Presides in Tucson Courtroom 446
All interested parties are directed to review the case docket to confirm the manner in which the Court will conduct a specific hearing. In general, hearings will be conducted via videoconference using the Zoom for Government platform. Review Section II.C of this procedures page for additional instructions.
I. GENERAL INFORMATION
A. COMPLIANCE WITH LOCAL RULES
All are expected to comply with all applicable Local Rules, Federal Rules, and Code provisions. Particular attention should be paid to the following Local Rules:
• 1015-1 - Motions for joint administration
• 2084-25 - Sale of property or incurring new debt (Chapter 13 only)
• 4001-1 - Stay relief motions
• 6004-1 - Asset sales
• 9004-1(e) - Hearing dates within captions
• 9013-1(d) - Orders to accompany ex parte motions
• 9013-1(j) - Notices to accompany motions
1. LOCAL RULES 9013-1(l) AND 2002-2
As a limited exception to Local Rules 9013-1(l) and 2002-2, Judge Whinery will no longer accept a 21-day negative notice/bar date procedure for objections to exemptions claimed by the debtor. Pursuant to Federal Rule of Bankruptcy Procedure 4003(c), the objecting party bears the burden of proving that an exemption is not properly claimed. Thus, it is the Court’s opinion that granting the objecting party relief through a negative notice/bar date procedure improperly omits that requisite burden.
As the filing of an objection to a claim of exemption creates a contested matter, such objections shall also comply with Federal Rules of Bankruptcy Procedure 9013 and 9014 and the applicable provisions of Local Rule 9013-1. Upon filing an objection to a claim of exemption, the objecting party shall obtain a hearing date from the courtroom deputy, Rebecca Volz, in compliance with the Court’s procedure below. See Subsection “II.A. To Obtain a Hearing for Any Matter.” The objecting party shall then give notice of the hearing to all interested parties and file a certificate of service.
B. INQUIRIES REGARDING THE FILING OF PLEADINGS ON THE DOCKET
Inquiries regarding the filing of pleadings on the docket should be directed to the Office of the Clerk of the Court at (602) 682-4000.
C. LODGING ORDERS
Lodged orders should relate to the initiating motion or stipulation and not the notice of lodging or the certificate of service and no objection. Counsel is required to file the Notice of Lodging Proposed Order pursuant to Local Rule 9022-1.
D. INQUIRIES REGARDING THE STATUS OF ORDERS
Unless otherwise instructed by the Court, please allow 10 business days to pass before inquiring about the status of a lodged order. For questions regarding the status of lodged orders, contact Alicia Johns at 520.202.7556 or Alicia_Johns@azb.uscourts.gov.
E. ACCELERATED OR EMERGENCY MOTIONS
The Court does not attempt to second guess an attorney’s decision to move for an accelerated or emergency hearing. The Court urges counsel to consider the totality of the circumstances before filing such a request.
A party requesting an accelerated or emergency hearing pursuant to Local Rule 9013-1 must email a docketed copy of the motion to expedite hearing to the courtroom deputy, Rebecca Volz at Rebecca_Volz@azb.uscourts.gov, and the law clerk, Hannah Willett at Hannah_Willett@azb.uscourts.gov. The Court will review the request and determine whether to set the matter on an expedited basis or set the matter for hearing in the ordinary course (within approximately 35 days). If the request is granted, the courtroom deputy will inform the movant of the expedited hearing date and time and the proposed order setting the hearing shall be lodged thereafter. The order setting the expedited hearing and notice of hearing are to include specific dates by which responsive pleadings are to be filed and are to be served by the movant upon all interested parties.
F. LAST MINUTE FILINGS
Copies of documents filed less than 48 hours before a scheduled hearing are to be sent to Judge Whinery's law clerk, Hannah Willett, via email at Hannah_Willett@azb.uscourts.gov. The privilege to email documents to chambers should be used sparingly. All emails should be received no later than 4:00 p.m. on the business day prior to the hearing.
