Jenni Bergreen, Courtroom Deputy
(214) 753-2060
The Northern District will permit counsel to utilize a self-calendaring procedure for the scheduling of motions requiring 15 minutes or less of court time. 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.
FBA Young Lawyers in Court Initiative
The Bankruptcy Court for the Northern District of Texas recognizes the importance of providing opportunities for junior lawyers to gain experience and training in courtroom skills. Accordingly, it is the policy of this Court that, where junior lawyers are familiar with the matter before the Court, but are not experienced in arguing in court, they should be encouraged to attend and participate. In such circumstances, where it creates an opportunity for a junior lawyer to argue, this Court is amenable to permitting more than one lawyer to argue for a party.
Other opportunities for junior lawyers include attending and participating in first-day matters in Chapter 11 cases and presenting some of the motions before the Court, going over the agenda with the Court for cases in which more than one hearing is scheduled, and attending to other uncontested matters. On the latter point, this Court does not consider it a waste of judicial time for a junior lawyer to handle in an efficient manner an uncontested matter.
The self-calendaring procedure for Judge Everett 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:
NOTE: Occasionally there may be instances where self-calendared motions 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 filed and served.
Unless otherwise noted, all hearings should be noticed for Judge Everett's Courtroom, 1100 Commerce Street, 14th Floor, Courtroom #3, Dallas, TX 75242.
Preliminary hearings on Motions for Relief from Stay (and Motions to Extend Stay - with 24-day notice)
All matters relating to Chapter 13 main cases will be heard on designated days (generally Thursdays).
NOTE: All matters shall be noticed for an 8:30 a.m. pre-hearing conference at 105 Decker Court, Suite 120, 1st Floor, Irving, Texas 75062. The Court will hear unresolved matters at 2:00 p.m. on the same day via WebEx: https://us-courts.webex.com/meet/everett; Dial-in (US/Canada): 1-650-479-3207; Access code: 476 420 189
4/25/2024 5/30/2024 6/27/2024
Motions that comply with the self-calendaring requirements (including Motions to Extend Stay - with 24-day notice) with an estimated time of 15 minutes or less:
4/17/2024 at 9:30 AM (Wed) 4/25/2024 at 10:30 AM (Thu) 5/2/2024 at 9:30 AM (Thu) 5/16/2024 at 9:30 AM (Thu) 5/22/2024 at 9:30 AM (Wed) 5/30/2024 at 10:30 AM (Thu)
Telephonic and Videoconference Hearing Policy
1. General Information. The Court is currently providing remote access to hearings through the Court’s WebEx videoconference facilities. Parties, counsel, and other parties in interest are permitted to attend and participate in hearings by telephone and videoconference without prior permission of the Court subject to compliance with the procedures and requirements set forth herein. Those who plan to actively participate in a hearing are encouraged to attend the hearing in the WebEx video mode using the WebEx video link below. Those who will not be seeking to introduce any evidence at the hearing and who wish to attend in a telephonic-only mode may attend the hearing in the WebEx telephonic-only mode using the WebEx dial-in and access code below.
For WebEx Video Participation/Attendance:
Link: https://us-courts.webex.com/meet/everett
For WebEx Telephonic Only Participation/Attendance:
Dial-In: 1-650-479-3207 Access Code: 476 420 189
2. Witness Testimony. Witnesses may not provide testimony by telephone alone (i.e. without the WebEx video function activated) except in extremely rare, emergency situations in which the Court determines that cause exists to waive the prohibition or where such form of testimony has been pre-authorized by the Court.
