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News from 2007
- ECF Failover Test Rescheduled: The failover test has been postponed. A new date for testing is yet to be determined, and we will post it here when it becomes available.
- ECF Failover Test: On Thursday, December 27, 2007, we will be performing Failover Testing on ECF systems, beginning at 5:30 am, for 24 hours. While minor disruption in service is possible, you should notice no difference. Continue to use the "File Electronically on ECF" link in the "Online Services" menu, and you should be automatically directed to the backup system.
- The upgrade of CM/ECF to version 3.1.7 is now complete, and the application is available.
- CM/ECF will be unavailable on Tuesday, December 18, 2007 between the hours of 6:00pm and 8:00 pm MST. The application will be upgraded to version 3.1.7.
- On December 1, 2007, the amendments to the Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure that implement the E-Government Act of 2002 became effective. The amendment to Appellate Rule 25 and new Bankruptcy Rule 9037, Civil Rule 5.2, and Criminal Rule 49.1 require that personal identification information be redacted from documents filed with the court. A memorandum briefly describing the new privacy rules, the text of the rules and committee notes, and additional information contained in the excerpt reports of the Rules Committees are posted at http://www.uscourts.gov/rules/privacy2.html.
- CM/ECF Upgrade to Version 3.1.6
The upgrade to Version 3.1.6 was completed on 11/27/2007. This upgrade incorporates the 12/1/2007 amendments to the Official Forms, which can be used as soon as the upgrade is completed on 11/27/2007. The petition, schedules and statements are amended. While cases can be manually opened in ECF using the old forms after the upgrades on 11/27/2007, if you use a one-touch filing feature or the case upload feature, only the updated software with the new forms may work after the upgrade.
- Adjusted Holiday Hours
In addition to normal Federal Holiday closures, the Bankruptcy Court will have the following adjusted hours during the 2007 holiday season:
- November 22, 2007 (Thanksgiving Day) - Closed
- November 23, 2007 (day after Thanksgiving) - Closed
- December 24, 2007 (Christmas Eve) - Closed
- December 25, 2007 (Christmas Day) - Closed
- December 31, 2007 (New Years Eve) - Closed
- January 1, 2008 (New Years Day) - Closed
- First Magnus Financial Corporation has filed its plan and disclosure statement. Those documents may be reviewed by clicking on the below links. The hearing on the approval of the disclosure statement is set for November 28, 2007, at 10:30 am at the United States Bankruptcy Court, 38 South Scott Avenue, Hearing Room 446, Tucson, Arizona. Written objections to the disclosure statement are to be filed no later than November 21, 2007. A Deadline for Filing Proofs of Claim also has been set. The last date to file a proof of claim is December 3, 2007, at 4:00 pm local time (Mountain Standard Time). To be timely filed, the proof of claim must be actually received at the office of the Clerk of Court at 38 South Scott Avenue, Tucson, AZ 85701 by 4:00 pm on December 3, 2007. DO NOT FILE A CLAIM IF YOU HAVE ALREADY DONE SO.
- First Magnus Claims Register: An online version of the Claims Register is now available for creditors in the First Magnus case (4:07-bk-01578-JMM). Use this online facility to check receipt of your claim, and get to the claim number. Please allow 30 days for processing. To use the application, simply click on the "First Magnus Claims Register" link in the menu on the left.
- New Video Available: The Honorable Eileen W Hollowell has prepared a new video discussing discharge for Chapter 7 debtors. The video is now available online, and can be accessed via the Debtor Help section or the FAQ section of this website.
- The first meeting of creditors for the First Magnus Financial Corporation chapter 11 bankruptcy case has been re-scheduled by the office of the United States Trustee to November 1, 2007, at noon. The meeting of creditors originally scheduled for October 11, 2007, at noon in Tucson has been cancelled. The United States Trustee has also moved the location of the meeting to Phoenix at the Federal Court Building, 230 North First Avenue (the Southwest corner of First Avenue and Van Buren Street), Phoenix, Arizona, in the second floor conference room, Room 205. Download the Meeting of Creditors Notice (PDF).
- The Fall 2007 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.
- August 2007 is the first month since the bankruptcy law change that more than one thousand new bankruptcy cases have been filed. Full news release.
- First Magnus Financial Corporation filed a voluntary bankruptcy petition under chapter 11 on August 21, 2007. The case number is 4-07-bk-01578-JMM.
