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.
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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
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Reynaldo G. Garza-Filemon B. VelaUnited States Courthouse
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United States Post Office and Courthouse601 Rosenberg, Room 411
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Bob Casey United States Courthouse515 Rusk Avenue
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George P. Kazen Federal Building and United States Courthouse1300 Victoria St.
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1701 W. Hwy. 83, Suite 1011McAllen, TX 78501
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Bankruptcy Court Electronic Filing Faq
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The Southern District of Texas Bankruptcy Court grants attorneys with certified User IDâs the ability to use that system to file petitions, complaints and other documents electronically. CM/ECF support is available Monday â Friday, 8:00 a.m. to 5:00 p.m. C.S.T by email at or by phone at 713-250-5500. |
| Documents & Links |
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Ustp Forms For The Filing Of Periodic Operating Reports In Non
Wednesday, July 21, 2021
On June 21, 2021, the United States Trustee Programs rule titled Procedures for Completing Uniform Periodic Reports in Non-Small Business Cases Filed Under Chapter 11 of Title 11, became effective. The Final Rule governs the filing of pre-confirmation monthly operating reports and quarterly post-confirmation reports by all debtors except those who are small business debtors or who, in accordance with the CARES Act, elect relief under subchapter V of chapter 11. To obtain the required MOR and PCR forms, instructions for completing and filing MOR and PCR forms, and other important information, please visit the United States Trustee Programs Chapter 11 Operating Reports resource page at www.justice.gov/ust/chapter-11-operating-reports.
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Hearing Procedure For Chapter 13 Panels
Chapter 13 Panels will proceed with a time change as indicated on the Courts website. Time changes for all cases will be finalized on the Courts website by noon, the day proceeding the scheduled hearing. Hearing times will be set every 15 minutes, called by attorney last name, panel dates will remain unchanged.
Hearing times are available below.
Counsel for the debtor or any objecting creditor may appear in person or are encouraged to participate electronically by video and audio. Debtor are also encourage to appear by audio and video but may appear in person.
Exhibit Requirements for All Remote Participants
In addition to the requirements of Bankruptcy Local Rule 9013-1, exhibits must be filed on CM/ECF in advance of the hearing. Each exhibit must be filed as a separate attachment to the Exhibit List. The Court will review the exhibits from CM/ECF. Exhibits must be offered into evidence by reference to the CM/ECF docket number of the filed exhibit.
The Southern District Of Texas: The Next Big Venue In Commercial Bankruptcy
For decades, the Southern District of New York and the District of Delaware have reigned as the busiest commercial bankruptcy venues in the United States. Clients and attorneys alike have chosen to file commercial cases in these two venues for multiple reasons, including New York Citys standing as the countrys financial capital, the number of Fortune 500 and smaller companies incorporated or headquartered in Delaware or New York, and these venues experience handling complex bankruptcy filings. However, since the beginning of this decade, New York and Delawares status as the busiest commercial bankruptcy venues has been increasingly challenged by a trail-blazing competitor: the Southern District of Texas .
From December 31, 2010, through December 31, 2012, 18,872 commercial chapter 11 bankruptcy cases were filed in the United States.
- U.S. Bankruptcy CourtsBusiness and Nonbusiness Cases Commenced, by Chapter of the Bankruptcy Code, During the 12 -Month Period Ending December 31, 2011
- U.S. Bankruptcy CourtsBusiness and Nonbusiness Cases Commenced, by Chapter of the Bankruptcy Code, During the 12-Month Period Ending December 31, 2012
Regardless of the severity in the oil and gas industries downturn, the Districts location does not fully explain the sizeable increase in commercial chapter 11 filings in the SDTX. Instead, other significant factors swayed these companies filing decisions, including:
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Sdtx Bench Bar Conference Bio
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Judge Sam S. Sheldon |
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| Bio Information |
Since 2018, Sam Sheldon has served as a United States Magistrate Judge for the Southern District of Texas. Judge Sheldon received his bachelor and masters degrees in political science from the University of Southern California . While at USC, he proudly served as the Student Body President. Judge Sheldon received his law degree from the University of Houston Law Center. Judge Sheldon spent the first ten years of his legal career practicing civil litigation in his hometown in San Diego, California. He was a litigation associate and then litigation partner in the San Diego office of Cozen OConnor. He also managed his own law firm in San Diego. In 2007, Judge Sheldon moved to Laredo, Texas to become a federal prosecutor. He transferred in 2010 to DOJs Criminal Fraud Division in Washington, DC where he served as the Chief of the Health Care Fraud Unit. As Chief, he was responsible for overseeing the prosecution of health care fraud for the entire United States. Judge Sheldon returned to private practice in 2013 where he was a partner in the Washington, DC office of Quinn Emanuel Urquhart & Sullivan, and he chaired the firms Health Care Practice Group. Judge Sheldon returned to Texas in 2018 after his appointment as a United States Magistrate Judge. |
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
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Benefits Of Nextgen For The Cm/ecf Filer
NextGen simplifies electronic filing by combining your CM/ECF and PACER accounts into a single Central Sign-On account. Through the PACER website, this single Central Sign-On account gives registered filers access to view documents in PACER and electronically file in all NextGen courts in which they have permission to file. .Note: Not all courts have implemented NextGen CM/ECF. If you file in courts that have not converted to NextGen, you must continue to use that courtâs CM/ECF login and password until they implement NextGen CM/ECF. .
