Videoconference Hearing Guidelines; Preferred Form of Order Avoiding a Lien on Real Property (Chapter 13); Trial Scheduling Order; Evidentiary Hearing Scheduling Order

=== Videoconference Hearing Guidelines ===

UNITED STATES BANKRUPTCY COURT DISTRICT OF ARIZONA Videoconference Hearing Guidelines IMPORTANT REMINDER: Persons participating in court proceedings are reminded that photographing, recording, and rebroadcasting court proceedings in any way, for any purpose, including, but not limited to, “screen shots” and streaming, is absolutely prohibited. Violation of these prohibitions may result in sanctions as deemed necessary by the Court. The Clerk of the Court maintains an audio recording of all proceedings which constitutes the official record. Required Equipment for Participation in Videoconference Hearings Attorneys, parties, witnesses, and any other interested individuals who wish to enter an appearance or address the Court (“Participants”) may appear at videoconference hearings via the Zoom for Government videoconference platform. In order to participate in a videoconference hearing, each Participant must use a computer or an internet-enabled mobile device (e.g. smartphone, iPad, or tablet) equipped with the following: 1. camera capable of sending and receiving video via Zoom; and 2. either a microphone and speakers capable of sending and receiving clear audio via Zoom or a telephone; and 3. an internet browser that will accommodate Zoom; and 4. a stable internet connection with bandwidth sufficient to support Zoom. regarding information More found https://support.zoom.us/hc/en-us/articles/201362023-System-requirements-for-Windows-macOS-and- Linux#h_a79491c9-bcd0-4ce5-97a2-3739971edf59. Due to functionality limitations of mobile devices (e.g. smartphones, iPads, or tablets), it is strongly recommended that videoconference appearances be made via a computer. requirements equipment system and can be at Participants who lack the required equipment are to contact their attorney as soon as possible for instructions. Participants who lack the required equipment and are not represented by an attorney, are to contact the judge’s courtroom deputy as soon as possible for instructions. The contact information for the courtroom deputy can be found on the judge’s procedures page at https://azb.uscourts.gov/procedures. Participants who have a computer or mobile device with an adequate camera but lack a microphone and speakers capable of sending and receiving clear audio via Zoom, may access the audio portion of the hearing via a telephone by calling the judge’s AT&T teleconference line. Alternatively, Participants may call the Zoom teleconference line, but long-distance charges may apply. Zoomgov.com Resources Individuals unfamiliar with Zoom may access articles as well as https://support.zoom.us/hc/en-us/articles/201362193-Joining-a-Zoom-meeting and https://support.zoom.us/hc/en-us. Participants are to become familiar with Zoom controls for attendees well in advance of any scheduled hearing. An overview of attendee controls can be found at https://support.zoom.us/hc/en-us/articles/200941109-Attendee-controls-in-a-meeting. at https://support.zoom.us/hc/en- can be Instructions us/articles/201362313-Testing-your-video. Instructions for testing audio settings can be accessed at https://support.zoom.us/hc/en-us/articles/201362283-Testing-audio-before-Zoom-Meetings. instructional videos at testing video accessed settings for Page 1 of 4 It is not necessary to establish an account with Zoom in order to participate in videoconference hearings. If you have not participated in a Zoom hearing/meeting before, then download the Zoom desktop client onto your computer or the Zoom mobile app onto your mobile device well in advance of any hearing. 1. Download and install the Zoom desktop client for Windows or Mac at https://zoom.us/download. 2. Download and install the Zoom mobile app at https://support.zoom.us/hc/en- us/articles/4415294177549-Downloading-the-Zoom-desktop-client-and-mobile-app. You may participate in a videoconference hearing, without installing any Zoom software or plugins, using the Zoom web client. Instructions for the Zoom web client can be accessed at https://support.zoom.us/hc/en- us/articles/214629443-Zoom-web-client. Participants using the Zoom web client may be required to sign up for a Zoom account and functionality may be limited. Please note that Zoom interactions (e.g. chat, screen share, reactions, etc.) may be disabled during the hearing. You must verbalize any statements or requests etc. for the record. Identify yourself each time you speak and speak audibly to maintain the quality of the official recording of the proceeding. Before Every Videoconference Hearing 1. Connect your computer/mobile device to power. 