PROCEDURES AND ORDERS FOR JUDGE DANIEL P. COLLINS.
- 1. COMPLIANCE WITH LOCAL RULES, BANKRUPTCY RULES AND BANKRUPTCY CODE
Counsel are expected to comply with all applicable local rules, Bankruptcy Rules and the Bankruptcy Code.
- 2. COMMUNICATIONS WITH THE COURT
- 2.1 Fax and E-Mail
Where time is short, the Court will receive chambers copies of filings and permissible ex-parte communications by fax, (602) 682-4229, or by e-mail to: firstname.lastname@example.org
The Court does not accept for filing documents sent directly to chambers vis either fax or e-mail. All original documents to be filed with the Court must be filed with the Clerk of the Bankruptcy Court through the ECF system before the time of the hearing. The privilege to fax or e-mail chambers should not be abused. Counsel should allow themselves sufficient time to submit documents through the normal process, and all faxes and e-mails should be received no later than 4:00 p.m. of the day prior to the hearing.
- 2.2 Inquiries Regarding Status of Uploaded Orders
Please allow 10 days to pass before inquiring into the status of the uploaded order.
Except in the case of an emergency, inquiries regarding the entry of pleadings and orders on the docket should be directed to the Bankruptcy Court Clerk’s Office at (602) 682-4000. In an emergency, parties may inquire of chambers staff whether an order has been signed. Calls regarding hearings should be directed to Courtroom Deputy Rhonda Vaughan at (602) 682-4228. Calls regardihng submitted Orders should be directed to Shirley Dunbar, Judicial Assistant at (602) 682-4224.
- 2.3 Obtaining Hearing Dates
Upon the filing of a motion/application in an ECF case counsel may contact Courtroom Deputy Rhonda Vaughan at mail to: mail to: email@example.com to obtain a hearing date, the request for hearing must be accompanied with a copy of the "ECF Filing Receipt." When counsel notices the hearing a copy of the hearing notice or filing receipt must be provided to the Courtroom Deputy for her review so she can make sure the date and time is correct.
- Hearing Dates for Chapter 13 Trustee's Motions for Status Hearings:
- CHS Hearing Dates Look-up
- 2.3.1 Prescott Hearing Dates
More information regarding how to schedule a hearing in Prescott, AZ can be found here.
- 2.3.2 Procedure to Obtain an Expedited Hearing
Any party requesting an expedited hearing is expected to comply fully with all applicable requirements of the Bankruptcy Code, Bankruptcy Rules and the Local Rules before an expedited or accelerated hearing will be set by the Court.
- 2.4 Continuances and Resolution of Matters Set for Hearing
When agreed to by opposing counsel, continuances may generally be obtained by email at firstname.lastname@example.org or telephone request to the Courtroom Deputy Rhonda Vaughan at (602) 682-4228. When a continuance is obtained, the party requesting it shall lodge, as soon as practicable, either an order granting the continuance or a stipulation signed by the parties. The party requesting the continuance has the obligation of notifying the opposing counsel or party. Failure to do so may result in sanctions in the appropriate circumstances. If moving counsel/party does not agree a Motion and Order to Vacate and Continue should be filed, do not assume the hearing has been vacated based upon the filing of the Motion.
If the Debtor is unrepresented, counsel for movant must make every effort to advise Debtor of the continued hearing date, either by telephone, fax or email at least 2 days prior to the hearing.
Parties should notify the Court promptly by email at email@example.com when a matter has been resolved so that the hearing may be taken off the Court’s calendar.
- 2.5 Telephonic Appearances
- 2.5.1 Policy
A telephonic appearance is to be made only in emergency situations and for out of town/state counsel. Telephonic appearances are not allowed in the following situations:
- Trials and Evidentiary Hearings (all counsel and all witnesses must appear in person unless the Court has expressly approved telephonic appearances).
- 2.5.2 Scheduling a Telephonic Appearance
Judge Collins does not grant telephonic appearances unless counsel is out of town or lives out of state. In the event there is an emergency and counsel is unable to attend a telephone appearance may be arranged by contacting Judge Collins' Courtroom Deputy, Rhonda Vaughan, at (602) 682-4228 or by e-mail firstname.lastname@example.org. Individuals making use of the telephonic service are cautioned that they do so at their own risk.
