Procedures


Electronic Exhibits

Continuances

Motions to Expedite

Telephonic Appearances

Objection to Claim

Motions to Extend Time to File Schedules

Requirement for Uploading/Submitting Proposed Orders

Motions to Reset 341 Meeting

Motion to Delay Entry of Discharge in Chapter 7

Miscellaneous

Forms/Links

 

Electronic Exhibits

Courtroom #3 (Judge Gargotta’s Courtroom) is equipped with VGA cables to allow attorneys to display electronic exhibits and demonstrative presentations on the Court’s TV monitors. Electronic exhibits also will be displayed on screens on the witness stand and on the bench.

Parties wishing to use electronic exhibits simply need to bring their computer or electronic device to the courtroom and connect it to one of the Court’s VGA cables, one of which is available at each counsel table and the podium. Most PCs support VGA connectivity. Apple Computers, iPads, and other tablets are also compatible with this system, but they require additional components to connect that are not supplied by the Court.

Any party wishing to use electronic exhibits should test their computer on the Court’s system at least one day prior to the first time they plan to present. Parties who attend court regularly only need to conduct this test once. To coordinate a time to come to the courtroom and test the system, please email the Courtroom Deputy.

Continuances

Per Local Rule 9014(f):

  1. a motion to continue a hearing must be filed at least THREE business days prior to the hearing date, or state the nature of the emergency making it impossible to have filed it by that date
  2. the motion must state good cause for the continuance
  3. the motion must contain a certificate of conference reflecting efforts to confer with affected parties regarding the relief requested or the reasons why conferring was not possible or practical
  4. the motion should state with as much detail as possible the length of the continuance requested or the date or range of dates requested for the continued hearing
  5. the motion must be served on interested parties including those parties known or expected to participate in the hearing, who must be served electronically, by facsimile or by some other method reasonably calculated to provide immediate notice

In addition, to obtain a continuance of a hearing before Judge Gargotta:

  1. a proposed form of order granting the continuance must be uploaded (in the Expedite category via E-Orders) when the motion is filed
  2. the movant must email the Courtroom Deputy when the motion is filed to notify her of the filing
  3. when notified by the Courtroom Deputy that the motion is granted, the movant must provide notice of the continuance to all interested parties and per Local Rule 9014(f), within five days, must file a certificate of service reflecting that notice

Motions to Expedite

Per Local Rule 9014(e), unless otherwise provided by order:

  1. a motion to expedite a hearing or consideration of a matter must state good cause for expediting
  2. the motion must be filed as a separate pleading from the matter which is requested to be expedited
  3. the motion must contain a certificate of conference reflecting efforts to confer with affected parties regarding the relief requested or the reasons why conferring was not possible or practical

In addition, to obtain an expedited hearing from, or expedited consideration by, Judge Gargotta:

  1. the underlying motion that is requested to be expedited should NOT contain the negative notice permitted under Local Rule 9014(a)
  2. a proposed form of order granting the motion to expedite, in substantially the form provided below (see Forms/Links below), must be uploaded when the motion to expedite is filed
  3. the movant must email the Courtroom Deputy when the motion to expedite is filed, to notify her of the filing
  4. when notified by the Courtroom Deputy that the motion is granted, the movant must provide notice of the continuance to all interested parties and per Local Rule 9014(f), within five days, must file a certificate of service reflecting that notice

Telephonic Appearances

Hearings may be conducted by teleconference when deemed appropriate by the Court. In approving a hearing by teleconference, consideration will be given to the nature and scope of the matter before the Court, number of parties seeking to appear by phone, associated time and cost of travel, and equity to all parties. To request a telephonic hearing, counsel must email the Courtroom Deputy, Lisa Elizondo, at least 2 business days before the hearing. The email should include the attorney, who they represent, the reason for the request, and a direct (not cell) phone number.

Please be advised of the following:

Parties may not use a cell or speaker phone when participating in the teleconference.
Parties must identify themselves each time they speak during the teleconference.
Parties must be available 30 minutes prior to the hearing.
Witness testimony is not permitted via teleconference.

Objection to Claim

The proposed order must include the claim number in the title of the order and claimant’s name and address (see Form Order Granting Objection to Claim).

Motions to Extend Time to File Schedules

Rule 1007(c) allows for an extension of time in which to file schedules and statement of financial affairs for cause shown. The procedure for requesting an extension of time is as follows:

  1. Provide a specific date deadline for the extension of time in both the motion and the proposed order. The deadline request should be no less than seven (7) calendar days prior to the 341 meeting date.
  2. Do not use negative notice (i.e. 21 days) in motions to extend time to file schedules (the suspense time will run after the extension deadline, which does not give the trustee and creditors sufficient time to prepare and/or respond).

Requirement for Uploading/Submitting Proposed Orders

An electronic filer must upload a proposed order, using the Court’s Order Upload feature, when filing any motion, application, objection to claim, and/or other request for relief in a bankruptcy case or adversary proceeding. Proposed orders must also be submitted when filing pleadings over the counter or via U.S. mail. Failure to timely and properly upload/submit a proposed order will result in the respective pleading being dismissed for non-compliance. See Court's Standing Order Adopting New Administrative Procedures and Local Bankruptcy Rule 9013(a).

Motions to Reset 341 Meeting

All requests to continue a 341 meeting should be submitted to the trustee’s office prior to seeking a continuance of the meeting. Please refer to the Court's Standing Order and In re Requejo.

Motion to Delay Entry of Discharge in Chapter 7

If you are filing a motion to delay entry of discharge pursuant to Rule 4004(c)(2), please specify the date to which you seek to delay the entry of discharge in both the motion and the proposed order (see Form Order Granting Motion to Delay Entry of Discharge in Chapter 7).  Please note that this form order assumes that you are requesting the maximum thirty day delay allowed by Rule 4004(c)(2).  The Court will assume that you are requesting the maximum thirty day delay unless your motion and your proposed order make it clear that you are requesting a shorter delay.  See the docket sheet for the deadline for filing objections to discharge.

Miscellaneous

Continuances of Creditors Meetings in Chapter 13 Cases In re Haltom

Continuances of Creditors Meetings in Chapter 13 Cases In re Requejo

Request for Attorneys Fees for a Motion for Moratorium In re Pina

Early Payoff as Requiring Motion to Modify In re Wilson

Request for Attorneys Fees in Advance of Performing Services In re Spence

Forms/Links

General Order for Chapter 13 Debtor Attorney Fees for San Antonio Division
Amended Standing Order Relating to Chapter 13 Practices in the San Antonio Division
Standing Order Relating to Attorneys Fees - Ch. 13 San Antonio Division
Form Order Granting Expedited Hearing
Form Order Granting Objection to Claim
Electronic Exhibits
Form Order Granting Motion to Delay Entry of Discharge in Chapter 7