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News from 2008
- Bankruptcy workshop set in Casa Grande, AZ - On Wednesday, February 04, 2009, from 10:00 am to 2:30 pm, the public is welcome to visit with staff of the U.S. Bankruptcy Court Clerk's Office. As part of the Court’s public outreach program, staff will be available to provide information regarding the bankruptcy process and to answer general procedural questions. Court employees are prohibited from providing legal advice and therefore court staff are unable to answer any questions regarding your specific financial circumstances, or if you have already filed for bankruptcy, questions about your pending case. However, a volunteer bankruptcy attorney will be available by phone and/or in person to answer general bankruptcy questions. Copies of official court forms and other information will also be made available to visitors.
Location: Greater Casa Grande Chamber of Commerce, 575 N. Marshall St., Casa Grande, AZ 85222.
For more information, please contact the Bankruptcy Court at 602-682-4000 or 1-800-556-9230.
- Court closures during the 2008 / 2009 Holiday Season: In addition to normal Federal Holidays, the Bankruptcy Court will closed on the following days:
- Day After Christmas - Friday, December 26, 2008
- Day After New Year's - Friday, January 2, 2009
Check the complete list of Federal Holidays for dates of all closures during 2008 and 2009.
- The Walsh Courthouse, 38 S. Scott Avenue, Tucson, Arizona, will be closed on Thursday, November 13, 2008 at 12:00 p.m. for a building Rededication Ceremony. All phone calls to the Tucson Office will be routed to the Phoenix Office number for assistance, or you can call directly: 602-682-4000. A drop box for emergency document filing only, will be available inside the front door of the Walsh Courthouse (no cash can be accepted). The event is by invitation only. The Courthouse will reopen on Friday morning at 9:00 a.m.
- The US Bankruptcy Court is requesting written quotations for Senior Visual FoxPro 9 Programming services. Quotations are due not later than Wednesday, November 12, 2008 at 3:00 PM (MST). Late quotations shall not be accepted. A copy of the Request for Quotation and associated documents are available for download:
- Chapter 11 Status Hearing Order: Beginning November 1, 2008, Judge Case has implemented a new Order Setting Status Hearing on Chapter 11 Filings. It is very important to read this order. Failing to file a report and notice as Ordered can result in your case being dismissed. Please refer to Judge Case's Procedure Page for a copy of the order, or download the order here:
- ECF Maintenance Downtime Scheduled: ECF will be down tonight from 7pm to 10pm MST for maintenance.
Please monitor the "System Outages" section of the ECF Homepage for details.
- "Bankruptcy Basics" Videos Now Available: The U.S. Courts website now offers a series of eight short Bankruptcy Basics videos streaming online. They include discussions of bankruptcy chapters, what bankruptcy can and cannot do, the filing process, and how to seek legal assistance.
- The Fall 2008 issue of the U.S. Bankruptcy Court Newsletter is now available. You can access it, as well as previous issues, by clicking on Forms and Publications in the menu on the left, then on the Newsletters link in the Forms and Publications list.
- Pay.gov Downtime Notice: Pay.gov will be unavailable on Sunday, October 19th, from 12:30 am - 6:30 am ET for an upgrade to Pay.gov's infrastructure. The maintenance work falls outside of the standard maintenance window of (2:00 - 6:00am ET). Please plan accordingly. There will be no changes to the Pay.gov application.
- Suggested IE Settings to Improve ECF Performance: If you are experiencing performance problems in ECF, please review these suggestions for Internet Explorer settings that may improve performance.
- ECF Upgrade Scheduled for October 10-13: At 7 pm Friday, October 10, the ECF system will fail over to read-only access for a system upgrade. It is expected that normal service will be restored by Monday, October 13.
Please monitor the "System Outages" section of the ECF Homepage for details.
