Current Docket; Importance of Complying with Bankruptcy Code and Rules; Presentation of Evidence; Telephonic Appearances; Vacating Hearings or Trials; Court Filings Exceeding 100 Pages; Motions for Summary Judgment and Dispositive Motions; Scheduling Conference; Initial Pretrial Scheduling Conferenc

=== Current Docket ===

COURTROOM E DOCKET HONORABLE THOMAS B. McNAMARA DOCKET June 8, 2026 through June 12, 2026 The following Docket is current as of June 9, 2026. This calendar may have been subsequently modified and hearings vacated and/or added. Courtroom E at the Bankruptcy Court U.S. Customs House, 721 19th Street, Denver, Colorado Relief from Stay and Extension of Stay hearings have resumed as in-person hearings. Pursuant to L.B.R. 4001-1 and L.B.R. 4001-2, the following dates are available for setting preliminary hearings on motions for relief from automatic stay (11 U.S.C. § 362(d and motions to impose or extend the stay (11 U.S.C. § 362(c . Pursuant to L.B.R. 2081-3, the same dates are also available for setting preliminary hearings on motions to dismiss or convert under 11 U.S.C. § 1112(b).* Thursday, June 25, 2026, at 9:00 a.m. in Courtroom E Thursday, July 2, 2026, at 9:00 a.m. in Courtroom E Thursday, July 9, 2026, at 9:00 a.m. in Courtroom E Thursday, July 16, 2026, at 9:00 a.m. in Courtroom E Thursday, July 23, 2026, at 9:00 a.m. in Courtroom E Thursday, August 6, 2026, at 9:00 a.m. in Courtroom E Thursday, August 13, 2026, at 9:00 a.m. in Courtroom E Notice for all in-person hearings: The U.S. Custom House is a secure government building. Attorneys and parties must present a valid government-issued ID and submit to security screening to enter. Valid government issued IDs include active driver's licenses, state IDs, government-issued identification cards, and passports. *EXCEPT AS OTHERWISE ORDERED, motions to continue and/or to vacate a hearing and approve stipulations relating to matters set for hearing must be filed no later than 12:00 p.m. the day prior to the hearing. The parties shall also call chambers at (720) 904- 7310 to advise that the motion or stipulation has been filed. The Court may not consider motions to continue and/or to vacate and approve stipulations filed after 3:00 p.m. Parties filing such motions shall be prepared to appear in person at the time scheduled for the hearing. Each individual attorney must file an entry of appearance in a specific case, or a specific pleading in CM/ECF if he/she wants to receive notices and orders in a specific case. The Clerk’s office cannot capture the information from attorneys whose ONLY appearance is during a telephonic hearing or other proceeding in the courtroom. The failure to an attorney- specific entry of appearance in a case will likely result in the attorney not receiving notices and orders form the Court and possibly not receiving pleadings from other parties in the case. All telephonic participants appearing before the Honorable Thomas B. McNamara shall call the Court at: 1-833-568-8864 or 1-833-435-1820 immediately prior to the time of the scheduled hearing. Enter the Meeting ID: 160 248 1883, press # when prompted to enter participant ID. (cid:56)(cid:17)(cid:54)(cid:17)(cid:3)(cid:37)(cid:36)(cid:49)(cid:46)(cid:53)(cid:56)(cid:51)(cid:55)(cid:38)(cid:60)(cid:3)(cid:38)(cid:50)(cid:56)(cid:53)(cid:55) (cid:41)(cid:50)(cid:53)(cid:3)(cid:55)(cid:43)(cid:40)(cid:3)(cid:39)(cid:44)(cid:54)(cid:55)(cid:53)(cid:44)(cid:38)(cid:55)(cid:3)(cid:50)(cid:41)(cid:3)(cid:38)(cid:50)(cid:47)(cid:50)(cid:53)(cid:36)(cid:39)(cid:50) (cid:43)(cid:82)(cid:81)(cid:82)(cid:85)(cid:68)(cid:69)(cid:79)(cid:72)(cid:3)(cid:55)(cid:75)(cid:82)(cid:80)(cid:68)(cid:86)(cid:3)(cid:37)(cid:17)(cid:3)(cid:48)(cid:70)(cid:49)(cid:68)(cid:80)(cid:68)(cid:85)(cid:68) (cid:55)(cid:88)(cid:72)(cid:86)(cid:71)(cid:68)(cid:92)(cid:15)(cid:3)(cid:45)(cid:88)(cid:81)(cid:72)(cid:3)(cid:19)(cid:28)(cid:15)(cid:3)(cid:21)(cid:19)(cid:21)(cid:25) Current as of 06/5/2026 at 2:17 PM Courtroom E 09:00 AM 24-14454-TBM David W. McHugh Ch 7 Trustee: Lofstedt Vacated from the calendar Moving: Michael J. Pankow Opposing: Chad S. Caby David Wadsworth U.S. Custom House 721 19th St. Courtroom E Denver, CO 80202 Matter: In-Person Evidentiary Hearing on the Motion to Approve (I) Settlement Agreement with Debtor Pursuant to Federal Rule of Bankruptcy Procedure 9019 and (II) Authorize Sale of Silver Spur Property Free and Clear of Liens Filed by Joli A. Lofstedt, Chapter 7 Trustee, the Limited Objection thereto filed by FirstBank, and the Objection thereto filed by Kenton Hopkins (Docket Nos. 276, 281, and 282) Current as of 06/5/2026 at 2:17 PM Printed for Tuesday, June 9, 2026 † indicates associated main case data Page 1 of 1 (cid:56)(cid:17)(cid:54)(cid:17)(cid:3)(cid:37)(cid:36)(cid:49)(cid:46)(cid:53)(cid:56)(cid:51)(cid:55)(cid:38)(cid:60)(cid:3)(cid:38)(cid:50)(cid:56)(cid:53)(cid:55) (cid:41)(cid:50)(cid:53)(cid:3)(cid:55)(cid:43)(cid:40)(cid:3)(cid:39)(cid:44)(cid:54)(cid:55)(cid:53)(cid:44)(cid:38)(cid:55)(cid:3)(cid:50)(cid:41)(cid:3)(cid:38)(cid:50)(cid:47)(cid:50)(cid:53)(cid:36)(cid:39)(cid:50) (cid:43)(cid:82)(cid:81)(cid:82)(cid:85)(cid:68)(cid:69)(cid:79)(cid:72)(cid:3)(cid:55)(cid:75)(cid:82)(cid:80)(cid:68)(cid:86)(cid:3)(cid:37)(cid:17)(cid:3)(cid:48)(cid:70)(cid:49)(cid:68)(cid:80)(cid:68)(cid:85)(cid:68) (cid:58)(cid:72)(cid:71)(cid:81)(cid:72)(cid:86)(cid:71)(cid:68)(cid:92)(cid:15)(cid:3)(cid:45)(cid:88)(cid:81)(cid:72)(cid:3)(cid:20)(cid:19)(cid:15)(cid:3)(cid:21)(cid:19)(cid:21)(cid:25) Current as of 06/5/2026 at 2:17 PM Courtroom E 10:30 AM 10:30 AM 26-11781-TBM Donnell T Richardson Ch 13 Trustee: Goodman Moving: Michael M. Noyes Opposing: Adam M Goodman U.S. Custom House 721 19th St. Courtroom E Denver, CO 80202 Matter: In-Person or Telephonic Confirmation Hearing. Objection to Confirmation filed by Chapter 13 Trustee Goodman. 10:30 AM 26-10615-TBM Katie Jean Overturf Ch 13 Trustee: Goodman Moving: Steven W. Holland Opposing: Adam M Goodman Matter: In-Person or Telephonic Confirmation Hearing on Debtor's Amended Chapter 13 Plan Objection to Confirmation filed by Chapter 13 Trustee Goodman. 10:30 AM 26-12359-TBM Robert Arnold Gomez and Lea Ann Lopez Ch 13 Trustee: Goodman Moving: Matt McCune Opposing: Alison L Berry Adam M Goodman Case dismissed on 6/9/2026 Matter: In-Person or Telephonic Confirmation Hearing. Objection(s) to Confirmation filed by Chapter 13 Trustee Goodman and Onity Mortgage Corporation F/K/A PHH Mortgage Corporation Current as of 06/5/2026 at 2:17 PM Printed for Wednesday, June 10, 2026 † indicates associated main case data Page 1 of 11 10:30 AM 26-10565-TBM Adrienne Grace Ch 13 Trustee: Kiel Stephen E. Berken Moving: Opposing: Douglas B. Kiel Matter: In-Person or Telephonic Confirmation Hearing on Debtor's Amended Chapter 13 Plan. Objection to Confirmation filed by Chapter 13 Trustee Kiel. 10:30 AM 26-12729-TBM Cerecia Lea Hall Ch 13 Trustee: Kiel Matthew Forstie Moving: Opposing: Douglas B. Kiel Vacated- Confirmed Matter: In-Person or Telephonic Confirmation Hearing. Objection to Confirmation filed by Chapter 13 Trustee Kiel. 10:30 AM 26-10901-TBM Jacqueline Jean Benavides Ch 13 Trustee: Kiel Vacated - Confirmed Moving: Carl G. Fritz Opposing: Douglas B. Kiel N. April Winecki Matter: In-Person or Telephonic Confirmation Hearing. Objection to Confirmation filed by JPMorgan Chase Bank, National Association. 10:30 AM 26-11356-TBM Hector Eduardo Barajas and Olivia Natasha Perretta Ch 13 Trustee: Kiel Vacated - Confirmed Moving: Jane M. Roberson Opposing: Douglas B. Kiel Matter: In-Person or Telephonic Confirmation Hearing. Objection to Confirmation filed by Chapter 13 Trustee Kiel. Current as of 06/5/2026 at 2:17 PM Printed for Wednesday, June 10, 2026 † indicates associated main case data Page 2 of 11 10:30 AM 25-18152-TBM Thomas Alan Roberts and Boonmee Roberts Ch 13 Trustee: Kiel Vacated - Confirmed Moving: Matt McCune Opposing: P. Matthew Cox Douglas B. Kiel Matter: In-Person or Telephonic Confirmation Hearing on Debtors' Amended Chapter 13 Plan. Objections to Confirmation filed by Chapter 13 Trustee Kiel and Ally Bank. 10:30 AM 25-17294-TBM Kristin Hannon Stone and Daryl Ray Stone Ch 13 Trustee: Goodman Vacated - Confirmed Moving: David M. Serafin Opposing: Adam M Goodman Matter: In-Person or Telephonic Confirmation Hearing on Debtor's Amended Chapter 13 Plan. Objection to Confirmation filed by Chapter 13 Trustee Goodman. 