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News Archive - 2009 News

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News from 2009

  • Proposed Changes to Model Chapter 13 Plan and Local Rule 2084-4
     
    The court  is considering adoption of a Model Chapter 13 Plan, referenced as Local Plan Form 13-2. The requirement to use the Model Plan is found in a proposed revision to Local Rule 2084-4.
     
    The proposed Model Chapter 13 Plan, initially posted for comment on October 23, 2009, has been revised at the suggestion of the Chapter 13 trustees to accommodate debtors who include information on post-petition mortgage payments in the plan payments.  The comment period has been extended to Wednesday, December 23, 2009.
     
    Comments may be submitted by e-mail to: (email address now inactive, comment period is closed).
     
    Please click on the below links to view a redline version of the proposed local rule and the Model Chapter 13 Plan (proposed versions no longer available as the changes have been adopted).
     
    • Proposed changes to Local Rule 2084-4
    • Proposed Model Plan Form 13-2
       
  • Important Notice Regarding Time Period Changes Effective December 1, 2009, Including 14-Day Deadlines for Filing Schedules, Statements, Chapter 13 Plans, and Bankruptcy Appellate Briefs:
     
    Among the time computation amendments to the Federal Rules of Bankruptcy Procedure that will take effect on December 1, 2009, are changes to 12 rules that will result in a reduction by one day (from 15 to 14 days) of the time to take action. The affected rules are Bankruptcy Rules 1007, 1019, 1020, 2015, 2015.1, 2016, 3015, 4001, 4002, 6004, 6007, and 8009. Please take note of these changes and particularly of the new 14-day deadline for filing schedules, statements, and other documents under Rule 1007(c); for filing a chapter 13 plan under Rule 3015(b); and for filing appellate briefs under Rule 8009(a).
     
    In addition, please note that Local Rules for the District of Arizona have also been amended to reflect these changes, and we are currently in the process of updating those rules on this website.
     
  • Tucson Self-Help Center Changes: The Tucson Self-Help Center is pleased to announce that, effective immediately, the availability of volunteer attorneys has been expanded to include Thursdays (11:00 a.m. - 1:00 p.m.) in addition to the current availability on Wednesdays (9:00 a.m. - 11:00 a.m.) and Fridays (9:00 a.m. - 1:00 p.m.).
     
    The general hours of operation for the Self-Help Center remain 9:00 a.m. to 1:00 p.m. Monday through Friday.
     
  • Court Closures During the 2009 Holiday Season: In addition to normal Federal Holidays, the Bankruptcy Court will have the following amended hours during this holiday season:
    • Day After Thanksgiving - Friday, November 27, 2009 - Closed All Day
    • Christmas Eve - Thursday, December 24, 2009 - Open 9:00 a.m. to 1:00 p.m.
    • New Year's Eve - Thursday, December 31, 2009 - Open 9:00 a.m. to 1:00 p.m.

Check the complete list of Federal Holidays for dates of all closures during 2009 and 2010.

  • Proposed Changes to Local Rules: The U.S. Bankruptcy Court for the District of Arizona is proposing changes to the court's local rules. Comments may be submitted by November 23, 2009 and may be e-mailed to the court at: local_rules@azb.uscourts.gov.
     
    The proposed changes focus on two areas. Consistent with time deadline changes in the Federal Rules of Bankruptcy Procedure scheduled to go in to effect on December 1, 2009, the court's local rules have been revised. Specifically, five day deadlines become seven days; 10 and 15 day deadlines become 14 days; 20 day deadlines become 21 days; and 25 day deadlines become 28 days. For deadlines in 7 day increments, all reference to "business" or "calendar" days has been revised to reflect a simpler "days are days" approach.
     
    The second area is the court's adoption of a Model Chapter 13 Plan, referenced as Local Plan Form 13-2. The requirement to use the Model Plan is found in the revision to Local Rule 2084-4.
     
    Please click on the below links to view a redline version of the proposed local rules and the Model Plan.
     
