Judge Madeleine C. Wanslee

Email Updates - Click here to subscribe for automatic notices when this page is updated.

Presides in Phoenix Courtroom 702


Maria Mathus
Law Clerk
(602) 682-4244
Maria_Mathus@azb.uscourts.gov
James Yeager
Law Clerk
(602) 682-4246
James_Yeager@azb.uscourts.gov
Christina Johnson
Courtroom Deputy
(602) 682-4248
Christina_Johnson@azb.uscourts.gov
Michelle Radicke-Stevenson
ECR Operator
(602) 682-4038
Michelle_Radicke-Stevenson@azb.uscourts.gov

1. Compliance with Local Rules
2. Communications with Chambers
     2.1 Fax and E-Mail
     2.2 Inquiries Regarding Status of Uploaded Orders; Form of Orders
     2.3 Obtaining Hearing Dates
            2.3.1 Procedure to obtain hearing dates on all matters except Stay Relief and Chapter 13 Trustee's Motions for Status Hearings/Objections to Chapter 13 Trustee's Dismissal Orders
            2.3.2 Procedure to obtain expedited hearing
     2.4 Continuances and Resolution of Matters Set for Hearing
     2.5 Telephonic Appearances
            2.5.1 Policy
            2.5.2 Scheduling a telephonic appearance
3.  Chapter 11 Cases
     3.1 Chapter 11 Status Hearing
     3.2 Order Approving Disclosure Statement and Setting Initial Confirmation Hearing
     3.3 Claims Bar Date
4.  Bar Date/Negative Notice
5. Exhibit Procedures
     5.1 Electronic Exhibits
     5.2 Paper Exhibits
6.  Adversary Proceedings - Initial Scheduling Conference
7.  Motions for Relief from Stay
     7.1 Obtaining Preliminary Hearing Dates and Providing Notice of Hearing
     7.2 Form of Order and Waiver of 14 day stay of Rule 4001(a)(3)
8.  Hearings on Chapter 13 Case Status and Objections to Chapter 13 Trustee's Motion to Dismiss Administrative Case
9.  2004 Examinations and Requests for Production of Documents
10. Discovery Disputes
11. Motions to Reinstate Bankruptcy Case
12. Applications for Fees and Costs
13. Motions for Summary Judgement
      13.1 Pro Se Motions
      13.2 Filed by Counsel
14. Evidence
      14.1 Affidavits or Declarations Generally
      14.2 Declarations for Expert Testimony
      14.3 Declarations for Stay Relief Matters - Preliminary Hearing
15. Joint Pretrial Statements
16. Chapter 13 Lien Avoidance
17. Forms and files for Download

1. Compliance with Local Rules

All parties must comply with all applicable Local Rules, Bankruptcy Rules and the Bankruptcy Code. Particular attention should be paid to Local Rules:

  • 1015-1 Motions for Joint Administration;
  • 4001-1 Stay Relief Motions;
  • 6004-1 Asset Sales;
  • 9004-1(f) Hearing dates & times within captions; and
  • 9013-1
    • (d) Order to accompany ex parte motions;
    • (h) Procedures for obtaining accelerated hearings; and
    • (j) Notices to accompany motions.

2. Communications with Chambers

2.1 Fax and E-Mail

Where time is short, i.e., less than 48 hours, the parties must send copies of filings to Judge Wanslee's law clerks, James Yeager@azb.uscourts.gov and Maria_Mathus@azb.uscourts.gov; or via fax to (602)682-4245. Emailed documents should be received no later than 4:00 PM one business day prior to the hearing. Please notify Chambers of an intent to file emergency papers.

CHAMBERS DOES NOT ACCEPT DOCUMENTS FOR FILING.

All original documents must be filed with the Clerk of the Bankruptcy Court before any hearing. The privilege to fax or e-mail chambers should not be abused.