2. Turn off all potential disruptions in the room (phones, messaging alerts, email alerts, etc.). 3. Adjust the settings of your camera, speakers, and microphone. 4. Adjust settings to ensure that your first and last name will be displayed during the hearing. Individuals who do not display their full name may not be admitted to the hearing. If you are joining the hearing via the Zoom desktop client or mobile app, then the automatically generated display name is your profile name. If you are joining the hearing via any other method, then the automatically generated display name may be the name of your computer/mobile device. 5. Verify that your camera, speakers, and microphone are functioning, and your full name is displayed by joining a test meeting at https://support.zoom.us/hc/en-us/articles/115002262083-Joining-a- Zoom-test-meeting. 6. Verify that you have the ability to mute and unmute your microphone before leaving the test meeting. Microphones are to remain muted unless you are addressing the Court. 7. Obtain the hearing ID, passcode, and/or hearing link. The hearing ID, passcode, and/or hearing link may be found in the document that set the hearing (e.g. order setting hearing, notice of hearing, minute entry etc.). In some instances, the hearing ID, passcode, and/or hearing link will have been emailed to you. Participation in a Videoconference Hearing Participants are to join the videoconference hearing using one of the following options. 1. Participation via Zoom desktop client or Zoom mobile app Sign into the Zoom desktop client on your computer or the Zoom mobile app on your device. Navigate to the home screen and click on “Join”. Enter the hearing ID, click “Join,” and then enter the passcode when prompted. 2. Participation via Zoomgov.com Open an internet browser (e.g. Chrome, Firefox etc.) and navigate to https://www.zoomgov.com/. Click “Join Meeting” and enter the hearing ID. Click “Open Zoom Meetings” in the dialog box shown by your browser. If you do not see the dialog box, then click the “Launch Meeting” button. Enter the passcode and click “Join Meeting”. Zoom will then automatically launch. Page 2 of 4 3. Participation via Hearing Link Click on the link for the hearing and then Zoom will automatically launch. Any interested individuals that wish to monitor the videoconference hearing, without entering an appearance or addressing the Court or parties, may join the hearing using one of the options listed in this section. If monitoring a hearing, then your microphone is to be muted and your camera is to be turned off for the duration of the hearing. Instructions for muting the microphone and turning the camera off can be found at https://support.zoom.us/hc/en-us/articles/200941109-Attendee-controls-in-a-meeting. Listening to a Videoconference Hearing Any interested individuals that simply wish to listen to the videoconference hearing, without entering an appearance or addressing the Court or parties, may call the judge’s AT&T teleconference line. Enter the access code when prompted. The AT&T teleconference line and access code may be found in the document that set Some judges list their AT&T conference line and access code on their procedures page at https://www.azb.uscourts.gov/procedures. the hearing (e.g. order setting hearing, notice of hearing, minute entry etc.). If the teleconference line and access code are not included in the document that set the hearing, and not available on the judge’s procedures page, then contact the judge’s courtroom deputy well in advance of any hearing to request the numbers. The contact information for the courtroom deputy is located on the judge’s procedures page at https://www.azb.uscourts.gov/procedures. Some judges may permit Participants to appear at a videoconference hearing by telephone. Consult the document that set the hearing and/or the judge’s procedures page to confirm the manner in which you may appear for a specific hearing. Contact the judge’s courtroom deputy with any questions or concerns. Presenting Evidence in a Videoconference Hearing Generally, parties presenting evidence in a videoconference hearing will be sharing their screens with the Court. Instructions for sharing screens can be found at https://support.zoom.us/hc/en-us/articles/201362153- Sharing-your-screen. Recommendations • Avoid using a mobile device (e.g. smartphone, iPad, or tablet) if possible. Although mobile devices can be used, they offer limited functionality, and the performance is inferior. • Avoid running any unnecessary applications besides Zoom, in order to conserve your computer’s