10:30 AM 25-18454-TBM Christopher Ray Banks and Zoya Banks Ch 13 Trustee: Goodman Vacated - Confirmed Moving: Clark Dray Opposing: Adam M Goodman Matter: In-Person or Telephonic Confirmation Hearing on Debtors' Amended Chapter 13 Plan. Objection to Confirmation filed by Chapter 13 Trustee Goodman. 10:30 AM 25-17205-TBM Randall Duane Briggs Ch 13 Trustee: Kiel Vacated - Confirmed Moving: Matthew Berkus Opposing: Douglas B. Kiel Matter: In-Person or Telephonic Confirmation Hearing on Debtor's Amended Chapter 13 Plan. Objection to Confirmation filed by Chapter 13 Trustee Kiel. Current as of 06/5/2026 at 2:17 PM Printed for Wednesday, June 10, 2026 † indicates associated main case data Page 3 of 11 10:30 AM 25-16696-TBM Carolyn Tracey De Temple Ch 13 Trustee: Goodman Vacated - Confirmed Moving: Michael J. Watton Thomas A Arany Opposing: Adam M Goodman Matter: In-Person or Telephonic Confirmation Hearing on Debtor's Amended Chapter 13 Plan. 10:30 AM 26-10706-TBM Charleene Jenee Gandora Ch 13 Trustee: Goodman Vacated - Confirmed Moving: Michael J. Watton Thomas A Arany Opposing: Adam M Goodman Matter: In-Person or Telephonic Confirmation Hearing. Objection to Confirmation filed by Chapter 13 Trustee Goodman. 10:30 AM 26-11118-TBM Michael Karper and Debra Karper Ch 13 Trustee: Kiel Vacated - Confirmed Moving: Jesse Sweeney Opposing: Douglas B. Kiel Matter: In-Person or Telephonic Confirmation Hearing on Debtor's Amended Chapter 13 Plan. 10:30 AM 26-11671-TBM Shawn Christopher Hubbard Ch 13 Trustee: Goodman Vacated - Dismissed Moving: Shawn Christopher Hubbard Opposing: Adam M Goodman Matter: In-Person or Telephonic Confirmation Hearing on Debtor's Amended Chapter 13 Plan. Objection to Confirmation filed by Chapter 13 Trustee Goodman. 10:30 AM 26-12582-TBM Frank Alfred Medina, Jr. Ch 13 Trustee: Kiel Vacated - Dismissed Moving: Frank Alfred Medina, Jr. Matter: Confirmation Hearing Current as of 06/5/2026 at 2:17 PM Printed for Wednesday, June 10, 2026 † indicates associated main case data Page 4 of 11 10:30 AM 26-10059-TBM Gerald Paul Trujillo Ch 13 Trustee: Kiel Vacated - Rescheduled Moving: Anthony Ralston Cross Opposing: Abbey Ulsh Dreher Douglas B. Kiel Matter: In-Person or Telephonic Confirmation Hearing on Debtor's Amended Chapter 13 Plan. Objections to Confirmation filed by Chapter 13 Trustee Kiel and Mortgage Solutions of Colorado, LLC Comment: Reset for 07/22/2026 at 10:30 AM 10:30 AM 26-10034-TBM Andrey Iossiv Todorov Ch 13 Trustee: Kiel Vacated - Rescheduled Moving: Jesse Aschenberg Opposing: Douglas B. Kiel Matter: In-Person or Telephonic Confirmation Hearing on Debtor's Amended Chapter 13 Plan. Objection to Confirmation filed by Chapter 13 Trustee Kiel. Comment: Reset for 06/24/2026 at 10:30 AM 10:30 AM 26-10478-TBM Kerry Ann Kelley Ch 13 Trustee: Kiel Vacated - Rescheduled Moving: Tara Gaschler Salinas Opposing: Douglas B. Kiel Matter: In-Person or Telephonic Confirmation Hearing. Objection to Confirmation filed by Chapter 13 Trustee Kiel. Comment: Reset for 08/05/2026 at 10:30 AM 10:30 AM 26-12259-TBM Michael Timothy Lung Ch 13 Trustee: Goodman Vacated - Rescheduled Moving: Matt McCune Opposing: Ilene Dell'Acqua Adam M Goodman Matter: In-Person or Telephonic Confirmation Hearing. Objections to Confirmation filed by Chapter 13 Trustee Goodman and Selene Finance, LP. Comment: Reset for 08/05/2026 at 10:30 AM Current as of 06/5/2026 at 2:17 PM Printed for Wednesday, June 10, 2026 † indicates associated main case data Page 5 of 11 10:30 AM 26-12816-TBM Justin Derrick Homan Ch 13 Trustee: Kiel Vacated - Rescheduled Moving: C. Todd Morse Opposing: Holly R. Shilliday Douglas B. Kiel Matter: Comment: In-Person or Telephonic Confirmation Hearing. Objections to Confirmation filed by Chapter 13 Trustee Kiel and Planet Home Lending, LLC Reset for 08/05/2026 at 10:30 AM 10:30 AM 26-12662-TBM Taylor M Stephens Ch 13 Trustee: Goodman Vacated - Rescheduled Moving: David M. Serafin Opposing: Alison L Berry Adam M Goodman Matter: In-Person or Telephonic Confirmation Hearing. Objection(s) to Confirmation filed by Chapter 13 Trustee Goodman and JPMorgan Chase Bank, N.A. Comment: Reset for 08/05/2026 at 10:30 AM 10:30 AM 26-12506-TBM Benjamin Richard Wetherbee Ch 13 Trustee: Kiel Vacated - Rescheduled Moving: Peter Mullison Opposing: Douglas B. Kiel Matter: In-Person or Telephonic Confirmation Hearing. Objection to Confirmation filed by Chapter 13 Trustee Kiel. Comment: Reset for 07/22/2026 at 10:30 AM 10:30 AM 26-11228-TBM Quentin Dale Yost and Kimberly Noelle Yost Ch 13 Trustee: Goodman Vacated - Rescheduled Moving: Steven W. Holland Opposing: Adam M Goodman Matter: In-Person or Telephonic Confirmation Hearing. Objection to Confirmation filed by Chapter 13 Trustee Goodman. Comment: Reset for 07/08/2026 at 10:30 AM Current as of 06/5/2026 at 2:17 PM Printed for Wednesday, June 10, 2026 † indicates associated main case data Page 6 of 11 10:30 AM 26-11134-TBM Stephen J. Suranowitz and Marissa Grajeda-Suranowitz Ch 13 Trustee: Kiel Vacated - Rescheduled Moving: Robert S. Sutton Opposing: Douglas B. Kiel Matter: In-Person or Telephonic Confirmation Hearing on Debtor's Amended Chapter 13 Plan. Objection to Confirmation filed by Chapter 13 Trustee Kiel. Comment: Reset for 07/22/2026 at 10:30 AM 10:30 AM 26-12367-TBM Wesley Mark Fredrickson Ch 13 Trustee: Goodman Vacated - Rescheduled Moving: Nicholas Craig Horvath Opposing: Adam M Goodman Matter: In-Person or Telephonic Confirmation Hearing. Objection to Confirmation filed by Chapter 13 Trustee Goodman. Comment: Reset for 08/05/2026 at 10:30 AM 10:30 AM 25-18287-TBM Anita M Monzon Ch 13 Trustee: Kiel Vacated - Rescheduled Moving: Michael J. Watton Thomas A Arany Opposing: Douglas B. Kiel Matter: In-Person or Telephonic Confirmation Hearing. Objection to Confirmation filed by Chapter 13 Trustee Kiel. Comment: Reset for 07/08/2026 at 10:30 AM 10:30 AM 26-10553-TBM Isaiah Wade Dixon Ch 13 Trustee: Goodman Vacated - Rescheduled Moving: Michael J. Watton Thomas A Arany Opposing: P. Matthew Cox Adam M Goodman Matter: In-Person or Telephonic Confirmation Hearing. Objection to Confirmation filed by Chapter 13 Trustee Goodman and Ally Bank. Comment: Reset for 06/24/2026 at 10:30 AM Current as of 06/5/2026 at 2:17 PM Printed for Wednesday, June 10, 2026 † indicates associated main case data Page 7 of 11 10:30 AM 26-10660-TBM April H Bass and Jason L Bass Ch 13 Trustee: Kiel Vacated - Rescheduled Moving: Michael J. Watton Thomas A Arany Opposing: Douglas B. Kiel Matter: In-Person or Telephonic Confirmation Hearing on Debtor's Amended Chapter 13 Plan. Objection to Confirmation filed by Chapter 13 Trustee Kiel. Comment: Reset for 06/24/2026 at 10:30 AM 10:30 AM 26-10729-TBM Eric Jacob Polet Ch 13 Trustee: Goodman Vacated - Rescheduled Moving: Michael J. Watton Thomas A Arany Opposing: N. April Winecki Adam M Goodman Matter: Comment: In-Person or Telephonic Confirmation Hearing. Objection to Confirmation filed by Chapter 13 Trustee Goodman and PHH Asset Services, LLC. Reset for 08/05/2026 at 10:30 AM 10:30 AM 26-11252-TBM Cory Lynn Krist Ch 13 Trustee: Goodman Vacated - Rescheduled Moving: Michael J. Watton Thomas A Arany Opposing: Adam M Goodman Matter: In-Person or Telephonic Confirmation Hearing. Objection to Confirmation filed by Chapter 13 Trustee Goodman. Comment: Reset for 07/08/2026 at 10:30 AM Current as of 06/5/2026 at 2:17 PM Printed for Wednesday, June 10, 2026 † indicates associated main case data Page 8 of 11 10:30 AM 26-12752-TBM Nicole Elizabeth Sanchez Ch 13 Trustee: Kiel Vacated - Rescheduled Moving: Michael J. Watton Thomas A Arany Opposing: Douglas B. Kiel Matter: In-Person or Telephonic Confirmation Hearing. Objection to Confirmation filed by Chapter 13 Trustee