2.2 Inquiries Regarding Status of Uploaded Orders; Form of Orders

Questions regarding uploaded orders should be directed to Maria Mathus, Judge Wanslee's Law Clerk, at (602) 682-4244 or Maria_Mathus@azb.uscourts.gov

Except in the case of an emergency, please allow 3 business days to pass before inquiring into the status of an uploaded order. Calls regarding orders setting hearings should be directed to Courtroom Deputy Christina Johnson at (602) 682-4248.

Uploaded orders should be converted to PDF electronically, not scanned and should be in a modifiable PDF format.

2.3 Obtaining Hearing Dates

2.3.1 Procedure to obtain hearing dates on all matters except Stay Relief and Chapter 13 Trustee's Motions for Status Hearings/Objections to Chapter 13 Trustee's Dismissal Orders

Upon filing a motion or applicaiton, request a hearing date by e-mailing Christina Johnson at Christina_Johnson@azb.uscourts.gov.  Please attach a copy of the application, motion and/or ECF filing receipt in pdf format.

2.3.2 Procedure to obtain expedited hearing

Request a hearing on shortened notice by filing a motion for expedited hearing separate from the substantive motion. The motion for expedited hearing must 1) state the date by which the hearing must be held and 2) comply with Local Rule 9013-1(h) explaining the basis of the emergency. The movant must upload a proposed form of order that grants the motion for expedited hearing, leaving blanks for a hearing date, time, and a response deadline, which Chambers will complete.

Preferred language for expedited hearing order:

IT IS ORDERED setting an expedited hearing on the Motion for __________________ at ________________ in Courtroom 702 of the United States Bankruptcy Court, District of Arizona, located at 230 N. First Avenue, Phoenix, Arizona 85003.

Any objection or response shall be filed no later than ______________________________.

2.4 Continuances and Resolution of Matters Set for Hearing

When agreed to by opposing counsel, hearings may generally be continued or vacated by telephonic request to Courtroom Deputy Christina Johnson at (602) 682-4248, or by email at Christina_Johnson@azb.uscourts.gov. An ex parte motion for continuance should explain the reason for the request and, if applicable, why the agreement of opposing counsel could not be obtained. The party requesting the continuance shall lodge, as soon as practicable, an order granting the continuance or file a stipulation signed by the parties. If necessary, the party requesting the continuance shall also lodge a new form of notice for the continued hearing, and, when the hearing has been reset or vacated by the Courtroom Deputy, shall give notice of the continued or vacated hearing date to all interested parties.

Parties must immediately notify the Court when a matter is being continued or has been resolved so that the hearing may be taken off the Court's calendar.

2.5 Telephonic Appearances

2.5.1 Policy

Telephonic appearances are allowed in most matters before Judge Wanslee in Courtroom #702 except the following:

  1. Trials and Evidentiary Hearings (all counsel and all witnesses must appear in person unless the Court has expressly approved telephonic appearances).
  2. Appearances by parties and counsel located in Maricopa County (except as otherwise expressly permitted).
  3. Any matter designated by the court as one requiring a personal appearance.

Telephonic witness testimony is discouraged but will be considered on a motion filed at least ten (10) days in advance of the hearing and served on all other parties together with a notice that any objection be filed at least five (5) days prior to the scheduled hearing.

Individuals using the conference call service are cautioned that they do so at their own risk.  Hearings generally will not be rescheduled due to missed connections.

2.5.2 Scheduling a telephonic appearance

If allowed, telephonic appearances may be arranged by e-mailing Christina_Johnson@azb.uscourts.gov. or calling Christina Johnson at 602-682-4248 not later than 3:00 p.m. the business day before the Court hearing date.

The Courtroom Deputy will need:

  • Court date and time;
  • Case name and number; and
  • Name and phone number of person appearing.

Telephonic appearances are connected directly with the courtroom's public address system and electronic recording equipment. No one answers the phone and there is no music – just dead air. Other parties may be on the phone. If so, you will be able to hear one another. To ensure a quality record, the Court prohibits using cellular phones, speaker phones, public telephone booths, or phones in other public places except in the most extreme emergencies. The Court may discontinue the call if your telephone line is creating an echo or is otherwise distracting to the proceeding.