processing power and networking. • Connection via a hard-wire Ethernet cable is preferred, as it will always be faster and more reliable than Wi-Fi. Avoid using Wi-Fi if possible, however, if you must use Wi-Fi, make sure you are very close to the Wi-Fi router. • Zoom requires a stable internet connection, with sufficient bandwidth. Avoid sharing your network • with others during the hearing if possible. If testing equipment prior to a hearing, only test with the same equipment and internet connection that you intend to use on the day of the hearing. • Avoid distracting real or virtual backgrounds. • Avoid using an open microphone and speakers (such as are built into laptops or a webcam). Instead, use a good quality headset (headphones with microphone), which will help ensure that you can be heard and can hear others. • Avoid noisy and echoing locations. Use of a headset will improve audio quality when this is unavoidable. Page 3 of 4 • Ensure adequate service and good call quality if using a cellular telephone to access the audio portion of a videoconference hearing. Etiquette for All Videoconference Hearings Though held remotely, videoconference hearings constitute judicial proceedings. Formalities of a courtroom, including the following, will be observed: • Participants must dress and conduct themselves as if they are in a physical courtroom. • During the hearing, every Participant must be located in a quiet, secure room that is free from distractions. • Participants, as well as anyone monitoring the hearing, must ensure their proper legal name (First and Last Name) is displayed while in Zoom. • Participants should be cognizant of the lighting in the room where they are located; avoid shadows, sitting in front of a window or having any light source visible on your screen. Use of an appropriate virtual background is acceptable for those not appearing from a business setting. • During the hearing, Participants must mute their microphones when not speaking. • Participants may not use speakerphones. • While testifying, witnesses must situate themselves in such a manner as to be able to both view the video feed and be seen by the Court. • Participants are to look into the camera when speaking. • While testifying, witnesses may not participate in or be subject to any direct or indirect communication with anyone other than with the examiner and/or the Court and must not read from documents that have not been admitted into evidence (other than to address foundational questions). Parties and their counsel may communicate privately other than during the parties’ examination. Disclaimer Please be advised that the judges may add to, modify, or omit any of the instructions listed within these Videoconference Hearing Guidelines at their discretion, at any time. v.06/21/2022 Page 4 of 4

=== Preferred Form of Order Avoiding a Lien on Real Property (Chapter 13) ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In re: UNITED STATES BANKRUPTCY COURT DISTRICT OF ARIZONA Chapter 13 Case No.: ORDER Debtor(s). On , Debtors filed a to value the lien of ("Lienholder") against the property commonly known as and more fully described in Exhibit "A" hereto, which lien was recorded in County on or about , as document number ("Second Lien"). This Second Lien is in second position and is the approximate amount of $ . The first lien is held by in the approximate amount of $ . The property is worth approximately $ . Therefore, there is no secured value in the amount of the Second Lien. Lienholder having failed to file timely opposition to Debtor’s motion, the Court hereby orders as follows: 1. For purposes of Debtors' Chapter 13 plan only, the Second Lien is valued at zero. Lienholder does not have a secured claim and the Second Lien may not be enforced, pursuant to 11 U.S.C. §§ 506, 1322(b)(2)and 1327, provided that the Chapter 13 case is completed and the Debtors' receive a discharge. 2. This order shall become part of Debtors' confirmed Chapter 13 Plan. 3. Upon entry of a discharge in Debtors' Chapter 13 case, the Second Lien shall be voided for all purposes and, upon application by Debtors, the Court will enter an appropriate form of judgment voiding the Second Lien. 4. If Debtors' Chapter 13 case is dismissed or converted to Chapter 7 before Debtors obtain a discharge, this order shall cease to be effective and the Second Lien shall be retained to the extent recognized by applicable non-bankruptcy law and, upon application by Lienholder, the Court will enter an appropriate form of order restoring the Second Lien. 5. Except as provided by separate, subsequent order of this Court, the Second Lien may not be enforced so long as this order remains in effect. 6. The Proof of Claim filed by Lienholder (Claim No. on the Claims Register), regarding this Second Lien, is hereby reclassified and shall be paid as a general unsecured claim. DATED AND SIGNED ABOVE. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