The case file for First Magnus, which contains all the pleadings and other documents filed in the case and any orders that have been entered, is maintained electronically and can be viewed over the internet. To view the case file and the documents over the internet, will require you to set up a subscription with the Pacer Service Center at http://pacer.psc.uscourts.gov/ which charges 8 cents per page viewed. If you wish to view pleadings that are electronically filed in a bankruptcy case at no charge, you may visit the Bankruptcy Court Clerk’s office in Phoenix, Tucson, or Yuma between 9 a.m. and 4 p.m. For further questions, you may contact the Court Clerk’s office at (520) 202-7500, and press "0".
In accordance with the bankruptcy laws, the court has, at this time, denied payment of pre-bankruptcy wages by the bankruptcy debtor, First Magnus. It may be possible, as the case progresses, that funds will be available for such purpose. However, until all conflicting claims to First Magnus' cash reserves are resolved, it is premature and potentially in conflict with bankruptcy laws, to allow one group of creditors to be paid ahead of others. You should therefore, at a minimum, file a proof of claim for amounts due you. To file a proof of claim with the Bankruptcy Court Clerk, please see the instructions and the claim form at http://www.azb.uscourts.gov/default.aspx?PID=76. As of September 9, 2007, a claim deadline has not been set. The claim and any attachments may be faxed to the court at 602-682-4004 or mailed to the US Bankruptcy Court, 38 South Scott Avenue, Tucson, AZ 85701.
The court is unable to consider e-mails sent concerning the First Magnus bankruptcy case or any other bankruptcy case, it is judicially improper and unethical for the court to read or consider any statements or requests for legal relief made out of court or not filed with the court as public record.
- Bankruptcy workshop set in Prescott, AZ
Prescott — On Thursday, August 30th, from 10:00 a.m. to 3:00 p.m., the public is welcome to visit with staff of the U.S. Bankruptcy Court Clerk's Office. Staff will be available to provide information regarding the bankruptcy process and to answer general procedural questions. A volunteer bankruptcy attorney will be available by phone to answer general bankruptcy questions. Copies of official court forms and other information will also be made available to visitors.
Yavapai County CourthouseFor more information, please contact the Bankruptcy Court at 602-682-4000.
120 South Cortez Street
Law Library Room 112
Prescott, AZ 86303
- New Unclaimed Funds Instructions and accompanying forms are now available. Please click here, or choose the "Unclaimed Funds" link on the left, or in the "Creditor Help" menu above, to access the instructions and forms as well as to search the Unclaimed Funds listing.
- The United States Bankruptcy Court, District of Arizona, is requesting a written quotation for Court Transcription Services. A copy of the Request for Quotation can be obtained by contacting Diane Harnisch @ Diane_Harnisch@azb.uscourts.gov, or can be downloaded here:
- Important Change in Noticing of Chapter 13 Plans and Motions for Moratorium - Effective with Plans or Motions Filed August 20, 2007
Starting August 20, 2007, the clerk’s office will assume responsibility for noticing to all creditors the chapter 13 plan, amended plan or modified plan and motion for moratorium. The attorney for the debtor will then no longer be required to notice the plans or motions for moratorium. Click here to see further details concerning this new procedure.
- Starting Monday, August 6th, the U.S. Bankruptcy Court for the District of Arizona is pleased to announce an on-line chat pilot program. Each business day from 10:00 a.m. to 2:00 p.m., a clerk's office representative will be available to assist with customer service inquiries from our website. Please remember that we can not provide legal information. This is only a pilot program at this point to gauge whether customer service can be enhanced through this service. Should this service prove successful, we hope to expand its features and availability in the future.
- The United States Bankruptcy Court for the District of Arizona provides public access to transcripts of court proceedings. Effective August 1, 2007, this court will follow the Judicial Conference policy on electronic availability of transcripts of court proceedings before making official transcripts electronically available to the public. The policy will apply to all transcripts of proceedings or parts of proceedings ordered on or after August 1, 2007 regardless of when the proceeding took place. Please read this policy carefully.
You may download a copy of this policy in pdf format here. In addition, Transcript Redaction Intention Notice forms are available in MS Word, PDF, and Word Perfect formats from the Forms and Documents section of this website.
- The Spanish version of our website has recently been updated. For visitors who wish to view this site in Spanish, simply click on the Español link above. Please note that all required forms within our website are in English and all forms used must be completed in English.