3. Protocol for Joining Hearing; Conduct During Hearing. Attendees should join the WebEx hearing at least 10 minutes prior to the hearing start time. Please be advised that a hearing may already be in progress and the Court’s telephonic and videoconference lines are live. During hearings, attendees are required to keep their lines on mute at all times that they are not addressing the Court or otherwise actively participating in the hearing. The Court reserves the right to disconnect or place on permanent mute any attendee who causes any disruption to the proceedings before the Court. For general information and tips with respect to WebEx participation and attendance, please see Clerk’s Notice 20-04 at: https://www.txnb.uscourts.gov/sites/txnb/files/hearings/Webex%20Information%20and%20Tips_0.pdf
4. Exhibits. Parties must file an exhibit list in ECF with a true and correct copy of each designated exhibit filed as a separate, individual attachment thereto so that the Court and all participants have ready access to all designated exhibits. In addition for evidentiary hearings, when more than ten exhibits have been filed in ECF or when the total page count of all exhibits exceeds 500 pages, Judge Everett requests a thumb/USB drive be delivered to him prior to the hearing at: U.S. Bankruptcy Court, Attn: Stephen Manz, 1100 Commerce Street, Room 1254, Dallas, TX 75242. Paper copies of exhibits are not encouraged; however, paper copies may be provided to the witness(s) at an in-person hearing if preferred.
5. Disclaimer. The Court cannot and does not guarantee that telephonic service and computer connectivity will not be interrupted during the course of a hearing. Those who elect to participate in a hearing by remote means do so at their own risk understanding that except in extremely rare circumstances the Court will not entertain a request for continuance of the hearing based upon technological failure or any disadvantage experienced on account of an election to attend remotely instead of in person.
Telephone Etiquette: To ensure the quality of the call and recording of the proceedings, a landline should be used if at all possible. For the integrity of our digital recording of the record, the speaker option should not be used; this applies when using a land line or a cell phone. The mute feature on your telephone should be used unless you are speaking on the record. On every occasion before speaking, you must identify yourself for the Court.
Exceptions to Phone Participation: The Court will not permit the examination of witnesses via telephone. Counsel wishing to examine witnesses must appear in person in the courtroom or via Webex video with the camera enabled. Exceptions must be requested via an email to swe_settings@txnb.uscourts.gov and will be considered on a case-by-case basis by Judge Everett.
Trial Docket Call & Trial Dates
Trial Week
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 Jenni Bergreen, Courtroom Deputy to Judge Everett, by e-mail at swe_settings@txnb.uscourts.gov at least two business days prior to the docket call.
The Bankruptcy Court for the Northern District of Texas recognizes the importance of providing opportunities for junior lawyers to gain experience and training in courtroom skills. Accordingly, it is the policy of this Court that, where junior lawyers are familiar with the matter before the court, but are not experienced in arguing in court, they should be encouraged to attend and participate. In such circumstances, where it creates an opportunity for a junior lawyer to argue, this Court is amenable to permitting more than one lawyer to argue for a party.
Other opportunities for junior lawyers include attending and participating in first day matters in chapter 11 cases and presenting some of the motions before the court, going over the agenda with the court for cases in which more than one hearing is scheduled, and attending to other uncontested matters. On the latter point, this Court does not consider it a waste of judicial time for a junior lawyer to handle in an efficient manner an uncontested matter.
The self-calendaring procedure for Wichita Falls is as follows:
Types of proceedings that may be set in accordance with the self-calendar procedures:
All motions in Adversary Proceedings, Chapter 7, and Chapter 11 cases (including Motion For Relief From Stay) EXCEPT AS NOTED BELOW:
The self-calendaring procedures for Chapter 13 cases:
Chapter 13 Chapter motions (except motions for relief from stay) may not be self-calendared. Parties shall contact the Chapter 13 Trustee, Katherine Davis, at 806-748-1980. Note: Settings must comply with Chp. 13 office procedures and requirements. Setting information may also be obtained on their website at www.ch13-12westtex.org .
Procedure
NOTE: 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 an amended notice of hearing may be filed.
