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Judge Madeleine C. Wanslee

 

All Wednesday hearings will be hybrid proceedings - participants may, at their option, appear personally in the Courtroom*, via the Zoom for Government platform, or telephonically. Hearings on other days will continue to be held remotely via telephone and videoconference unless otherwise ordered. Trials and other evidentiary hearings will be in person or, with prior court approval, via hybrid proceedings.

*Masks: In coordination with GSA and the CDC's recent updated guidelines regarding COVID-19 prevention, the Bankruptcy Courthouses' mask requirements will be determined weekly based on community transmission levels. Masks may be required to enter the building and, depending upon attendance in the courtroom, may be required there.

TELEPHONIC APPEARANCE VIDEOCONFERENCE APPEARANCE
(877) 402-9753
Access Code:  7471798
Toll-Free Number
Website: www.zoomgov.com
Zoom Meeting ID: 161 724 2602
Passcode: 200654
        -OR-
Click below to appear by videoconference:
(669) 254-5252
Non-Toll-Free Number
All participants must follow the local

Important: Whether by video or telephone, all hearings are formal court proceedings and courtroom formalities must be observed.  To avoid interrupting other hearings in progress, please turn off your video and/or mute your telephone until your matter is called. 

To appear at a hearing, send a courtesy email to Courtroom Deputy Tayler Carter Tayler_Carter@azb.uscourts.gov and include the hearing date, the full name of the person appearing, that person’s relationship to the case, and the case name and number.

 

 

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Presides in Phoenix Courtroom 702


Christina Johnson
Paralegal
(602) 682-4248
Christina_Johnson@azb.uscourts.gov
James Yeager
Law Clerk
(602) 682-4246
James_Yeager@azb.uscourts.gov
Tayler Carter
Courtroom Deputy
(602) 682-4066
Tayler_Carter@azb.uscourts.gov
Michelle Radicke-Stevenson
ECR Operator
(602) 682-4038
Michelle_Radicke-Stevenson@azb.uscourts.gov

1. General Information
     1.1 Compliance with Local Rules
     1.2 Document Format
     1.3 Communications with Chambers
            1.3.1 Email; Courtesy Copies
            1.3.2 Docket Inquiries
2. Procedure for Obtaining and Noticing Hearings
     2.1 Chapter 13 Status Hearings / Objections to Chapter 13 Trustee's Dismissal Orders / Preliminary Stay Relief Hearings
     2.2 Oral Argument on Motions for Summary Judgment
            2.2.1  Pro Se Filed Motions
            2.2.2 Counsel filed Motions
     2.3 Request for Expedited Hearing
     2.4 All Other Hearings
     2.5 Continuances and Resolution of Matters Set for Hearing
     2.6 Telephonic Appearances
            2.6.1 Policy
            2.6.2 Scheduling a telephonic appearance
3.  Chapter 11 Cases
     3.1 Setting Confirmation Hearing in a Subchapter V Case
     3.2 Amended / Revised Chapter 11 Disclosure Statement or Plan
4. Bar Date/Negative Notice
5. Exhibit Procedures
     5.1 Electronic Exhibits
     5.2 Paper Exhibits
6. Motions for Relief from Stay
      6.1 Form of Order and Waiver of 14 day stay of Rule 4001(a)(3)
7. Discovery Dispute Procedure
8. Applications for Fees and Costs
      8.1 Generally
      8.2 Chapter 13 Cases
9. Evidence
      9.1 Affidavits or Declarations Generally
      9.2 Declarations for Expert Testimony
      9.3 Declarations for Stay Relief Matters - Preliminary Hearing
      9.4 Declarations to Extend/Effectuate Stay - Preliminary Hearing
10. Chapter 13 Lien Avoidance
11. Forms and files for Download

 

1. GENERAL INFORMATION

1.1 Compliance with Local Rules

All parties must comply with all applicable Local Rules, Bankruptcy Rules and the Bankruptcy Code, with particular attention paid to the following Local Rules:

