Business Bankruptcies May Pick Back Up If Stressed Companies Havent Fixed Their Issues
8:00 AM on Sep 27, 2021 CDT
The U.S. Bankruptcy Court for the Northern District of Texas in Dallas wants toupdate its policies to attract big, complex, high-dollar bankruptcy cases.
The Northern District bankruptcy judges appointed more than 20 restructuring lawyers from Dallas-Fort Worth and elsewhere to a committee that will evaluate and recommend changes to the complex case rules.
Large companies can usually file for bankruptcy in any court they choose. Making a court more attractive with updated procedures and rules could attract big cases and may encourage distressed local companies to file in their hometown where judges are familiar with their businesses. Filing closer to home also saves on travel costs.
The rule revisions are expected to be presented to the Northern Districts five bankruptcy court judges by the end of the year, said Ian Peck, a committee member and an attorney in the Dallas office of Haynes and Boone.
The goal of the committee is to ensure that the Northern District of Texas remains on the cutting edge of addressing issues in the largest and most complex Chapter 11 cases, he said.
While courtrooms are starting to open back up, most courts are allowing certain matters to continue virtually, and thats just one of the more visible changes the committee is considering.
Other rules have to do with financing, such as emergency relief in the early stages of complex cases and implementing new standards for prepacked or prenegotiated plans.
Federal Judicial Districts Established For The Northern And Eastern Districts Of Texas
The United States Trustee Program is a component of the U.S. Department of Justice that supervises the administration of bankruptcy cases. The United States Trustee for Region 6 serves the federal judicial districts established for the Northern and Eastern Districts of Texas. The regional office is located in Dallas, TX. The links on this site contain information about the regional office of the United States Trustee and the field offices within Region 6.
Coronavirus Disease 2019 Sdtx Related Orders And Courthouse Statuses
To Prospective Jurors: We in the federal judiciary know how difficult the past two years have been. The federal courts in the Southern District of Texas have continued working throughout. Jury trials affect important rights, and we cannot conduct jury trials without you.
The judges in each of the seven divisions in the Southern District are conducting jury trials, and safety is our top priority.
Please visit the courts webpage for Jurors and the Divisional Office link for your local courthouse for more information. If you have questions or concerns about your jury service, please contact the Clerks Office. Contact information can be found on your summons and on the courts website.
We thank you in advance and look forward to welcoming you to your courthouse and to the important public service you will provide.
Lee H. Rosenthal
Reynaldo G. Garza-Filemon B. VelaUnited States Courthouse
United States Post Office and Courthouse601 Rosenberg, Room 411
Bob Casey United States Courthouse515 Rusk Avenue
George P. Kazen Federal Building and United States Courthouse1300 Victoria St.
1701 W. Hwy. 83, Suite 1011McAllen, TX 78501
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Fifth Circuit Us Brass And Craigs Store Tests
The bankruptcy court then moved to Fifth Circuit cases, which interpret the scope of bankruptcy court post-confirmation jurisdiction more narrowly than in other Districts.
In re U.S. Brass Corporation used a four-factor standard to explain why it had jurisdiction: while the plan had been substantially consummated, it had not been fully consummated there was a dispute over whether the relief requested was consistent with the plan or an improper modification of a substantially consummated plan and bankruptcy law would ultimately determine the dispute the outcome of the dispute could affect the parties post-confirmation rights and responsibilities and the proceeding would impact compliance with, or completion of, the plan. 301 F.3d 296, 305 . In addition, In re Craigs Stores of Texas limited the scope of its post-confirmation jurisdiction to matters that bear on the interpretation, implementation, or execution of the plan. 266 F.3d 388, 390-91 .
United States Court Of Appeals For The Fifth Circuit
|United States Court of Appeals for the Fifth Circuit|
The Fifth Circuit has 17 active judgeships, and is headquartered at the in , with the clerk’s office located at the Federal Building in New Orleans.
Originally, the Fifth Circuit also included the federal district courts in , , and . In 1981, the district courts for those states were transferred to the newly created .
The Fifth Circuit Four
During the late 1950s, Chief Judge and three of his colleagues ” rel=”nofollow”> John Brown, and ) became known as the “”, or simply “The Four”, for decisions crucial in advancing the of . In this, they were usually opposed by their fellow Fifth Circuit Judge, of Mississippi, until his death in 1964.
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Thanksgiving Day Holiday Closing
The United States Bankruptcy Court Clerk’s Office for the Northern District of Texas will be closed Thursday, November 24, 2022 and Friday, November 25, 2022 in observance of Thanksgiving Day.
The closing of the Clerk’s Office will not affect the court’s electronic filing system, which will remain available during this time. For emergency filings, please refer to After-Hours Emergency Filing Procedures.
NOTICE: 28 U.S.C. Section 1930 requires that fees be paid at the time of filing. Failure to pay these fees may cause the case to be dismissed without further notice pursuant to 11 U.S.C. Section 707.
CM/ECF will automatically disable access for users with fees outstanding for over one day. A user who is disabled may login to CM/ECF, but may not view or file any documents until he or she pays all associated fees.
Once fees are paid, log out from CM/ECF, close and reopen your browser, and log in to CM/ECF again.If you are having technical difficulties in processing your payment, please call 800-442-6850.
Citing Resources In The Web Archive
Citations should indicate: Archived in the Library of Congress Web Archives at www.loc.gov. When citing a particular website include the archived websites Citation ID . Researchers are advised to follow standard citation guidelines for websites, pages, and articles. Researchers are reminded that many of the materials in this web archive are copyrighted and that citations must credit the authors/creators and publishers of the works. For guidance about compiling full citations consult Citing Primary Sources.
