Bankruptcy Petition Preparers

(a) State Certification Required; Sanctions. Any bankruptcy petition preparer, as defined by Code § 110, that is not certified under the Rules of the Arizona Supreme Court who prepares a document for filing in this Court may be subject to sanctions. A certified bankruptcy petition preparer must provide their certification number, a business phone number, and an email address on any document prepared for filing. (b) Disciplinary Authority of Court.

A certified bankruptcy petition preparer who prepares documents for filing submits to the jurisdiction of the Court. If the Court or other party in interest has cause to believe that a bankruptcy petition preparer has engaged in unprofessional conduct, any party may seek and the Court may impose any of the following: (1) Civil contempt; (2) A reduction or refund of fees; (3) An injunction against the bankruptcy petition preparer; (4) A referral of the matter to the Arizona State Supreme Court Board of Licensed Document Preparers, or the State Bar of Arizona, if appropriate; and (5) The imposition of any sanctions deemed appropriate. Notes 2018: Includes new section concerning disciplinary authority of the Court. 30 Rule 3003-1.

Filing Proof of Claim or Equity Security Interest in Chapter 9 and Chapter 11 Cases (a) By Motion. A claims bar date may be requested and set by motion. An order setting the claims bar date may be entered by the Court without a hearing. The order must provide no less than 60 days notice and conform to Local Form No. 3003-1 Order Setting Claims Bar Date.

Service of the order must comply with FRBP 2002(a)(7). (b) By Order Setting Hearing on Disclosure Statement. Unless a bar date has previously been set, a claims bar date order must conform to Local Form No. 3003-2 Order Setting Initial Hearing on Approval of Disclosure Statement. Service of the order must comply with FRBP 2002(b).

Notes 2018: New LR establishing procedures for setting claims bar dates in Chapter 9 and Chapter 11 cases.