Kiel. Comment: Reset for 09/02/2026 at 10:30 AM 10:30 AM 26-10046-TBM Corbin E. Dunfee and Kimberly K. Tykodi Ch 13 Trustee: Goodman Vacated - Rescheduled Moving: Jesse Sweeney Opposing: N. April Winecki Adam M Goodman Matter: In-Person or Telephonic Confirmation Hearing. Objections to Confirmation filed by Chapter 13 Trustee Goodman and Colorado Housing and Finance Authority. Comment: Reset for 07/08/2026 at 10:30 AM 10:30 AM 26-10801-TBM Brent T. Galloway and Danielle Galloway Ch 13 Trustee: Goodman Vacated - Rescheduled Moving: Jesse Sweeney Opposing: Susana Elizabeth Lykins Adam M Goodman Matter: Comment: In-Person or Telephonic Confirmation Hearing. Objection to Confirmation filed by Chapter 13 Trustee Goodman and Sailfish Servicing, LLC. Reset for 07/08/2026 at 09:00 AM 10:30 AM 26-10937-TBM Eric Thayer Ch 13 Trustee: Goodman Vacated - Rescheduled Moving: Jesse Sweeney Opposing: Adam M Goodman Matter: In-Person or Telephonic Confirmation Hearing. Objection to Confirmation filed by Chapter 13 Trustee Goodman. Comment: Reset for 07/08/2026 at 10:30 AM Current as of 06/5/2026 at 2:17 PM Printed for Wednesday, June 10, 2026 † indicates associated main case data Page 9 of 11 10:30 AM 26-11193-TBM Ryan Holmes Ch 13 Trustee: Kiel Vacated - Rescheduled Moving: Jesse Sweeney Matter: Confirmation Hearing Comment: Reset for 07/08/2026 at 10:30 AM 10:30 AM 26-12809-TBM Lorenzo Dunsal Garcia, Jr. Ch 13 Trustee: Kiel Vacated - Rescheduled Moving: Matthew Hansen Opposing: Douglas B. Kiel Matter: In-Person or Telephonic Confirmation Hearing. Objection to Confirmation filed by Chapter 13 Trustee Kiel. Comment: Reset for 08/05/2026 at 10:30 AM 10:30 AM 26-12559-TBM Jonathan Henry Collins and Delyce Yevette Collins Ch 13 Trustee: Kiel Vacated - Rescheduled Moving: Robert A Stevens Opposing: Douglas B. Kiel Matter: In-Person or Telephonic Confirmation Hearing. Objection to Confirmation filed by Chapter 13 Trustee Kiel. Comment: Reset for 08/19/2026 at 10:30 AM 01:30 PM 01:30 PM 26-10108-TBM Spencer Dean Dusebout Ch 11 Trustee: Dennis Moving: Jonathan Dickey Opposing: Mark David Dennis Paul Moss Deanna L. Westfall Andrew Soler Matter:(cid:3) (cid:87)(cid:75)(cid:72)(cid:3)(cid:39)(cid:72)(cid:69)(cid:87)(cid:82)(cid:85)(cid:17) I(cid:81)(cid:16)(cid:51)(cid:72)(cid:85)(cid:86)(cid:82)(cid:81)(cid:3)(cid:43)(cid:72)(cid:68)(cid:85)(cid:76)(cid:81)(cid:74)(cid:3)(cid:54)(cid:87)(cid:68)(cid:87)(cid:88)(cid:86)(cid:3)(cid:38)(cid:82)(cid:81)(cid:73)(cid:72)(cid:85)(cid:72)(cid:81)(cid:70)(cid:72)(cid:3)(cid:82)(cid:81)(cid:3)(cid:38)(cid:82)(cid:81)(cid:73)(cid:76)(cid:85)(cid:80)(cid:68)(cid:87)(cid:76)(cid:82)(cid:81)(cid:3)(cid:82)(cid:73)(cid:3)(cid:54)(cid:88)(cid:69)(cid:70)(cid:75)(cid:68)(cid:83)(cid:87)(cid:72)(cid:85)(cid:3)(cid:57)(cid:3)(cid:51)(cid:79)(cid:68)(cid:81)(cid:3)(cid:82)(cid:73)(cid:3)(cid:53)(cid:72)(cid:82)(cid:85)(cid:74)(cid:68)(cid:81)(cid:76)(cid:93)(cid:68)(cid:87)(cid:76)(cid:82)(cid:81)(cid:3)(cid:73)(cid:76)(cid:79)(cid:72)(cid:71)(cid:3)(cid:69)(cid:92)(cid:3)(cid:3) Current as of 06/5/2026 at 2:17 PM Printed for Wednesday, June 10, 2026 † indicates associated main case data Page 10 of 11 03:00 PM 25-17336-TBM Constant Care of Colorado Springs, Inc Ch 11 Trustee: Dickey, Trustee Vacated from the calendar Moving: Aaron J. Conrardy Matter: In-Person Hearing on Confirmation of Sub-Chapter V Plan of Reorganization filed by the Debtor 10:30 PM 25-18454-TBM Christopher Ray Banks and Zoya Banks Ch 13 Trustee: Goodman Vacated - Rescheduled Clark Dray Moving: Opposing: Adam M Goodman Matter: In-Person or Telephonic Confirmation Hearing on Debtors' Amended Chapter 13 Plan. Objection to Confirmation filed by Chapter 13 Trustee Goodman. Comment: Reset for 06/10/2026 at 10:30 AM Current as of 06/5/2026 at 2:17 PM Printed for Wednesday, June 10, 2026 † indicates associated main case data Page 11 of 11 (cid:56)(cid:17)(cid:54)(cid:17)(cid:3)(cid:37)(cid:36)(cid:49)(cid:46)(cid:53)(cid:56)(cid:51)(cid:55)(cid:38)(cid:60)(cid:3)(cid:38)(cid:50)(cid:56)(cid:53)(cid:55) (cid:41)(cid:50)(cid:53)(cid:3)(cid:55)(cid:43)(cid:40)(cid:3)(cid:39)(cid:44)(cid:54)(cid:55)(cid:53)(cid:44)(cid:38)(cid:55)(cid:3)(cid:50)(cid:41)(cid:3)(cid:38)(cid:50)(cid:47)(cid:50)(cid:53)(cid:36)(cid:39)(cid:50) (cid:43)(cid:82)(cid:81)(cid:82)(cid:85)(cid:68)(cid:69)(cid:79)(cid:72)(cid:3)(cid:55)(cid:75)(cid:82)(cid:80)(cid:68)(cid:86)(cid:3)(cid:37)(cid:17)(cid:3)(cid:48)(cid:70)(cid:49)(cid:68)(cid:80)(cid:68)(cid:85)(cid:68) (cid:55)(cid:75)(cid:88)(cid:85)(cid:86)(cid:71)(cid:68)(cid:92)(cid:15)(cid:3)(cid:45)(cid:88)(cid:81)(cid:72)(cid:3)(cid:20)(cid:20)(cid:15)(cid:3)(cid:21)(cid:19)(cid:21)(cid:25) Current as of 06/5/2026 at 2:17 PM U.S. Custom House 721 19th St. Courtroom E Denver, CO 80202 Courtroom E 09:00 AM 09:00 AM 26-13525-TBM Verlon White Ch 13 Trustee: Kiel Geoffrey H. Atzbach Moving: Matter: In-Person Hearing on Motion to Extend Automatic Stay filed by Debtor 09:00 AM 25-17873-TBM Choice Electric, LLC Ch 11 Moving: Brenton L. Gragg Opposing: Kelsey Jamie Buechler Matter: In-Person Preliminary Hearing on Motion for Relief from Stay filed by Choice Electric, LLC and the Response thereto filed by Choice Electric Corporation (Docket Nos. 187 and 211). 10:30 AM 25-01078-TBM Conrardy v. Endeavor Advisory Group, LLC †Ch 11 23-10617-TBM Uptown 240 LLC Vacated from the calendar Moving: Theodore J. Hartl Opposing: Amy Elizabeth Vulpio Matter: In-Person or Telephonic Final Pre-Trial Conference 10:30 AM 26-01076-TBM Wadsworth v. Santander Consumer USA Inc. †Ch 7 25-18476-TBM Mohamed Zaki Jalfi Vacated from the calendar Moving: Jonathan Dickey Opposing: Douglas D. Koktavy Matter: In-Person or Telephonic Pre-Trial Scheduling Conference Current as of 06/5/2026 at 2:17 PM Printed for Thursday, June 11, 2026 † indicates associated main case data Page 1 of 2 01:30 PM 25-16138-TBM Stateline Holdings LLC Ch 11 Vacated from the calendar Moving: Aaron A Garber Matter: In-Person Hearing on Adequacy of Amended Disclosure Statement filed by the Debtor 03:00 PM 03:00 PM 26-12854-TBM CBCG Enterprises, Inc. Ch 11 Trustee: Dickey, Trustee Moving: Kelsey Jamie Buechler Opposing: Jonathan M Dickey, Trustee Paul Moss Matter: In-Person Status Conference Pursuant to 11 U.S.C. § 1188 Current as of 06/5/2026 at 2:17 PM Printed for Thursday, June 11, 2026 † indicates associated main case data Page 2 of 2 (cid:56)(cid:17)(cid:54)(cid:17)(cid:3)(cid:37)(cid:36)(cid:49)(cid:46)(cid:53)(cid:56)(cid:51)(cid:55)(cid:38)(cid:60)(cid:3)(cid:38)(cid:50)(cid:56)(cid:53)(cid:55) (cid:41)(cid:50)(cid:53)(cid:3)(cid:55)(cid:43)(cid:40)(cid:3)(cid:39)(cid:44)(cid:54)(cid:55)(cid:53)(cid:44)(cid:38)(cid:55)(cid:3)(cid:50)(cid:41)(cid:3)(cid:38)(cid:50)(cid:47)(cid:50)(cid:53)(cid:36)(cid:39)(cid:50) (cid:43)(cid:82)(cid:81)(cid:82)(cid:85)(cid:68)(cid:69)(cid:79)(cid:72)(cid:3)(cid:55)(cid:75)(cid:82)(cid:80)(cid:68)(cid:86)(cid:3)(cid:37)(cid:17)(cid:3)(cid:48)(cid:70)(cid:49)(cid:68)(cid:80)(cid:68)(cid:85)(cid:68) (cid:41)(cid:85)(cid:76)(cid:71)(cid:68)(cid:92)(cid:15)(cid:3)(cid:45)(cid:88)(cid:81)(cid:72)(cid:3)(cid:20)(cid:21)(cid:15)(cid:3)(cid:21)(cid:19)(cid:21)(cid:25) Current as of 06/5/2026 at 2:17 PM Courtroom E 09:00 AM 09:00 AM 25-17910-TBM Abry N. Garfoot and Kristen S Garfoot Ch 11 Trustee: Dennis Moving: Benjamin Sales Opposing: Jonathan Dickey U.S. Custom House 721 19th St. Courtroom E Denver, CO 80202 Matter: In-Person Evidentiary Hearing on "Objection to Debtors' Designation as Debtors Under 11 U.S.C. § 1182 and Election to Proceed Under Subchapter V" (Docket No. 49) filed by the United State Trustee and the Response thereto (Docket No. 57), filed by Abry and Kristen Garfoot 09:00 AM 24-14869-TBM Melpo Belegratis Ch 13 Trustee: Kiel Vacated from the calendar Moving: Stephen E. Berken Opposing: Douglas B. Kiel Arthur Lindquist-Kleissler David William Heckenbach, I Matter: In-Person Evidentiary Hearing on Confirmation of Amended Chapter 13 Plan filed by Melpo Belegratis Current as of 06/5/2026 at 2:17 PM Printed for Friday, June 12, 2026 † indicates associated main case data Page 1 of 1