La version en Español de nuestro sition Web se ha puesto al corriente. Si tienen el deseo de mirar este sitio en Español, simplemente tiene que dar un clic sobre "Español". Por favor anote que toda forma dentro de nuestro sition Web estan en Ingles y deben de ser completadas en Ingles.
- Bankruptcy Filing Continue Slow Upward Climb
Bankruptcy Filings (for all chapters) in the District of Arizona increased 59.9 percent through the end of May 2007 according to data posted by the United States Bankruptcy Court for the District of Arizona. This percentage increase is based on a comparison to bankruptcy filings over the same time frame for the prior year (2006). Last year, bankruptcies plummeted to all time lows in Arizona as an aftermath of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), which has been in effect since October 17, 2005. Full News Release
- Updated Informational Pamphlet and new Local Rule Form posted on website:
The informational pamphlet entitled "Consumer Debtor Instructions for Completing the Petition, Schedules, Means Test, Statement of Currrent Monthly Income and Statement of Affairs" has been updated revising section VI. Statement of Intentions, subsection B. 3. Redeem the property. This pamphlet can be found under the Debtor Help/Before You File links above. Along with this update, new Local Form 6008-1, Motion for Order Authorizing Redemption of Personal Property has been added to the Forms and Publications page on our website.
- Construction at Walsh Courthouse in Tucson to Temporarily Shift Main Entrance:
On or about May 9, 2007, the northbound lane on Scott Avenue between Broadway and Congress will be closed, resulting in Scott Avenue converting to a one-way, south bound only street. Shortly after the street work begins, the public entrance to the Courthouse will shift from the Scott Avenue door to the door around the corner, located at the southeast corner of the building on Broadway. The street work and closure is expected to last 3 to 4 months.
- The United States Court of Appeals for the Ninth Circuit has proposed an amendment to the Circuit Rules, and is seeking comment. The opportunity for comment expires on May 4, 2007.
- The Spring 2007 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.
- Bankruptcy workshop set in Florence, AZ:
On Monday, April 30th, from 9:30 a.m. to 3:00 p.m., the public is welcomed to visit with staff of the U.S. Bankruptcy Court Clerk's Office. Staff will be available to provide information regarding the bankruptcy process and to answer general procedural questions. A volunteer bankruptcy attorney will be available by phone to answer general bankruptcy questions. Copies of official court forms and other information will also be made available to visitors.
Pinal County Superior Court
971 Jason Lopez Circle
Building A, Room #3012
Florence, AZ 85232
For more information, please contact the Bankruptcy Court at 602-682-4000.
- The United States Bankruptcy Court for the District of Arizona has adopted new Local Rules of Bankruptcy Procedure. The new Local Rules are effective March 1, 2007. These new Local Rules replace the Rules which were adopted in September of 1996. General Order No. 99 adopts the new Local Rules and also re-adopts the Amendments to the Federal Rules of Bankruptcy Procedure, as revised October 1, 2006, which apply to those cases filed under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.
The new local rules are available in web format for online viewing, as well as PDF format for download.
- Judges Charles Case and James Marlar are being considered for reappointment to another term in office as United States Bankruptcy Judges. In accordance with reappointment procedures, the Judicial Conference invites public comment regarding these reappointments. Please download the invitations for public comment via the following links, for information on submitting comments. Please note, that all comments must be submitted not later than Thursday, March 1, 2007.
- The new Searchable / Sortable Unclaimed Funds list is now available. You can now search the Unclaimed Funds list by case name, case number, filing office, or fund recipient name, and sort the results. Data is updated daily, so be sure to check back frequently to see if funds are waiting for you.
- On January 23, from 10 am to 2:30 pm, U.S. Bankruptcy Court Clerk's Office staff will visit the Bullhead City office of the Mohave County Superior Court to provide information about the bankruptcy process and to answer general procedural questions. A volunteer bankruptcy attorney will be available by phone to answer general bankruptcy questions. Copies of official court forms and other information will also be made available to visitors.
Bankruptcy Self Help Center Visit
1/23/07 10:00 am - 2:30 pm
Mohave County Superior Court, Jury Room - Bullhead City, 2225 Trane Road, 86442
- The U.S. Bankruptcy Court was closed on Tuesday, January 2, 2007, in observance of a National Day of Mourning to honor the memory of former President Gerald R. Ford. Due to this closure, all court hearings and meetings scheduled for Tuesday, January 2 were postponed, and rescheduled as follows:
||Friday, January 19, 2007|
||Thursday, February 1, 2007|