The Courtroom Deputy will need:
- Court date and time
- Case name and number
- Name of person requesting to appear by telephone
- It is counsel’s responsibility to initiate the call at the time of scheduled hearing by calling the conference line at (602) 682-4238.
- 3. CHAPTER 11 CASES
- 3.1 Chapter 11 Status Hearing
Judge Collins 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. Download the order here:
- 3.2 Order Approving Disclosure Statement and Setting Initial Confirmation Hearing
See the downloadable - E-Mail the Courtroom Deputy for a date and time.
- 4. BAR DATE/NEGATIVE NOTICE
- 363 sales other than real property (and other than pursuant to Code §363(h);
- approvals of compromises and settlements pursuant to Bank Rule 9019;
- Debtor’s objection to claims - all chapters
- chapter 11 order and notice setting claims bar date
- objections to exemptions claimed by debtor
- motion to compel turnover
- The party using the negative notice/bar date procedure must give detailed notice of the proposed motion or application and clearly state the requirement to respond within the time allowed. The moving party must mail the notice to all creditors and parties in interest. Upon expiration of the time stated, plus an additional three days for mailing, provided there are no objections filed, the moving party may file a certificate of service and of no objection and lodge an appropriate order granting the relief requested. The lodged order should conform to the relief requested in the motion or application. If an objection to the motion or application is filed, the movant is responsible for requesting a hearing from the court, and upon receiving a hearing date, shall give notice to all interested parties of the hearing and file a certificate of mailing.
In the alternative, and particularly if an objection is anticipated, a hearing date may be obtained for any such motion or application by sending an e-mail with the "ECF Filing Receipt" attached to Rhonda Vaughan at email@example.com
- 5. TRIAL EXHIBIT PROCEDURES
Implementation of mandatory use of electronic exhibits in the court of Honorable Daniel P. Collins.
Beginning January 1, 2013, all exhibits presented at trials or evidentiary hearings before Judge Collins are to be presented electronically. Unless otherwise authorized by the Court. This does not apply to pro se parties.
Counsel should meet and confer as to how best to combine all exhibits on the same flash drive. At the time of trial/evidentiary hearing counsel should provide to the Court 2 (two) thumbdrive/flashdrives that contain the exhibits of both parties. One will be retained by the Clerk as part of the official court record; the other will be used by Judge Collins. Counsel should meet and confer as to how to make this happen. Counsel and/or parties who present electronic exhibits, are to contact Rhonda Vaughan at 602- 682-4228 or Rhonda_Vaughan@azb.uscourts.gov prior to the trial to schedule a time for testing if needed.
Those electronic exhibits in the custody of the Clerk and maintained as the official court record will be the exhibits that are presented to the Bankruptcy Court in the case, unless otherwise ordered. The Clerk of Court shall maintain control of the electronic exhibits until the matter is finally concluded, or the time for appeal has run, unless otherwise ordered to be released by the court. The exhibits shall be stored in the same electronic format that the electronic exhibits were provided.
The parties shall be responsible for presentation of the evidence, including operating any computer program, the document camera, or any video device. This may be done by the lawyer presenting the evidence or by another person providing assistance. The Courtroom Deputy will not assist the parties during the trial or hearing in the actual presentation of evidence.
Please refer to Local Rule 5005-1 regarding the disposal of exhibits following the final disposition of the case.
Plaintiff’s exhibits should be identified by numbers; Defendant’s exhibits should be identified by alphabet. Please provide the Courtroom Deputy with an Electronic Exhibit List.
- 6. ADVERSARY PROCEEDINGS – INITIAL SCHEDULING CONFERENCE
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.
To obtain a hearing date for the initial scheduling conference:
- Select a hearing date and time using the CHS Hearing Date Look-Up (link below)
- 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
- 7. MOTIONS FOR RELIEF FROM STAY
- 7.1 Guidelines for Stay Relief Motions
In light of the recent Panel decision(s) of In re Veal --- 450 B.R. 897 (9th Cir. BAP, June 10, 2011), In re Sardana and In re Matson the Court adopts the following procedures for hearings on relief from the automatic stay for real property.
