L. Rule 1001. SCOPE OF RULES AND FORMS; SHORT TITLE
The Rules that follow are adopted as the Local Rules to govern procedure of the Bankruptcy Court until further order, and shall be cited as the "Bankruptcy Local Rules" or "L. Rule."
(b) Scope and Effective Date of Rules
(1) These Rules supplement or, as permitted, modify the Federal Rules of Bankruptcy Procedure, and shall be construed consistently with those Rules and to promote the just, efficient and economical determination of every action and proceeding. These Rules are effective as of November 7, 2005.
(2) On motion or on the Court's own initiative, a Judge may waive the provisions of these Rules in any case for the convenience of the parties in interest or in the interest of justice. The Appendices may be supplemented or modified from time to time.
(3) These Rules shall govern all actions and proceedings pending or commenced after the effective date cited above.
(c) Adoption of Certain Local Rules of the United States District Court
The Local Rules of the United States District Court for the Western District of Texas shall not apply to any proceedings in the United States Bankruptcy Court, except as hereinafter adopted. In the event of a conflict between the Local Rules of the United States District Court for the Western District of Texas and these Rules, these Rules shall control.
Except when a matter is pending before a District Court Judge, the references in the Local Rules of the United States District Court to "Court" and "Judge" shall be read as the "United States Bankruptcy Court" and "bankruptcy judge." Except where specifically designated as "U.S. Trustee," trustee means the trustee appointed in a Chapter 7, 11, 12 or 13 case.
The Local Rules of the United States District Court shall be referenced as "District Court Local Rules" when referred to in these Rules. The Federal Rules of Bankruptcy Procedure are referenced as “FRBP” and the Federal Rules of Civil Procedure are referenced as “FRCP.”
For purposes of these Local Rules, “Interim Rule” refers to the Interim Rules approved by the Judicial Conference of the United States for the purpose of implementing the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, adopted as additional Local Rules by standing order dated October 21, 2005.
(e) Admission Pro Hac Vice
(1) An attorney not admitted to practice in the United States District Court for the Western District of Texas must request permission of the Bankruptcy Court to appear for or represent a party in a particular case or proceeding pending before the Court. The motion to be admitted pro hac vice shall be filed with the Clerk's Office in the division in which the particular case or proceeding is pending. The motion may be filed ex parte and shall include the following:
(A) The attorney’s (i) name, (ii) law firm, (iii) office address, office telephone number, fax number and email address, and (v) relevant State Bar Number.
(B) The names of the party or parties the attorney represents in the particular case or proceeding.
(C) A list of the state and federal court(s) in which the attorney is currently admitted to practice, the date of each admission, and whether the attorney is or is not in good standing in each such court.
(D) A statement that the attorney is eligible to practice in the Bankruptcy Court and agrees to familiarize him/herself with the Local Bankruptcy Court Rules.
(E) A statement that the attorney is not currently suspended or disbarred in any other court, or a disclosure of any suspensions or disbarments.
(F) A disclosure of any formal grievance procedures pending against the attorney, and the status of such proceedings.
(G) Either (i) a statement that the attorney has not requested admission pro hac vice in the Bankruptcy Court for the Western District of Texas in the preceding twelve months, or (ii) a list of motions for admission pro hac vice filed by the attorney with the Bankruptcy Court for the Western District of Texas in the preceding twelve months, which list shall include the title and case number of each case in which admission was sought, the date the motion was filed, and the disposition of such motion.
(2) In addition to the requirements of this rule, an attorney admitted pro hac vice is also subject to all rules of practice of the U.S. District Court of the Western District of Texas.
(3) The attorney shall submit a proposed form of Order with the motion granting the admission for appearance in the captioned case, adversary or specifically referenced matter. The order shall contain the following statement: "This order shall not be considered admission to practice generally before this Court or the U.S. District Court for the Western District of Texas."
(4) An attorney who has been admitted to practice pursuant to the provisions of this Rule shall promptly notify the Court of any change in status which would make applicant ineligible for membership in the Bar of this Court.
(5) An attorney may not be admitted by the Bankruptcy Court to practice pro hac vice in this District in more than three (3) cases in any twelve (12) month period without making application for admission to the U.S. District Court for the Western District of Texas.
By standing order of the District Court, all cases under Title 11, and all proceedings and matters arising in, arising under or related to a case under Title 11 are referred to the Bankruptcy Court for this District. (See Appendix L-1001-f).
(g) Standards of Litigation Conduct
The provisions of Rule AT 4-1 of the U.S. District Court Local Rules, which govern Standards of Professional Conduct, are adopted.
(h) Standing Orders and Interim Rules
(1) Standing orders of the Bankruptcy Court apply to practice before and procedures in the Bankruptcy Court for this District, including procedures relating to Chapter 13 practices in the various divisions thereof. These orders may be modified from time to time, and are available on PACER, at each divisional office, and at the Court’s website.
(2) In the event of a conflict between a standing order of this Court and these Rules, the standing order shall prevail.
(3) This Court has adopted the Interim Rules by standing order dated October 21, 2005. In the event of a conflict between the Interim Rules and these Rules, the Interim Rules shall prevail.
(i) Mediation and ADR Provisions
(1) The Court on its own motion or upon the motion of any party or party-in-interest may order parties to participate in mediation and may order the parties to bear expenses in such proportion as the Court finds appropriate.
(2) The ADR provisions found at Appendix L-1001-i are adopted.
(j) Court’s Website
The URL for the Court’s official website is http://www.txwb.uscourts.gov. The most current Local Rules and appendices thereto, standing orders and forms may be found at this website.