- New ECF E-Mail Guidelines: Effective October 1, 2008, new ECF guidelines apply regarding maintenance of e-mail addresses associated with ECF password user accounts. The bad e-mail addresses in the ECF System need to be removed to reduce the volume of e-mail sent by the ECF System that is returned undeliverable. The new guidelines, if followed, should help in keeping e-mail addresses current and as a result eliminate e-mail notices sent by ECF from being returned. Download the new e-mail maintenance requirements here.
- Tucson Division Adopts Chapter 13 Standing Order to Include Conduit Payments on Residential Mortgages When Debtor is in Default
The Court has adopted of a Standing Order to apply in chapter 13 cases assigned to Judges Marlar and Hollowell when the case is out of the Tucson Divisional Office. The Standing Order requires the Debtor to make "conduit payments" through the Chapter 13 Plan to a creditor holding a claim secured by the Debtor's principal residence. The Standing Order will apply if Debtor is delinquent in making payments as of the petition date or becomes delinquent after the Chapter 13 petition is filed. The effective date of the Standing Order is October 1, 2008 and applies to all chapter 13 petitions filed on or after that date. Links to the Standing Order and Exhibits A - F are found below.
On Wednesday, August 13, 2008, the court is holding a brown-bag luncheon in Courtroom 446, 12:00 p.m. and counsel who have questions about the Standing Order are welcome to attend.
- Upgrade to Unclaimed Funds Search. The online search feature of Unclaimed Funds has been upgraded to search and retrieve case numbers in the standard format for consistency with other systems. For searching, the form will now require that you enter the case number in one of the following formats:
Note: O = Office; YY = 2-Digit Year; TY = Type; ##### = Case Sequence Number.
- New Policy on Availability of Transcripts on Docket. Effective with transcripts of bankruptcy court proceedings filed on or after July 14, 2008, the Policy of the Judicial Conference of the United States applies to those transcripts.
- ECF Upgrade re-scheduled to July 13. The ECF Live system will be upgraded to version 3.2 on Sunday, July 13th. ECF Live, Test and Train systems will not be available during the upgrade.
Please monitor the "System Outages" section of the ECF Homepage.
- We are pleased to announce the selection of our new Clerk of Court, Mr. Brian D. Karth. Mr. Karth is currently the Deputy Court Administrator, Courtwide Services, for the Maricopa County Superior Court. He has had a 22 year career in court administration with the Superior Court, the Justice Courts, the Phoenix Municipal Court and the U.S. Immigration Court in the U.S. Dept of Justice. Mr. Karth is expected to enter duty on July 21, 2008.
- First Magnus Financial Corporation - Implementation of Confirmed Second Amended Plan
The Second Amended Plan was confirmed by order dated February 28, 2008, and the effective date of the plan has been established as May 1, 2008. The following recently filed documents relate to the steps being taken to perform the confirmed plan. The Joint Motion filed by the Liquidating and Litigation Trustees on June 5, 2008 sets forth the steps taken since the effective date of the plan (May 1, 2008) to resolve and pay claims. If you have questions regarding your claim, you may contact the attorneys for the Liquidating Trustee at Greenberg Traurig, LLP (602) 445-8000.
- First Magnus News and Information: A new link has been added to the menu bar on the left, called "First Magnus News and Information." This page will consolidate all information items from the main page of our website, as well as the archives, that relate to the First Magnus bankruptcy case, into one place for ease of access.
- ECF System Outages Planned:
- The ECF Train system will be upgraded to version 3.2 on Wednesday, June 4, 2008, between 5:30 pm and 8:30 pm. While the installation is in progress, the ECF Train system will not be available. You may also experience short disruptions in service for the ECF Live and Test systems.
- The ECF Live system will be upgraded to version 3.2 on Wednesday, July 9, 2008, between 5:30 pm and 8:30 pm. While the installation is in progress, the ECF Live system will not be available. You may also experience short disruptions in service for the ECF Train and Test systems.
Please monitor the "System Outages" section of the ECF Homepage.
- The Spring 2008 issue of the U.S. Bankruptcy Court Newsletter is now available. You can access it, as well as previous issues, by clicking on Forms and Publications in the menu on the left, then on the Newsletters link in the Forms and Publications list.