A party seeking stay relief in order to enforce a secured obligation against real property has the burden of making a colorable showing that it has standing to enforce the note and deed of trust or mortgage. To meet this burden, Movant must provide evidence, in the form of assignments, endorsements or otherwise, demonstrating that it is a person entitled to enforce the note under the Uniform Commercial Code as well as a complete chain of title of the beneficial interest under the deed of trust or mortgage. Such evidence shall either be self authenticated under FRE 902 or accompanied by a declaration of a person with knowledge authenticating each document in a form sufficient under FRE 901. If the Movant is proceeding as a servicer or agent, evidence of the servicing or agency agreement must be provided, authenticated as indicated above.
Absent compliance with the requirements set out in Veal, Sardana and Matson, an unopposed motion seeking relief will be denied, any hearing on a stay relief motion will be vacated and the motion may be dismissed without prejudice to the movant’s ability to file a new motion upon payment of a new filing fee.
Any objection to standing must be made with particularity. If an objection to standing is made without an adequate basis in law or fact, the party making the objection may be subject to sanctions.
- 7.2 Preliminary Hearings – Obtaining Hearing Dates and Providing Notice of Hearing
To obtain a hearing date for the Preliminary Hearing
- Select a hearing date and time using the CHS Hearing Date Look-Up (link below)
Movant's counsel may schedule a preliminary hearing on the Motion (after Notice and after an objection/opposition) is filed on one of the dates and times listed below provided that seven (7) days' notice of such hearing must be provided to debtor, debtor's counsel, any other respondents, and all other persons entitled to notice under applicable rules and procedures, and their counsel.
The Court’s procedures for Stay Relief motions are contained in the “Order In Re: Procedures in Stay Relief Matters.” The form of notice to be sent is in “fillable” PDF format. A copy of the Procedures Order must be attached to the Notice for notice to be effective.
A copy of the ECF receipt for the Notice MUST be emailed to mail to: firstname.lastname@example.org at least 7 days prior to the hearing in order for the matter to be properly calendared. Failure to email the receipt will result in the hearing having to be continued to a later date and time and renoticed.
- 7.3 Form of Order and Waiver of 14 Day Stay of Rule 4001(a)(3)
Do not include language in submitted orders purporting to make the order binding in future cases, granting in rem relief, or barring future filings under Section 109(g), unless the Court has specifically granted such relief at a hearing.
- 7.3.1 Uncontested Stay Relief Motions
In uncontested stay relief motions where an order is submitted with certificate of no objection, the court will not routinely waive the 14 day stay of Rule 4001(a)(3) and will strike language to that effect contained in a submitted order. If the movant believes such relief is appropriate, a separate affidavit specifically supporting the relief must be submitted with the order. “Boilerplate" statements will be disfavored.
- 7.3.2 Contested Stay Relief Motions
In contested stay relief motions, the court will waive the stay in a stipulated order or in other circumstances where specific facts have been presented justifying the relief.
- 8. 2004 EXAMINATIONS AND REQUESTS FOR PRODUCTION OF DOCUMENTS
Motions for 2004 examination is to include the following language: “on a date and time agreeable to the parties or, if upon notice, after not less than 10 days' notice.”
2004 examination with request for production of documents: examination is to be scheduled on a date and time agreeable to the parties or, if upon notice, after not less than 20 days' notice and the request for production of documents is to be scheduled on a date and time agreeable to the parties or, if upon notice, after not less than 10 days' notice.”
Request for production of documents: on a date and time agreeable to the parties or, if upon notice, after not less than 10 days' notice.
- 9. DISCOVERY DISPUTES
Judge Collins will not consider any motions concerning discovery disputes unless a statement of the moving party or its counsel, if represented, is attached certifying that after personal consultation and sincere efforts to do so, the parties have been unable to resolve the matter. (See Local Rule 9013-1(e)).
- 10. MOTION TO REINSTATE BANKRUPTCY
Parties seeking to reinstate their bankruptcy must show “cause” why their case should be reinstated.
- 11. APPLICATION FOR FEES AND COSTS
Fee Applications are to be noticed by bar date. If no objections are filed a certificate of service should be filed and an Order Approving the Application should be uploaded. If an objection is anticipated you can e-mail or call the Courtroom Deputy for a hearing date and time. email@example.com
- 12. FORMS AND FILES FOR DOWNLOAD