UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
SELF-CALENDARING PROCEDURE
Judge Barbara J. Houser
Counsel may utilize a self-calendaring procedure for the scheduling of motions requiring 30 minutes or less of court time (time estimate must include estimates for the entire hearing). This procedure will allow counsel to self-select available dates and times on the appropriate judge's calendar and serve notice without contacting the courtroom deputy for a hearing setting. The court strongly encourages the use of this self-calendaring procedure when appropriate. Courtroom deputies are available, by email or telephone,to schedule non-self calendared hearings as needed.
The self-calendaring procedure for Judge Houser is as follows:
- Types of proceedings that may be set in accordance with the self-calendar procedure:
- Motions for Relief from Stay (preliminary hearings only)
- All motions in Chapter 7
Bankruptcy Terminology
chapter 7: The chapter of the Bankruptcy Code providing for "liquidation," i.e., the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors. cases (such as motions to sell property, motions to dismiss case, etc.) - Non-discovery motions in adversary proceedings (such as motions for default judgment, opposed motions for continuance)
NOTE: If all parties agree to reset a Trial Docket Call in an Adversary ProceedingBankruptcy Terminology
adversary proceeding: A lawsuit arising in or related to a bankruptcy case that is commenced by filing a complaint with the court. , fax a letter of agreement to Viola Salcido, Courtroom Deputy, at 214-753-2038 indicating the agreed continuance date. See dates below - All motions in a Chapter 11
Bankruptcy Terminology
chapter 11: A reorganization bankruptcy, usually involving a corporation or partnership. (A chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. People in business or individuals can also seek relief in chapter 11.) case which has not been designated as a complex case, Including motions for relief from stay. See guidelines, dates and times for motions for relief from stay.
- The self-calendaring procedure will not be available for the following:
- Adversary trial docket call and trial dates
The courtroom deputy will select the date and time of the trial docket call before issuing the summons and scheduling order. - Discovery motions in adversary cases
Counsel for the movant shall contact the courtroom deputy by e-mail or telephone to schedule the hearing. - Chapter 11 hearings on adequacy of disclosure statement
Bankruptcy Terminology
disclosure statement: A written document prepared by the chapter 11 debtor or other plan proponent that is designed to provide "adequate information" to creditors to enable them to evaluate the chapter 11 plan of reorganization. or confirmation of plan
Counsel for the movant shall contact the courtroom deputy by e-mail or telephone to schedule a hearing on a disclosure statement. Following the approval of the disclosure statementBankruptcy Terminology
disclosure statement: A written document prepared by the chapter 11 debtor or other plan proponent that is designed to provide "adequate information" to creditors to enable them to evaluate the chapter 11 plan of reorganization., the court will set the confirmation hearing. - Any motion requiring an order shortening time or requesting an expedited setting.
An application for an order shortening time is required before a hearing will be set.
Emergency motions will only be set after judicial review. Once Judge Houser has reviewed the motion/application, the courtroom deputy will telephone the movant with the hearing date.
NOTE: Parties requesting expedited settings must also submit the "expedited motion" form on our court's website @www.txnb.uscourts.gov (form BTXN146) - Motions for reconsideration of a previous court order.
Motions will be set for hearing. - Chapter 13 motions (other than motions for relief from stay).
Parties shall contact Tom Powers at 214-855-9200. Note: Settings must comply with Ch. 13 Office procedures and requirements. You may also obtain setting information on their website at www.13network.com - Motions in a designated complex Chapter 11
Bankruptcy Terminology
chapter 11: A reorganization bankruptcy, usually involving a corporation or partnership. (A chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. People in business or individuals can also seek relief in chapter 11.) case. - Motions for Summary Judgment
- Motion by Defendant
Bankruptcy Terminology
defendant: An individual (or business) against whom a lawsuit is filed. to Dismiss Adversary under Rule 12 - Motion to Withdraw the Reference
- Motion for Remand or Abstain
- Adversary trial docket call and trial dates
- Procedure
- In order to utilize the self-calendaring procedure, counsel should select an available date and time as shown on the calendar of available hearing settings. The lists of available dates will be regularly updated and posted on the bulletin board outside the Clerk's office and on the court's website at www.txnb.uscourts.gov. The date(s) selected must be no earlier than the notice time set by applicable national and local rules, as this self-calendaring procedure does not alter notice requirements.
