News from 2013
- Proposed Amendments Published for Public Comment: The Advisory Committee on Federal Rules of Bankruptcy Procedure has proposed amendments to several bankruptcy rules and forms. The proposed amendments have been published for public comment at the USCourts.gov website. Committee reports explaining the changes and redline versions of the rules can be found at the site. The public comment period closes on February 15, 2014.
- Judicial Vacancy Announcement: The Ninth Circuit Court of Appeals announces the judicial vacancies created by the expected retirement of Judge Sarah Sharer Curley in Phoenix (6/14) and Judge Eileen W. Hollowell in Tucson (9/14) and seeks applications for those positions. The application closing date is Thursday, October 17, 2013.
- Tucson Hearings: Effective Monday, August 12, 2013, matters scheduled for hearing before the Hon. Eileen W. Hollowell will be heard in Courtroom 329 and matters scheduled before the Hon. Brenda Moody Whinery will be heard in Courtroom 446. This pertains to matters where notice was already sent and for future hearings, unless otherwise further noticed for a different courtroom.
- ECF Downtime: ECF will experience a loss of service on Saturday, May 11, 2013 from noon until 2:00pm for system maintenance.
Please monitor the "System Outages" section of the ECF Homepage for details.
- Judge Collins Begins Using CHS for Adversary Proceedings: Counsel are expected to comply with FRBP 7026(a) and (f) prior to the time of the initial Scheduling Conference set pursuant to FRBP 7016(b). Once an Answer is filed to an adversary complaint, the plaintiff should obtain a date for setting the Rule 16 (b) Scheduling Conference. This pertains only to Phoenix cases assigned to Judge Collins.
a. Select a hearing date and time using the CHS Hearing Date Look-Up.
b. Download the PDF Order for procedures in adversary matters. A copy of the Procedures Order MUST be attached to the notice of hearing for the notice to be effective.
- UPDATE: RSS Feed Available in CM/ECF: Yesterday's posting regarding RSS feeds incorrectly stated the feed could be configured to receive certain entries. The following information has been updated and is correct.
The new feature has been activated in CM/ECF that allows users to subscribe to a RSS feed. Once you subscribe, you will receive automatic notification of entries filed in the past 24 hours. Case information and a short description of the docket event are included in the RSS feed as well as links to the docket and document filed. No fees are incurred for viewing data provided by the RSS feed, however, if you click a hyperlink within the feed, you will incur the standard PACER fees for any information accessed. Please click here for further information.
- Update to Fee Schedule: Effective May 1, 2013, the court will begin charging a new $25 fee for each claim transferred. This fee was approved by the US Judicial Conference at its September 2012 session. The fee will be assessed upon the filing of the claim transfer, whether filed by a transferee or transferor. In the event multiple claims transfers are filed at one time by one entity (claims upload or batch filing), the $25 fee will be charged for each individual claim transferred. The fee should be paid by credit card upon the filing of the claims transfer in ECF using Pay.gov. Additionally, the reopening fee for chapter 9 & chapter 15 cases have increased to $1,167 from $1,000.
- Reminder to Attorneys: In our District, the case number includes the assigned judge's initials. With the appointment of the three new judges to the bench earlier this year, many cases were reassigned and as a consequence the case number may have changed. Before uploading an order for signature, please check the docket to ensure the judge initials on your order are correct. If you need to upload an order in a closed case which was assigned to one of the three judges who retired (Judges Baum, Case and Marlar) please first call the court's ECF Help Line at 602-682-4900 and indicate that the case may need to be reassigned.
- Upgrade to CM/ECF Version 5.1 Scheduled: The upgrade of the CM/ECF Live system to version 5.1 has been scheduled for Sunday, April 14, 2013 from 9:00am to 6:00pm. To perform the upgrade, ECF will be failed over to read-only mode, allowing searches and queries, but no filings.
Please confirm with your software vendor that you have the updates necessary to support Bankruptcy CM/ECF Version 5.1.
For more information regarding the Version 5.1 upgrade, please download the Version 5.0 release notes, as well as the Version 5.1 release notes. It is recommended to review the release notes for both versions, as we are upgrading directly from Version 4.3 to Version 5.1.
Please monitor the "System Outages" section of the ECF Homepage for details.
- Upgrade to CM/ECF Version 5.1 Expected April 2013: The upgrade to version 5.1, in Test and Train, was completed on March 3rd and has been available for testing. Please confirm with your software vendor that you have the updates necessary to support Bankruptcy CM/ECF Version 5.1. The court expects to go live on version 5.1 in mid-April. For more information regarding the version 5.1 upgrade, please download the release notes.
- Audio Docketing: The Bankruptcy Court is expanding the audio docketing program, which places selected audio files from court hearings on the CM/ECF docket. The pilot program originated with Judge Case (retired) and continues with Judge Collins. Chief Judge Haines has now come aboard for hearings in his courtroom and in the coming weeks, the remaining Judges are expected to join in.
You will need either Adobe Reader or Adobe Acrobat to access the audio files as they are embedded in a PDF document. There is a $2.40 PACER fee to access each file. For further information on accessing audio files, please click here.
More information on the U.S. Courts' Digital Audio Recording Project is also available on the PACER website.
- Online Proofs of Claim: The maintenance to the Online Proof of Claim application has been completed, and the application is available. To access it, simply click on "File a Claim" in the Online Services menu at the left.
- Yuma Office Hours: On Friday March 15, 2013 the Yuma office will be closed from 12:00 PM to 1:00 PM. If you need assistance at that time, call (800) 556-9227 or contact us using the Online Chat link that appears on this page.
- Online Proofs of Claim: The Online Proof of Claim application will be unavailable for maintenance. We will return to full service as soon as possible. During this time, the Fillable Proof of Claim form will still be available, and may be filed via traditional means; by fax, mail or at the Clerk's Office.
