Policy Text
2/04 (rev. 08/03)
CIVIL DIVISION – BANKRUPTCIES
I. Purpose
The purpose of this Operations Or der is to provide guidance in the treatment of
cases involving bankruptcies presented to Civil Division pers onnel.
II. Policy
It shall be the poli cy of the Civil Divisi on that all actions shall be stayed pending
an order from the bankruptcy cour t or trustee. (Northern Calif ornia rule)
III. Clerical Res ponsibilities
Clerical personnel will review the Notice of Bankruptcy submit ted to the Civil
Division and take t he following action:
Locate the Sheriff’s case to which it applies
Verify the debtor information is consistent with the Notice of Bankruptcy
Make an entry into the CAS not ing the bankruptcy information
Send notice of stay to the garnishee
Verify whether or not money i s being held on the case
Send out notice of bankruptcy to plaintiff and bankruptcy trus tee
IV. Field Deputy Responsibilities
Upon receipt of a Notice of Bank ruptcy a field deputy’s respons ibilities are as
follows:
If performing a levy or evicti on the deputy ceases all activit y on the case
Notifies the Civil clerical sta ff that a Notice of Bankruptcy has been
received
References: Federal Bankruptcy Code California Code of Civil Procedure