirmation Calendar in conformity with the procedures set forth below; and 3. A written notice of the foregoing information to pro se debtor(s) and non-ECF Registered Users. 2. At the scheduled confirmation hearing, the court will announce the case has been placed on the TPL. All cases on the TPL will be identified on a list which will be posted on the court's website. Cases will remain on the TPL until confirmation, dismissal, or conversion. It will be the Trustee's duty to monitor and track the progress of the cases on the TPL. While cases are on the TPL, the parties should meet and confer and work toward resolution of the cases. The goal is to ensure that every case capable of being confirmed is returned to the Uncontested Confirmation Calendar as soon as possible. CHAPTER 13 CALENDAR PROCEDURES -2- REV. JUNE 15, 2011 American LegalNet, Inc. www.FormsWorkFlow.com RESTORING CASES TO UNCONTESTED CONFIRMATION CALENDAR The Trustee should recommend confirmation when all deficiencies have been cured, outstanding objections have been resolved, and pa