=== Importance of Complying with Bankruptcy Code and Rules ===

Importance of Complying with Bankruptcy Code and Rules The Court expects and requires compliance with the requirements of the United States Bankruptcy Code (11 U.S.C. § 101 et seq.), the Federal Rules of Bankruptcy Procedure, the Federal Rules of Civil Procedure (as applicable), and the Local Bankruptcy Rules from all counsel, debtors, creditors, and other parties (including pro se litigants). These Chambers Procedures are provided only to advise counsel, debtors, creditors, and other parties (including pro se litigants) of this Court’s specific requirements, which supplement the United States Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, the Federal Rules of Civil Procedure (as applicable), and the Local Bankruptcy Rules. The Court cautions that failure to comply with the applicable statutes, rules, procedures, and Court orders, may result in adverse consequences.

=== Presentation of Evidence ===

Procedures for Presentation of Evidence at Trial or Evidentiary Hearings •     Consistent with L.B.R. 9070-1, on the date of the trial or evidentiary hearing, each party shall provide three (3) copies of all exhibits to the Law Clerk or Courtroom Deputy. Two (2) copies are for the Court and one (1) copy is for the witness. The original exhibits are to be used by the witness. Consistent with L.B.R. 9070-1, exhibits tendered to the Court shall be in three ring binders and be individually tabbed with the appropriate exhibit letter/number. Tabs must extend past the side of the paper. Multi-page exhibits must be individually page-numbered. The binder must include a List of Witnesses and Exhibits conforming with L.B.R. 9070-1 and L.B. Form 9070-1.1. Consistent with Local Bankruptcy Rule 9070-1(e)(3), at the conclusion of the hearing or trial, the parties are required, to retain custody of their respective original exhibits. In the event an appeal is filed, counsel must provide their exhibits pursuant to the appellate court’s direction. The Court will not receive evidence by telephone or declaration, nor will it permit parties to appear by telephone at trials or evidentiary hearings, except in extraordinary circumstances approved well in advance of the hearing. The Court has a full range of technology available in the courtroom for evidence presentation. Counsel is referred to the Courtroom Technology Procedure found under the Courtroom Procedures Tab.

