LBR 9001-1. DEFINITIONS

LBR 9001-1. DEFINITIONS

(a) Definition of Terms. As used in these rules, the following words and phrases are defined as follows:
(1) “Appellate Court” means the bankruptcy appellate panel or the district court
exercising its appellate jurisdiction pursuant to 28 U.S.C. § 158.
(2) “Application” means a request for judicial action that must be sought by application rather than motion under the FRBP.
(3) “Attorney” or “Counsel” includes attorney, proctor, advocate, solicitor, counsel,
or counselor.
(4) “Bankruptcy Appellate Panel” means the United States Bankruptcy Appellate
Panel of the Ninth Circuit.
(5) “Bankruptcy Code” or “Code” means title 11 of the United States Code.
(6) “Brief” includes briefs, memoranda, points and authorities, and other written
argument or compilations of authorities.
(7) “Case” means a bankruptcy case commenced by the filing of a petition pursuant
to 11 U.S.C. §§ 301, 302, 303, or 1504.
(8) “Clerk” means the clerk of the United States Bankruptcy Court for the Central
District of California and deputy clerks. Other clerks may be specified in the text.
(9) “CM/ECF” means the court’s Case Management/Electronic Case Files System.
(10) “CM/ECF Procedures” means the Administrative Procedures for Filing, Signing,
and Verifying Pleadings and Papers Using the Case Management/Electronic Case
Files (CM/ECF) System as authorized and approved by General Order 06-03 on
November 7, 2006. The instructions for registration and procedures for use of
CM/ECF are posted on the court’s website at the CM/ECF home page and
contained in the Court Manual available from the clerk and on the court’s website.
(11) “CM/ECF User” means a person or entity registered to use the court’s Case
Management/Electronic Case Files System.
(12) “Court” means the United States Bankruptcy Court of the Central District of
California or the district court when exercising its original bankruptcy jurisdiction
pursuant to 11 U.S.C. § 1334, including the judge to whom a case or proceeding
is assigned.
(13) “Court Manual” means the procedural manual maintained and updated
periodically by the clerk that includes: General Court Information; Filing
Information and Procedures; CM/ECF Procedures; LOU Procedures; Other Court
Technology; and Clerk’s Forms. The Court Manual is available from the clerk and
on the court’s website.
(14) “Courtroom Deputy” means a deputy clerk assigned to the courtroom of a judge
of the court.
(15) “Court’s Website” means www.cacb.uscourts.gov.
(16) “Declaration” means any declaration under penalty of perjury executed in
conformance with 28 U.S.C. § l746 and any properly executed affidavit.
(17) “Defendant” means a party against whom a claim for relief is made by complaint,
counterclaim, or cross-claim.
(18) “District Court” means the United States District Court for the Central District of
California.
(19) “District Court Rules” means the Local Civil Rules of the United States District
Court for the Central District of California; Chapter IV, Local Rules of the District
Court Governing Bankruptcy Appeals, Cases and Proceedings; and such other rules
and general orders adopted by the district court concerning cases or proceedings
filed or pending in the bankruptcy court.
(20) “F.R.App.P.” means the Federal Rules of Appellate Procedure.
(21) “FRBP” means the Federal Rules of Bankruptcy Procedure.
(22) “F.R.Civ.P.” means the Federal Rules of Civil Procedure.
(23) “F.R.Evid.” means the Federal Rules of Evidence.
(24) “File” means the delivery, including electronically via CM/ECF, to and acceptance by the clerk, courtroom deputy, the court, or other person authorized by the court of a paper that will be noted in the docket.
(25) “Judge” means a bankruptcy judge, district court judge, or other judicial officer
in a case or proceeding assigned to the court.
(26) “Lodge” means to deliver, including electronically via LOU, to the clerk,
courtroom deputy, the court, or other person authorized by the court a paper that
is tendered to the court but is not approved for filing, such as a proposed form of
order.
(27) “LOU” means the court’s Lodged Order Upload program.
(28) “LOU Procedures” means the procedures for LOU posted on the court’s website at the CM/ECF home page and contained in the Court Manual available from the clerk and on the court’s website.
(29) “Motion” includes all motions, applications, objections to claims that are not
adversary proceedings, or other requests made for judicial action except by
complaint, counterclaim, or cross-claim.
(30) “Movant” means an entity requesting an order other than by way of complaint,
counterclaim, or cross-claim.
(31) “NEF” means the Notice of Electronic Filing, and hyperlink to the document filed, automatically generated when a paper is electronically or non-electronically added to the docket or a docket event is entered. As set forth in the CM/ECF Procedures, an NEF and hyperlink to the document or docket event is transmitted electronically to parties who have a CM/ECF login and password and who are either a party in a case or adversary proceeding or have otherwise participated in the case or adversary proceeding.
(32) “Ninth Circuit” means the United States Court of Appeals for the Ninth Circuit.
(33) “Notice of Entry”means a document completed by the clerk that provides notice
to appropriate persons or entities that an order or judgment has been entered.
(34) “Paper” includes all pleadings, motions, affidavits, declarations, briefs, points and
authorities, and all other papers and documents presented for filing or lodging, excluding exhibits submitted during a hearing or trial.
(35) “Plaintiff” means a party claiming affirmative relief by complaint, counterclaim,
or cross-claim.
(36) “Proceeding” includes motions, adversary proceedings, contested matters, and
other matters presented to the court. It does not include a “case” as defined above.
(37) “Proof of Service” means a document certifying that a person or entity who filed
or lodged a paper with the court served other appropriate persons or entities with
a copy of the paper filed or lodged.
(38) “Respondent” means an entity responding to a request for an order other than by
way of complaint, counterclaim, or cross-complaint.
(39) “United States attorney” means the United States Attorney for the Central District of California, and any assistant United States attorney, employee, or designee of the United States attorney.
(40) “United States trustee” means the United States Trustee for Region 16, and any
assistant United States trustee, employee, or designee of the United States trustee.
(41) “United States Trustee Notices and Guides” means the United States Trustee
Chapter 11 Notices and Guides and the Notice of Requirements for Debtors In
Possession in Chapter 11 Cases.
(b) Terms Not Otherwise Defined. A term not defined in this rule will have the meaning provided in the Bankruptcy Code or the FRBP.
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