Southern District Of Texas
| Reference Paragraph in Plan and Modification | Effective Date |
|---|---|
| Certificate of Service for Uniform Modification of Confirmed Plan | N/A |
| Debtors Notice of Plan Payment Adjustment | 20D |
| Demand for Special Warranty Deed | 14F |
| Ex Parte Motion To Sell Exempt Property | 19 |
| Lien Strip Notice with Certificate of Service | 8C |
| Motion to Convert Chapter 13 Case to Chapter 7 Case | 24 |
| Notice Of Change In Emergency Savings Fund Deposits | 22E |
| Notice of change in reserves | 23B |
| Notice Of Election To Proceed By Foreclosure | 14G |
| Notice of Transfer of Real Property | 14F |
| Notice Regarding Surrender of Collateral | 20B |
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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.
Background:
Court Locations And Contact Information
| Court’s Name |
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| United States Post Office and Courthouse, 601 Rosenberg, Room 411, Galveston, TX 77550 |
| Court’s Phone Number |
| Reynaldo G. Garza-Filemon B. Vela United States Courthouse, 600 E. Harrison St., Brownsville, TX 78520 |
| Court’s Phone Number |
| 8:00 am – 5:00 pm Monday through Friday |
| Court’s Name |
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| Court’s Phone Number |
| Bentsen Tower, 1701 W. Bus. Hwy. 83, Ste 1011, McAllen, TX 78501 |
| Court’s Phone Number |
| United States Courthouse, 1133 N. Shoreline Blvd., Corpus Christi, TX 78401 |
| Court’s Phone Number |
| United States Courthouse, 1300 Victoria St., Laredo, TX 78040 |
| Court’s Phone Number |
| United States Courthouse, 515 Rusk Avenue, Houston, TX 77002 |
| Court’s Phone Number |
| Presumption of Abuse under 707 Do Not Discharge | |
| 727OBJ | Objection to the Discharge of the Debtor |
| ADDCHG | |
| Claims have been docketed to this case | |
| CLMAGT | |
| Financial Mgt – Debtor Education Certificate Due. Do Not Discharge. | |
| DEF19b | Notice to Debtor by Bankruptcy Petition Preparer |
| DEF22a | Statement of Current Monthly Income |
| DEF22b | Statement of Current Monthly Income |
| DEF22c | Statement of Current Monthly Income |
| DEFb7 | Statement of Financial Affairs |
| DEFER |
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United States Bankruptcy Judge Marvin Isgur
| NOTICE REGARDING REOPENING OF HOUSTON COURTHOUSE |
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Effective November 8, 2021, Bankruptcy Court hearings will be held on a hybrid basis . Please see the General Orders for information regarding hybrid participation: |
| 917-1510 Conf. Rm. Number 954554 |
| Locations | |
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| Courtroom 404, 515 Rusk, Houston, TX 77002 | |
| Brownsville: | Courtroom 5, 600 E Harrison St, Brownsville, TX 78520 – via telephone and video conference |
| Corpus Christi: | Bankruptcy Courtroom, 1133 N Shoreline Blvd, Corpus Christi, TX 78401 |
| McAllen: | 10th Floor Courtroom, 1701 W Business Hwy 83, McAllen, TX 78501 – via telephone and video conference |
| Victoria: |
Restructure This Episode : Views From The Sd Texas Bankruptcy Bench
In this special installment of Restructure This! sponsored by the American Bankruptcy Institute, we welcome Chief Judge David R. Jones and Judge Marvin Isgur from the United States Bankruptcy Court for the Southern District of Texas. The two esteemed jurists collectively have several decades of experience on the bench and have presided over some of the largest chapter 11 filings in recent memory, including Seadrill, J.C. Penney, iHeartMedia, and Ultra Petroleum. As part of todays conversation, the judges opine on venue reform, third party releases, one day prepacks,and the propriety of repeat independent directors in chapter 11.
Thank you for listening! Dont forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every week.
If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, , Stitcher Radio, , or Spotify. It helps other listeners find this show.
What We Discussed in This Episode:
- The importance that the judges place on consumer debtor cases
- The basis for the rise of large chapter 11 filings in the Southern District of Texas
- Whether the current venue statute needs reform
- Policy concerns regarding third-party releases
- The circumstances in which expedited chapter 11 cases are appropriate
- The current independent director framework and whether legislative reform is necessary
- What separates great restructuring lawyers from others
Contact Information:
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Texas Southern Bankruptcy Court Records
U.S. Bankruptcy Courts
Search public court records from United States Bankruptcy Court for the Southern District of Texas online for free with easy to use case search tools for finding court cases and case summaries by case number, case name, party, attorney, judge, docket entry, and more. Filter cases further by date of filing, jurisdiction, case type, party type, and, party representation.
UniCourt gives you access to U.S. Bankruptcy Court Records across the State of Texas, so you can search a range of different types of bankruptcy cases including Chapter 7, Chapter 9, Chapter 11, Chapter 12, Chapter 13, and Chapter 15. You can even drill down further and search for bankruptcy cases involving Adversary Proceedings, Debt Discharge Challenges, Debtor Discharge Challenges, Petitions, Revoked Confirmed Plans, and Other Proceedings. With UniCourt, you can lookup Bankruptcy Court cases online, find the latest docket information, view case summaries, check case statuses, download court documents, as well as track lawsuits and get alerts on new case updates.
Leverage UniCourts Legal Data as a Service to get bulk access to court data from the Southern District of Texas. We collect, organize, standardize, and normalize court data from courts throughout the federal court systems Public Access to Court Electronic Records and the state courts, and make it all easily accessible and useful through our web app and Legal Data APIs.