- New UST 341 Calendar now available: A new feature has been added to our website for your convenience, a Calendar of the United States Trustee's 341 Meetings. Simply click on the "View 341 Calendars" link in the menu on the left to view it. You can search and filter by date range, Trustee name, location case number and debtor or debtor attorney name. If you have questions about the calendar, or the meetings that are scheduled, please contact the local Office of the United States Trustee. For feedback or comments on the way the calendar works in our website, please submit a feedback form on this site.
- Judge Hollowell's Proposed Chapter 13 Standing Order to Include Conduit Payments on Residential Mortgages When Debtor is in Default
The Hon. Eileen Hollowell is considering the adoption of a Standing Order to apply in Chapter 13 cases in which she is the assigned judge. The Standing Order would require the Debtor to make "conduit payments" through the Chapter 13 Plan to a creditor holding a claim secured by the Debtor's principal residence. The Standing Order would apply if Debtor was delinquent in making payments as of the petition date or became delinquent after the Chapter 13 petition was filed. Links to the proposed Standing Order and Exhibits A - H are found below.
The court is interested in receiving comments on the proposed Standing Order. Comments may be e-mailed to: Ch13Comments@azb.uscourts.gov and should be received by 5:00 p.m. on Wednesday May 28, 2008.
On Wednesday, June 4, 2008 at 11:45 a.m. Courtroom 446, Judge Hollowell will be available to address the comments received and the court will entertain appearances from any interested person who has submitted a written comment in advance.
- ECF Test Database Upgrade this Evening: The production version of ECF 3.2 is now available and we will be upgrading the Test database this evening. We will begin the upgrade at 5:30pm and should complete the upgrade by 9:00pm. During that time the Test database will be unavailable. The Test database was upgraded to the non-production version of 3.2 on April 9th and this update is necessary in order to complete the configuration changes, testing and documentation updates.
- ECF Training Database System Outage Planned for April 9: The ECF Train system will be upgraded to version 3.2 on Wednesday, April 9, 2008, between 5:30 pm and 8:30 pm. While the installation is in progress, the ECF Train system will not be available. You may also experience short disruptions in service for the ECF Live and Test systems. Please monitor the "System Outages" section of the ECF Homepage.
- ECF Service Interruption: The eOrders Module in ECF will undergo an update on Tuesday, April 1, from 5:30 pm until 8:30 pm. As a result, there will be intermittent periods when ECF will not be available during that time.
- First Magnus Financial Corporation - 2nd Amended Plan Has Been Confirmed
The bankruptcy court held confirmation hearings in early February and on February 15, 2008 entered its Memorandum Decision. On February 28, 2008, an Order Confirming the Debtor's 2nd Amended Plan of Reorganization was signed and entered. The plan replaces the Debtor's current management with an advisory board, consisting of impartial representatives from the unsecured class of creditors. The board's principal duty will be to oversee the operation of two trusts. The Liquidation Trust is designed to most effectively manage and/or sell the Debtor's assets; the Trustee is Morris C. Aaron. The Litigation Trust is designed to analyze the numerous legal issues associated with the Debtor's pre-bankruptcy operations, as well as review claims for payment. The Litigation Trustee is Larry Lettig.
The Confirmation Order indicates on page 11, paragraph 24: "Through a posting on the Court's web site, Creditors and parties in interest will receive notice of the entry of the Confirmation Order and notice of the occurrence of the Effective Date.
Update: On April 28, 2008, notice was filed setting the effective date as May 1, 2008.
- Credit card authorizations restricted on Sunday March 30, 2008. Credit card payment authorization (Pay.gov) will be unavailable on Sunday, March 30, from 12:30 am until 8:00 am ET for an upgrade to Pay.gov's infrastructure. The maintenance work falls outside of the standard maintenance window of (2:00 - 6:00am ET). Please plan appropriately. There will be no changes to the Pay.gov application. Please contact the Pay.gov Technical Support Help Desk by email at email@example.com or by phone at 800-624-1373 to discuss any questions or concerns.