At the time of your hearing, you may initially be in the listening mode in which case you will be able to hear the preceding case as if you were in the courtroom. The Judge will call the case, request appearances, and direct the manner in which the hearing proceeds. Each time you speak, you should identify yourself for the record. When the Judge informs the participants that the hearing is completed, you may disconnect.

3. Chapter 11 Cases

3.1 Chapter 11 Status Hearing

When a new Chapter 11 is filed, the Court will issue a Notice and Order Setting Chapter 11 Status Hearing. The Debtor must notice the hearing and be prepared to discuss the issues set forth in the Order.

3.2 Order Approving Disclosure Statement and Setting Initial Confirmation Hearing

Unless a hearing date is provided in open Court, a hearing on plan confirmation may be obtained from the Courtroom Deputy, Christina Johnson, (602) 682-4248, or by email at Christina_Johnson@azb.uscourts.gov. Please use Judge Wanslee's preferred form of order located on this procedure page.

If the Court approves the Disclosure Statement, counsel shall upload Judge Wanslee’s preferred form of order approving the Disclosure Statement, leaving blanks for an Initial Plan Confirmation hearing date and time, which Chambers will complete.

3.3 Claims Bar Date

The court requires 60 days' notice of claims bar dates in Chapter 11 cases. Ordinarily the claims bar date is the date set for the initial hearing on approval of the disclosure statement. Alternatively, the debtor may request a claims bar date by ex parte motion and order without a hearing, so long as creditors are provided at least 60 days' notice to file their claims. Proof of service upon all creditors and interested parties of the order setting claims bar date must be filed with the court. Please use Judge Wanslee's preferred form of order located on this procedures page. 

4. Bar Date/Negative Notice

The Court will generally accept a bar date notice for all motions that would otherwise require a hearing. Except upon express permission, Judge Wanslee will not accept negative notice for the following:

  • approval of Chapter 11 disclosure statements;
  • confirmation of a plan under Chapters 9, 11, 12, and 15.
  • §363 sales of real property and § 363(h) sales.

Parties wishing to use negative notice should read and comply with Local Rules 2002-2 and 9013-1(k).

FRBP 2002(a) identifies those matters that require 21-day notice under the Bankruptcy Code. For any matter that does not otherwise have a 21-day notice requirement, or other time frame expressly provided by the Code, the minimum amount of time for negative notice, except as specifically approved by the Court, is the same as that required for motion practice: 14 days.

The Court discourages embedded notice (negative notice provided at the end of a motion) and will generally deny approval of such a motion unless the caption clearly indicates that the document includes negative notice and the requirement to respond is conspicuous, along with the details of when a response is required.

5. Exhibit Procedures

Exhibits may be presented electronically or in tabbed and indexed binders.

5.1 Electronic Exhibits

Electronic exhibits may be presented in the following formats: CD-Rom, Audiotape, Videotape, Electronically filed documents, Power Point, or other exhibit programs, such as Sanctions or Trial Director. Counsel and/or parties who present electronic exhibits must contact Christina Johnson at (602) 682-4248 or Christina_Johnson@azb.uscourts.gov. prior to trial to schedule a time for testing. The parties are responsible for presenting the evidence at trial, through operation of any software, document camera or video device. Courtroom Staff are not responsible for actual presentation of evidence.

At the time of the trial counsel must provide the Courtroom Deputy with two (2) thumbdrives/flashdrives containing exhibits that will become part of the official record. Counsel are encouraged to combine all exhibits on the same flashdrive and to coordinate so that exhibits are not duplicative.

Plaintiff's or Movant's exhibits should be identified by numbers; Defendant's or Respondent’s exhibits should be identified by alphabet. In the event one of the parties has a significant number of exhibits, please contact the Courtroom Deputy to deviate from the above procedure. Please provide the Courtroom Deputy with an Exhibit List of all exhibits to be submitted. An exhibit list may be e-mailed to Christina Johnson at Christina_Johnson@azb.uscourts.gov.

