1. Compliance with Local Rules

All parties and their counsel are expected to comply with the Bankruptcy Code, Local Bankruptcy Rules, the Local Rules for the Western District of Texas (as applicable), the Federal Rules of Civil Procedure, and the Texas Disciplinary Rules of Professional Conduct. Particular attention should be paid to the following: Local Bankruptcy Rules 9010-1 and 9011-1. If counsel fails to appear on behalf of a client, an order to show cause may be issued requiring counsel to come before the Court and explain why counsel failed to respond or why counsel did not seek leave to withdraw as counsel.

2. Remote Attendance Policy

The following hearings will be held on a HYBRID BASIS:

1. Non-evidentiary, uncontested, or unopposed evidentiary matters;
2. Matters set sua sponte by Judge Thomas unless the Order specifically requires in person appearance;
3. Hearings on reaffirmation agreements;
4. Expedited motions for extension of the automatic stay pursuant to 11 U.S.C. § 362(c)(3); and
5. Chapter 11 “first day” motions.

For such matters, parties may appear, at their discretion, either remotely or in person, unless the Court orders otherwise. Remote appearances shall be made using the Zoom link detailed below. 

All EVIDENTIARY, CONTESTED, OR OPPOSED trials or hearings will be held IN PERSON, unless the Court orders otherwise.    

Please review the procedures for remote appearances, detailed below, with care.  The Court reserves the right to disconnect or place on mute any attendee who causes any disruption to the proceedings before the Court or any party who fails to comply with the Court’s remote attendance procedures detailed herein.   

1. Zoom Information: You can enter Judge Thomas’s virtual courtroom by clicking on this link: https://www.zoomgov.com/my/thomas.txwb or by using the Zoom Workplace App and entering Zoom Meeting ID: 160 8446 6872. Remote participants must appear by video. Non-video, telephone-only, appearances are not permitted. 
2. Virtual Courtroom Guidelines: Instructions and rules for appearing at a hearing via Zoom are set forth in the Virtual Courtroom Guidelines for Users. Additionally, any party who wishes to appear remotely must list their full name and the case in which they are appearing to ensure the Courtroom Deputy admits them to the hearing room. Any party that cannot be identified in the Zoom waiting room will not be admitted. Last, remote participants should appear from locations that are fixed, well-lit, and with no background noise. The Court does not allow testimony from automobiles or non-fixed locations. 
3. Virtual Courtroom Decorum: Please mute your audio connection immediately upon joining the meeting remotely (counsel should advise their clients and witnesses to do the same) to avoid interrupting other hearings that may be in progress. Once your case is called, you may unmute your audio connection when the Court requests appearances or asks you to speak. Please do not use speaker phone, as it can cause feedback (headphones or earbuds are permitted for virtual appearances). Parties and their attorneys should dress professionally, in the same manner as if they were appearing in person in the courtroom. 
4. Witnesses Testifying Remotely: All testifying witnesses must appear by video, separate from counsel. Witnesses shall be segregated during testimony and may not reference written materials or information stored on a personal electronic device unless such materials or information are presented to them during the hearing or trial electronically.
5. Exceptions: If a party wants to deviate from Judge Thomas’ remote attendance policy (for example, by having a witness testify remotely during an in-person hearing or by having a party appear only by telephone instead of video), such relief should be sought by filing an appropriate motion or stipulation detailing what accommodations are being requested and why the party (or parties) is requesting an exception to this Court’s remote attendance policy.  The Court may grant the request on an ex parte basis. Any such requests should be made at least one week in advance of the hearing date. Please do not contact chambers asking for last-minute exceptions.
6. Emergency/Expedited Hearings:  Any party filing a motion for expedited or emergency hearing should include whether they anticipate the relief being unopposed (and therefore the default would be to hold a hybrid hearing). If the relief is opposed or the moving party is unsure if it will be opposed, the party should state whether they will proceed in person or are seeking an exception to this Court’s remote attendance policy.  The party may combine a motion for expedited hearing with a request for an exception to this Court’s remote attendance policy, as outlined in number 5 above, even if the request is made less than one week prior to the requested hearing date. 
7. Disclaimer: The Court cannot and does not guarantee that telephonic service and computer connectivity will not be interrupted during the course of a hearing. Those who elect to participate in a hearing by remote means (if the hearing is being conducted in live format) do so at their own risk, understanding that, except in extremely rare circumstances, the Court will not entertain a request for continuance of the hearing based upon technological failure or any disadvantage experienced on account of an election to attend remotely instead of in person. 
8. Notice to Members of the Public: While the Judicial Conference of the United States relaxed its broadcasting policies during the COVID-19 Pandemic due to restrictions placed on in-person attendance at hearings and trials, these policies expired on September 21, 2023. As a result, remote video access to Court hearings shall only be available for case participants (parties-in-interest and their professionals), and non-case participants are not permitted to attend any hearing by remote video means. In certain circumstances, non-case participants may be permitted to attend proceedings by remote audio means, but only if no witness testimony is to be provided. The presiding judge may take any action deemed necessary or appropriate to address any unauthorized remote attendance at a hearing or trial. For the avoidance of doubt, members of the public will continue to be generally permitted to attend proceedings in person, in the courtroom.

