L. Rule 1001. SCOPE OF RULES AND FORMS; SHORT TITLE


(a) 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.

 

(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 in the Standing Order adopting the changes to the Local Rules.

 

(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.

 

(d) Definitions.

 

(1) “District Court” shall mean the United States District Court.

 

(2) "Court" and "Judge" shall mean the United States Bankruptcy Court and bankruptcy judge, except when a matter is pending before a District Court Judge.

 

(3) “Trustee” shall mean the trustee appointed in a Chapter 7, 11, 12 or 13 case, except where specifically designated as "U.S. Trustee."

 

(4) The Local Rules of the United States District Court shall be referenced as "District Court Local Rules."

 

(5) The Federal Rules of Bankruptcy Procedure shall be referenced as “FRBP” and the Federal Rules of Civil Procedure shall be referenced as “FRCP.”

 

 

 

(e) Reference.

 

See the Standing Order of Reference on the Court’s website at:

 http://www.txwb.uscourts.gov/node/123.

 

(f) Standards of Conduct.

 

The provisions of Rule AT 5 of the United States District Court Local Rules, which govern Standards of Professional Conduct, are adopted.

 

(g) Standing Orders.

 

(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 at each divisional office and at the Court’s website at: http://www.txwb.uscourts.gov/node/121.

 

(2) In the event of a conflict between a standing order of this Court and these Rules, the standing order shall prevail.

 

 (h) Mediation and Alternative Dispute Resolution 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-h are adopted.

 

(i) Court’s Website.

 

The most current Local Rules and their appendices, standing orders, and forms may be found on the Court’s official website at:  http://www.txwb.uscourts.gov.