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. If CM/ECF is inaccessible, an Electronic Filing User’s system is inoperable, or an emergency requires the paper filing of a document outside of normal business hours, the filer may send email to firstname.lastname@example.org. The subject line should read, "Emergency Filing Request." Include your name, phone number, and nature of your emergency. Documents attached to the email will only be used as reference to determine the nature of the emergency and are not considered filed with the court.
If the filing is deemed an emergency, a deputy clerk will arrange to receive the required documents for the case filing. Any required fees are due within 24 hours of the time of filing and must be paid in the form of cash, money order or cashier's check.
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.