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:
CHAPTERS 7, 9, 11, Adversary Proceedings - trial docket call, trial, status conference, applications, motions (including motions for relief from stay)
April 18, 2024 at 9:00 AM (Live Docket Room 222) May 23, 2024 at 9:00 AM (Live Docket Room 222) June 13, 2024 at 10:00 AM (Video Docket) - Webex hearing link: https://us-courts.webex.com/meet/everett . Dial-ins (US/Canada): 1-650-479-3207, Access Code: 476 420 189. The Court requests parties review the Webex Hearing Instructions prior to the hearing. The Webex Hearing Instructions may be accessed here: https://www.txnb.uscourts.gov/judges-info/hearing-dates/judge-everetts-hearing-dates
CHAPTER 13 (and CHAPTER 12) matters including Motions for Relief from Stay, to Extend Stay, and to Impose Stay
April 18, 2024 at 10:00 AM (Live Docket Room 222) May 23, 2024 at 10:00 AM (Live Docket Room 222) June 13, 2024 at 10:00 AM (Video Docket) - Webex hearing link: https://us-courts.webex.com/meet/everett . Dial-ins (US/Canada): 1-650-479-3207, Access Code: 476 420 189. The Court requests parties review the Webex Hearing Instructions prior to the hearing. The Webex Hearing Instructions may be accessed here: https://www.txnb.uscourts.gov/judges-info/hearing-dates/judge-everetts-hearing-dates
PRE-HEARING CONFERENCES:
Chapter 13 matters which require a pre-hearing conference shall be noticed for 8:30 AM at Go-To: https://meet.goto.com/110600453 . Dial in (for audio only): 1 (646) 749-3122 (US); Access Code: 110 600 453
EXHIBITS:
Webex hearings: Parties must file an exhibit list in ECF with a true and correct copy of each designated exhibit filed as a separate, individual attachment thereto so that the Court and all participants have ready access to all designated exhibits. In addition for evidentiary hearings, when more than ten exhibits have been filed in ECF or when the total page count of all exhibits exceeds 500 pages, Judge Everett requests a thumb/USB drive be delivered to him prior to the hearing at: U.S. Bankruptcy Court, Attn: Stephen Manz, 1100 Commerce Street, Room 1254, Dallas, TX 75242.
Live hearings: Paper copies of the exhibits should be provided to the Court, the law clerk, the witness(s), and opposing counsel.
Requests for Telephonic Appearance
It is not necessary to submit a written request or obtain court approval to make a telephonic appearance. Procedures regarding telephonic appearances in Judge Everett's Court are as follows:
Live Dockets: Parties who wish to appear via telephone in Judge Everett's court at a live docket must pre-register with CourtCall, an independent conference call company that provides conference call services for our court, at (866) 582-6878 or courtconference@courtcall.com prior to the hearing. Deadlines: Participants must pre-register with CourtCall by 3:30 PM the day prior to the scheduled hearing and join the call no later than ten (10) minutes prior to the hearing time. There is a small fee for the service. If pre-registration is obtained AFTER the 3:30 PM deadline, please send a courtesy email to the courtroom deputy (swe_settings@txnb.uscourts.gov) to ensure the court is aware of the telephonic appearance. When sending an email to the court, please include the case number, the debtor's name, the hearing date, and the hearing time on the subject line.
Webex Video Dockets: Parties who wish to appear via telephone at a video docket must use the Webex dial-in number: 1-650-479-3207 and input Access Code 476 420 189 when prompted.
Phone Etiquette: To ensure the quality of the call and of the Record, a landline should be used if at all possible; the speaker option should not be used. On every occasion before speaking, you must identify yourself for the Court and for the Record. The mute feature should be used unless/until speaking on the Record.
Exceptions to Phone Participation: The Court will not permit the examination of witnesses via telephone. Counsel wishing to examine witnesses must appear in person in the courtroom. Exceptions must be requested via an email to swe_settings@txnb.uscourts.gov and will be considered on a case-by-case basis by Judge Everett.
23-80004-swe11 Ebix, Inc. Omnibus Hearing dates/times
NOTE: Hearings will be conducted in a hybrid format: parties who will be offering evidence or participating in examination must make appearances in person in Judge Everett's courtroom; other interested parties may make Webex appearances. Non-interested parties and persons, incuding the media, will not be permitted to attend/observe the proceedings via Webex per General Order 2023-05 issued 9/19/2023, but may attend/observe in person in Judge Everett's courtroom. All parties who will be in attendance at a hearing, either in person or via Webex, should sign in electronically on Judge Everett's webpage via this link (Electronic Appearances | Northern District of Texas | United States Bankruptcy Court (uscourts.gov)) at least 30 minutes prior to the scheduled hearing.
