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Texas Bankruptcy Courts - Local Rules
Texas Bankruptcy Courts maintain an extensive system of local rules of court.
Many of these rules are standardized across the country and provide further
clarification and instructions for administrative responsibilities of
attorneys. For instance, instructions on filing additional declarations
and required data are not included within the U.S. Bankruptcy Code, but
are however routinely published by the Clerk of the Court in the form of
standing local rules.
Local rules
also may include unique location specific instructions applicable only
to a particular Texas Bankruptcy District or a particular Texas
Bankruptcy Division. All debtors filing pro se must also obey
local rules regardless of actual notice of content or subsequent
amendments. Any violation subjects a case to dismissal. Copies of the
Texas Bankruptcy Local Rules are available from the Clerk of the Court.
Examples of Rules which may apply:
Commencement of Case; Proceedings Relating to Petition and
Order for Relief:
- Fees - Installment Payments
- Lists, Schedules & Statements
- Mailing - List or Matrix
- Amendments to Lists and Schedules
- Petition -Involuntary for Texas bankruptcy
- Joint Administration/Joinder
- Dismissal or Suspension - Case or Proceedings
- Conversion - Procedure Following
Officers and Administration; Notices; Meetings; Examinations; Elections:
- Notice to Creditors & Other Interested Parties
- Meeting of Creditors & Equity Security Holders
- Depositions and Examinations
- Trustees - Chapter 12
- Trustees - Chapter 13
- Compensation of Professionals in Texas bankruptcy
- Chapter 12 - General
Claims and Distribution to Creditors and Equity Interest Holders; Plans:
- Filing Proof of Claims or Interest
- Chapter 13 - Confirmation
- Chapter 11 - Plan
- Disclosure Statement - Approval
- Acceptance/Rejection of Plans in Texas bankruptcy
- Chapter 11 - Confirmation
The Debtor: Duties and Benefits:
- Automatic Stay - Relief From
Courts and Clerks:
- Clerk - Office Location/Hours
- Clerk - General Authority
- Disqualification for Texas bankruptcy
- Filing Papers - Requirements
- Filing Papers - Number of Copies
- Filing Papers - Size of Papers
- Electronic Filing and Noticing
- Withdrawal of Reference
- Courtroom Decorum
- Clerk - Delegated Function of
- Fees - General
- Fees - Form of Payment
Collection and Liquidation of the Estate
- Sale of Estate Property in Texas bankruptcy
- Tax Returns & Tax Refunds.
Adversary Proceedings:
- Adversary Proceedings - General
- Cover Sheets
- Summons
- Motion Practice in Adversary Proceedings
- Pre-trial Procedures
- Discovery - General
- Assignment of Adversary Proceedings
- Joinder of Adversary Proceedings - Separate Trial
- Summary Judgment
- Injunctions
- Registry Fund
District Court Cases:
- District Court Texas Bankruptcy Rules
- Bankruptcy Appeal Procedures
General Provisions:
- Ex Parte Contact
- General Authority to Regulate Notices
- Attorneys - Duties
- Motion Practice
- Contested Matters
- Alternative Dispute Resolutions (ADR)
- Local Rules - District Court
- Submission of Files to the District Court
- United States Trustee Guidelines for Chapter 11 Cases
- Exhibits
Because the law constantly evolves to further clarify the rights of debtors and creditors, Texas bankruptcy courts incorporate new practices almost daily. Court procedures, local rules, and even unofficial policies affecting discharge and/or confirmation of plans may all change dramatically over a relatively short period of time. In the most basic sense, the success of debtors navigating through the Texas bankruptcy courts system is determined before filing, so that when entering the court for the first time, all current laws and procedures may be used proactively to gain the greatest advantage. Back to Texas Bankruptcy Courts directory.
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