IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF ARIZONA

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1 IT IS HEREBY ADJUDGED and DECREED this is SO ORDERED. The party obtaining this order is responsible for noticing it pursuant to Local Rule 0-1. Dated: September, 0 1 In re: Mortgages Ltd., IN THE UNITED STATES BANKRUPTCY COURT Debtor. FOR THE DISTRICT OF ARIZONA v1(00.1) -1- Chapter Proceedings Case No. :0-bk-0-RJH ORDER SETTING OCTOBER, 0 BAR DATE TO FILE PROOFS OF CLAIM This matter comes before the Court on the ex parte Motion dated September, 0 ( Motion ) of the above-captioned debtor-in-possession, Mortgages Ltd. ( Debtor ) for entry of an order setting the bar date to file proofs of claim in this Chapter case. This Court finds that: (i) it has jurisdiction over the matters raised in the Motion under U.S.C. and ; (ii) venue of this matter is proper under U.S.C. 0 and 0; (iii) this matter constitutes a core proceeding under U.S.C. (b)(); (iv) the relief requested in the Motion is in the best interests of the Debtor, its estate, its creditors, and other parties-in-interest; (v) adequate and proper notice of the Motion has been given and no other Notice is necessary; (vi) the requested relief may and should be granted on an ex parte bases; (vii) good cause exists for granting the relief requested in the Motion; and (viii) Official Form No., modified to include the name of the Debtor and this Court, and the notice of the Bar Date proposed by the Debtor attached to the Motion as Exhibit A, are appropriate for use by creditors in asserting claims against the Debtor in this case and appropriate for providing suitable notice to creditors of the deadlines and procedures for filing proofs of claim. RANDOLPH J. HAINES U.S. Bankruptcy Judge

2 IT IS ORDERED that: 1. The Motion is.. BAR DATE The deadline for filing a proof of claim in this Chapter case is October, 0 ( Bar Date ). (a) General. Except as stated in this Order, the Bar Date applies to any claim, as defined in Bankruptcy Code 1(), against the Debtor arising from any event occurring during the Debtor s operation of business before and until the Petition Date ( Pre-Petition Claims ). The Pre-Petition Claims include, but are not limited to, the following possible categories of claims: (i) unsecured claims incurred by vendors, suppliers, and other trade-related entities involved in the general operations of the Debtor s business; (ii) litigation claims, including claims that have been asserted in litigation where the plaintiffs have sued or joined as co-defendants present or former directors, officers, or employees of the Debtor, or other individuals or entities, who may have indemnification claims or contribution claims against the Debtor, or who may expose the Debtor to vicarious liability under various principles or provisions of applicable state law; (iii) any worker s compensation claims; (iv) any administrative agency claims or similar kinds of private enforcement claims, including but not limited to, wage and hour claims, wrongful termination and discharge claims, loss of benefits claims, harassment claims, employment discrimination claims, and other employmentrelated claims; and (v) any claims by investors. (b) Secured Claims. All holders of alleged secured claims must file an appropriate proof of claim by the Bar Date. (c) Executory Contract and Lease Rejection Damages. Any claims arising out of or otherwise related to Debtor s rejection of any executory contract or unexpired lease under Bankruptcy Code be filed on or before the earlier of: (i) 0 days following the entry of an order of the Court approving such rejection if the effectiveness v1(00.1) --

3 of such order has not been stayed; or (ii) days following the effective date of any Chapter plan confirmed by the Court. The Debtor will provide notice to claimants under a rejected contract or lease of the claims bar date set forth above as part of the order approving rejection of such contract or lease or as part of the disclosure statement describing the Chapter plan.. BAR DATE NOTICE PROCEDURES The Debtor must provide all creditors and parties-in-interest on the master mailing matrix with a packet containing the following, sent by first-class U.S. mail no later than five business days after entry of the Bar Date Order: (i) Bar Date Notice. The Debtor must provide notice of the Bar Date and the provisions of the Bar Date Order with a written notice substantially in the form attached as Exhibit A to the Motion ( Bar Date Notice ), the operative provisions of which are incorporated as part of this Order. The Debtor must also publish the Bar Date Notice in the Arizona Republic for three consecutive days. (ii) Claim Information. The Bar Date Notice must advise each creditor and party-in-interest that, unless they have previously filed a proof of claim in this case, each creditor and party-in-interest must file a proof of claim in this case on or before the Bar Date irrespective of the information set forth in the Debtor s Schedules of Assets and Liabilities. (iii) Forms. All creditors and parties-in-interest on the master mailing matrix must receive a copy of Official Form, altered only to reflect the Debtor s name and the case number under which all proofs of claim should be filed.. Notice of the Bar Date as provided above is satisfactory, adequate, and proper under Bankruptcy Rules 0 and 00. v1(00.1) --

4 . ADDRESS FOR FILING PROOFS OF CLAIM: Except as otherwise specifically provided in this Notice, all persons or entities wishing to assert a claim against the Debtor must file a proof of claim (using the form provided with this Notice), so that it is received no later than :00 p.m., Arizona Time, on the Bar Date, by the Bankruptcy Court at the following address: United States Bankruptcy Court District of Arizona Phoenix Division Office of the Clerk of the Court 0 N. First Avenue, Suite 1 Phoenix, Arizona 00-0 Proofs of claim will be treated as filed only when actually received by the Bankruptcy Court. Creditors with PACER and ECF passwords may also electronically file a proof of claim with the Bankruptcy Court. Creditors are advised NOT to send copies of proofs of claim to the Debtor or to Debtor s counsel as such proofs of claim will be returned.. FAILURE TO FILE PROOF OF CLAIM: Any holder of a claim that fails to file a proof of claim on or before October, 0, if required to do so by the Bar Date Order and this Notice, is: (a) forever barred, estopped, and enjoined from (i) asserting any such claim against the Debtor or their successors and assigns, and (ii) voting on or receiving any distribution under any Chapter plan for the Debtor on account of such claim; (b) bound by the terms of any Chapter plan confirmed with respect to the Debtor; and (c) not entitled to receive any further notices or mailings in this Chapter case.. RESERVATION OF RIGHTS: Nothing in this Order is to be deemed to limit or prejudice, in any way, the Debtor s right to object to, dispute, or assert defenses or offsets to any claim filed or deemed filed in this case. v1(00.1) --

5 . NOTICE BY DEBTOR: The Debtor is directed to provide a copy of the Bar Date Notice to creditors, investors and other parties-in-interest in accordance with the terms and provisions of this Order, and to file a Certificate of Service with the Bankruptcy Court. DATED AND SIGNED ABOVE. v1(00.1) --