  • Access to ECF and the Court's website will be restricted on Saturday, October 24, 2009 from 5:30 am to 6 pm: Building maintenance has been scheduled that requires electrical services to be shut down. During the outage, the ECF system will be failed over to our replication site and you will continue to be able to perform look-ups but will not be able to file. Our Internet web site will also be failed over to our COOP (Continuity Of OPerations) site, which will contain an announcement regarding the outage.
     
    Please monitor the "System Outages" section of the ECF Homepage for details.
     
  • Tucson Self-Help Center Changes: Beginning October 1, 2009, the Tucson Self-Help Center will change hours of operation to 9:00 a.m. - 1:00 p.m. daily, and will move to Room 101. In addition, a volunteer bankruptcy attorney will be available on Wednesdays (9:00 a.m. - 11:00 a.m.) and Fridays (9:00 a.m. - 1:00 p.m.) and will provide 20 to 30 minute consultations free of charge.
     
  • Bankruptcy Outreach Program Set in Green Valley, AZ: Green Valley – On Thursday September 17, 2009 from 10:00 a.m. to 2:30 p.m., 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 about your pending case if you have already filed for bankruptcy. However, 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 available to visitors.
     
    Location:
     

Friends in Deed
301 W Camino Casa Verde,
Green Valley, AZ.

For more information, please contact the Bankruptcy Court at (520) 202-7500, (800) 556-9230

  • Clerk's Office Announcement: Due to the anticipated interest in the hearings associated with Coyotes Hockey LLC on Thursday, September 10, 2009 from 8:30 am to 6:00 pm, and Friday, September 11, 2009 from 8:30 am to 4:00 pm, the court is arranging for overflow capacity in Courtroom 602. This "overflow" courtroom will be for the sole purpose of allowing those interested to listen and view the live proceeding. The audio will be muted and no court appearance can be made from this location.
     
  • New Video Available: The Honorable Eileen W Hollowell has prepared a new video discussing Reaffirmation. The video is now available online, and can be accessed via the Debtor Help section or the FAQ section of this website.
     
  • Open Market Pricing for HD Video Equipment Units: The US Bankruptcy Court, District of Arizona, is seeking written quotations for Open Market Pricing for HD Video Equipment Units via Request for Quotation AZB-09-12. Written quotations are due no later than 3:00 PM (MST), Monday, September 14, 2009. Late quotes shall not be accepted. Questions concerning this Request for Quotation shall be directed to the Contracting Officer, Diane E. Harnisch, at Diane_Harnisch@azb.uscourts.gov. Telephone questions shall not be accepted.
     
    RFQ AZB-09-12 HD Video Equipment
    Polycom Drawing
     
  • Clerk's Office Announcement: Due to the anticipated interest in today's hearing associated with the Coyotes Hockey LLC, the court is arranging for overflow capacity in Courtroom 602. This "overflow" courtroom will be for the sole purpose of allowing those interested to listen and view the live proceeding. The audio will be muted and no court appearance can be made from this location.
     
  • The Fall 2009 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.
     
  • Tucson Bankruptcy Bar Luncheon Group: The Tucson Bankruptcy Bar Luncheon Group will meet at The Hotel Arizona, Montclair Room, on Tuesday, Sept. 1st at 12:00 p.m.  Ross Meiners, Esq. will lead a discussion about lien stripping, and Michael McGrath, Esq. and Scott D. Gibson, Esq. will lead a discussion about attorney's fees. Judges Hollowell and Marlar both plan to attend. Seating is limited. To reserve a space please contact Jannis Medina at (520) 202-7964 or jannis_medina@azb.uscourts.gov no later than Wed. August 26, 2009 at 5:00 p.m.
     
  • Notice Regarding Use of RECAP Software
     
    The court would like to make CM/ECF filers aware of certain security concerns relating to a software application or “plug-in” called RECAP, which was designed by a group from Princeton University to enable the sharing of court documents on the Internet.
     