April 22, 2024 at 1:30 PM, CST May 14, 2024 at 1:30 PM, CST May 29, 2024 at 2:00 PM, CST June 18, 2024 at 2:00 PM, CST
Judge Everett’s chambers are located at 1100 Commerce Street, Room 1421, Dallas, TX 75242-1496.
Dallas Hearings
Live/In-Person Dockets: US Bankruptcy Court, 1100 Commerce Street, 14th Floor, Courtroom No. 3, Dallas, TX, 75242
Webex Video Dockets: https://us-courts.webex.com/meet/Everett; Webex dial-in: (US/Canada) 1-650-479-3207; Access code: 476 420 189
Wichita Falls Hearings
Live/In-Person Dockets - US Federal Courthouse, 1000 Lamar Street, Room 222, Wichita Falls, TX, 76301
Webex Video Dockets - Webex video: https://us-courts.webex.com/meet/Everett; Webex dial-in: (US/Canada) 1-650-479-3207; Access code: 476 420 189
Please refer to the Dallas and Lubbock Chapter 13 trustees' websites for pre-hearing conference locatons.
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Most motions are scheduled with at least 21-day notice. Disclosure statements and Chapter 11 plans are scheduled with at least 28-day notice. Claim objections are scheduled with at least 30-day notice. Omnibus claim objections are scheduled with at least 40-day notice. Per Rule 9006(f) an additional 3 days must be added to allow for service via U.S. post.
All settings, except those matters that meet the self-calendaring criteria, are obtained from the courtroom deputy in advance of the filing of the motion or application. Please file a notice of hearing within 48 hours of obtaining a setting.
Settings requiring 15 minutes or less of court time may be self-calendared. The Court encourages the self-calendaring of matters that meet the self-calendaring criteria. Judge Everett’s self-calendaring procedures may be reviewed online at: https://www.txnb.uscourts.gov/content/judge-scott-w-everett.
1. General Information. The Court is currently providing remote access to certain hearings through the Court’s Webex videoconference facilities. Parties, counsel, and other parties in interest are permitted to attend and participate in hearings by videoconference and telephone without prior permission of the Court subject to compliance with the procedures and requirements set forth in General Order 2023-05 issued 9/19/2023: https://www.txnb.uscourts.gov/court-info/general-orders . The following types of hearings will be conducted remote-only: (1) All "first-day" hearings in Complex Chapter 11 or Chapter 15 cases; (2) All hearings involving matters set on the Chapter 13 Trustees' monthly contested Chapter 13 hearing dockets; (3) All preliminary hearings on Motions to lift the stay; and (4) All hearings on motions to extend or impose the stay; provided that the Court may, in its discretion, authorize any of the foregoing types of hearings to be conducted in a hybrid mode (i.e. allowing participation in-person or by video) upon reasonable request on notice to affected parties.Those who plan to actively participate in a Webex hearing are encouraged to attend the hearing in the Webex video mode using the Webex video link below. Those who will not be seeking to introduce evidence at the hearing nor conduct examination and who wish to attend in a telephonic-only mode may attend the hearing in the Webex telephone mode using the Webex dial-in number and access code below.
For WebEx Telephonic Participation/Attendance:
Telephonic Hearing Policy for LIVE Wichita Falls Hearings and Wichita Falls Video Dockets
Live/In-Person Dockets: Those who will not be seeking to introduce evidence, conduct examination, nor offer testimony and who wish to attend via telephone at a Wichita Falls live docket may contact Courtcall at (866) 582-6878 or courtconference@courtcall.com to pre-register for their telephonic appearances and to obtain the dial-in information. It is not necessary to submit a written request or obtain court approval in advance. Deadlines: Participants must pre-register for the appearance by 3:30 PM the day prior to the scheduled hearing and join the call no later than ten (10) minutes prior to the hearing time. There is a small fee for the service. If registering for an appearance AFTER the 3:30 PM deadline, please send a courtesy email to swe_settings@txnb.uscourts.gov to alert the courtroom deputy so that the late telephonic appearance may be added to Judge Everett's docket. The subject line of the email should include the case number, the debtor's name, the hearing date, the hearing time, and the name of the party who will be making the telephonic appearance.