  • 1015-1 Motions for Joint Administration;
  • 1017-1(f) Motions to Reinstate Dismissed Case (see Local Rule form 1017);
  • 2004-1 Time Limits to Compel Examination or Production of Documents;
  • 3003-1 (Setting Deadline for) Filing Proof of Claim or Equity Security Interest in Chapter 9 and Chapter 11 Cases (see Local Rule form 3003-1);
  • 4001-1 Stay Relief Motions;
  • 5005-6 Filings Under Seal (a copy delivered to chambers is preferred);
  • 6004-1 Asset Sales (strict compliance with LR 6004-1(b) is required);
  • 7016-1 Joint Pretrial Statements & List of Witnesses and Exhibits (failure to comply may result in the Court vacating a scheduled trial or evidentiary hearing);
  • 9004-1(f) Hearing dates & times within captions;
  • 9013-1
    • (d) Order to accompany ex parte motions;
    • (h) Procedures for obtaining accelerated hearings;
    • (j) Notices to accompany motions;
    • (k) Relief possible on 21-day bar date notice; and
  • 9022-1 Judgments or Orders

1.2 Document Format

Lodged orders and electronically filed papers (e.g., motions, responses, replies, settlement agreements, and other memoranda) must be in a text selectable, searchable, and modifiable PDF file format before they are uploaded or filed into CM/ECF.

1.3 Communications with Chambers

1.3.1 Email; Courtesy Copies

Where time is short, i.e., less than 48 hours, the parties must send copies of their filed papers to Judge Wanslee's Law Clerk, James_Yeager@azb.uscourts.gov. Emailed documents must be received no later than 4:00 PM one business day before the hearing. Please notify Chambers of an intent to file emergency papers.

Provide Chambers with a courtesy paper copy of any paper exceeding 20 pages INCLUDING EXHIBITS.

CHAMBERS DOES NOT ACCEPT DOCUMENTS FOR FILING

File all original documents with the Clerk of the Bankruptcy Court before any hearing.

1.3.2 Docket Inquiries

Direct questions regarding uploaded orders to Christina Johnson, Judge Wanslee's Paralegal, at (602) 682-4248 or Christina_Johnson@azb.uscourts.gov.

Direct questions regarding orders setting hearings to Courtroom Deputy Tayler Carter at (602) 682-4066 or Tayler_Carter@azb.uscourts.gov.

2. PROCEDURE FOR OBTAINING AND NOTICING HEARINGS

2.1 Chapter 13 Status Hearings / Objections to Chapter 13 Trustee's Dismissal Orders / Preliminary Stay Relief Hearings

  • Select a hearing date and time from the Court Hearing Scheduler ("CHS") CHS Hearing Dates Look-Up.
  • Prepare and file a notice of hearing. Relate the notice to the underlying motion. (For effective notice on preliminary stay relief hearings, download and attach the PDF Procedures Order)
  • Serve the notice to all appropriate parties and file the notice and certificate of service.
  • Email a copy of the ECF receipt for the notice of hearing to Courtroom Deputy Tayler_Carter@azb.uscourts.gov Your hearing may be vacated if you fail to timely follow these steps.
  • Preferred language for form notice of hearing - remote hearing:

Parties may appear at the hearing either by (1) videoconference by visiting www.zoomgov.com, Meeting ID: 161 724 2602, Passcode: 200654 or (2) telephone by calling (877) 402-9753, Access Code: 7471798.

2.2 Oral Argument on Motions for Summary Judgment

2.2.1 Pro Se Filed Motions

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

2.2.2 Counsel Filed Motions

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

To ensure that the matter is properly added to the Court's calendar, counsel must:

  • Prepare a Notice of Hearing Setting Oral Argument on the Motion for Summary Judgment.
  • Download the PDF Procedures Order and attach it to the Notice of Hearing. A copy of the Procedures Order must be attached for notice to be effective.
  • Serve the Notice of Hearing with the attached Procedures Order on the proper parties and contemporaneously file the Notice and a Certificate of Service via ECF.
  • Email a copy of the ECF receipt for the hearing to Tayler_Carter@azb.uscourts.gov. Your hearing may be vacated if you fail to timely follow these steps.