=== Trial Scheduling Order ===

UNITED STATES BANKRUPTCY COURT DISTRICT OF ARIZONA Case No.: X:XX−bk−XXXXX−SHG Chapter: XX Adversary No.: X:XX−ap−XXXXX−SHG In re: Debtor(s) Plaintiff(s) v. Defendant(s) TRIAL SCHEDULING ORDER The Rule 16 Pre−Trial Scheduling Conference was held on (date) at (time). A (number day/hour) trial is set for (date) at (time) AM/PM. Accordingly the following deadlines apply: Discovery Cut−Off: Dispositive Motions Deadline: Disclosure of Witnesses and Exhibits Deadline: Settlement Request Deadline: Objections to Use of Declaration Testimony: Pre−Trial Statement Due Date: Motions in Limine: Specifics concerning such schedule follow. thirty (30) days before trial seventy five (75) days before trial fourteen (14) days before trial fourteen (14) days before trial fourteen (14) days before trial seven (7) days before trial seven (7) days before trial All discovery, including answers to interrogatories and supplements to interrogatories, must be completed no later than thirty (30) days prior to trial. This order contemplates that each party will conduct discovery in such a manner as to complete it within the deadline set. Refer to Local Rule 7037−1. Discovery Dispositive Motions. All dispositive motions, for either partial or complete relief (such as Motion for Summary Judgment), shall be filed no later than seventy five (75) days before trial. Hearings on dispositive motions shall be set by contacting the Courtroom Deputy by telephone. Counsel shall be responsible for filing and serving notice of such hearing. Motions will be scheduled as provided by the Rules of Procedure. A late−filed Motion will not be cause to delay or extend the trial setting. Disclosure of Witnesses and Exhibits Unless the Court orders otherwise, no later than fourteen (14) days prior to any trial, the parties are to exchange a list of witnesses and exhibits along with copies of all exhibits to be utilized at the trial, including impeachment evidence, regardless of what additional discovery is conducted, and are to file the list of witnesses and exhibits with the Court (but not the documents themselves). Any witness and exhibits not timely disclosed will not be heard or admitted into evidence. The Court requires use of electronic exhibits (pro se parties excluded). Plaintiffs shall label their exhibits as letters (e.g, Exhibit A, Exhibit B, and so on) and Defendants shall label their exhibits as numbers (e.g., Exhibit 1, Exhibit 2). A copy of the official exhibits, along with the exhibit list form, shall be delivered in electronic format to the Court three (3) business days prior to trial. A copy of the exhibit list form can be found on the Judges' Procedure page at https://www.azb.uscourts.gov/sites/default/files/Exhibit_Index_Form.pdf on the Bankruptcy Court's website http://www.azb.uscourts.gov/. If the matter is suitable for reference to a settlement judge, a joint letter or motion to the Court containing a request for a settlement conference shall be submitted no later than fourteen (14) days before trial. Any settlement conference will not delay the trial setting. Settlement Conference Joint Pretrial Statement A joint pretrial statement (required Local Form 7016−1), shall be submitted no later than seven (7) days before trial. If a joint pretrial statement cannot be submitted, unilateral pretrial statements, shall be filed no later than seven (7) days (including weekends and holidays) after the deadline for filing a joint pretrial statement. If dispositive motions have been filed, then the pretrial statement(s) shall be due as indicated or thirty (30) days following resolution of the motions, whichever is later. A copy of Local Form 7016−1 can be found on the Court Forms page at http://www.azb.uscourts.gov/forms on the Bankruptcy Court's web site http://www.azb.uscourts.gov/. Extension For Good Cause and Requests for a Pretrial Conference All of the deadlines above may be extended for good cause shown. The deadlines set forth in this order may only be extended by approval of the Court. The Court will consider a request for a pretrial conference to adjust the dates and procedures set forth in this order. Any request for a pretrial conference must be made by motion and must set forth why the deadlines and procedures in this order need to be extended or otherwise adjusted. Absent exceptional circumstances, no motion for extension of trial date will be considered if filed within five (5) days of the trial date. Trial The trial on this matter is set for (date) at (time) at the United States Bankruptcy Court, (address), before the Honorable Scott H. Gan. Continuances of the trial date may be requested by the filing of a motion which must be set for hearing. Declarations Unless a party objects in writing fourteen (14) days before trial, direct testimony of all or some of the witnesses may be submitted by declaration. The following procedures will govern submission of testimony by declaration: 1. 