- FJC to conduct Judicial Performance Survey: Judge Eileen W. Hollowell of the United States Bankruptcy Court for the District of Arizona has asked the Federal Judicial Center (FJC) to survey members of the Bar to assess the judge’s level of performance. Click here for more information.
- Discontinued support for Netscape Navigator browser. As of March 1, 2008, Time Warner's AOL ended development and technical support of their Netscape Navigator browser. To avoid potential security risks, we highly recommend that all CM/ECF and PACER users of Netscape Navigator switch to a current version of Microsoft Internet Explorer or Mozilla Firefox, both of which are available for free download from the respective vendor's Web site.
- Duplicate Paper Notices Eliminated. Beginning on Friday, February 8, 2008, paper notices will no longer be mailed to parties in a case that have been setup for e-mail notification. The Court will enable, in CM/ECF, a program that, when a notice, order or other filing is to be mailed by the Bankruptcy Noticing Center (BNC), removes from the mailing list sent to the BNC the names and addresses of those attorneys and trustee in the case that are set up to receive e-mail notices. As a result, the attorney or trustee who receives e-mail notification of the filing should then not also receive a paper copy of that filing in the mail from the BNC.
- The Winter 2008 issue of the U.S. Bankruptcy Court Newsletter is now available. You can access it, as well as previous issues, by clicking on Forms and Publications in the menu on the left, then on the Newsletters link in the Forms and Publications list.
- New Searchable and Sortable Court Calendars
A new online Court Calendar application is now available, which allows you to search and sort hearing information, as well as view the details of a hearing within the context of the judge's calendar for the day, within the context of the case, or isolated to that hearing. Just click on the "View Calendars" link on the left to access it.
- Bankruptcy Case Filing Statistics for the 2007 calendar year have been posted and can be viewed/dowloaded here. The statistics reflect a total of 10,570 new cases filed for the year, which represents a 63% increase over cases filed in 2006. Each of the most frequently used chapters for filing bankruptcy cases rose significantly compared to 2006; the chapters primarily used by individual or married debtors, chapter 7 and chapter 13 rose 60% and 73% respectively, while chapter 11 cases, primarily used by business entities, rose 75%.
- Effectice January 1, 2008, the U.S. Trustee has revised the Chapter 11 Quarterly Fee Schedule. Download a copy of the notice here.
- First Magnus Financial Corporation (Case No. 4:07-bk-01578) has filed a second amended plan and disclosure statement. These documents may be viewed by clicking on the links below. At a hearing held on January 4, 2008, the court set a date of Friday, February 1, 2008, as the deadline for filing an objection to the second amended plan. Plan confirmation hearings are set to commence on Thursday, February 7, 2008, at 9:30 a.m.
- Order Regarding Motions for Relief from Stay in case 4-07-bk-1734 (Deed and Note Traders, L.L.C.): Judge Hollowell has ordered that all Motions for Relief from Stay filed in Deed and Note Traders, L.L.C. (Case No. 4-07-bk-1734) should be set for a preliminary hearing. (Download a copy of the order here). No default orders granting motions will be entered without a hearing having been held. Parties will be responsible for noticing the motion for hearing and can obtain hearing dates and times by accessing Judge Hollowell's Procedures Page.
- ECF Failover testing is now complete, and we have rolled back to normal operations. If you would like to provide any feedback regarding your experience using ECF during the test period, please send an email to AZBdb_Support@azb.uscourts.gov, or click on the Contact / Help link at the bottom of this page.
- New Procedures for Filing Notices of Hearing: Starting with filings made January 14. 2008, there are new ECF entries that are required to be used when filing a Notice of Hearing. These new procedures are detailed in downloadable instructions available here.
- ECF Failover Test Update: The failover test has been rescheduled for Tuesday, January 8, 2008, beginning at 5:30 am and continuing for 24 hours. There will likely be some disruption of service during failover and failback. Continue to use the "File Electronically on ECF" link in the "Online Services" menu, and you should be automatically directed to the backup system.