Series Title List Texas
U.S. District Court for the Abilene Division of the Northern District of Texas.
Series: Bankruptcy Act of 1898 Case Files, 1898-1960, Textual National Archives Identifier: 16660478
U.S. District Court for the Amarillo Division of the Northern District of Texas.
Series: Bankruptcy Act of 1898 Case Files, 1908-1948, Textual National Archives Identifier: 16660480
U.S. District Court for the Austin Division of the Western District of Texas.
Series: Bankruptcy Act of 1867 Case Files, 1867-1878, Textual National Archives Identifier: 572644
Series: Bankruptcy Act of 1898 Case Files, 1898-1949, Textual National Archives Identifier: 16882861
U.S. District Court for the Beaumont Division of the Eastern District of Texas.
Series: Bankruptcy Act of 1898 Case Files, 1898-1954, Textual National Archives Identifier: 16941338
Series: Historical Bankruptcy Case Files, 1958-1958, Textual National Archives Identifier: 68888201
U.S. District Court for the Brownsville Division of the Southern District of Texas.
Series: Bankruptcy Act of 1898 Case Files, 1910-1948, Textual National Archives Identifier: 16730666
U.S. District Court for the Corpus Christi Division of the Southern District of Texas.
Series: Bankruptcy Act of 1898 Case Files, 1913-1955, Textual National Archives Identifier: 16730674
U.S. District Court for the Dallas Division of the Northern District of Texas.
Series: Bankruptcy Act of 1898 Case Files, 1898-1942, Textual National Archives Identifier: 16660475
Current Composition Of The Court
As of August 31,2022:
Chief judges have administrative responsibilities with respect to their circuits, and preside over any panel on which they serve unless the circuit justice is also on the panel. Unlike the Supreme Court, where one justice is specifically nominated to be chief, the office of chief judge rotates among the circuit judges. To be chief, a judge must have been in active service on the court for at least one year, be under the age of 65, and have not previously served as chief judge. A vacancy is filled by the judge highest in seniority among the group of qualified judges. The chief judge serves for a term of seven years or until age 70, whichever occurs first. The age restrictions are waived if no members of the court would otherwise be qualified for the position.
When the office was created in 1948, the chief judge was the longest-serving judge who had not elected to retire on what has since 1958 been known as or declined to serve as chief judge. After August 6, 1959, judges could not become or remain chief after turning 70 years old. The current rules have been in operation since October 1, 1982.
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United States District Court For The Northern District Of Texas
|United States District Court for the Northern District of Texas|
The United States District Court for the Northern District of Texas is a United States district court. Its first judge, Andrew Phelps McCormick, was appointed to the court on April 10, 1879. The court convenes in Dallas, Texas with divisions in Fort Worth, Amarillo, Abilene, Lubbock, San Angelo, and Wichita Falls. It has jurisdiction over 100 counties in the northern and central parts of the U.S. state of Texas.
The United States Attorney’s Office for the Northern District of Texas represents the United States in civil and criminal litigation in the court. The current Acting United States Attorney is Chad E. Meacham.
Supreme Court Travelers Test
The bankruptcy court first articulated the standard under Travelers Casualty & Surety Co. of America v. Bailey, where the Supreme Court held that a bankruptcy court plainly has jurisdiction to interpret and enforce its own prior orders, even decades after a plan is confirmed. The Court added that explicit retention of jurisdiction in the confirmation is further evidence that post-confirmation jurisdiction exists. 557 U.S. 137, 151 .
In the current case, because the bankruptcy court explicitly retained exclusive jurisdiction over all matters arising out of, and related to the Chapter 11 Cases, including all matters relating to the assumption of unexpired lease, the court concluded that it had subject matter jurisdiction under the Travelers test.
Not In My Court: Northern District Of Texas Bankruptcy Court Dismisses Nra Bankruptcy Cases As Filed In Bad Faith
On May 11, 2021, Judge Harlin D. Hale, of the Bankruptcy Court for the Northern District of Texas found that the bankruptcy cases of the National Rifle Association of America and its subsidiary Sea Girt LLC 1The cases were jointly administered under case number 21-30085-hbh-11. Citations to shall refer to documents filed on the docket in the case captioned In re National Rifle Association of America and Sea Girt LLC, No. 21-30085 . were filed in bad faith to gain an unfair litigation advantage, and avoid the regulatory scheme of the State of New York.2Order Granting Motions to Dismiss, In re National Rifle Association of America and Sea Girt LLC, No. 21-30085 , ECF No. 740 . The Court dismissed the cases without prejudice but noted that if the NRA filed a new case, the Court would revisit its concerns regarding, among other things, disclosure, transparency, secrecy, and conflicts of interest, which could cause the appointment of a trustee to address the ability of the NRA, as a debtor in possession, to fulfill its fiduciary duties.
Ian Peck Talks With Dallas Morning News About Federal Bankruptcy Court Cases
The Dallas Morning News interviewed Haynes and Boone, LLP Partner Ian Peck for an article about potential upcoming changes to the U.S. Bankruptcy Court for the Northern District of Texas for large, complex bankruptcy cases.Below is an excerpt:The Northern District bankruptcy judges appointed more than 20 restructuring lawyers from Dallas-Fort Worth and elsewhere to a committee that will evaluate and recommend changes to the complex case rules.
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