=== Telephonic Appearances ===

Telephonic Appearances and Connection Procedures • Preference for Appearances In Person. The Court prefers for counsel and pro se parties to appear in person in Court for all scheduled hearings. Participation in person may facilitate better communication with the Court and promote substantive dialogue between opposing counsel and parties. Such communication in person between opposing counsel and parties often leads to the resolution or narrowing of disputed issues. Notwithstanding, the Court recognizes that telephonic participation may be appropriate in certain routine, non-evidentiary hearings and conferences in order to avoid additional fees and costs. Accordingly, as set forth below, the Court will permit telephonic participation in certain routine, non-evidentiary hearings and conferences. But even if telephonic participation is authorized, counsel and pro se parties always may appear in person. If telephonic participation is authorized, please be aware that telephonic hearings are conducted in open Court and all proceedings are recorded. • Presumptive Authorized Telephonic Appearances. The Court presumptively permits counsel and parties (including pro se parties) to appear by telephone only at the following type of hearings and conferences: • • • • • • Non-evidentiary hearings on contested motions; Status and scheduling conferences on contested motions; Scheduling conferences, pretrial conferences, and final pretrial conferences conducted under Fed. R. Civ. P. 16 and Fed. R. Bankr. P. 7016 in adversary proceedings; Reaffirmation agreement hearings under 11 U.S.C. § 524; Non-evidentiary Chapter 13 confirmation hearings under 11 U.S.C. § 1324; provided however, that counsel may appear by telephone only if the required Confirmation Status Report is timely filed under L.B.R. 3015-1, or if a phone appearance is indicated in the minutes of proceeding, minute order, Court order, or notice setting the hearing. Other types of hearings and conferences in which the minutes of proceeding, minute order, Court order, or notice specify that telephonic participation is authorized. • Presumptive Appearances In Person. • • • • Trials and Evidentiary Hearings. For trials and evidentiary hearings, the Court presumptively requires (absent extraordinary circumstances presented by motion in advance) that all counsel (and pro se parties), as well as all witnesses, appear in person. The Court generally does not accept evidence telephonically. Evidentiary Proffers. For preliminary hearings at which an evidentiary proffer is required or anticipated (including hearings on motions for relief from stay under 11 U.S.C. § 362(d) and L.B.R. 4001-1 and motions to dismiss or convert under 11 U.S.C. § 1112 and L.B.R. 2081-3), the Court presumptively requires (absent extraordinary circumstances presented by motion in advance) that all counsel (and pro se parties) appear in person to present evidentiary proffers. Witnesses are not required to attend hearings in which only evidentiary proffers will be made. The Court generally does not accept evidence telephonically. Motions for Telephonic Participation. If telephonic participation is not presumptively authorized, counsel (or pro se parties), may file a motion requesting authorization to appear telephonically or present a witness telephonically. Any such motion must be filed well in advance of the trial or hearing date and must explain the extraordinary circumstances warranting telephonic participation. Telephonic participation is not authorized unless the Court approves such motion. Procedure for Telephone Connection. If telephonic participation is authorized, it is the responsibility of counsel and pro se parties to initiate any connection to the Court’s telephone conference system. Failure to contact the Court and to connect to a hearing or conference in a timely manner, prior to the scheduled time, may preclude counsel or pro se parties from participation in a hearing or a status and scheduling conference. If telephonic participation is authorized, please access the Courtroom conference bridge by dialing 1-833-568-8864 or 1-833-435-1820. The Meeting ID is 160 248 1883 followed by #. The Court strongly recommends use of a land line if appearing by telephone. Please stay on the line until the Court operator takes the roll call and the hearing or conference begins. Please note that being allowed to appear telephonically at a hearing is a privilege which will be not be granted or continued unless the Court can obtain an accurate record. In order to allow the Court to make a proper electronic recording of its proceedings when parties appear telephonically, those appearing by telephone are advised that they cannot use speaker phones, as speakerphones cause feedback on the Court’s recording system. Those appearing telephonically must eliminate all excessive noise (including, but not limited to typing, background conversations, crying babies, barking dogs, traffic, wind, music, etc.). Cellular telephones are discouraged since they are more susceptible to background noise and clarity issues. Participants who fail to follow the foregoing telephone procedures risk being disconnected and excluded from the hearing or conference.

=== Vacating Hearings or Trials ===

Vacating Hearings or Trials The Court appreciates being notified in advance of settlements that may affect the Court’s preparation for a hearing or trial. When a settlement is reached and the parties have agreed that the hearing or trial need not go forward, the parties shall promptly call the Court’s Chambers Staff to advise of such development. However, before the Court will vacate a hearing, one of the following must occur: 1. 2. The parties must file a motion to vacate the hearing or trial no later than 12:00 p.m. on the day prior to the scheduled hearing or trial. If the motion to vacate is predicated upon the parties’ having reached an agreement or stipulation, then the motion should include not only a request to vacate, but also a request to approve the stipulation or agreement. Such motions must also be accompanied by an appropriate proposed order pursuant to L.B.R. 9013-1(a)(1)(C). If the parties do not file a motion to vacate in advance of the hearing or trial, the hearing or trial may be vacated upon the appearance, in person or via telephone, by both of the parties, at which time one party shall read the pertinent portions of the agreement into the record.

=== Court Filings Exceeding 100 Pages ===

Court Filings Exceeding 100 pages Filings, including exhibits, exceeding 100 pages in the aggregate, must be delivered promptly to Chambers in paper form. Exhibits shall be marked and tabbed. Parties may contact the Courtroom Deputy to coordinate delivery of the Court copy.

=== Motions for Summary Judgment and Dispositive Motions ===

Motions for Summary Judgment and Dipositive Motions In an effort to secure the just, speedy and inexpensive determination of every adversary proceeding, this Court enforces strict compliance with L.B.R. 7056-1 which governs summary judgment motions. All parties are advised to review L.B.R. 7056-1 prior to filing or responding to a motion for summary judgment. Failure to comply with L.B.R. 7056-1 may result in a denial of a motion for summary judgment. If the parties determine to file a motion for summary judgment or other dispositive motion, the Court encourages that such motions should be filed sufficiently in advance of the trial date so that the Court will have sufficient time to consider and rule on the motions before trial.

=== Scheduling Conference ===

Scheduling Conference The Scheduling Conference will be conducted pursuant to Fed. R. Civ. P. 16 and Fed. R. Bankr. P. 7016. At the Scheduling Conference, the parties shall be prepared to discuss all aspects of the Adversary Proceeding and the Joint Report including, among other things: a. b. c. d. e. f. g. h. i. j. k. formulating and simplifying the issues, and eliminating frivolous claims and defenses; amending the pleadings if necessary or desirable; obtaining admissions and stipulations about facts; avoiding unnecessary proof and cumulative evidence; determining the appropriateness and timing of summary adjudication under Fed. R. Civ. P. 56; controlling and scheduling discovery; identifying witnesses and documents, scheduling the filing and exchange of any pretrial briefs, and setting dates for further conferences and for trial; settlement and using special procedures for managing potentially difficult or complex issues; disposing of pending motions; finalizing the content of the Scheduling Order; and facilitating in other ways the just, speedy, and inexpensive disposition of the case. Counsel and the parties should also bring their calendars and be prepared to advise the Court as to the preferred dates for further pre-trial conferences and the trial. Typically, a trial date will be set at the Scheduling Conference along with all other case deadlines. After the Scheduling Conference, the Court will issue a “Scheduling Order Under Fed. R. Civ. P. 16(b) and Fed. R. Bankr. P. 7016.”

=== Initial Pretrial Scheduling Conference Order and Joint Report ===

Initial Pretrial Scheduling Conference Order and Joint Report After the filing of an Answer or other response to the Complaint, the Court will enter an “Order Setting Pretrial Scheduling Conference” (the “Pretrial Scheduling Conference Order”) pursuant to Fed. R. Civ. P. 16 as incorporated by Fed. R. Bankr. P. 7016. The Pretrial Scheduling Conference Order will set a Scheduling Conference approximately 5-6 weeks from the date the answer is filed and also will set additional deadlines for the parties to meet and confer under Fed. R. Civ. P. 26(f) as incorporated by Fed. R. Bankr. P. 7026. The Pretrial Scheduling Conference Order also will require the parties to submit a “Joint Report” in advance of the Scheduling Conference. The form of the Joint Report will be attached to the Pretrial Scheduling Conference Order but also is available under the Forms Tab. The Joint Report is critical to the adversary process and serves as the basis for the Scheduling Conference.