Exhibit List (link Exhibit List PDF document)

Please refer to Local Rule 5005-1 regarding the disposal of original exhibits following the final disposition of the case.

5.2 Paper Exhibits

Exhibits should be in tabbed binders with an index at the front. Judge Wanslee requires three duplicate binders (original set and copies for both bench and opposing counsel). The original Exhibit Binder will be marked and placed at the witness stand during testimony. Binders may be marked prior to trial, or marked on the day of the trial just prior to starting.

Please refer to Local Rule 5005-1 regarding the disposal of original exhibits following the final disposition of the case.

6. Adversary Proceedings - Initial Scheduling Conference

The Court will set a FRBP 7016 Scheduling Conference upon the filing of an Answer.

Counsel must comply with FRBP 7026(a) and (f) before the initial Scheduling Conference, including exchanging initial disclosures and filing a discovery plan.

7. Motions for Relief from Stay

7.1 Obtaining Preliminary Hearing Dates and Providing Notice of Hearing

Once an objection is filed to a Motion for Relief from Stay, the moving party may obtain a Preliminary Hearing by following the instructions below:

  • Select a hearing date and time from the appropriate section using theCHS Hearing Dates Look-Up.
  • Download the PDF order for procedures in stay relief matters.
  • Prepare a notice of preliminary hearing and attach the Procedures Order to the notice of hearing. Please include the "related to" docket number of the underlying motion under the subject of the hearing.
  • Serve the notice of hearing with the attached Procedures Order to the appropriate parties and file the notice and certificate of service via ECF. A copy of the Procedures Order MUST be attached to the notice of hearing for notice to be effective.
  • Email a copy of the ECF receipt for the notice of hearing to Christina_Johnson@azb.uscourts.gov. Failure to timely provide the receipt will result in your matter being left off calendar.
  • To arrange a telephonic appearance please e-mail or call Christina Johnson prior to the hearing. (See Procedure 2.5 for specific instructions.)

7.2 Form of Order and Waiver of 14 day stay of FRBP 4001(a)(3)

The Court will not approve orders stating that they are 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. The 14-day stay of FRBP 4001(a)(3) will be waived only when specific facts justifying the relief requested have been alleged in the motion. Boilerplate recitals are disfavored.

See Procedure 14.3 concerning Declarations for Stay Relief Matters

8. Hearings on Chapter 13 Case Status and Objections to Chapter 13 Trustee’s Motion to Dismiss Administrative Case

Hearings on the status of Chapter 13 administrative cases, Trustee’s Motion to Dismiss or lodged dismissal order may be obtained by following the instructions below:

  • Select a hearing date and time from the appropriate section using theCHS Hearing Dates Look-up.
  • Prepare a notice of hearing. Please include the "related to" docket number of the underlying motion under the subject of the hearing.
  • Serve the notice of hearing to the appropriate parties and file the notice and certificate of service via ECF.
  • Email a copy of the ECF receipt for the notice of hearing to Christina_Johnson@azb.uscourts.gov. Failure to timely provide the receipt will result in your matter being left off calendar.

9. 2004 Examinations and Requests for Production of Documents

Orders granting a 2004 examination are to include the following language: “The examination shall be scheduled on a date and time agreeable to the parties or, if upon notice, after not less than 14 days' notice.” A request for Production of Documents may not request the production of documents by any entity or person on less than 21 days' notice. The parties may stipulate to an earlier or later examination or production, and a party may request the Court shorten the notice period of an examination or production under Local Rule 9013-1. A party subject to a 2004 Order may timely file a Motion for Reconsideration or Motion for Protective Order.

