Dawn Harden, Courtroom Deputy
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:
The self-calendaring procedure will not be available for the following:
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 debtor.
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.
NOTE: Unless otherwise noted, all hearings should be noticed for 14th Floor, Courtroom #2 in Dallas. ALL INQUIRIES SHOULD BE EMAILED TO JUDGE HOUSER'S COURTROOM DEPUTY AT BJH_SETTINGS@TXNB.USCOURTS.GOV
Preliminary hearings on Motions for Relief from Stay (all chapters)
Note: Motions to Extend the Automatic Stay may not be set on this docket. Please contact the Courtroom Deputy for a setting by sending an email to firstname.lastname@example.org. ** Contested motions for relief from the automatic stay may NOT be set on this docket if the total time estimate for both sides' presentation to the court will exceed 15 minutes. Instead, you must contact the courtroom deputy for a special setting.
Per General Order 2020-05, for motions for relief from stay set for preliminary hearing between March 16 and May 1, counsel and parties should not appear for the scheduled hearing and instead, the motion should be resolved by announcement of agreement, default, or pass to final hearing after May 1, 2020. You may make your announcement using the notice of announcement regarding lift stay motion event code or by email to the courtroom deputy. If the Court does not receive an announcement, the Court will decide the motion based on the pleadings and affidavits on file.
Preliminary Lift Stay Pass Dates - (IF REQUESTING A THIRD PASS, YOU MUST APPEAR IN COURT AT THE PRELIMINARY HEARING.)
PRELIMINARY HEARING DATES
FUTURE PASS DATES
Chapter 7 and 11 motions that comply with the self-calendaring requirements may be set on the following dates:
PER GENERAL ORDER 2020-05, PLEASE CONTACT COURTROOM DEPUTY FOR A HEARING DATE TO BE SET AFTER MAY 1, 2020.
Trial Docket Call at 1:15PM
The Week of January 13
The Week of February 10
The Week of March 9
The Week of April 13
The Week of May 11
The Week of June 8
The Week of July 13
The Week of August 10
The Week of September 8
The Week of October 13
The Week of November 9
The Week of December 7
Hearings may be conducted by teleconference only when deemed appropriate by the court. As a general rule, parties may "listen in” only and may NOT prosecute motions or objections, or give testimony, via telephone. In addition, telephonic appearances are NOT permitted for trial docket call, Chapter 13 matters, or lift stay dockets. In approving a hearing by teleconference, consideration will be given to the nature and scope of the matter before the court, associated time and cost of travel, and equity to all parties. The request shall (1) identify the attorney or party making the request by name and their role in the bankruptcy case, (2) include the reason for the request, and (3) include a direct-dial, non-cell telephone number where the party may be reached in the event the request is granted. Requests should be emailed to the courtroom deputy at email@example.com no later than 2 business days prior to the hearing.
Upon approval, the courtroom deputy will instruct the party requesting the phone appearance to provide the direct-dial telephone number of the participating party. If multiple parties are approved to appear via phone, then the court will instruct one party to arrange for a conference call operator to set up the call on a single line. Placing a call to the court late is the same as coming to court late. You will not be heard. Parties may not be added to a conference call once the hearing has commenced.
The following recommendations should be useful in enhancing the teleconference quality:
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The courtroom deputy must be notified by email when filing an emergency motion or motion for expedited hearing. Such motions should be filed in accordance with the procedures outlined in the ECF User Manual which can be found on the court’s website at: http://www.txnb.uscourts.gov/content/cmecf-user-manual
The United States Trustee’s docket is generally scheduled on the first Thursday of the month at 1:15 p.m. Settings are scheduled by Meredyth Kippes, Office of the United States Trustee.
No hearing is required for fee applications served with 24 day negative notice language, unless the court orders a hearing. After the response time has expired, if there has been no objection, pursuant to L.B.R 9007-1, a Certificate of No Objections must be filed, accompanied by the proposed order being uploaded. If an objection is filed, either email or contact the courtroom deputy to set the application for hearing. If a fee application is filed with negative notice language and counsel sets a precautionary hearing date, please allow sufficient time (at least 1 week) between the expiration of the notice period and the hearing date so that the court may review the application and enter the order.
Notice is mailed by the bankruptcy clerk’s office. No hearing is required for the trustee’s final report unless an objection is filed or the court orders a hearing. If an objection is filed, it will be set for hearing.
Motions for default judgment always require a hearing. Settings may be obtained by emailing the courtroom deputy at firstname.lastname@example.org. A time estimate for the entire hearing should be included with the request. Please schedule hearings so that there is at least 1 week between the filing of the last pleading and the scheduled hearing.
Motions for summary judgment always require a hearing. Settings may be obtained by emailing the courtroom deputy at email@example.com. A time estimate for the entire hearing should be included with the request. Please schedule hearings so that there is at least 1 week between the filing of the last pleading and the scheduled hearing.
The court strongly discourages the filing of a single adversary proceeding against multiple, unrelated defendants involving unrelated facts or transfers. To the extent that counsel believes such an adversary proceeding is appropriate and such an adversary proceeding is filed, counsel shall, prior to any docket call thereon, provide the court no later than 2 business days prior to docket call, a list or chart summarizing the status of the adversary proceeding as against each defendant – i.e., whether the defendant has defaulted, whether the defendant has agreed to a settlement, whether the defendant has been dismissed from the lawsuit, etc.
Omnibus Objections to Claims must be set for hearing. A party re-setting an omnibus objection to multiple claims shall provide the court, no later than 2 business days prior to the re-set date, with a list or chart setting forth the claims objections that remain to be determined on the reset date.
In regular, non–small business Chapter 11 cases, no order setting disclosure statement for hearing is required. Please contact the courtroom deputy for a hearing date, and then file a notice of hearing. Once the disclosure statement has been approved by the court, please contact the courtroom deputy for a confirmation hearing date to include in your order approving disclosure statement and setting the confirmation hearing.
Motions to Impose or Extend Stay are normally set to fit within the 30-day requirement imposed by the Bankruptcy Code. Please contact the courtroom deputy at firstname.lastname@example.org to obtain a setting.
All motions to reinstate must be set for hearing. In Chapter 13 cases, please contact the Chapter 13 Trustee’s office to obtain a setting on the Chapter 13 pre-hearing conference docket. In all other cases, please contact the courtroom deputy at email@example.com.
Neither negative notice language nor a hearing is required to obtain an extension of the deadline by which Schedules and Statements must be filed. Once the motion is filed, please upload via ECF a proposed form of order that includes the new date by which Schedules and Statements will be filed. The proposed extension date must be at least 7 days prior to the scheduled 341 meeting of creditors.
Please see Amended Clerk’s Notice 14-05 to make sure you are in compliance.
Neither negative notice language nor a hearing is required to reopen a case for the sole purpose of filing a financial management course certificate. The court will generate a form order once the motion is filed via ECF.
For all hearings and trials, please provide the court with 2 copies of all exhibits (1 for Chief Judge Houser and 1 for the law clerk or ECRO). This is in additional to any copies to be provided to opposing counsel or for use by witnesses. All exhibits should be clearly tabbed and marked and presented in binders. Please confer with opposing counsel regarding exhibit designations (for example, plaintiff will designate exhibits using numbers, while defendant will designate using letters).