=== Consumer Practice Pointers ===

[Warning: The following General Practice Tips for Consumer Attorneys was prepared in January, 2017, and references many Local Bankruptcy Rules in effect at that time. Subsequently, effective December 1, 2017, the Local Bankruptcy Rules were substantially modified and some procedures changed. Thus, counsel and pro se litigants must carefully consider the current Local Bankruptcy Rules.] ABI Rocky Mountain Conference Consumer Workshop III: General Practice Tips for Consumer Attorneys United States Bankruptcy Judge Thomas B. McNamara ABI Rocky Mountain Conference January 2017 I. General Guidance. The Court appreciates and commends both the professionalism and high quality practice demonstrated by most Colorado consumer bankruptcy lawyers who appear before the Court. Further, the Court recognizes some of the unique challenges faced by consumer bankruptcy counsel, including time and cost pressures, difficulties in contacting and communicating with clients, and the complexity of consumer bankruptcy cases. The Court offers these Practice Tips, not as criticism, but rather as constructive suggestions to encourage a high level of practice which will benefit debtors and other parties in interest. Practitioners should be aware that each Colorado Bankruptcy Judge carries an active load of over 4,000 – 5,000 consumer bankruptcy cases. Accordingly, attention to the Practice Tips also will assist the Court in efficiently and economically advancing consumer cases. The proffered Practice Tips are specific to consumer bankruptcy cases. However, counsel would be well-advised to follow the more universal attorney norms such as: be professional; be courteous; be prepared; be timely (for Court and filings); be honest; be a strong advocate; and be a lawyer with integrity. If a lawyer follows such common-sense maxims, then that lawyer will develop a strong and positive reputation in the eyes of the Court, its staff, and professional colleagues. II. Consumer Case Filing: Petition and Required Documents. Section 521(a)(1) requires, unless the Court orders otherwise, that the debtor file: (1) a list of creditors; (2) a schedule of assets and liabilities; (3) a schedule of current income and current expenditures; (4) a statement of financial affairs; (5) payments advices received within 60 days before the petition date; and (6) other information. Under Section 521(i), all of the foregoing information must be filed no later than 45 days after the petition date. Section 521(i) further provides that if the Section 521(a)(1) information is not timely filed, “the case shall be automatically dismissed effective on the 46th day after the date of filing of the petition.” 1 Section 521(e)(2)(A) requires that the debtor provide the trustee with a copy of the debtor’s most recent Federal income tax return “not later than 7 days” before the Section 341 meeting of creditors. Under Section 521(e)(2)(B), if the debtor fails to meet the deadline, “the court shall dismiss the case unless the debtor demonstrates that the failure to so comply is due to circumstances beyond the control of the debtor.” Dismissal for failure to comply with the requirements of 11 U.S.C. § 521(a) is not discretionary with the Court and is not subject to reconsideration. In re Daniel, 407 B.R. 443, *2 (10th Cir. BAP Feb. 17, 2009) (unpublished opin.). The Bankruptcy Code is replete with numerous other strict deadlines. Practice Pointer 1: Initial Documents. The filing deadlines are strict. Some of the deadlines require automatic dismissal for failure to comply. Both the debtor and counsel should be extremely diligent (and double-check) to ensure compliance with all applicable deadlines. The Court frequently is presented with after-the-fact justifications for failure to comply with initial case filing requirements (such as, debtor’s counsel “made a mistake” or “mis-calendared the deadline”). For the most part, failure to comply with initial case filing requirements will result in dismissal. And, the Court has little or no discretion to change the result. III. Consumer Case Motions Practice for Chapter 7 and Chapter 13. A. General Motions Practice. Motions in Colorado consumer bankruptcy cases come in all shapes and sizes. Many are fairly routine and most are not contested. Following the Practice Tips and complying with the Local Bankruptcy Rules will assist the Court in promptly adjudicating all types motions filed in consumer bankruptcy cases. Practice Pointer 2: Citations to Authority. Fed. R. Bankr. P. 9013 requires that all motions “shall state with particularity the grounds therefor . . .” But many motions do not provide any citation to legal support. As a consequence, the Court struggles to ascertain the basis for such motions. At a minimum, counsel always should make reference to the applicable supporting law including specific sections of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, the Federal Rules of Civil Procedure and/or the Local Rules of Bankruptcy Procedure. Case law citations also are encouraged strongly. The Court tries to review all cited precedent before any decision or hearing. 2 Practice Pointer 3: Relief Requested and Order. Fed. R. Bankr. P. 9013 requires that all motions “set forth the relief or order sought.” Practitioners should be specific in what they want and always include a proposed form of order that is consistent with the relief requested in the body of the motion. Practice Pointer 4: Facts and Evidence. If the motion requires the Court to make findings of fact or to assess evidence, the motion should include a statement of facts and evidence. Evidence may be provided along with the motion through an affidavit or appropriate verification. Practice Pointer 5: Non-Prosecution of Motion. Sometimes a motion is filed and set for a hearing but movant’s counsel decides not to continue to prosecute the motion. If the movant does not intend to pursue the motion, counsel should promptly withdraw the motion, file a stipulation, or otherwise take appropriate action to notify the Court and adverse parties of the status. It is not appropriate for counsel simply not to show up at the scheduled hearing and assume the motion will be denied. Since both the Court and opposing counsel likely will have prepared for the motion before the scheduled hearing, movant’s counsel’s failure to prosecute, withdraw, or appear at the hearing likely will result in the Court issuing an Order to Show Cause why movant’s counsel should not be sanctioned. Practice Pointer 6: Settlement. Motions often are resolved by settlement. The Court appreciates the efforts of counsel in reaching resolution and encourages settlement. However, if a motion is settled, the parties should promptly notify the Court. A phone call to Chambers is helpful to alert the Court that the parties have reached a resolution. However, the parties should file a motion to approve settlement, a settlement stipulation, a motion to continue hearing to facilitate settlement, a status report, or take other appropriate action to formally notify the Court. Any such document filed should include a corresponding form of order. The Court understands that settlements sometimes are achieved at the “last minute” or “on the courthouse steps.” But, to the extent possible, advance notice to the Court is preferable. Practice Pointer 7: Notice. Notice and due process are key requirements for obtaining judicial relief. Counsel should always ensure (and double-check) that proper service has been provided for all motions. The Court frequently denies motions or issues 3 compliance orders because of service or notice problems. If a motion is subject to the notice procedures in Colo. L.B.R. 9013-1, counsel should ensure that descriptions of motions or requested relief in the notice are sufficiently detailed so that interested parties can read only the notice and know what the movant has requested. For example, in the context of a Section 554 motion, it is insufficient to state only that: “[t]he Debtor has filed a motion for abandonment of property.” At a minimum, the notice must advise: “The Debtor has filed a motion for the Court to order the Chapter 7 trustee to abandon the Debtor’s interest in the real property located at 1234 Park Street, Denver, Colorado, pursuant to 11 U.S.C. § 554.” Practice Pointer 8: Certificates of Contested and Non- Contested Matters. With respect to all motions governed by Colo. L.B.R. 9013-1, counsel should carefully comply with the procedural requirements. Counsel should be aware that the Court takes no action on such motions unless the appropriate certificate of contested matter or certificate of non-contested matter is filed. In general, unless a certificate of contested matter or certificate of non-contested matter is filed, the matter is not considered ripe and never reaches Chambers. Certificates should be filed no sooner than three (3) court days after the response date set forth in the notice, consistent with Colo. L.B.R. 9013-1(c). Practice Pointer 9: Certificates of Contested Matter and Request for Hearing. In the event that counsel files a Certificate of Contested Matter under Colo. L.B.R. 9013-1 and requests a hearing, the Certificate should specify in detail the nature of the hearing requested and the specific issues in dispute. Such information is key for the Court in determining how much time to allocate for an initial hearing. Practice Pointer 10: Motions for Reconsideration. As noted by the Tenth Circuit Court of Appeals, “[g]rounds warranting a motion to reconsider include (1) an intervening change in the controlling law, (2) new evidence previously unavailable, and (3) the need to correct clear error or prevent manifest injustice.” Servants of the Paraclete v. Does, 204 F.3d 1005, 1012 (10th Cir. 2000)(citation omitted). Thus, a motion for reconsideration is proper only when the court has “made a mistake not of reasoning but of apprehension . . . [or] if there has been a significant change or development in the law or facts since submission.” In re Zamora, 251 B.R. 591, 595 (D. Colo. 2000)(citing Federal Deposit Ins. Corp. v. Hildenbrand, 892 F. Supp. 1317, 1319-20 (D. 4 Colo.1995 . A motion for reconsideration is not a license for a losing party to get a “second bite at the apple.” Zamora, 251 B.R. at 595 (citing Shields v. Shetler, 120 F.R.D. 123, 126 (D. Colo.1988 . The Court grants exceptionally few motions for reconsideration. If a motion for reconsideration is pursued, counsel should ensure that the motion for reconsideration has merit and addresses the prevailing standards for reconsideration. If a party is aggrieved by a ruling, appellate remedies are available. B. Common Types of Consumer Bankruptcy Motions. 