10. Discovery Disputes

COMPLIANCE WITH THE COURT'S DISCOVERY PROCEDURES IS MANDATORY. When a discovery dispute arises, the Court requires, as a prerequisite to filing a motion under Local Rule 9013-1, that the party requesting relief first file a Declaration. Such Declaration shall not exceed three pages in length. In addition to providing a brief description of the discovery dispute, the Declaration shall confirm:

  1. That the parties have conferred in person,* not solely by electronic means, and attempted to resolve their disputes and that they have not been able to resolve their differences (if a dispute arises as to where to meet, the parties must call the Courtroom Deputy and arrange for the use of a court conference room); and
  2. That prior to filing the Declaration, the moving party asked that the Courtroom Deputy set an expedited joint conference with the Judge to resolve the dispute and was told they could not be accommodated.

Parties are encouraged to call the Court in the event disputes arise during discovery (e.g. during a deposition). Please be aware that the Court interprets FRCP 30(c)(2) and FRBP 7030 to place significant limits on the comments and objections that may be interposed by Counsel representing a deponent. Only those objections related to privileges against disclosure or generic statements regarding defects in the form of a question (e.g. "I object to the form of the question.") are permitted.

*NOTE: "Personal consultation" means a face to face meeting or phone discussion, in addition to emails, voice-mails, and texts.

11. Motions to Vacate Dismissal Orders (Reinstate Bankruptcy)

Parties seeking to reinstate their bankruptcy must file a Motion and show “cause” why the dismissal order should be vacated.

12. Applications for Fees and Costs

The Court will accept, but does not require, 21-day negative notice for professional fees. An applicant may choose to have the matter set for hearing if they anticipate an objection or a hearing would otherwise be beneficial.

13. Motions for Summary Judgment

13.1 Pro Se Filed Motions

When an unrepresented person files a motion for summary judgment, the Court will issue a scheduling order setting forth the response and reply dates, and scheduling oral argument on the motion. The order setting the oral argument will be sent to parties by the Bankruptcy Noticing Center.

13.2 Counsel Filed Motions

Upon filing a motion for summary judgment, Counsel should email a copy of the ECF filing receipt to Christina_Johnson@azb.uscourts.gov. Counsel will then receive an email setting the date and time of the hearing.

Counsel must prepare a notice setting oral argument on the motion for summary judgment. A copy of the Procedures Order MUST be attached to the notice of hearing for notice to be effective. Please include the "related to" docket number of the motion under the subject of the hearing.

  • Download the PDF Procedures Order re: motions for summary judgment and attach the order to the notice of hearing.
  • Serve the notice of hearing with the order attached to the appropriate parties and file the notice and certificate of service via ECF.
  • Email a copy of the ECF receipt for the notice of hearing to Christina_Johnson@azb.uscourts.gov. Failure to timely provide the receipt will result in your matter being left off calendar and the hearing will be rescheduled.

14. Evidence

14.1 Affidavits or Declarations Generally

Unless otherwise ordered, the Court will not accept affidavits or declarations as evidence over the objection of an opposing party. Prior to the hearing/trial, the parties shall stipulate which, if any, declarations or affidavits may be received into evidence without qualification, which may be received in evidence, provided the witness is available at the hearing for cross examination, and which witnesses must testify on direct examination. Notwithstanding the parties' agreement, the Court may require any witness' testimony to be provided by direct examination.

14.2 Declarations for Expert Testimony

Unless otherwise ordered, the direct testimony of any expert witness must be by written declaration and the witness must appear in person at the hearing and will be subject to cross examination.

14.3 Declarations for Stay Relief Matters - Preliminary Hearing

A party seeking stay relief to enforce a secured obligation against real property may meet its burden of making a colorable showing that it has standing to enforce the note and deed of trust or mortgage by providing evidence, in the form of assignments, endorsements or otherwise, demonstrating that it is a person or entity entitled to enforce the note 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, and authenticated as indicated above.

15. Joint Pretrial Statements

Please refer to Local Rule 7016-1 for joint pretrial statement requirements.

16. Chapter 13 Lien Avoidance

Please use Judge Wanslee's preferred form of order located at the end of the procedure page.

17. Forms and Files for Download