UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF TEXAS
ABILENE, AMARILLO, LUBBOCK AND SAN ANGELO DIVISIONS
SELF-CALENDARING PROCEDURE
Judge Jones will permit counsel to utilize a self-calendaring procedure for the scheduling of certain matters (see list below). This will allow counsel to self-select available dates and times on the calendar and serve notice without contacting the courtroom deputy for a setting. The court strongly encourages the use of this self-calendaring procedure when appropriate.
The courtroom deputy is available, by e-mail or telephone, to schedule non-self-calendared hearings as needed and to assist first time users. (See below).
If you anticipate that your matter will take more than two hours to hear, please advise Julie Combs, Courtroom Deputy to Judge Jones, of such at least three business days prior to the docket call.
The self-calendaring procedure for cases before Judge Robert L. Jones is as follows:
- Proceedings that may be set in accordance with the self-calendaring procedure:
Any motion or pleading with negative notice language that has drawn an objection*
Application for Compensation
Motion for Use of Cash Collateral
Motion for Default Judgement
Motion for Relief from Stay (all hearings are final hearings and all motions must include the notice required by the Attorney Desk Reference)
Motion for Summary Judgment
Motion for More Definite Statement
Motion for Change of Venue
Motion to Remand
Motion to Consolidate
Motion to Vacate DischargeBankruptcy Terminology
discharge: A release of a debtor from personal liability for certain dischargeable debts. (A discharge releases a debtor from personal liability for certain debts known as dischargeable debts (defined below) and prevents the creditors owed those debts from taking any action against the debtor or the debtor's property to collect the debts. The discharge also prohibits creditors from communicating with the debtor regarding the debt, including telephone calls, letters, and personal contact.)
Motion to Appoint TrusteeBankruptcy 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.
Motion to Sell
Motion to Borrow/Incur Debt/Obtain Credit
Motion to Dismiss Chapter 13Bankruptcy 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.) Case by CreditorBankruptcy Terminology
creditor: A person to whom or business to which the debtor owes money or that claims to be owed money by the debtor.*See Local Bankruptcy Rule 9007.1
- The self-calendaring procedure is not available for matters not included on the above list, including 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 hearings. - Chapter 11 hearings on 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
The notice and opportunity for a hearing procedure may be used for approval of a disclosure statement. 11 U.S.C. 102. The form and requirements are contained in LBR 9007.1. Twenty-five days notice is required. Bankruptcy Rule 2002(b). Along with the disclosure statement, submit a proposed order approving the disclosure statement with a blank space for the last day to object to the plan and blank spaces for the hearing date and time of the confirmation hearing. After 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 courtroom deputy will fill in the appropriate dates and time. - Any matter requiring an order shortening time or requesting an expedited hearing
An application for an order shortening time is required before an expedited hearing will be set. Please provide a proposed order with the hearing date left blank and the court will fill in the hearing date. - Motions to Reconsider
Motions to Reconsider will be set only after judicial review, if the court deems a hearing is necessary.
- Adversary trial docket call and trial dates
- Procedure
- In order to utilize the self-calendaring procedure, counsel should select and include in the pleading 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 court's website at www.txnb.uscourts.gov. The date(s) selected must be no earlier than the notice time set by applicable federal and local rules, as this self-calendaring procedure does not alter notice requirements. To view matters already calendared for a specific day on the court's docket, click on the appropriate link.
- After selecting an available date and time, counsel shall serve proper notice of the matter in accordance with applicable rules. The setting information must be served the same day it is obtained from the website.
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).
- 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 pleading.
- Once a matter is set using the self-calendaring procedure and notice served on interested parties, continuances requested prior to the hearing date may only be granted by motion and court order.
- Counsel need not request callbacks from the courtroom deputy to confirm that matters have been placed on the calendar. Counsel desiring this confirmation should review PACER to verify that the hearing information has been docketed. (To sign up for PACER, contact the PACER Service Center at www.pacer.psc.uscourts.gov.)
- 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 matters 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.
LUBBOCK DIVISION:
All self-calendared matters for Lubbock are set on the court's regularly scheduled dockets. After Judge Jones calls the docket, he will assign the order of hearings for all matters requiring a hearing. For the court's Chapter 13Bankruptcy 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.) dockets, hearings are usually held immediately following the docket call. For all other dockets (matters in Chapter 7Bankruptcy 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. , 11, and 12 cases), the court reserves the day of the docket call and the following two days for hearings.
TIMES FOR LUBBOCK DOCKETS:
- Motions in 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.) cases shall be set @ 9:00 A.M. on the scheduled date. - 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. , 11 and 12 cases, as well as motions in Adversary Proceedings, shall be set @ 1:30 P.M. on the scheduled date.
DATES FOR LUBBOCK DOCKETS:
September 23, 2008
October 15, 2008
November 18, 2008
December 17, 2008
NOTE: Hearings for the Lubbock Division should be noticed for Room 314, 1205 Texas Avenue, Lubbock, TX. Documents are to be filed in Room 306, 1205 Texas Avenue, Lubbock, TX 79401.
ABILENE, AMARILLO AND SAN ANGELO DIVISIONS:
All self-calendared matters in the Abilene, Amarillo and San Angelo Divisions shall be set on the court's regularly scheduled video dockets. After the docket, Judge Jones will assign the date and time of hearings for all matters requiring a live hearing before the judge. The court generally reserves the following Monday and Tuesday at the division for the live hearings. To view the actual dates that have been set aside for live hearings, refer to Judge Jones's Gazette under the calendar button on the court's website at www.txnb.uscourts.gov.
If a matter requires a live hearing, witnesses are not expected to appear at the video docket. Attorneys must appear and provide an estimate of time needed for hearing. Judge Jones will allow certain matters (15 minutes or less) to be heard by video; such matters will be heard immediately following the docket.
TIMES FOR ALL VIDEO DOCKETS:
- Motions in Chapter 12
Bankruptcy Terminology
chapter 12: The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer," as that term is defined in the Code. and 13 cases shall be set @ 11:00 A.M. on the scheduled date. - 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 11 cases, as well as motions in Adversary Proceedings, shall be set @ 1:30 P.M. on the scheduled date.
ABILENE VIDEO DATES:
October 01, 2008
October 29, 2008
December 03, 2008
NOTE: Hearings for the Abilene Division should be noticed for Room 2201, 3rd and Pine, Abilene, Texas. Documents are to be filed in Room 306, 1205 Texas Avenue, Lubbock, TX 79401.
AMARILLO VIDEO DATES:
September 11, 2008
October 09, 2008
November 06, 2008
December 11, 2008
NOTE: Hearings for the Amarillo Division should be noticed for Room 100, 624 South Polk St., Amarillo, Texas. Documents are to be filed in the Amarillo Clerk's office or mailed to P.O. Box 15960, Amarillo, TX 79105-0960.
SAN ANGELO VIDEO DATES:
October 02, 2008
October 30, 2008
December 04, 2008
NOTE: Hearings for the San Angelo Division should be noticed for Room 102A, 33 East Twohig, San Angelo, Texas. Documents are to be filed in Room 306, 1205 Texas Avenue, Lubbock, TX 79401.
JUDGE ROBERT L. JONES
Julie Combs, Courtroom Deputy to Judge Jones
rlj_settings@txnb.uscourts.gov
Telephone: (806) 472-5006