- Automatic Email Updates: A notification service is available through our website that allows you to receive automatic email or text message notices when the information on a particular page changes. Look for this "subscribe" icon in the page to sign up for updates on that page: click on it, and follow the prompts.
- Upgrade to CM/ECF Version 5.1 Completed in TEST and TRAIN Systems: The upgrade to version 5.1 has been completed and is now available for testing with your local applications. Please confirm with your software vendor that you have the updates necessary to support Bankruptcy CM/ECF Version 5.1. For more information regarding the version 5.1 upgrade, please download the release notes.
- Web Site Maintenance: System maintenance on the Court's web servers will be performed on Tuesday, March 5, 2013, beginning at 6:00am. This will require a short downtime to this web site, as well as the Self Help Center Scheduler. During this time, you will see a downtime message in place of both of these web sites. We will return both sites to full operation as soon as possible.
Please note, we have re-scheduled this downtime to March 5, and also that this does not affect ECF.
- Erroneous BNC Transmission: On February 21, 2013, there was an erroneous 341 notice generated and transmitted by the Bankruptcy Noticing Center (BNC) in case number 55-55555, Flying "O" Enterprises. This notice should not have been generated and should be disregarded by all parties. Please contact our ECF Data Quality Team at 602-682-4900 if you have any questions.
- Reassignment of Cases From Coconino and Yavapai Counties: The office code, the first digit of the case number, has been changed from a 2 to a 3. All docketing needs to occur under the new case number. Additionally, due to the retirement of the Hon. Redfield T. Baum, the cases from these counties have been reassigned to other judges on the court. If you need to schedule a hearing to be held in Prescott, please refer to the Judges' Procedures under the "Judges' Information" menu above.
- Bankruptcy Trial Skills Program: On March 14, 2013 from 11:30 am to 1:30 pm, The Arizona Bankruptcy American Inns of Court along with the Bankruptcy Section of the Arizona State Bar will present the first of three programs entitled “Direct and Cross Examination: To Ask or Not to Ask, that is the Question." The panel includes The Honorable Eileen Hollowell, The Honorable Eddward Ballinger, The Honorable Daniel Collins, Trudy Nowak, Cindy Greene, Cody Jess, and Cristina Perez.
The Program will be live in Phoenix and by Video in Tucson and Yuma. The program cost includes lunch and a beverage and does qualify for CLE. Please download refer to the registration form for additional information.
- The Court extends a warm welcome to Judge Ballinger: Eddward P. Ballinger, Jr. was sworn in today, February 14, 2013 before the Honorable Roslyn O. Silver, Chief U.S. District Court Judge for the District of Arizona. Judge Ballinger served as a Maricopa County Superior Court Judge since 1998. Before taking the bench, Judge Ballinger was a partner with Brown and Bain P.A., where he supervised the firm’s bankruptcy litigation. While practicing law, Judge Ballinger represented creditor stakeholders, served as debtor’s counsel and argued a number of appeals before the Ninth Circuit Court of Appeals and the Bankruptcy Appellate Panel.
- Bankruptcy Judgeship Opportunities: The Ninth Circuit Court of Appeals invites applications for two Bankruptcy Judgeships for the District of Arizona. These positions will fill vacancies created by the planned retirements of Chief Judge Haines in March, 2014 and Judge Nielsen at the end of April 2014. The application deadline is April 25, 2013. The announcement and application are available on the Court's Employment Oppotunities page.
- New Chief Takes The Helm: The court is pleased to announce that effective February 1, 2013, Judge Haines assumed the duties as Chief Judge for the U.S. Bankruptcy Court, District of Arizona. The court thanks Chief Judge Marlar for his years of dedicated service as Chief Judge and looks forward to working with Judge Haines
- Court Welcomes its Newest Judge: Brenda Moody Whinery was sworn into office by Bankruptcy Chief Judge James M. Marlar on January 31, 2013. The ceremony was held in the historic courtroom at the James Walsh Courthouse in Tucson. Judge Whinery assumed her duties on the bankruptcy bench as of February 1, 2013. With a few minor adjustments, Judge Whinery will take over the current case load of retiring judge, the Honorable James M. Marlar, who retired from the court on January 31, 2013, after 19 years of distinguished service. Judge Marlar will continue to serve on the court as a recalled judge.
- Office Code 3 for Yavapai and Coconino Cases: Effective February 1, 2013, all new Yavapai and Coconino cases will be assigned a case number starting with office code 3 (Prescott). This change will help the bar and court staff more easily identify Northern Arizona cases originating from these two counties. New cases originating from those two counties will be assigned using a random judge assignment draw similar to the draw currently used for all other Phoenix Office cases. (i.e. the five Phoenix judges participation for Chapter 7's, all seven judges for all other chapters). All mail, including paper filings, should go to the Phoenix office.
All currently pending Prescott cases (RTBP) will also be transferred to office code 3 some time next week. Coinciding with Judge Baum’s retirement on February 14, 2013, the pending Prescott cases will be re-assigned to other judges under the system described above for new cases.
- Yuma Office Hours: On Thursday January 24, 2013 the Yuma office will close early at 1:00 PM. If you need assistance between 1:00 PM and 4:00 PM that day, call (928) 783-2288 or (800) 556-9227, or contact us using the Online Chat link that appears on this page.
- Court Welcomes its Newest Judge: Daniel P. Collins was sworn into office by District Judge McNamee on January 16, 2013 and will assume the duties of his new position on the bankruptcy bench on January 18, 2013. With a few minor adjustments, he will take over the current case load of retiring judge, the Honorable Charles G. Case II, who retired from the court on January 17, 2013 after 19 years of excellent service.