2.3 Request for 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 response and reply deadlines, which Chambers will complete. Movant is responsible for promptly serving the order setting expedited hearing and any other required papers [e.g. the notice required by Local Rule 6004-1].

Preferred language for expedited hearing order:

IT IS ORDERED granting the motion and setting an expedited hearing on __________________ at ________________ in Courtroom 702 of the United States Bankruptcy Court, District of Arizona, located at 230 N. First Avenue, Phoenix, Arizona 85003. Parties may appear at the hearing either by (1) videoconference by visiting www.zoomgov.com, Meeting ID: 161 724 2602, Passcode: 200654 or (2) telephone by calling (877) 402-9753, Access Code: 7471798.

Any objection or response shall be filed no later than ______________________ and any reply must be filed no later than ____________________.

2.4 All Other Hearings

Contemporaneous with filing a motion or application, request a hearing date by emailing Courtroom Deputy Tayler_Carter@azb.uscourts.gov. Please attach a copy of the application, motion, and/or ECF filing receipt in pdf format.

Preferred language for form notice of hearing - remote hearing:

Parties may appear at the hearing either by (1) videoconference by visiting www.zoomgov.com, Meeting ID: 161 724 2602, Passcode: 200654 or (2) telephone by calling (877) 402-9753, Access Code: 7471798.

2.5 Continuances and Resolution of Matters Set for Hearing

When agreed to by the parties, hearings may generally be continued or vacated by telephonic or email request to Courtroom Deputy Tayler Carter at (602) 682-4066 or Tayler_Carter@azb.uscourts.gov.

If the parties have not agreed to a continuance, the party seeking a continuance must file a motion explaining the reason for the request and, if applicable, why the other party did not agree to the continuance. The movant must also lodge an order granting the continuance and, if necessary, lodge a new form of notice for the continued hearing. The party requesting the continuance must notify the opposing counsel, trustee, and interested parties of any change in hearing date and time.

Parties must immediately notify the Court when they resolve a matter or seek a continuance.

2.6 Telephonic Appearances

2.6.1 Policy (suspended during COVID-19)

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.

The Court discourages telephonic witness testimony but will consider a motion filed at least ten (10) days before the hearing and served on all other parties together with a notice that objections must be at least five (5) days before the scheduled hearing.

2.6.2 Scheduling a telephonic appearance

If allowed, telephonic appearances may be arranged by e-mailing Tayler_Carter@azb.uscourts.gov or calling Tayler Carter at (602) 682-4066 not later than 3:00 p.m. the business day before the Court hearing date.

The Courtroom Deputy will need:

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

Telephonic appearances connect 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 Setting Confirmation Hearing in a Subchapter V Case

For Chapter 11 cases under Subchapter V where there is no Disclosure Statement, counsel must upload Local Form 3003-4 Order Setting Confirmation Hearing and Fixing Deadlines [Subchapter V Case], leaving blanks for an Initial Plan Confirmation hearing date and time, which Chambers will complete.

3.2 Amended / Revised Chapter 11 Disclosure Statement or Plan

Counsel must file both clean and redlined copies of amended or revised disclosure statements and plans.

4. BAR DATE/NEGATIVE NOTICE

Parties wishing to use negative notice should read and follow 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 period 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). The Court will not approve such a motion unless the caption on the first page clearly and conspicuously indicates that the document includes negative notice, and details the requirements of filing a response.

The Court accepts a bar date notice for all motions that would otherwise require a hearing. In addition to the bar date procedures in the Local Rules, unless otherwise ordered, Judge Wanslee will accept a 21-day negative notice for the following Chapter 11 matters:

  • extend Debtor's exclusivity period; and
  • enter discharge, enter final decree, and close case.

