Home > Judges > Harlin D Hale > Self Calendaring Procedures - Wichita Falls

UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF TEXAS
WICHITA FALLS DIVISION
SELF-CALENDARING PROCEDURE
Judge Harlin D. Hale

Counsel may utilize a self-calendaring procedure for the scheduling of motions/applications in the Wichita Falls division. 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.

If you anticipate that your matter will take more than one hour of court time, please advise Jodie Chapman, Courtroom Deputy to Judge Hale by e-mail at HDH_Settings@txnb.uscourts.gov at least two business days prior to the docket call.

The self-calendaring procedure for Wichita Falls is as follows:

1. Types of proceedings that may be set in accordance with the self-calendar procedure:

    

   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. and 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.) cases EXCEPT:
   • 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 Hale has reviewed the motion/application, the courtroom deputy will telephone the movant with the hearing date, if granted.

     NOTE: Parties requesting expedited settings must also submit the "expedited motion" form on our court's website @www.txnb.uscourts.gov (BTXN 146 - Motion For Setting and Request for Expedited Hearing) and upload a proposed order.

   • Motions to reconsider a previous Court order.

     Motions to reconsider will be set only after judicial review and the court determines a hearing is necessary.

   • Chapter 11 confirmation hearings

     Following the approval of the 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., the court will set the confirmation hearing.

   • 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.
2. The self-calendaring procedure will not be available for the following:
   • Chapter 13 motions (except motions to lift stay) may not be self calendared. Parties shall contact the Chapter 13

     Bankruptcy Terminology

     chapter 13: The chapter of the Bankruptcy Code providing for adjustment of debts of an individual with regular income. (Chapter 13 allows a debtor to keep property and pay debts over time, usually three to five years.) Trustee

     Bankruptcy Terminology

     trustee: The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the United States trustee or Bankruptcy Administrator. , Walter O'Cheskey at 806-748-1980. Note: Settings must comply with Chp. 13-12 office procedures and requirements. You may also obtain setting information on their website for dates and times at http://extranet.ch13-12westtex.org/
3. Procedure
   • In order to utilize the self-calendaring procedure, counsel should select an available date and time as shown on the calendar of available dates for the Wichita Falls Division on the courts 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 motion in accordance with applicable rules.

     NOTE: If a motion for relief from stay is set by a party in accordance with the self-calendaring procedures 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 debtor

     Bankruptcy Terminology

     debtor: A person who has filed a petition for relief under the bankruptcy laws. .

   • No later than one day after service, counsel shall file all appropriate papers with the court with the hearing date and time on the face of the pleadings, and a separate notice of hearing with certificate of service.
   • 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 need not request a confirmation call back from the courtroom deputy to confirm that the motion has been placed on the Court's calendar. The official court calendar will be posted on the Wednesday prior to the scheduled date.
   • Failure to comply with the foregoing procedures will result in the motion not being placed on the court's calendar.

NOTE: Occasionally there may be instances where self-calendared matters are rescheduled possibly due to docket congestion or unforseen 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.

For 2008, all self calendared matters in the Wichita Falls Division shall be set on the court's dockets as determined by the type of setting and the type of case as shown below:

Dates for Trial Docket Calls, Status Conferences and General Matters –

CHAPTERS 7/11/12*

July 22, 2009 at 9:00 (Live Docket)
August 19, 2009 at 11:00 (Video Docket)
September 16, 2009 at 9:00 (Live Docket)
October 28, 2009 at 9:00 (Live Docket)
November 18, 2009 at 11:00 (Video Docket)
December 16, 2009 at 9:00 (Live Docket)

 

Dates for Motions to Lift Stay - CHAPTERS 7/11/12

July 22, 2009 at 9:00 (Live Docket)
August 19, 2009 at 11:00 (Video Docket)
September 16, 2009 at 9:00 (Live Docket)
October 28, 2009 at 9:00 (Live Docket)
November 18, 2009 at 11:00 (Video Docket)
December 16, 2009 at 9:00 (Live Docket)
 

CHAPTER 13 LIFT STAY MOTIONS-(See #2 for info on other 13 motions)
Dates for Motions to Lift Stay - CHAPTER 13

Bankruptcy Terminology

chapter 13: The chapter of the Bankruptcy Code providing for adjustment of debts of an individual with regular income. (Chapter 13 allows a debtor to keep property and pay debts over time, usually three to five years.)

July 22, 2009 at 11:00 (Live Docket)
August 19, 2009 at 11:00 (Video Docket)
September 16, 2009 at 11:00 (Live Docket)
October 28, 2009 at 11:00 (Live Docket)
November 18, 2009 at 11:00 (Video Docket)
December 16, 2009 at 11:00 (Live Docket)

NOTE: Hearings for the Wichita Falls Division live docket should be noticed for Room 222, 1000 Lamar St., U.S. Federal Courthouse, Wichita Falls, TX 76301. Hearings for the Wichita Falls Division video docket should be noticed for Room 208 , 1000 Lamar St., U.S. Federal Courthouse, Wichita Falls, TX 76301. Documents not filed electronically should be submitted on diskette in the Dallas Bankruptcy Clerk's Office at 1100 Commerce St., Room 1254, Dallas, TX 75242

Jodie Chapman, Courtroom Deputy to Judge Hale
hdh_settings@txnb.uscourts.gov
Telephone: (214) 753-2060
Fax: (214) 753-2072

 

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