G. CONTESTED MOTIONS OR APPLICATIONS EXCEEDING 50 PAGES, INCLUDING MOTIONS FOR SUMMARY JUDGMENT
If a motion, pleading, or application and its exhibits exceed 50 pages, including motions for summary judgment, the Court may require a paper copy. Contact the courtroom deputy via email at least 14 days prior to the hearing date, if non-emergency, or as soon as possible before an accelerated or emergency hearing, for instructions regarding paper copies.
H. COURT MINUTE ENTRIES
The audio and minute entries for all court proceedings are available on the case docket. Parties that did not attend a hearing may listen to the audio and review the minute entries on the case docket. All interested parties may access the case docket via PACER at https://pacer.uscourts.gov.
I. OBTAINING TRANSCRIPTS
In order to obtain a transcript from a Judge Whinery hearing, contact Alicia Johns via email at Alicia_Johns@azb.uscourts.gov or Wesley Stangret via email at Wesley_Stangret@azb.uscourts.gov.
II. HEARINGS AND APPEARANCES
A. TO OBTAIN A HEARING FOR ANY MATTER
The moving party may request a hearing date by contacting the courtroom deputy, Rebecca Volz, via email at Rebecca_Volz@azb.uscourts.gov. The request must be accompanied by the docket entry number or a copy of the ECF filing receipt for the pleading that is the subject of the hearing. Counsel will then be provided with a hearing date and time. The moving party must give notice of the hearing to all interested parties and file a certificate of service. The matter will not be placed on calendar until counsel provides the docket entry number or a copy of the ECF filing receipt for the notice of hearing via email to the courtroom deputy. The calendar is posted to the Court’s web site at http://www.azb.uscourts.gov/court-calendars every Friday at 8:30 a.m. for the following week.
B. REQUESTS TO CONTINUE OR VACATE MATTERS SET FOR HEARING
CHAMBERS BEGINS PREPARING FOR SCHEDULED HEARINGS AT LEAST 7 DAYS PRIOR. IF A REQUEST TO VACATE OR CONTINUE A HEARING IS RECEIVED WITHIN 7 DAYS OF THE HEARING, THE HEARING MAY PROCEED AS SCHEDULED DESPITE THE PARTIES’ REQUEST TO VACATE OR CONTINUE THE MATTER.
IF PARTIES INTEND TO APPEAR ONLY TO REQUEST A CONTINUANCE OR VACATE A MATTER, PLEASE INFORM THE COURTROOM DEPUTY VIA EMAIL AS SOON AS POSSIBLE.
1. REQUESTING A CONTINUANCE
a. CONTINUING AN UNCONTESTED MATTER
An uncontested matter* which is set for hearing may be continued by the movant. The movant shall email the courtroom deputy for a continued hearing date. The email shall indicate that the matter is uncontested. The courtroom deputy will email the movant with a new hearing date and time if the request to continue is granted. The movant must file and serve a notice of continued hearing. The movant is responsible for noticing the entire mailing matrix if the matter being continued is one that requires notice to the entire mailing matrix. Parties should be prepared to appear at any scheduled hearing until a notice of continued hearing has been docketed.
b. CONTINUING A CONTESTED MATTER
A contested matter* which is set for hearing may be continued by the parties via Stipulation to Continue Hearing. Upon the filing of the stipulation, one of the parties shall then email the courtroom deputy to request a continued hearing date. The courtroom deputy will email the party with a new hearing date and time if the request to continue is granted. One of the parties must then file and serve a notice of continued hearing. The parties are responsible for noticing the entire mailing matrix if the matter being continued is one that requires notice to the entire mailing matrix. Parties should be prepared to appear at any scheduled hearing until a notice of continued hearing has been docketed.