    Once a user loads RECAP, documents that he or she subsequently accesses via PACER are automatically sent to a public Internet repository. Other RECAP/PACER users are then able to see whether documents are available from the Internet repository. RECAP captures District and Bankruptcy Court documents, but has not yet incorporated Appellate Court functionality. At this time, RECAP does not appear to provide users with access to restricted or sealed documents. Please be aware that RECAP is "open-source" software, which can be freely obtained by anyone with Internet access and modified for benign or malicious purposes, such as facilitating unauthorized access to restricted or sealed documents. Accordingly, CM/ECF filers are reminded to be diligent about their computer security practices to ensure that documents are not inadvertently shared or compromised.
     
    The court and the Administrative Office of the U.S. Courts will continue to analyze the implications of RECAP or related-software and advise you of any ongoing or further concerns.
     
  • Proposed amendments to the Federal Rules of Bankruptcy Procedure were published and put out for public comment on August 12, 2009.   A summary, along with the full text of the proposed rule and form amendments are posted at the U.S. Court's website. Comments are due by February 16, 2010 and may be submitted electronically to: rules_comments@ao.uscourts.gov.
     
  • Internet Service Interruptions Expected 8/22/2009: Due to maintenance and installation of upgraded Internet appliances, there may be intermittent interruptions to service of the Court's website, as well as ECF, on Saturday, August 22, 2009 between the hours of 7:00am and 11:00am local (MST) time.
     
    Please monitor the "System Outages" section of the ECF Homepage for details.
     
  • ECF size limit on PDF Documents has been increased: As of August 6, 2009, the size of a PDF document that can be submitted electronically has been increased to 4 megabytes.
     
  • Bashas' Claims Agent and Website: The Bashas cases (09-16050) now have a claims agent and special website to dispense information and answer questions. The address for the website is www.bashasrestructuring.com.
     
  • Online Proof of Claim Filing Now Available: You may now file a Proof of Claim via an online form, if you are a creditor and are not represented by an attorney.
     
    To do so, follow the "File a Claim" link in the menu at the left, and follow the instructions for Online filing.
     
  • Prescott Calendar Location Change: The location for Prescott hearings has changed. The change will be effective with hearings scheduled for July 31, 2009. The new location is:

U.S. Post Office Building
101 W. Goodwin Street
2nd Floor
Prescott, AZ  86303

Parties will continue to have the option to appear telephonically or by video from the Phoenix location. For further details, please refer to Judge Baum's procedures page.

  • Bankruptcy Outreach Program Set in Green Valley, AZ: Green Valley – On Thursday September 17, 2009 from 10:00 a.m. to 2:30 p.m., 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 about your pending case if you have already filed for bankruptcy. However, 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 available to visitors.

    Location:
  • Friends in Deed
    301 W Camino Casa Verde,
    Green Valley, AZ
    .

    For more information, please contact the Bankruptcy Court at (520) 202-7500, (800) 556-9230
     

    • Access to ECF and the court's web sites will be restricted on Saturday, June 20th, from 5am through 2pm. During the outage, the ECF system will be failed over to our replication site and you will continue to be able to perform look-ups but will not be able to file.
       
      Please monitor the "System Outages" section of the ECF Homepage for details.
       
    • Clerk's Office Announcement: Due to the anticipated interest in today's hearing associated with the Coyotes Hockey LLC, the court is arranging for overflow capacity in Courtroom 602. This "overflow" courtroom will be for the sole purpose of allowing those interested to listen and view the live proceeding. The audio will be muted and no court appearance can be made from this location.
       
    • The U. S. Bankruptcy Court has issued an open market, Request for Quotation for a licensing agreement to perform Transcription Services for electronically recorded proceedings before the Judges of the US Bankruptcy Court, District of Arizona.
       
      Quotes are due no later than 4:00 PM (MST), May 22, 2009.
       
      Questions may be directed to the Contracting Officer, Diane Harnisch, email address: Diane_Harnisch@azb.uscourts.gov
       
      Download the Request for Quotation form here.
       