1. Section 362(c)(3) Motions for Extension of Stay. Section 362(c)(3)(A) provides that if a debtor files a consumer bankruptcy case “and if a single or joint case of the debtor was pending within the preceding 1-year period but was dismissed,” then the Section 362(a) automatic stay “with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case . . . .” While Section 362(c)(3)(A) is self-executing and the automatic stay automatically terminates on the 30th day after the petition date, there is an exception. The debtor may file a motion for continuation of the Section 362(a) automatic stay under Section 362(c)(3)(B) upon notice and a hearing. But, any hearing on the Section 362(c)(3)(B) motion must be “completed before the expiration of the 30-day period” and “only if the debtor “demonstrates that the filing of the later case is in good faith as to the creditors stayed.” Further, under Section 362(c)(3)(C) the second bankruptcy case is “presumptively filed not in good faith (but such presumption may be rebutted by clear and convincing evidence to the contrary) . . . . ” Note that the prior case must have been dismissed within the prior year. If a debtor has another pending case or a prior closed case which was not dismissed, Section 362(c)(3) does not apply. Practice Pointer 11: Timeliness. Because the Section 362(a) stay automatically terminates 30 days after the commencement of the bankruptcy case, it is imperative that any motion for continuance of the automatic stay be filed with the petition or shortly thereafter so that the Court may “complete[]” the hearing “before the expiration of the 30-day period.” Colo. L.B.R. 4001- 2(c)(3). Further, Colo. L.B.R. 4001-2(c)(1) requires a 14-day period of time to respond to such a motion. Thus, prompt filing of such a motion is critical. The Court frequently receives Section 362(c)(3) motions for continuance of the automatic stay just a few days before the expiration of the 30-day period. In such circumstances, it is impossible for the debtor to provide timely and adequate notice. And, it is impossible for the Court to act, or conduct a hearing (if necessary) within the required timeframe. 5 Thus, the Section 362(a) stay will expire and the Court will deny late motions for continuance of the automatic stay. Practice Pointer 12: Evidence. Motions for continuance of the automatic stay often are filed with inadequate and completely cursory factual allegations. Practitioners should be reminded that it is the debtor’s burden to prove good faith by “clear and convincing evidence.” Thus, best practice suggests that the debtor should submit a detailed motion for continuance of the automatic stay along with a supporting affidavit and evidence. In any event, if there is an objection, the debtor must be prepared at the initial hearing date to present clear and convincing evidence to support the debtor’s position. Otherwise, the motion for continuance of automatic stay may be denied. 2. Section 362(c)(4) Motions for the Stay to Take Effect. Section 362(c)(4)(A) provides that if a debtor files a consumer bankruptcy case “and if 2 or more single or joint cases of the debtor were pending within the previous year but were dismissed,” then the Section 362(a) automatic stay “shall not go into effect upon the filing of the later case.” While Section 362(c)(4)(A) is self-executing and the automatic stay generally does not become effective in such circumstances, there is an exception. Under Section 362(c)(4)(B), the debtor may file a motion for “the stay to take effect in the case as to any or all creditors” after notice and a hearing. For the stay to take effect, the motion must be filed no later than 30 days after the petition date. And, the debtor must “demonstrate[] that the filing of the later case is in good faith as to the creditors stayed.” Further, under Section 362(c)(4)(D) the later case is “presumptively filed not in good faith (but such presumption may be rebutted by clear and convincing evidence to the contrary) . . . .” Practice Pointer 13: Timeliness. Unlike Section 362(c)(3) which permits the Section 362(a) stay to go into effect for a period of 30 days from the filing of the petition, the Section 362(a) stay does not go into effect at all with respect to circumstances involving multiple prior cases that have been dismissed. Section 362(c)(4)(B) requires that any motion for the stay to take effect be filed “within 30 days after the filing of the later case. . . .” Colo. L.B.R. 4001-2(c)(4) parrots that requirement. However, there is no requirement that the hearing be held and completed within that 30- day period. Practitioners should be aware that the stay will not go into effect until an order enters. 11 U.S.C. § 362(c)(4)(C). Thus, the sooner a motion to have the stay take effect is filed within that 30-day period, the sooner the motion can be considered and the stay imposed, if appropriate. 6 Practice Pointer 14: Evidence. Motions for the stay to take effect often are filed with inadequate and completely cursory factual allegations. Practitioners should be reminded that it is the debtor’s burden to prove good faith by “clear and convincing evidence.” Thus, best practice suggests that the debtor should submit a detailed motion for the stay to take effect along with a supporting affidavit and evidence. In any event, if there is an objection, the debtor must be prepared at the initial hearing date to present clear and convincing evidence. Otherwise, the motion for the stay to take effect may be denied. Practice Pointer 15: Motions for Determination that the Stay is Not in Effect. Where a debtor had a single or joint case pending within the preceding 1-year period which was dismissed, and that debtor has not taken action to continue the stay within the appropriate time frame under 11 U.S.C. § 362(c)(3), the stay automatically terminates after 30 days by operation of law. With respect to a debtor who has had 2 or more single or joint cases pending within the previous year that were dismissed, the stay does not go into effect unless the debtor takes action under 11 U.S.C. § 362(c)(4). In both of these cases, creditors need not file motions for relief from stay; however, in order to expedite proceedings in state court or foreclosure proceedings, some creditors might wish to obtain a “comfort order” from the Court confirming the absence of the stay pursuant to 11 U.S.C. § 362(c)(4)(A)(ii). Notice of such motions is pursuant to Colo. L.B.R 4001-1 is not required, as they do not require notice and a hearing and can be determined as a matter of law. 3. Motions to Reinstate. Many Chapter 7 cases are dismissed for failure to timely pay Court filing fees (typically pursuant to a payment schedule). Such dismissals frequently are followed by a motion to reinstate along with an offer to pay the delinquent fees. Chapter 13 cases frequently are dismissed for failure to timely make plan payments either before or after confirmation. Typically, the Chapter 13 Trustee files a motion to dismiss. Often, the debtor and counsel fail to respond to the motion to dismiss and the Court dismisses the case. Often, such dismissals are followed by a motion to reinstate along with an offer to pay the delinquent plan payments. Debtors use motions to reinstate in an attempt to remedy other types of errors and problems. 7 Practice Pointer 16: Reinstatement. Neither the Bankruptcy Code, nor the Federal Rules of Bankruptcy Procedure specifically address “reinstatement.” Nevertheless, motions to reinstate somehow have become almost ubiquitous in Colorado. As best as the Court has been able to ascertain, motions to reinstate might be predicated on Fed. R. Civ. P. 59 or 60, as incorporated by Fed. R. Bankr. P. 9023 or 9024. However, very few motions to reinstate appear to comply with any of the procedural rules. The Court strongly discourages the seemingly routine practice of attempting to “reinstate” dismissed cases and denies most motions to reinstate. Many motions to reinstate could have been avoided by initial compliance with Court deadlines and plan terms, as well as, adequate responses to motions to dismiss. And, granting a motion to reinstate raises a myriad of thorny legal issues such as: Does the debtor need to file a new Chapter 13 plan? What happens if a creditor foreclosed on property after dismissal but before reinstatement? Does reinstatement somehow re-impose the automatic stay? Many jurisdictions simply do not allow for reinstatement in the way presented in Colorado. While strongly discouraging motions to reinstate, if a motion to reinstate is filed, it should at the very least: (a) be filed very promptly after dismissal; (b) provide the legal basis including citation to statutes, procedural rules, and case law justifying reinstatement; (c) contain a fulsome factual recitation explaining the basis for reinstatement and showing how the facts meet the legal standards; (d) state the position of the Chapter 7 or 13 Trustee; and (e) explain what, if anything, has happened since the case was dismissed (i.e., whether creditors have taken action against the debtor or the debtor’s property after dismissal). Although most motions for reinstatement are denied, be prepared to present evidence and argument in support of any motion for reinstatement. 4. Motions Served on Insured Depository Institutions. Many common consumer bankruptcy motions (such as a motion to avoid a judicial lien under 11 U.S.C. § 522(f require service of process on an insured depository institution (typically, a bank). Insured depository institutions are protected by special service provisions in Fed. R. Bankr. P. 7004(h). The Court frequently is presented with motions failing to establish proper service under Fed. R. Bankr. P. 7004(h). Such motions may be denied or a notice of non- compliance may be issued. 