Revision as of 13:13, 20 June 2011

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 both email the Courtroom Deputy and also call her at (512) 916-5238, ext. 310, at least 24 hours before the hearing. The request should include the case name and number, the attorney's name, the party represented, and a direct (not cell) phone number. The courtroom deputy will confirm whether the Court has granted the request and, in the absence of such confirmation, counsel should not assume the request has been granted but rather should appear in person.

Generally, a witness will not be allowed to testify via telephone absent the advance consent of the parties participating in the hearing.

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.

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

Standing Order for Chapter 13 Case Administration For Austin Division
Form Order Granting Expedited Hearing
Form Order Granting Objection to Claim