Phone Etiquette: To ensure the quality of the call and recording of the proceedings, a landline should be used if at all possible; the speaker option should not be used. Also, please use the mute feature on your phone unless speaking on the Record. On every occasion before speaking, you must identify yourself for the Record.
Video Dockets: The Court is currently providing telephonic access to Wichita Falls video dockets through the Court’s Webex video conference facilities. Parties, counsel, and other parties in interest are permitted to attend and participate in hearings via Webex videoconference and telephone without prior permission of the Court. Those who plan to actively participate in a Webex hearing are encouraged to attend the hearing in the Webex video mode using the Webex video link below. Those who will not be seeking to introduce any evidence at the hearing nor conduct examination, nor offering testimony and who wish to attend in a telephonic-only mode may attend the hearing in the Webex telephone mode using the Webex dial-in number and access code below:
1. Witness Testimony. Witnesses may not provide testimony by telephone alone (i.e. without the Webex video function activated) except in extremely rare, emergency situations in which the Court determines that cause exists to waive the prohibition or where such form of testimony has been pre-authorized by the Court.
2. Protocol for Joining Hearing; Conduct During Hearing. Attendees should join the Webex hearing at least 10 minutes prior to the hearing start time. Please be advised that a hearing may already be in progress and the Court’s telephonic and videoconference lines are live. During hearings attendees are required to keep their lines on mute at all times that they are not addressing the Court or otherwise actively participating in the hearing. The Court reserves the right to disconnect or place on permanent mute any attendee who causes any disruption to the proceedings before the Court. For general information and tips with respect to Webex participation and attendance, please review the Wichita Falls Webex Hearing Instructions and tips posted on Judge Everett's webpage: https://www.txnb.uscourts.gov/judges-info/hearing-dates/judge-everetts-hearing-dates
3. Exhibits. Any party intending to introduce exhibits at an evidentiary hearing must file an exhibit list in the case with a true and correct copy of each designated exhibit filed as a separate, individual attachment thereto so that the Court and all participants have ready access to all designated exhibits. For any witness who is to be called to testify remotely, the party calling the witness is responsible for supplying the witness with all designated exhibits for the hearing. NOTE: Exhibits must also be provided to the Court on a USB/thumb drive three business days prior the scheduled hearing.
4. Disclaimer. The Court cannot and does not guarantee that telephonic service and computer connectivity will not be interrupted during the course of a hearing. Those who elect to participate in a hearing by remote means do so at their own risk understanding that except in extremely rare circumstances the Court will not entertain a request for continuance of the hearing based upon technological failure or any disadvantage experienced on account of an election to attend remotely instead of in person.
Please notify the courtroom deputy by email to swe_settings@txnb.uscourts.gov 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. Certificates of conference are helpful to the Court in evaluating whether parties in interest have been contacted and what positions, if any, they may have with regard to the expedited request.
After Judge Everett has reviewed the pleadings, a member of Judge Everett’s staff will contact the filing party with setting information. The movant should promptly file and serve a notice of hearing. In most instances a proposed order will not be required; the ECF docket text will be modified to reflect the Court’s ruling.
Dallas cases: The U.S. Trustee’s docket is generally scheduled for the fourth Thursday of the month at 9:30 AM. Hearings are scheduled by the U.S. Trustee’s office.
Wichita Falls cases: The U.S. Trustee’s office shall schedule hearings to coincide with Judge Everett’s Wichita Falls docket dates/times posted on Judge Everett’s web page at: https://www.txnb.uscourts.gov/content/judge-scott-w-everett.
The Chapter 13 Trustee’s office prepares the docket, conducts pre-hearing conferences, and provides the Court with a list of unresolved matters that will be brought before the Court for hearing. Pre-hearing conference dates and times may be obtained from the Chapter 13 Trustee’s office or from the Court’s web page at: https://www.txnb.uscourts.gov/content/judge-scott-w-everett.