8 Practice Pointer 17: Special Service for Banks. Counsel should carefully comply with Fed. R. Bankr. P. 7004(h) when serving insured depository institutions. Generally, unless counsel has entered an appearance for the bank or the Court orders otherwise, service must be by “certified mail addressed to an officer of the institution.” IV. Chapter 13 Cases. Chapter 13 cases present many special issues and tend to be much more time-consuming for counsel and the Court. Furthermore, not all Divisions of the United States Bankruptcy Court for the District of Colorado follow the same case processing procedures. Accordingly, until such time as more uniformity is achieved, counsel should be aware of the differences in procedures between Chambers. Nevertheless, at least some Practice Tips should apply across all Divisions. Practice Pointer 18: Communication with Chapter 13 Trustee. The Chapter 13 Trustee plays a critical and central role in administration of all Chapter 13 cases. The Court believes that many, many issues that result in hearings (whether contested motions to dismiss or plan objections) could be resolved by more timely and fulsome communication with the Chapter 13 Trustee in advance of any hearing. Counsel are well-advised not to wait until the day of the hearing --- or even during the hearing --- to have initial communications of disputed issues. Practice Pointer 19: Multiple Amendments to Proposed Plans. Relatively few Colorado Chapter 13 initial plans reach confirmation. Instead, debtors and their counsel frequently submit amended Chapter 13 plans --- sometimes as many as 5, 6, 7 or 8 amended Chapter 13 plans. In some cases, there are real and legitimate reasons why amendments are necessary to achieve confirmation. However, in the Court’s view, many of the amendments are required only because of the lack of diligence and attention to detail in the initial plan or follow-up plans. The Court discourages repeated amendments as a matter of standard practice. Although the Court is amenable to a few amendments if the case is progressing and if the amendments resolve objections, the Court views the third or fourth amendment with a jaundiced eye. At that stage, counsel should expect to justify the need for further amendments and why the case should not be dismissed under 11 U.S.C. § 1307(c)(1). 9 Practice Pointer 20: No Objections to Plan. Colo. L.B.R. 3015- 1(f)(1) governs when no objections are timely filed to a Chapter 13 plan. If the debtor wishes to pursue confirmation of the Chapter 13 plan, counsel must file a Verification of Confirmable Plan “no later than four (4) court days prior to the original hearing on confirmation.” Many practitioners fail to timely file a Verification of Confirmable Plan. Such failure causes confusion for the Court and may lead to an order to show cause, sanctions, or delay in confirmation. Counsel are advised to timely file a Verification of Confirmable Plan if there are no objections. Practice Pointer 21: Objections to Plan. Colo. L.B.R. 3015- 1(g) governs if objections are timely filed to a Chapter 13 plan. Counsel must “meet and confer” with the objector – usually the Chapter 13 Trustee – to try and “resolve or narrow the issues.” The Court strongly encourages meaningful communications on such issues. If no resolution is possible and the debtor intends to proceed to the hearing on confirmation of the pending Chapter 13 plan (or file an amended plan in the future after the scheduled confirmation hearing), then counsel must file a Certificate and Motion to Determine Notice “no later than four (4) court days prior to the hearing on confirmation.” The Court carefully reviews all Certificates and Motions to Determine Notice the day after they are due to determine the status and how to proceed. This is debtor’s counsel’s chance to propose the path forward. Therefore, it is imperative for counsel to submit meaningful and informative Certificates and Motions to Determine Notice and to do so in a timely manner. (Unfortunately, not all counsel comply.) If counsel fails to timely submit a Certificate and Motion to Determine Notice, the Court may require counsel to appear in person, issue an order to show cause, impose sanctions, or dismiss the case. Such adverse actions can be avoided by timely submitting the Certificate and Motion to Determine Notice. Practice Pointer 22: Be Proactive and Communicate with Debtors Post-Confirmation. Confirmation is not the end of the Chapter 13 case. The Court recognizes that many events may occur during the 3 or 5-year term of a Chapter 13 plan. Some of the events (such as job loss or catastrophic injury) may negatively impact a debtor’s ability to comply with plan terms. Counsel should try to communicate with their clients to the extent feasible. If a modification of a Chapter 13 plan is necessary, it should be pursued in a timely fashion. Counsel should not wait until after a case has been dismissed to propose a modification, and should not 10 Formatted: Font: Italic fail to respond to a motion to dismiss only by means of modification (counsel should still respond to the motion to dismiss). Motions to modify should be informative and fully disclose the reasons for the modification and the impact the modification will have on each class of creditors. Motions to modify should also be accompanied by the filing of amended Schedules I and J so that the Court and parties in interest have the information necessary to assess the validity of the debtor’s reasons for the proposed modification. Practice Pointer 23: Discharge Issues. The real end of a successful Chapter 13 case is discharge. However, all Divisions of the United States Bankruptcy Court for the District of Colorado have determined that debtors cannot receive a discharge under 11 U.S.C. § 1328(a) unless they have completed all payments under their confirmed Chapter 13 plans (including “direct payments” to secured lenders detailed in plans). Debtors should be counseled concerning this requirement from the beginning of their cases and periodically thereafter. Waiting to month 59 to discover a large delinquency may be too late. V. Some Additional Thoughts from Chambers Staff. Bankruptcy Judges do not work alone. Instead, they rely extensively on very capable staff. In the United States Bankruptcy Court for the District of Colorado, each Bankruptcy Judge has a team composed of 2 experienced law clerks, a judicial assistant or courtroom deputy, and 4-5 case managers or case administrators. All parts of the team serve important functions in bankruptcy cases. Practice Pointer 24: Careful Communications. The Bankruptcy Court exists to assist debtors, creditors, other parties in interest, and their lawyers in resolving legal issues under the ambit of the Bankruptcy Code and applicable law. It is a public service organization. Although counsel may wish to communicate directly with Chambers on some issues from time to time, lawyers should be aware of that such contact may raise special ex parte communications concerns for opposing counsel. The Court and staff are sensitive that the integrity of the judicial process --- including transparency and fairness --- must be preserved. Accordingly, it is not appropriate for counsel to try to secure advantage by communications with Chambers staff. Counsel should not attempt to argue the merits of their respective positions with Chambers or Court staff. Instead, communications with Chambers personnel should be limited and focused on questions concerning such things as: scheduling; the receipt of pleadings; 11 the delivery of voluminous materials; arrangements for electronic evidence presentation; and the like. Neither Chambers staff nor the Clerk’s staff can explain or change compliance orders. If counsel does not understand an order, after carefully reviewing the order, the motion to which the order is directed and applicable rules, counsel should file a motion or response to the order within the time set be the order. Practice Pointer 25: Status of Decisions. As noted previously, each Bankruptcy Judge in the District of Colorado has more than 4,000 consumer cases. Accordingly, the Court simply cannot act on all motions instantaneously. The Court strives to adjudicate matters expeditiously but must balance competing needs and priorities among the cases before it. Generally, it is not good practice to call the Court --- or to call the Court again and again --- to demand a ruling. However, in some circumstances, such as an emergency or if a particular motion seems to have “fallen-through- the-cracks,” a call to Chambers may be appropriate. Counsel should simply advise Chambers of the pendency of the matter, how long it has been pending, and any special circumstances. The matter will be brought to the attention of the Judge who ultimately will decide. Chambers staff are not authorized to make decisions on the merits of any judicial matters and cannot provide legal advice. Practice Pointer 26: Consideration for Chambers Personnel. Chambers personnel, like consumer bankruptcy counsel, work under substantial pressures and time constraints in their jobs. There are times when counsel in a highly charged environment, may call Chambers staff to complain or vent about judicial decisions, scheduling, or other matters. Such calls are not appropriate and counter-productive. Chambers staff are not responsible for the merits of a decision. The Judge is. And, being disrespectful to Chambers personnel does not serve anyone’s interest. Chambers staff are trained to be respectful and courteous to lawyers and pro se litigants. So, counsel should extend courtesy and respect to Chambers staff. Counsel may contact the Clerk or Deputy Clerk of the United States Bankruptcy Court if special circumstances warrant. Practice Pointer 27: Rules and Practices. Most procedural questions raised by consumer bankruptcy counsel can be answered by careful review of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, the Federal Rules of Civil Procedure, and the Local Bankruptcy Rules. Furthermore, all Colorado 12 Bankruptcy Judges maintain detailed information about their respective practices and requirements under the “Judge’s Info” Tab on the website for the United States Bankruptcy Court for the District of Colorado: www.cob.uscourts.gov. Formatted: Indent: Left: 1", Right: 1", Line spacing: Multiple 1.08 li, Border: Between : (Single solid line, Auto, 1.5 pt Line width, From text: 1 pt Border spacing: ), Bar : (Single solid line, Auto, 1.5 pt Line width), Box: (Single solid line, Auto, 1.5 pt Line width) 13