2. VACATING A HEARING
a. WITHDRAWAL
The movant may vacate a hearing by filing a notice of withdrawal of the motion or application set for hearing and informing the courtroom deputy via email that the matter is no longer pending because it has been withdrawn.
b. STIPULATION
If a matter is resolved via stipulation, the stipulation and/or the order approving such stipulation shall include language vacating any scheduled hearings.
c. STIPULATION TO VACATE HEARING
A contested matter* which is set for hearing may be vacated by the parties via Stipulation to Vacate Hearing. The stipulation shall indicate why the matter is being vacated (i.e., if the matter has been resolved and, if so, how it has been resolved, or if the parties intend to vacate the matter subject to call). One of the parties shall notify the courtroom deputy via email of the stipulation after the stipulation has been filed. The courtroom deputy will inform the parties whether the hearing will proceed as scheduled or whether the hearing will be vacated. Parties should be prepared to appear at any scheduled hearing until receiving notice from the courtroom deputy that the hearing has been vacated.
*An "uncontested matter" refers to any matter regarding which no opposing pleadings have been filed.
A "contested matter" refers to any matter regarding which an opposing pleading of any kind has been filed.
C. APPEARANCE INFORMATION
The case docket and the calendar posted to the Court’s website will specify how an interested party may appear for a specific hearing. All interested parties may access the case docket via PACER at https://pacer.uscourts.gov. The calendar is posted to the Court’s website at http://www.azb.uscourts.gov/court-calendars every Friday at 8:30 a.m. for the following week. Please contact Courtroom Deputy Rebecca Volz, via email at Rebecca_Volz@azb.uscourts.gov, or via telephone at 520.202.7988, with any questions or concerns regarding appearances.
1. APPEARING REMOTELY
Any interested party may appear remotely via videoconference when that option is available. Any interested party may appear remotely via telephone when that option is available. Consult the case docket and/or the calendar posted to the Court’s website to determine how to appear for a specific hearing.
a. APPEARING BY VIDEOCONFERENCE
Interested parties are to consult the case docket and/or the calendar posted to the Court’s web site to determine if appearances by videoconference are available for a specific hearing. The Videoconference Hearing Guidelines have been implemented by this Court and will be applicable to all videoconference hearings. The hearing ID, passcode, and hearing link for a videoconference hearing will be listed in the order setting hearing, the notice of hearing, or the minute entry setting the hearing. In some instances, interested parties will also receive an email with the hearing ID, passcode, and hearing link.
b. APPEARING BY TELEPHONE
Interested parties are to consult the case docket and/or the calendar posted to the Court’s web site to determine if appearances by telephone are available for a specific hearing. The telephone number and access code will be listed in the order setting hearing, the notice of hearing, or the minute entry setting the hearing.
To ensure the quality of the record, callers are not permitted to use speakerphones. Once the hold music ceases, the conference call is connected to the electronic recording equipment and is being broadcast through the courtroom’s speakers. Callers may only hear silence until the hearings begin. Once hearings begin, cases will be called, and the judge will request appearances and direct the manner in which each hearing proceeds. In order to preserve the record, callers are to identify themselves each time they speak. Callers may disconnect from the call once their hearing has been completed.
2. APPEARING IN PERSON
Interested parties are to consult the case docket and/or the calendar posted to the Court’s website to determine if in-person appearances are required for a specific hearing. If in-person appearances are required, then the physical address of the courthouse and the specific courtroom for in-person appearances will be listed in the order setting hearing, the notice of hearing, or the minute entry setting the hearing. If more than one courtroom is listed, then the additional courtrooms will be connected by video (“Video Courtrooms”). Interested parties may appear in any of the courtrooms listed.
If in-person appearances are required, interested parties may only appear remotely with the Court’s permission. Interested parties are to request permission to appear remotely, as soon as the need for a remote appearance arises, by contacting the courtroom deputy, Rebecca Volz, via telephone at 520.202.7988 or via email at Rebecca_Volz@azb.uscourts.gov.
