Procedures
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| + | =Requirement for Uploading or Submitting Proposed Orders Timely and Properly= | ||
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| + | An electronic filer MUST UPLOAD a proposed order by electronic means using the Court’s | ||
| + | '''Order Upload''' feature in the electronic filing system, '''at the time''' that any motion, application, objection to claim, and other request for relief is filed in any main bankruptcy case or any adversary proceeding. This requirement also applies to pleadings filed over the counter or by mail. Failure to timely and properly upload or submit a proposed order will result in the respective pleading being dismissed for non-compliance. See Order Adopting New Administrative Procedures for Electronic Filing entered on November 30, 2004(Section IV, E, ¶1, p. 16) entered by the Bankruptcy Court for the Western District of Texas; Local Bankruptcy Rule 9013(a). | ||
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=Continuances= | =Continuances= | ||
Per Local Rule 9014(f): | Per Local Rule 9014(f): | ||
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#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; | #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; | ||
#the motion must state good cause for the continuance; | #the motion must state good cause for the continuance; | ||
| − | #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; | + | #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; |
#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; | #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; | ||
#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 and the certificate of service demonstrating notice shall be filed with the motion; | #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 and the certificate of service demonstrating notice shall be filed with the motion; | ||
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#a proposed form of order granting the continuance must be uploaded (in the Expedite category via E-Orders) when the motion is filed; | #a proposed form of order granting the continuance must be uploaded (in the Expedite category via E-Orders) when the motion is filed; | ||
#the movant must [mailto:Ronda_Farrar@txwb.uscourts.gov email the Courtroom Deputy] when the motion is filed to notify her of the filing; | #the movant must [mailto:Ronda_Farrar@txwb.uscourts.gov email the Courtroom Deputy] when the motion is filed to notify her of the filing; | ||
| − | #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. | + | #when notified by the Courtroom Deputy that the motion is granted, the movant must immediately 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= | =Motions to Expedite= | ||
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#a motion to expedite a hearing or consideration of a matter must state good cause for expediting; | #a motion to expedite a hearing or consideration of a matter must state good cause for expediting; | ||
#the motion must be filed as a separate pleading from the matter which is requested to be expedited; | #the motion must be filed as a separate pleading from the matter which is requested to be expedited; | ||
| − | #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. | + | #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 Mott: | In addition, to obtain an expedited hearing from, or expedited consideration by, Judge Mott: | ||
#the underlying motion that is requested to be expedited should NOT contain the negative notice permitted under Local Rule 9014(a); | #the underlying motion that is requested to be expedited should NOT contain the negative notice permitted under Local Rule 9014(a); | ||
| − | #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 | + | #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; |
#the movant must [mailto:Ronda_Farrar@txwb.uscourts.gov email the Courtroom Deputy] when the motion to expedite is filed, to notify her of the filing; | #the movant must [mailto:Ronda_Farrar@txwb.uscourts.gov email the Courtroom Deputy] when the motion to expedite is filed, to notify her of the filing; | ||
| − | #when notified by the Courtroom Deputy that the motion is granted, the movant must immediately provide notice of the expedited hearing to all interested parties and per Local Rule 9014(e), must file a certificate of service reflecting that notice was given ''prior'' to the expedited hearing. | + | #when notified by the Courtroom Deputy that the motion is granted, the movant must immediately provide notice of the expedited hearing to all interested parties, and per Local Rule 9014(e), must file a certificate of service reflecting that notice was given ''prior'' to the expedited hearing. |
=Telephonic Appearances= | =Telephonic Appearances= | ||
| − | + | Counsel may appear at a hearing by telephone when timely requested and deemed appropriate by the Court. In approving attendance by telephone, consideration will be given to the level of participation in the hearing by counsel, 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. Counsel will generally not be permitted to attend a hearing by telephone if counsel intends to present evidence, introduce exhibits, examine witnesses or make extensive legal arguments.<br> | |
| − | Persons appearing by telephone shall not use cell phones | + | To request a telephonic appearance, counsel must [mailto:Ronda_Farrar@txwb.uscourts.gov email the Courtroom Deputy] at least 48 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.<br> |
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| + | Persons appearing by telephone shall not use cell phones and shall mute any speaker phones when not speaking. While speaking during a hearing, the person shall not use speaker phones. Speakers shall identify themselves each time they speak, and speak clearly and directly. | ||
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| + | A witness will not be allowed to testify via telephone absent the advance approval of the Court and all parties participating in the hearing.<br> | ||
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| + | =Objection to Claim= | ||
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| + | The proposed order '''must''' include the claim number in the title of the order and claimant’s name and address (see [[media:Form_Objection_to_Claim_Order.pdf|Form Order Granting Objection to Claim]]). | ||
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=Motions to Extend Time to File Schedules= | =Motions to Extend Time to File Schedules= | ||
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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 [http://www.txwb.uscourts.gov/sites/default/files/file/order_case_admin_austin.pdf Court's Standing Order] and [http://www.txwb.uscourts.gov/opinions/opdf/08-11454-cag_Joe%20Requejo%20and%20Imelda%20Navarro%20Requejo_2008-09-17%2023;05;07.pdf In re Requejo]. | 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 [http://www.txwb.uscourts.gov/sites/default/files/file/order_case_admin_austin.pdf Court's Standing Order] and [http://www.txwb.uscourts.gov/opinions/opdf/08-11454-cag_Joe%20Requejo%20and%20Imelda%20Navarro%20Requejo_2008-09-17%2023;05;07.pdf In re Requejo]. | ||
