Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form
Procedures For Obtaining Hearings In Complex Chapter 11 Cases (Exhibit E) Form. This is a Texas form and can be use in Bankruptcy Court Federal.
Loading PDF...
Tags: Procedures For Obtaining Hearings In Complex Chapter 11 Cases (Exhibit E), Texas Federal, Bankruptcy Court
EXHIBIT E.
PROCEDURES FOR OBTAINING HEARINGS
IN COMPLEX CHAPTER 11 CASES
1. Hearing on First Day Matters: Official Form for Request for Expedited
Consideration of Certain First Day Matters. Upon the filing of a complex Chapter 11
case, if the debtor has matters that require immediate emergency consideration (Afirst
day@ or Anear first day@ relief), the debtor should file a ARequest for Emergency
Consideration of Certain >First Day= Matters@ using the form of Exhibit B to the
Procedures for Complex Chapter 11 Cases (AFirst Day Hearing Request@). The first day
hearing request will be immediately forwarded by the clerk of court to the judge who has
been assigned the complex Chapter 11 case (or if there are multiple, related debtor cases,
to the judge assigned to the first-filed case). The court will hold a hearing within 2
business days for the time requested by the debtor=s counsel and the courtroom deputy
will notify counsel for the debtor of the time of the setting. If the judge assigned to the
complex Chapter 11 case is not available to hold the hearing within 2 business days of the
time requested by the debtor=s counsel, an available judge will hold a hearing within 2
business days of the time requested by the debtor=s counsel and the courtroom deputy will
notify counsel for the debtor of the time of the setting. If no judge is available to hold a
hearing within 2 business days, then a hearing date will be scheduled at the earliest
possible date that a judge is available. The debtor=s counsel should (1) serve
electronically, if the e-mail address is available (or by facsimile or immediate handdelivery), a copy of the first day hearing request on all affected parties, including the U.S.
Trustee, simultaneously with its filing; and (2) notify electronically, if the e-mail address
is available, or by fax or telephonically (or by immediate hand-delivery), all affected
parties of the hearing time on first day matters as soon as possible after debtor=s counsel
has received confirmation from the court. The court will allow parties in interest to
participate telephonically at the hearing on first day matters whenever (and to the extent)
practicable, and debtor=s counsel will be responsible for the coordination of the
telephonic participation.
2. Pre-Set Hearing Dates. The debtor may request (as one of its first day
matters or otherwise) that the court establish in a complex Chapter 11 case a weekly/bimonthly/monthly setting time (APre-Set Hearing Dates@) for hearings in the complex
Chapter 11 case (e.g., every Wednesday at 1:30 p.m.). The court will accommodate this
request for pre-set hearing dates in a complex Chapter 11 case if it appears justified.
After pre-set hearing dates are established, all matters in the complex Chapter 11 case
(whether initiated by a motion of the debtor or by another party in interest) will be set on
pre-set hearing dates that are at least 23 days after the filing/service of a particular motion
(unless otherwise requested by a party or ordered by the court) and the movant shall
indicate the hearing date and time on the face of the pleading. Movant shall advise the
courtroom deputy of all such settings prior to filing, and the courtroom deputy will advise
the movant whether there is enough time on the docket that day to accommodate the
matter.
American LegalNet, Inc.
www.FormsWorkflow.com
3. Notice of Hearing. Notice of hearing of matters scheduled for pre-set hearing
dates shall be accomplished in the following manner in each district:
Northern District: By the moving party, who shall file a notice of
hearing with a certificate of service that proper notice has been
accomplished in accordance with these procedures.
Western District: By the moving party, who shall file a certificate that
the notice has been accomplished in accordance with these procedures.
Southern District: See Southern District of Texas procedures.
Eastern District: By the moving party, who shall file a certificate that the
notice has been accomplished in accordance with these procedures.
4. Case Emergencies (Other Than the First-Day Matters). If a party in
interest has an expedited or emergency situation that it believes requires consideration on
less than 23-days= notice, the party must file and serve a separate, written motion for
expedited or emergency hearing, with respect to the underlying motion, which must
comply with the usual court requirements for explanation and verification of the need for
expedited or emergency hearing. The court will make its best effort to rule on the motion
for expedited or emergency hearing within 24 hours of the time it is presented. If the
court grants the motion for expedited or emergency hearing, the underlying motion will
be set by the courtroom deputy at the next available pre-set hearing date or at some other
appropriate shortened date approved by the court. Motions for expedited and emergency
hearings will only be granted for clear cause shown and presented with particularity in
the body of the motion.
American LegalNet, Inc.
www.FormsWorkflow.com