LBR 1001-1. TITLE, APPLICATION, AND SCOPE OF RULES
LBR 1001-1. TITLE, APPLICATION, AND SCOPE OF RULES(a) Title and Citation. These are the Local Bankruptcy Rules of the United States Bankruptcy Court for the Central District of California (hereinafter, “Local Bankruptcy Rules” or “rules”). They may be cited as “LBR ______.”
(b) Application and Construction.
(1) The Local Bankruptcy Rules are adopted pursuant to 28 U.S.C. § 2075, F.R.Civ.P. 83, and FRBP 9029. They are intended to supplement the FRBP and those portions of the F.R.Civ.P. that are incorporated by the FRBP. The Local Bankruptcy Rules are to be construed consistent with, and subordinate to, the FRBP and F.R.Civ.P. and to promote the just, speedy, and economic determination of every case and proceeding.
(2) The Local Bankruptcy Rules apply to all bankruptcy cases and proceedings
(including all cases removed pursuant to 28 U.S.C. § 1452 or 15 U.S.C. § 78eee)
pending in the United States Bankruptcy Court for the Central District of California.
(3) The Local Bankruptcy Rules apply in the United States District Court for the Central District of California in lieu of the District Court Rules when the district court is exercising its original bankruptcy jurisdiction pursuant to 28 U.S.C. § 1334.
(c) Application to Persons Appearing Without Counsel. A person who appears and is not represented by counsel must comply with the Local Bankruptcy Rules. Each reference in the Local Bankruptcy Rules to “attorney” or “counsel” applies equally to a party who is not represented by counsel, unless the context otherwise requires.
(d) Modification. The Local Bankruptcy Rules apply uniformly throughout the district, but are not intended to limit the discretion of the court. The court may waive the application of any Local Bankruptcy Rule in any case or proceeding, or make additional orders as it deems appropriate, in the interest of justice.
(e) Procedure in Absence of Rule.
(1) A matter not specifically covered by these Local Bankruptcy Rules may be
determined, if possible, by parallel or analogy to the F.R.Civ.P., the FRBP, or the
District Court Rules.
(2) If no parallel or analogy exists, then the court may proceed in any lawful manner not inconsistent with these Local Bankruptcy Rules and the FRBP.
(f) Sanctions for Noncompliance with Rules. The failure of counsel or of a party to comply with these Local Bankruptcy Rules, with the F.R.Civ.P. or the FRBP, or with any order of the court may be grounds for the imposition of sanctions.
(g) Effective Date. These LBRs are effective on January 4, 2010, and will govern all cases and proceedings pending or commenced thereafter. The court in its discretion may order that a LBR 1002-1 case or proceeding pending prior to the effective date be governed by the practice of the court prior to the adoption of these LBRs.