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Procedures For Obtaining Hearings In Complex Chapter 11 Cases (Exhibit E) - Texas
| Procedures For Obtaining Hearings In Complex Chapter 11 Cases (Exhibit E) Form. This is a Texas form and can be used in Northern District Bankruptcy Court Federal . |
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EXHIBIT E IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS Procedures for Obtaining Hearings in Complex Chapter 11 Cases I. 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 expedited consideration ("first day" or "near first day" relief), the debtor should file a "Request for Expedited Consideration of Certain `First Day' Matters" using the form of Exhibit B to the Procedures for Complex Chapter 11 Cases ("First Day Hearing Request"), and inform the courtroom deputy of the request by e-mail. The first day hearing request will be presented by the courtroom deputy 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) as soon as possible. The court 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 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. The debtor's counsel should (1) serve electronically or, for parties not receiving electronic notification, by fax (or by immediate hand-delivery) 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, or, for parties not receiving electronic notification, by fax (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. II. 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/bi-monthly/monthly setting time ("PreSet 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 American LegalNet, Inc. www.USCourtForms.com established, all matters in the complex Chapter 11 case (whether initiated by a motion of the debtor or by another party in interest) may be set by using the court's self-calendar process on the first pre-set hearing date that is 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. III. Case Emergencies (Other than the First-Day Matters). If a party in interest has an emergency or other situation that it believes requires consideration on less than 23-days' notice, the party should file and serve, a separate, written motion for expedited hearing, in respect of the underlying motion, and inform the courtroom deputy of the request by e-mail. The court may direct that the motion for expedited hearing be presented at a regular docket call of the presiding judge, or at the next available pre-set hearing date. If the court grants the motion for expedited 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 hearings will only be granted under emergency or exigent circumstances. C-ch11com-exE 2 American LegalNet, Inc. www.USCourtForms.com
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