In presenting certificates of disinterestedness for employment applications, one should note that the employment standards for a professional under 327(a) --- a "disinterested person" under 101(14) who represents no interest adverse to the estate --- constitute standards that are considerably more stringent that that required of special counsel under 327(e) -- which has no disinterestedness requirement and requires an averment only that the attorney does not hold any interest adverse to the debtor "with respect to the matter on which such attorney is to be employed
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Hints & Tips
The clerk's office is open for business Monday - Friday from 8am to 4pm to accommodate filings. However, if you are submitting copies of supporting documents to an eSR submission, or an emergency requires the filing of a document and the clerk's office is closed, or you are unable to file in person due to COVID-19, or the ECF system or applicable e-Service option is inoperable, you may use the Electronic Document Submission (EDS) system to submit documents to the court for filing. EDS may only be used under the above circumstances to submit documents and pleadings with the United States Bankruptcy Court for the Eastern District of Texas.
A deputy clerk will review each submission and contact you with further instructions and the payment of any applicable fees.
If filing pro se, the clerk's office now offers Electronic Self-Representation (eSR), which allows pro se filers to file a chapter 7 or 13 petition electronically.
Consult the Guide to Practice and Procedures for any questions regarding applicable rules and service requirements imposed by the United States Bankruptcy Court for the Eastern District of Texas.
Remember to submit a paper copy to chambers when filing the following pleadings: (1) Chapter 9 or Chapter 11 Plan of Reorganization; (2) Disclosure Statement; (3) Motion for Summary Judgment; (4) Fee Application (only if fee exhibit exceeds 25 pages); and (5) Motion to Dismiss under FRBP 7012 (only if over 25 pages).
Be sure to check your matrix at filing for the inclusion of parties listed on Schedule G (Executory Contracts & Leases)and Schedule H (Co-Debtors). Your filing software may not be including these parties on your initial matrix. Without proper notice, these parties may not be bound by case developments.
Within seven (7) calendar days of the filing by electronic means of any bankruptcy petition, list, schedule, or statement that requires verification or an unsworn declaration under Fed. R. Bankr. P. 1008, an attorney should submit to the Court a Declaration for Electronic Filing in paper format containing the actual signatures of individual debtors or authorized representatives of partnership or corporate debtors.
III(B)(3) of TXEB Appendix 5005
When filing a pleading with multiple attachments, provide a "brief" description of each attachment rather than simply noting them as Exhibit A, Exhibit B, etc. This is particularly important when filing a Notice of Removal. (Example: Exhibit A - Civil Cover Sheet, Exhibit B - Original State Court Petition, etc.)
When the Local Rules require service on the matrix "as constituted by the Court on the date of service," why not download the most current copy from the Court? Go to "Reports" in CM-ECF; click "Master Mailing List (Matrix); and under your "File" menu, name the file as you please with the "save as" command. The date and time of the download will appear in the upper left corner of the matrix.