Except upon express permission, Judge Wanslee will not accept negative notice for the following:

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

5. EXHIBIT PROCEDURES

Unless otherwise ordered, participants must present all trial exhibits electronically. Please refer to Local Rule 5005-1 regarding the disposal of original exhibits following the final disposition of the case.

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 Tayler Carter at (602) 682-4066 or Tayler_Carter@azb.uscourts.gov before 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) thumb drives/flash drives containing exhibits that will become part of the official record. Counsel are encouraged to combine all exhibits on the same flash drive and to coordinate so that exhibits are not duplicative.

Plaintiffs or Movants must identify their exhibits numerically; Defendants or Respondents must identify their exhibits alphabetically. In the event one of the parties has a sizable number of exhibits, please contact the Courtroom Deputy to deviate from the above procedure. Please provide the Courtroom Deputy with an Exhibit List via e-mailed Tayler Carter at Tayler_Carter@azb.uscourts.gov

Exhibit List (link Exhibit List PDF document)

5.2 Paper Exhibits

Exhibits should be in tabbed binders with an index at the front. Unless otherwise directed, 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 before the trial date, or immediately before trial starts.

6. MOTIONS FOR RELIEF FROM STAY

6.1 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 Court will waive the 14-day stay of FRBP 4001(a)(3) only when specific facts justifying the relief requested have been alleged in the motion. Boilerplate recitals are disfavored.

See Procedure 9.3 concerning Declarations for Stay Relief Matters.

7. DISCOVERY DISPUTE PROCEDURE

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 must not exceed three pages in length. In addition to providing a brief description of the discovery dispute, the Declaration must 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 before filing the Declaration, the moving party asked that the Courtroom Deputy set an expedited joint conference with the Judge to resolve the dispute but the Court could not accommodate the request.

The Court encourages parties 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. DUE TO THE COVID-19 PANDEMIC, FACE TO FACE MEETINGS ARE SUSPENDED UNTIL FURTHER NOTICE.

8. APPLICATIONS FOR FEES AND COSTS

8.1 Generally

The Court will accept, but does not require 21-day negative notice for professional fee applications.  See Local Rule 9013-1(k)(1)(C). An applicant may choose to set the matter for hearing if they anticipate an objection or a hearing would otherwise be beneficial.

8.2 Chapter 13 Cases

As provided by Local Rule 2084-3, an attorney must indicate on the chapter 13 plan form whether compensation will be on a flat fee our hourly basis. If the attorney elects compensation by a flat fee, they must provide legal services through confirmation of a debtor's plan and thereafter assist a debtor to obtain a discharge, performing all of the services identified in Local Rule 2084-3(b)(3). If the attorney completes work after confirmation, and therefore seeks additional compensation where a separate fee application would be required, the attorney may not include in any such supplemental request for fees any of the services identified in Local Rule 2084-3(b)(2), or that would normally be considered covered by the flat fee previously approved. The obligation to provide legal services identified in Local Rule 2084-3(b)(3) under a flat fee continues beyond confirmation of the plan and counsel must provide the services associated with their representation until the debtor obtains a discharge.

9. EVIDENCE

9.1 Affidavits or Declarations Generally

Unless otherwise ordered, the Court will not accept affidavits or declarations as evidence over the objection of an opposing party. Before the hearing/trial, the parties must 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 by direct examination.

9.2 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.

9.3 Declarations In Support of Stay Relief Motions - 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 must 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, the declarant must provide evidence of the servicing or agency agreement authenticated as indicated above.

9.4 Declarations to Extend/Effectuate Stay - Preliminary Hearing

Motions to continue the automatic stay under §362(c)(3) or for the automatic stay to take effect under §362(c)(4) should be filed along with the petition to ensure adequate time for a hearing. Such motions should be supported by written declaration setting forth clear and convincing evidence sufficient to rebut any presumption that the case was not filed in good faith. Debtors and counsel must also appear at the hearing.

10. CHAPTER 13 LIEN AVOIDANCE

Please use Judge Wanslee's preferred form of order located at the end of the procedure page when avoiding a second lien on real property.

11. FORMS AND FILES FOR DOWNLOAD