2. 3. 4. All declarations will be made under penalty of perjury and will be subject to the Federal Rules of Evidence. If a witness' testimony is submitted by declaration, the witness must be available at trial to be cross examined by the other parties unless the other parties waive such appearance and the Court approves such waiver. If a witness' direct testimony is submitted by declaration, the only oral testimony such witness may give will be limited to rebuttal testimony. If a part of a witness' declaration concerns an exhibit to be admitted into evidence at trial, the exhibit must be attached to the declaration. 5. 6. 7. If a party intends to present the witness' testimony by a transcript of a deposition, a detailed summary of the testimony must be submitted with the transcript Notwithstanding the parties' agreement that a witness' testimony will be submitted by declaration, the Court may require any witness' testimony to be provided by direct examination. The Court will timely notify the parties if a witness' testimony may not be submitted by declaration. Time for filing declaration and objections to declarations: a. b. c. d. All declarations must be filed with the Joint Pretrial Statement. All evidentiary objections to declarations must be filed three (3) days before trial. The Court will rule on evidentiary objections to the declarations at the time of trial. After the Joint Pretrial Statement is submitted, no other declarations will be allowed except by order of the Court. Estimated Trial Length The Court estimates that the time needed for trial is not more than (number day/hour). If the parties believe that additional trial time is necessary, then, within thirty (30) days of receipt of this Scheduling Order, counsel shall file and serve a request for enlargement of the trial time setting forth the amount of time needed for trial together with a statement of the reason(s) additional time is needed. A trial memorandum may be filed at any time through the conclusion of the trial. Filing of such a memorandum by any party shall not delay the ruling in the case, nor shall it, without the Court's permission, extend to the non−filing party any type of extension or response period. Trial Briefs Dated and signed above.

=== Evidentiary Hearing Scheduling Order ===

UNITED STATES BANKRUPTCY COURT DISTRICT OF ARIZONA In re: Case No.: X:XX-bk-XXXXX−SHG Chapter: XX Debtor(s) EVIDENTIARY HEARING SCHEDULING ORDER An evidentiary hearing having been set to consider: (Title of Pleading(s) and Docket Number(s and any responsive pleadings thereto, and pursuant to Federal Rules of Bankruptcy Procedure 9014 and 11 U.S.C. § 105, IT IS HEREBY ORDERED, The following schedule and hearing information shall apply to this matter: Objection to Use of Declaration Testimony: Disclosure of Exhibits and Witness List Deadline: Joint Pre−hearing Statement Due Date: Motion in Limine: Evidentiary Hearing Date and Time: Estimated length of hearing: Specifics concerning such schedule follow. fourteen (14) days before hearing fourteen (14) days before hearing seven (7) days before hearing five (5) days before hearing date at time (length of hearing) Disclosure of Exhibits and Lists of Witnesses Unless the Court orders otherwise, no later than fourteen (14) days prior to any trial, the parties are to exchange a list of witnesses and exhibits along with copies of all exhibits to be utilized at the trial, including impeachment evidence, regardless of what additional discovery is conducted, and are to file the list of witnesses and exhibits with the Court (but not the documents themselves) Any witness and exhibits not timely disclosed will not be heard or admitted into evidence. The Court requires use of electronic exhibits (pro se parties excluded). Debtors shall label their exhibits as letters (e.g, Exhibit A, Exhibit B, and so on) and opposing parties shall label their exhibits as numbers (e.g., Exhibit 1, Exhibit 2). A copy of the official exhibits, along with the exhibit list form, shall be delivered in electronic format to the Court three (3) business days prior to any evidentiary hearing. A copy of the the exhibit list form can