a. COURT LOCATIONS FOR APPEARING IN PERSON
TUCSON
James A. Walsh Federal Courthouse
38 S. Scott Avenue, Courtroom 446
Tucson, AZ 85701
PHOENIX
US Courthouse and Federal Building
230 N. 1st Avenue, Courtroom 301
Phoenix, AZ 85003
OR
US Courthouse and Federal Building
230 N. 1st Avenue, Courtroom 602
Phoenix, AZ 85003
YUMA
John M. Roll United States Courthouse
98 W. 1st Street, Courtroom 1
Yuma, AZ 85364
III. SPECIFIC PROCEDURES FOR ALL CHAPTERS
A. PRELIMINARY HEARINGS FOR STAY RELIEF MOTIONS
If a response is filed, the moving party is responsible for requesting a preliminary hearing regarding the stay relief motion by contacting the courtroom deputy via email. Once a preliminary hearing date and time have been obtained, the movant shall notice the hearing and forward the docket entry number or a copy of the ECF receipt for the notice of preliminary hearing to the courtroom deputy for calendaring.
At the preliminary hearing, it is generally the Court’s practice to set a “one minute” final hearing to allow the parties time to negotiate a settlement. If the matter is not resolved by the “one minute” final hearing, the Court will set an evidentiary hearing if requested.
If no response is filed, the creditor may lodge a form of order granting the motion. The form of order shall only grant relief that was specifically set forth in the motion and noticed to all interested parties.
B. 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.
C. ORDERS FOR LOAN MODIFICATIONS
In addition to the requirements set forth in the Local Rules, any order for a loan modification shall also include the following language:
IT IS FURTHER ORDERED that, by granting the Motion, this Court expressly makes no findings, conclusions or rulings regarding the legal validity of the terms of the subject loan modification agreement.
D. DISCOVERY DISPUTES
The parties are to notify the law clerk, Hannah Willett at Hannah_Willett@azb.uscourts.gov, and the courtroom deputy, Rebecca Volz at Rebecca_Volz@azb.uscourts.gov, if a discovery dispute remains unresolved after the parties have engaged in personal consultation pursuant to Local Rule 9013-1(e). The parties will be instructed how to proceed thereafter.
IV. SPECIFIC PROCEDURES FOR CHAPTER 7
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 has been filed with the Court.
V. SPECIFIC PROCEDURES FOR CHAPTER 11
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 the provision of 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 setting the Case Management Status Hearing. Counsel for Debtor is to notice the hearing. Counsel and the Court shall address all issues set forth in the Order at the 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
The form of order, which can be downloaded from Section IX of this procedures page, is to be used for the order setting the confirmation hearing and fixing deadlines in a subchapter V case.
J. 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.
VI. SPECIFIC PROCEDURES FOR CHAPTER 13
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, which can be downloaded from Section IX of this procedures page, may be used for avoiding a lien on real property in chapter 13 cases.
VII. SPECIFIC PROCEDURES FOR EVIDENTIARY HEARINGS AND TRIALS
A. SCHEDULING ORDER
The Court will issue a scheduling order for all contested or adversarial matters set for evidence. Parties are to comply with all deadlines and requirements set forth in the scheduling order or the hearing/trial may be vacated.
B. DISCOVERY DISPUTES
The parties are to notify the law clerk, Hannah Willett at Hannah_Willett@azb.uscourts.gov, and the courtroom deputy, Rebecca Volz at Rebecca_Volz@azb.uscourts.gov, if a discovery dispute remains unresolved after the parties have engaged in personal consultation pursuant to Local Rule 9013-1(e). The parties will be instructed how to proceed thereafter.
VIII. CONTACT INFORMATION
A. STAFF
Rebecca Volz, Courtroom Deputy
520-202-7988
Rebecca_Volz@azb.uscourts.gov
Hannah Willett, Law Clerk
520-202-7966
Hannah_Willett@azb.uscourts.gov
Sherry Leavitt, Judicial Assistant
520-202-7984
Sherry_Leavitt@azb.uscourts.gov
B. DELIVERY ADDRESS
United States Bankruptcy Court
38 S. Scott Avenue, Room 100
Tucson, AZ 85701-1608
IX. FILES FOR DOWNLOAD:
Form of Order for Avoiding a Lien on Real Property in a Chapter 13 case (pdf)
Procedures updated on 09/14/2023.