| − | = | + | =Pre-Trial Orders= |
| − | + | Judge Mott expects that all parties will timely file Pre-Trial Orders in '''all''' adversary proceedings as set forth in the Scheduling Order and Appendix L-7016-a of the Local Bankruptcy Rules. | |
| − | + | =Exhibit and Witness Lists= | |
| − | + | Exhibit and Witness Lists should be timely designated and exchanged by the parties for all contested matters within 5 days before the hearing and all adversary proceedings as provided by Local Rule 7016(f). At the time such Exhibit and Witness Lists are exchanged, counsel for the designating party shall file the Exhibit and Witness Lists '''(without copies of the exhibits)''' with the Court. '''Judge Mott''' expects parties to discuss and, to the extent possible, stipulate on admission of exhibits prior to the hearing or trial. | |
| − | + | =Miscellaneous= | |
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=Forms/Links= | =Forms/Links= | ||
| − | [http://www.txwb.uscourts.gov/ | + | [http://www.txwb.uscourts.gov/sites/default/files/file/standing_order_ch13_admin_austin.pdf Standing Order for Chapter 13 Case Administration For Austin Division]<br> |
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[[media:Order_Granting_Expedited_Hearing.pdf|Form Order Granting Expedited Hearing]] | [[media:Order_Granting_Expedited_Hearing.pdf|Form Order Granting Expedited Hearing]] | ||
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| + | [[media:Order_Granting_Continuance.pdf|Form Order Granting Continuance]] | ||
Latest revision as of 09:03, 12 October 2012
[edit] Requirement for Uploading or Submitting Proposed Orders Timely and Properly
An electronic filer MUST UPLOAD a proposed order by electronic means using the Court’s Order Upload feature in the electronic filing system, at the time that any motion, application, objection to claim, and other request for relief is filed in any main bankruptcy case or any adversary proceeding. This requirement also applies to pleadings filed over the counter or by mail. Failure to timely and properly upload or submit a proposed order will result in the respective pleading being dismissed for non-compliance. See Order Adopting New Administrative Procedures for Electronic Filing entered on November 30, 2004(Section IV, E, ¶1, p. 16) entered by the Bankruptcy Court for the Western District of Texas; Local Bankruptcy Rule 9013(a).
[edit] Continuances
Per Local Rule 9014(f):
- 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;
- the motion must state good cause for the continuance;
- 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;
- 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;
- 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 and the certificate of service demonstrating notice shall be filed with the motion;
- an agreement of the parties by itself is not good cause for a continuance. Unless the Court grants the motion for continuance prior to the hearing, all parties are required to appear at the scheduled hearing.
In addition, to obtain a continuance of a hearing before Judge Mott:
- a proposed form of order granting the continuance must be uploaded (in the Expedite category via E-Orders) when the motion is filed;
- the movant must email the Courtroom Deputy when the motion is filed to notify her of the filing;
- when notified by the Courtroom Deputy that the motion is granted, the movant must immediately 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.
[edit] Motions to Expedite
Per Local Rule 9014(e), unless otherwise provided by order:
- a motion to expedite a hearing or consideration of a matter must state good cause for expediting;
- the motion must be filed as a separate pleading from the matter which is requested to be expedited;
- 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 Mott:
- the underlying motion that is requested to be expedited should NOT contain the negative notice permitted under Local Rule 9014(a);
- 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;
- the movant must email the Courtroom Deputy when the motion to expedite is filed, to notify her of the filing;
- when notified by the Courtroom Deputy that the motion is granted, the movant must immediately provide notice of the expedited hearing to all interested parties, and per Local Rule 9014(e), must file a certificate of service reflecting that notice was given prior to the expedited hearing.
[edit] Telephonic Appearances
Counsel may appear at a hearing by telephone when timely requested and deemed appropriate by the Court. In approving attendance by telephone, consideration will be given to the level of participation in the hearing by counsel, 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. Counsel will generally not be permitted to attend a hearing by telephone if counsel intends to present evidence, introduce exhibits, examine witnesses or make extensive legal arguments.
To request a telephonic appearance, counsel must email the Courtroom Deputy at least 48 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.
Persons appearing by telephone shall not use cell phones and shall mute any speaker phones when not speaking. While speaking during a hearing, the person shall not use speaker phones. Speakers shall identify themselves each time they speak, and speak clearly and directly.
A witness will not be allowed to testify via telephone absent the advance approval of the Court and all parties participating in the hearing.
[edit] 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).
[edit] 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:
- 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.
- 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).
[edit] 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.
[edit] Pre-Trial Orders
Judge Mott expects that all parties will timely file Pre-Trial Orders in all adversary proceedings as set forth in the Scheduling Order and Appendix L-7016-a of the Local Bankruptcy Rules.
[edit] Exhibit and Witness Lists
Exhibit and Witness Lists should be timely designated and exchanged by the parties for all contested matters within 5 days before the hearing and all adversary proceedings as provided by Local Rule 7016(f). At the time such Exhibit and Witness Lists are exchanged, counsel for the designating party shall file the Exhibit and Witness Lists (without copies of the exhibits) with the Court. Judge Mott expects parties to discuss and, to the extent possible, stipulate on admission of exhibits prior to the hearing or trial.
[edit] Miscellaneous
[edit] Forms/Links
Standing Order for Chapter 13 Case Administration For Austin Division