Dallas Cases: The Chapter 13 Trustee’s docket is generally scheduled for the fourth Thursday of the month. Pre-hearing conferences take place at the Chapter 13 office at 105 Decker Court, Suite 120, Irving, Texas, 75062 at 8:30 AM
Wichita Falls Cases: The Chapter 13 Trustee’s docket is scheduled for 8:30 AM on the second Thursday of the month via Go-To Meeting: https://global.gotomeeting.com/join/774701413 . Dial in: 1 (312) 757-3121 Access Code: 774-701-413. **NOTE: NEW PRE-HEARING LOCATION BEGINNING 8/17/2023: Go-To at: https://meet.goto.com/110600453; DIAL-IN (FOR AUDIO ONLY): 1 (646) 749-3122 (US); ACCESS CODE: 110 600 453
Chapter 13 matters for the Dallas Division which require longer evidentiary hearings are generally scheduled for a special setting. Movant’s should conference with the Chapter 13 trustee to determine mutually agreeable dates and then email the courtroom deputy at swe_settings@txnb.uscourts.gov for a setting.
Chapter 13 matters for the Wichita Falls Division which require longer evidentiary hearings (30+ minutes) should be set on a LIVE Wichita Falls docket. Please email the courtroom deputy at swe_settings@txnb.uscourts.gov to provide a time estimate.
Once matters have been noticed for hearing or set by court order, continuances or removals may only be obtained when the interested parties are in agreement to the continuance or by court order. Movant shall either file an agreed motion or send an email to the courtroom deputy with a copy to all interested parties. The Court’s docket will be annotated to reflect the announcement, and counsel will be excused from appearing at the hearing. If parties do not agree to a continuance, the moving party shall file a motion to continue for the Court to consider. The courtroom deputy will contact movant with further instructions.
For settlements and agreed orders obviating the need for a hearing, the movant shall email the courtroom deputy prior to the hearing to make the announcement. The Court’s docket will be annotated to reflect the announcement, and counsel will be excused from appearing at the hearing.
A motion for clerk’s entry of default shall be filed and clerk’s entry of default issued prior to plaintiff motioning the Court for default judgment. A hearing is required and shall be set prior to trial docket call. Self-calendar settings may be obtained on Judge Everett’s webpage at: https://www.txnb.uscourts.gov/judges-info/hearing-dates/judge-everetts-hearing-dates
Motions for summary judgment require a hearing and shall be set prior to trial docket call. Settings may be obtained by emailing the courtroom deputy at swe_settings@txnb.uscourts.gov.
Non-small business cases - When filing a Chapter 11 plan and disclosure statement in non-small business cases, counsel shall contact the courtroom deputy for a setting on the disclosure statement and file a notice of hearing (a motion is not required).
Small business cases – When filing a Chapter 11 plan and disclosure statement in a small business case, counsel shall seek conditional approval of the disclosure statement by the U.S. Trustee prior to contacting the courtroom deputy to obtain a setting for final approval of the disclosure statement and plan confirmation. Counsel shall upload an order granting conditional approval of the disclosure statement. The order shall set the hearing date/time/location for final approval of the disclosure statement and confirmation hearing and shall include the U.S. Trustee’s signature.
Dallas cases: Preliminary hearings on motions to lift/annul/modify the automatic stay are set on the dates provided in Judge Everett’s self-calendaring procedures available on Judge Everett’s webpage: https://www.txnb.uscourts.gov/content/judge-scott-w-everett. Hearings shall be scheduled with 17-day notice.
Motions to lift/annul/modify the automatic stay will be removed from the Court’s preliminary lift-stay docket prior to the hearing upon the ECF filing of a notice of announcement regarding lift stay motion. This event may be utilized by the movant to announce an agreement, default, or agreed pass to another preliminary hearing. The deadline for announcements in Judge Everett’s court is 11:59 PM the day prior to the hearing. Announcements received by the deadline will be annotated on the Court’s docket, and counsel will be excused from appearing at the hearing. If a notice of announcement is not filed by the deadline, an appearance at the hearing by the movant’s counsel will be necessary.