    • Clerk's Office Announcement: Due to the anticipated interest in today's hearing associated with the Coyotes Hockey LLC, the court is arranging for overflow capacity in Courtroom 601. This "overflow" courtroom will be for the sole purpose of allowing those interested to listen and view the live proceeding. The audio will be muted and no court appearance can be made from this location.
       
    • ECF System Maintenance Outage Scheduled: The ECF system will be down on Saturday, April 25, 2009, from 8:00 am until 9:00 am for required maintenance.
       
      Please monitor the "System Outages" section of the ECF Homepage for details.
       
    • Bankruptcy Outreach Program set in Sierra Vista, AZ - Sierra Vista - On Wednesday, May 20, 2009, from 10:00 am to 2:00 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 Sierra Vista Chamber of Commerce
    21 East Wilcox Dr.
    Sierra Vista, AZ  85635

    For more information, please contact the Bankruptcy Court at
    602-682-4000 or 1-800-556-9230

    • The United States Bankruptcy Court for the District of Arizona in conjunction with the Arizona Foundation for Legal Services & Education has created a U.S. Bankruptcy Court Help Line. This help line was developed as part of the court’s mission to provide the greatest level of public service, access and information.
       
      The Arizona Foundation for Legal Services & Education will utilize its technical expertise to host the hotline, thus providing a cost efficient location for the bankruptcy line while also ensuring the Foundation continually meets its mission of promoting access to justice for all Arizonans.
       
      By calling the toll free number 866-553-0893, people in need will be able to access information, in English and Spanish, about filing Bankruptcy.  The person can also be transferred to the court or leave a message for an attorney.  The attorneys answering these messages will be volunteering their time to consult individuals for 20 - 30 minutes without charge.  The volunteer attorneys will be coordinated by the Bankruptcy Section of the State Bar of Arizona.
       
    • Service interruption to ECF and the Court's website: There will be a brief interruption in service to ECFand this website, tonight, beginning at 6:00 pm and lasting for approximately one hour, while we perform maintenance on our connection to the Internet.
       
    • The Spring 2009 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.
       
    • Access to ECF will be restricted on Sunday, March 1, from 7am through 9pm: The ECF system will be upgraded to version 3.3.1, and will be failed over to our replication site during the upgrade process. During this time, you will continue to be able to perform look-ups, but will not be able to file.
       
      Please monitor the "System Outages" section of the ECF Homepage for details.
       
    • Access to ECF and the court's web sites will be restricted on Saturday, February 14th, from 9am through 5pm. Building maintenance has been scheduled that requires electrical services to be shutdown. During the outage, the ECF system will be failed over to our replication site and you will continue to be able to perform look-ups but will not be able to file. Our internet web site will also be failed over to our COOP (Continuity Of OPerations) site, which will contain an announcement regarding the outage.
       
    • Phoenix Telephone System Upgrade Completion Scheduled for February 7, 2009: The completion of the telephone system upgrade for the Phoenix office has been scheduled for Saturday, February 7, 2009. As a result, there will be sporadic telephone outages between the hours of 10:00 am and 3:00 pm. During this time you may be unable to contact the main lines, direct lines, leave voicemail messages or access the VCIS system.
       
    • ECF Upgrade Scheduled for March 1, 2009: The ECF system will be upgraded to version 3.3.1 on March 1, 2009. ECF will not be available for filing on that day until after the upgrade has been completed and validated. Version 3.3.1 has been installed in the Test system and is available for testing with your petition preparation software or other ECF integrated software. It is highly recommended that you test your software and contact the manufacturer regarding any updates that may be needed, prior to the upgrade, to avoid loss in functionality.
       
      Please monitor the "System Outages" section of the ECF Homepage for details.
       
    • Effective February 2, 2009: Judge Curley will be rendering tentative rulings on Motions for Relief from Stay that are set for hearing.  At least two days before the preliminary hearing date, the Court will review the Motion and supporting documentation. If the Motion is deficient, the Court will deny the requested relief without prejudice and vacate the scheduled hearing via a Minute Entry Order.  Movant will have to remedy the deficiency before acquiring another hearing date.