3. Exhibits

For any contested matter, parties should file a witness and exhibit list at least five days before the hearing. Attaching documents to your motion or response does not fulfill this requirement. Any evidence that you wish to be admitted at a hearing must be listed on a properly filed witness and exhibit list.

Electronic presentation of exhibits is highly encouraged but not mandatory. In accordance with Local Rule 7016-1, parties may file all exhibits on the CM/ECF docket as an attachment to a witness and exhibit list, in lieu of providing trial exhibit binders. If exhibits are properly filed on the CM/ECF docket, a party is not required to provide paper copies for Judge Thomas, the courtroom deputy, the law clerks, opposing counsel, or the witnesses. Care should always be taken, however, to provide a copy of all exhibits to any pro se party in the format (either electronic or paper copy) most convenient for the pro se party. Importantly, the Court will not review any exhibit filed on the CM/ECF docket until it is offered and admitted into evidence during the hearing.

If a party would like to use electronic exhibits but does not want to file exhibits on the CM/ECF docket, the party may email the exhibits, copying opposing counsel, to the law clerks or may provide three flash drives containing the exhibits to the Courtroom Deputy prior to the hearing. 

Courtroom #3 (Judge Thomas’s Courtroom) is equipped with HDMI cables to allow attorneys to display electronic exhibits and demonstrative presentations on the Court’s TV monitors. Electronic exhibits will also 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 HDMI cables, one of which is available at each counsel table and the podium. Most PCs support HDMI 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.

If a party is using paper exhibits, please provide four separate binders (Judge, Courtroom Deputy, Law Clerk, and witness) with each proposed exhibit marked/tabbed accordingly.

4. Ex Parte Relief

As long as the motion does not contain “negative notice” wording, the Court will consider the following requests on an ex parte basis:

1. Motions for admission pro hac vice, pursuant to Local rule 2090-1;
2. Motions to expedite hearings under Local Rule 9014-1(e);
3. Motions for employment or substitution of counsel or other professional under Local Rule 2014-1(d) (with corresponding proposed orders that provide for a 21-day objection period to employment order);
4. Stipulated motions to allow for monthly retainer deposit for Subchapter V trustee, filed in accordance with the WDTX Subchapter V Procedures, § VI(B);
5. Motions to dismiss a case pursuant to 11 U.S.C. § 521(i)(2) and Local Rule 1017-1(c);
6. Motion to delay entry of discharge in chapter 7 under Bankruptcy Rule 4004(c)(2);
7. Motions to restrict or redact pursuant to Bankruptcy Rule 9037;
8. Motions for an extension of time to file required documents under Local Rule 1007- 1(d);
9. Motions for continuance under Local Rule 9014-1(f);
10. Motions to shorten notice pursuant to Bankruptcy Rule 2002;
11. Motions to enlarge time except as provided in Bankruptcy Rule 9006(b)(3);
12. Motions for new trial pursuant to Bankruptcy  Rule 9023;
13. Motions for reconsideration pursuant to Bankruptcy  Rule 9024; and
14. Motions to conduct hearing remotely or in a manner that deviates from the Remote Attendance Policy set forth in section II(5) above.

5. Continued and Expedited Hearings

Prior to filing a motion for continuance or for expedited hearing, counsel should review Local Rule 9014-1(e) & (f) to ensure compliance with all requirements of such motions. In addition to those requirements, when a party seeks an order granting an expedited hearing or a continued hearing date, a party must email the Courtroom Deputy when the motion to expedite or for continuance is filed to notify her of the filing. Upon notice by the Courtroom Deputy that the motion has been granted, the movant must provide notice of the hearing to all interested parties and must file a certificate of service reflecting that notice.