Information and instructions re notice of announcement may be reviewed online in the CM/ECF User Manuel GoLive Guide dated February 20, 2015: http://www.txnb.uscourts.gov/content/cmecf-user-manual/
Parties, by agreement, may obtain a setting for a final hearing by emailing the courtroom deputy at swe_settings@txnb.uscourts.gov. For calendaring purposes a time estimate is helpful when sending an email request for a final hearing. Final hearings, by agreement of the parties, may be rescheduled or removed from the Court’s docket by emailing the courtroom deputy. Interested parties should be copied on the email.
Wichita Falls cases: Hearings on motions to lift/annul/modify the automatic stay are set on the dates provided in Judge Everett’s Wichita Falls self-calendaring procedures available on Judge Everett’s webpage: https://www.txnb.uscourts.gov/content/judge-scott-w-everett. If evidence is to be presented at a lift-stay hearing or more than 15 minutes is required, the motion should be set for hearing on a live-docket date. For motions requiring more than 15 minutes, movant shall provide the courtroom deputy with a time estimate via email to: swe_settings@txnb.uscourts.gov.
Non evidentiary hearings on motions to lift/annul/modify the automatic stay will be removed from the Court’s docket prior to the hearing upon the ECF filing of a notice of announcement regarding lift stay motion. This event may be utilized by the movant to announce an agreement, default, or agreed pass to another preliminary hearing. The deadline for announcements in Judge Everett’s court is 11:59 PM the day prior to the hearing. Announcements received by the deadline will be annotated on the Court’s docket, and counsel will be excused from appearing at the hearing. If a notice of announcement is not filed by the deadline, an appearance by the movant’s counsel at the Chapter 13 trustee’s pre-hearing conference will be necessary.
Information and instructions re Notice of Announcement may be reviewed online in the CM/ECF User Manuel GoLive Guide dated February 20, 2015: http://www.txnb.uscourts.gov/content/cmecf-user-manual/
Final hearings, by agreement of the parties, may be rescheduled or removed from the Court’s docket by emailing the courtroom deputy at swe_settings@txnb.uscourts.gov. Interested parties should be copied on the email.
Motions to vacate dismissal order and reinstate case shall be set for hearing with 24-day notice. Chapter 13 motions shall be set for pre-hearing conference on the Chapter 13 docket.
If the case was dismissed for deficient documents and the deficiency has been cured, the Court will review the motion and may reinstate the case without a hearing. An order need not be uploaded. The courtroom deputy will contact the attorney if a hearing is required.
Motions to extend time to file schedules and statements may be considered without a hearing. The motion should clearly state the proposed deadline. The proposed deadline should be prior to the 341 meeting. In Chapter 11 cases Judge Everett finds it helpful when a certificate of conference which references the US Trustee’s position is included. Please note: It is not necessary to upload a proposed order when filing the motion. The courtroom deputy will route a form order to the Court along with the motion for consideration.
Motions to modify mortgage loan should include: negative notice language, a copy of the loan agreement, and otherwise comply with Amended Clerk’s Notice 14-05.
Motions to reopen case for financial management course certificate may be considered by the Court without a hearing. A proposed order need not be uploaded. The courtroom deputy will contact the attorney if a hearing is required.
Courtesy copies are not required unless specially requested by Judge Everett in a particular matter.
Parties must file an exhibit list in ECF with a true and correct copy of each designated exhibit filed as a separate, individual attachment thereto so that the Court and all participants have ready access to all designated exhibits. In addition for evidentiary hearings, when more than ten exhibits have been filed in ECF or when the total page count of all exhibits exceeds 500 pages, Judge Everett requests a thumb/USB drive be delivered to him prior to the hearing at: U.S. Bankruptcy Court, Attn: Stephen Manz, 1100 Commerce Street, Room 1254, Dallas, TX 75242. Paper copies of exhibits are not encouraged; however, paper copies may be provided to the witness(s) at an in-person hearing if preferred.
