A. DISCLOSURE OF ATTORNEY FEE AGREEMENTS

Every agreement that pertains directly or indirectly to the compensation paid or to be paid to or for the benefit of the debtor’s attorney must be attached to the attorney’s Rule 2016(b) disclosure.

Any agreement entered into after the filing of counsel’s initial Rule 2016(b) disclosure must be filed as a supplement to that disclosure within 14 days of the date the agreement is entered into.

Agreements subject to this procedure include, but are not limited to, retention agreements, fee and expense agreements, wage assignments, security agreements of all kinds, and financing agreements.

Debtor's counsel is responsible for ensuring that all agreements filed in relation to any Rule 2016 Disclosure of Compensation are redacted in compliance with Fed. R. Bankr. P. 9037.

B. FEE APPLICATIONS FOR TRUSTEE'S COUNSEL

Attorney fee applications submitted by counsel for the Chapter 7 Trustee must state in the caption whether the application is an interim or final application. 

Final fee applications requesting payment of attorneys' fees to counsel for the Chapter 7 Trustee: (1) must disclose the estimated return to unsecured creditors in the case; and (2) will not be considered until the Trustee's Final Report.

A. FIRST DAY MOTIONS POLICIES

Parties are to notify chambers upon the filing of first day motions via e-mail at Rebecca_Volz@azb.uscourts.gov and Hannah_Willett@azb.uscourts.gov. The Court may require paper copies of first day motions and proposed orders, including all exhibits, if the documents are voluminous. Contact the courtroom deputy via email as soon as possible before an accelerated or emergency hearing for instructions regarding paper copies.

B. CASH COLLATERAL 

Cash collateral matters will be set as quickly as possible. The moving party should provide a proposed budget (short-term) for the secured creditor’s review. The parties should confer on the budget, if possible, prior to the hearing.

C. CASE MANAGEMENT ORDER 

Upon the filing of a new Chapter 11 case, the Court will issue an order establishing procedures and setting the Case Management Status Hearing.

D. ORDERS FOR EMPLOYMENT OF PROFESSIONALS 

The following language must be included in all orders for employment of professionals:

Approval of employment of a professional person does not automatically approve any fee arrangement set forth in the application or any attachments thereto. No fees are pre-approved by the Court. Any request for a professional fee must be made separately, by a detailed application supporting the request, notice must be given to creditors and other parties-in-interest, and the Court must have an opportunity to review any objections which any party may have. The Court may also consider the application in the absence of any objections and may adjust the fees according to the merits of the particular case. 11 U.S.C. §§ 327, 328, 329, 330, and 331.

E. PROJECTIONS

All plans are to be accompanied by monthly projections that include a starting cash amount and cumulative totals.

F. CLAIMS BAR DATE

The Court requires 60 days’ notice of claims bar dates in standard Chapter 11 cases. Ordinarily the claims bar date is the date set for the initial hearing regarding the approval of the disclosure statement. Alternatively, the debtor may request a claims bar date by ex parte motion and order, without the need for a hearing. If filing a motion to set the claims bar date, use Local Rule Form 3003-1, which can be downloaded from the Court's web site at https://www.azb.uscourts.gov/court-forms, for the order setting the claims bar date. Proof of service of the order setting the claims bar date upon all creditors and interested parties must be filed on the docket.

G. ORDER SETTING HEARING ON APPROVAL OF DISCLOSURE STATEMENT

Local Rule Form 3003-2, which can be downloaded from the Court's web site at https://www.azb.uscourts.gov/court-forms, is to be used for the order setting the disclosure statement hearing.

H. ORDER APPROVING DISCLOSURE STATEMENT AND SETTING INITIAL CONFIRMATION HEARING

Local Rule Form 3003-3, which can be downloaded from the Court's web site at https://www.azb.uscourts.gov/court-forms, is to be used for the order approving the disclosure statement and setting the initial confirmation hearing.

I. ORDER SETTING CONFIRMATION HEARING AND FIXING DEADLINES IN A CHAPTER 11 SUBCHAPTER V CASE

This judge’s preferred from of order is to be used for the order setting the confirmation hearing and fixing deadlines in a subchapter V case. This order differs from the Local Rule form and must be downloaded from the link below.

Form of Order for Setting Confirmation Hearing and Fixing Deadlines in a Chapter 11 Subchapter V case (Word)

J. ORDER CONFIRMING SUBCHAPTER V PLAN

Any proposed form of order confirming a Subchapter V plan must indicate in the caption whether confirmation is consensual under § 1191(a) or non-consensual under § 1191(b).

K. AMENDED CHAPTER 11 PLANS

Counsel must file both clean and redlined copies of amended Chapter 11 plans and plan modifications.

L. BAR DATE/NEGATIVE NOTICE 

In addition to the bar date procedures established by the Local Rules, and unless the Court orders otherwise, the moving party may use a twenty-one (21) day bar date notice for the following matters:
       • motions to extend the debtor’s exclusivity period; and
       • motions for entry of discharge, entry of final decree, and for order to close case.

The party using the negative notice/bar date procedure must proceed pursuant to Local Rule 2002-2.

If an objection to the motion is filed, the movant is responsible for obtaining a hearing date from the courtroom deputy and upon receiving a hearing date, shall give notice of the hearing to all interested parties and file a certificate of service.

A. POST-CONFIRMATION ATTORNEY'S FEES

All post-confirmation fees require final approval by the Court. Counsel must file a brief application for allowance of all post-confirmation compensation and reimbursement of expenses in compliance with 11 U.S.C. § 330 and FRBP 2016(a). The application is to be noticed via 21-day negative notice pursuant to Local Rule 2002-2.

B. LIEN AVOIDANCE/"LIEN STRIPS"

The preferred form of order linked below may be used for avoiding a lien on real property in chapter 13 cases.

Form of Order for Avoiding a Lien on Real Property in a Chapter 13 case (pdf)