6. Hearings on Motions for Relief from Stay

Although the Court automatically sets hearings on all motions of relief from stay, if no response opposing the motion is filed during the negative notice period or an agreed order is submitted by the parties, Judge Thomas may sign the proposed order after the expiration of the negative notice period and prior to the hearing.  If Judge Thomas signs an order on the motion for relief from stay prior to the hearing date, the hearing shall be deemed vacated and any appearance by the parties is excused.

7. Chapter 11 Confirmation Hearings

1. Proposed Confirmation Orders. While Local Rule 9013-1(b) does not require proposed confirmation orders to be filed, draft orders are often circulated to and negotiated among select parties. To provide notice of this process, Judge Thomas expects that proposed confirmation orders should be filed, and as revisions are made, that such revisions be circulated to counsel for any official committees, the Office of the United States Trustee, and any parties having objected to the plan or in active negotiations regarding provisions of the plan. Prior to a hearing, she would like the most recent draft to be filed on the docket with a cover sheet titled “Notice of Filing Proposed Order.” This notice should be filed using the <document> event in CM/ECF and linked to the plan. It should also include a “redline” showing any changes made since the original proposed order was circulated. 
2. Proffers of Testimony. Depending on the complexity of the case, Judge Thomas believes that a written declaration of the testimony, signed under penalty of perjury, in support of the elements of section 1129 or, as applicable, section 1191, can help expedite the hearing. In some cases, Judge Thomas may request such a proffer of the plan proponent. If she does so, or if you decide on your own to submit a proffer, please file the written declaration with the court, preferably the day before the confirmation hearing. 

8. Prohibition of Gifts to Judge Thomas and Staff

Judge Thomas will not accept any gift or any item more costly than a simple greeting card from any person who appears in her court or any employee of the federal government. Parties who appear in Judge Thomas’ court may not give gifts to Judge Thomas’ staff. All affected persons should therefore refrain from making any gift contrary to this policy.

9. Courtroom Attire

Courtroom attire should be appropriate to the dignity of the United States Bankruptcy Court. For all lawyers, experts, and witnesses appearing in the capacity of an officer or other business representative, this means professional attire. See also, District Court Rule AT-5(b). Individual debtors and parties in interest should dress in a presentable manner appropriate to their means. All should dress for video hearings in the same manner as in the courtroom.

10. Food and Beverages in the Courtroom

While food is not permitted in the courtroom, parties are free to bring in water or coffee (preferably in a reusable container) as long as the drink is in a spill-proof cup.

11. Junior Lawyers in Court

Judge Thomas recognizes the importance of providing opportunities for junior lawyers to gain experience and training in courtroom skills. Accordingly, it is the policy of Judge Thomas that when junior lawyers are familiar with the matter before the Court—but are not experienced in courtroom presentation—they should be encouraged to attend and participate. In such circumstances, where it creates an opportunity for a junior lawyer to argue, Judge Thomas is amenable to permitting more than one lawyer to argue for a party.

Other opportunities for junior lawyers include (1) attending and participating in first-day matters in chapter 11 cases and presenting some of the motions before the Court, and (2) presenting other uncontested matters. Regarding (2), Judge Thomas does not consider it a waste of judicial time for a junior lawyer to handle an uncontested matter in an efficient manner.

12. Law Clerks and Interns  (This pertains to Judge Thomas alone.)

1. Judge Thomas selects two law clerks to serve either a one or two-year term, depending on the needs of chambers. She also hopes to bring second- or third-year law students into chambers to work as interns with her law clerk. The law clerks interview, select, and supervise these judicial interns.
2.  If the law clerk or intern accepts a job while working with Judge Thomas, that law clerk or intern must immediately notify Judge Thomas and may not thereafter work for Judge Thomas on any matter involving the law firm or employer. Judge Thomas’s interns may not be employed by a law firm or legal department during an internship with her.
3. Upon the conclusion of their service with the Court, a law clerk shall not, (1) for a period of one year, appear before Judge Thomas or sign any pleading filed in connection with a case or adversary proceeding assigned to Judge Thomas; and (2) ever work on any case or adversary proceeding which was pending before Judge Thomas while they were working with Judge Thomas.
4. Nothing stated above is meant to disqualify a law clerk’s or intern’s future employer from appearing before Judge Thomas. The law clerk, intern and/or employer are expected, however, to make appropriate arrangements to screen Judge Thomas’s former law clerk or intern from participation in such matters.