be found on the Judge's Procedures page on https://www.azb.uscourts.gov/sites/default/files/Exhibit_Index_Form.pdf on the Bankruptcy Court's website http://www.azb.uscourts.gov/. − − − ORDER CONTINUES ON NEXT PAGE − − − Joint Pre−hearing Statement A joint pre−hearing statement (required Local From 7016−1) shall be submitted no later than seven (7) days before hearing check in. The failure of any party to cooperate in and/or timely comply with these procedures may result in the imposition of sanctions against such party and/or the attorney for such party. If a joint pre−hearing statement cannot be submitted, unilateral pre−hearing statements, which shall be filed no later than seven (7) days (including weekends and holidays) after the deadline for filing a joint pre−hearing statement. Extension For Good Cause and Requests for a Pre−hearing Conference All of the deadlines above may be extended for good cause shown. THE DEADLINES SET FORTH IN THIS ORDER MAY ONLY BE EXTENDED BY APPROVAL OF THE COURT. The Court will consider a request for a pre−hearing conference to adjust the dates and procedures set forth in this order. Any request for a pre−hearing conference must be made by motion and must set forth why the deadlines and procedures in this order need to be extended or otherwise adjusted. Absent exceptional circumstances, no motion for extension of hearing date will be considered if filed within seven (7) days of the hearing date. The evidentiary hearing on this matter is set for (date) at (time) AM/PM, United States Bankruptcy Court, James A. Walsh Courthouse, 38 S. Scott Avenue, Courtroom 329, Tucson, AZ, before the Honorable Scott H. Gan. Hearing Unless a party files a timely objection with the Court, direct testimony of all or some of the witnesses may be submitted by declaration. The following procedures will govern submission of testimony by declaration: Declarations 1. 2. 3. 4. 5. 6. 7. All declarations will be made under penalty of perjury and will be subject to the Federal Rules of Evidence. If a witness' testimony is submitted by declaration, the witness must be available at hearing to be cross examined by the other parties unless the other parties waive such appearance and the Court approves such waiver. If a witness' direct testimony is submitted by declaration, the only oral testimony such witness may give will be limited to rebuttal testimony. If a part of a witness' declaration concerns an exhibit to be admitted into evidence at hearing, the exhibit must be attached to the declaration. If a party intends to present the witness' testimony by a transcript of a deposition, a detailed summary of the testimony must be submitted with the transcript Notwithstanding the parties' agreement that a witness' testimony will be submitted by declaration, the Court may require any witness' testimony to be provided by direct examination. The Court will timely notify the parties if a witness' testimony may not be submitted by declaration. Time for filing declaration and objections to declarations: a. b. c. d. All declarations must be filed with the Joint Pre−hearing Statement. All evidentiary objections to declarations must be filed three (3) days before hearing. The Court will rule on evidentiary objections to the declarations at the time of hearing. After the Joint Pre−hearing Statement is submitted, no other declarations will be allowed except by order of the Court. Estimated Hearing Length The Court estimates that the time needed for hearing is not more than (length of hearing). If the parties believe that additional hearing time is necessary, then, within thirty (30) days of receipt of this Scheduling Order, counsel shall file and serve a request for enlargement of the hearing time setting forth the amount of time needed for hearing together with a statement of the reason(s) additional time is needed. − − − ORDER CONTINUES ON NEXT PAGE − − − A hearing memorandum may be filed at any time through the conclusion of the hearing. Filing of such a memorandum by any party shall not delay the ruling in the case, nor shall it, without the Court's permission, extend to the non−filing party any type of extension or response period. Hearing Briefs Resolution of Matters Set for Hearing A resolved matter that is set for hearing may be taken off calendar by a telephone call from the moving party to the Courtroom Deputy up to 24 hours before the hearing. No continued hearing date will be given by phone. All other requests must be by motion filed no later than 72 hours prior to the hearing. Otherwise at least one of the parties must attend the hearing and inform the court of the resolution of the matter on the record. Dated and signed above.