-
After selecting an available date and time, counsel shall serve proper notice of the matter in accordance with applicable rules.
NOTE: If a motion for relief from stay is set by a party in accordance with the self-calendaring procedure more than 30 days after the date the motion is filed, the court deems that the party has waived the 30-day limitation established by 11.U.S.C. Sec. 362(e) and will enter an order to that effect if requested by debtorBankruptcy Terminology
debtor: A person who has filed a petition for relief under the bankruptcy laws. . - No later than one day after selecting an available date and time, counsel shall file all appropriate papers with the court with the hearing date and time on the face of the pleading.
- Once a motion is set using the self-calendaring procedure and notice served on interested parties, continuances may only be granted by motion and court order.
- Counsel should not request a confirmation call back from the courtroom deputy to confirm that the motion has been placed on the court's calendar. Counsel desiring this confirmation should review the published calendar on the court's website three business days after the filing of the motion.
- Failure to comply with the foregoing procedures will result in the matter not being placed on the court's calendar.
NOTE: Occasionally there may be instances where self-calendared motion are rescheduled possibly due to docket congestion or unforeseen schedule changes. In these instances, the courtroom deputy will contact counsel for the movant, as soon as possible, so that a notice of rescheduled hearing may be issued and served.
Viola Salcido, Courtroom Deputy to Judge Houser
bjh_settings@txnb.uscourts.gov
Telephone: (214) 753-2059
NOTE: Unless otherwise noted, all hearings should be noticed for 14th Floor, Courtroom #2 in Dallas.
-
Preliminary hearings on Motions for Relief from Stay (all chapters)
Note: Motions to Extend the Automatic StayBankruptcy Terminology
automatic stay: An injunction that automatically stops lawsuits, foreclosure, garnishments, and all collection activity against the debtor the moment a bankruptcy petition is filed. may not be set on this docket. Use a self-calendaring date or contact Courtroom Deputy for settingMotions filed betweenPreliminary Hearing dateOct 12 - Oct 18Nov 3 @1:30Oct 19 - Oct 25Nov 10 @11:00 - TO BE HEARD BY JUDGE HALEOct 26 - Nov 1Nov 24 @1:15Nov 2 - Nov 8Dec 1 @1:30Nov 9 - Nov 15Dec 8 @1:15Nov 16 - Nov 22Dec 8 @1:15Nov 23 - Nov 29Dec 22 @1:15 -
Motions that comply with the self-calendaring requirements may be set on the following dates:
November 25, 2009 @1:15 p.m.
December 16, 2009 @1:15 p.m.
December 29, 2009 @3:15 p.m. -
Trial Docket Call
2009Trial Docket Call & Trial Dates for 2009 @1:15 p.m. Trial Docket Call Trial Date January 6 The week of January 12 February 3 The week of February 9 March 3 The week of March 9 April 7 The week of April 13 May 5 The week of May 11 June 2 The Week of June 8 July 7 The week of July 13 August 4 The week of August 10 September 1 The week of September 7 October 6 The week of October 12 November 3 The week of November 9 December 1 The week of December 7 2010Trial Docket Call & Trial Dates for 2010 @1:15 p.m.Trial Docket CallTrial DateJanuary 5The week of January 11February 2The week of February 8March 2The week of March 8April 6The week of April 12May 4The week of May 10June 1The Week of June 7July 6The week of July 12August 3The week of August 9September 7The week of September 13October 5The week of October 11November 2The week of November 8December 7The week of December 13