Bankruptcy Lawyers Dallas - Judge D. Michael Lynn

Judge D. Michael Lynn

Address

Judge Lynn’s chambers are located at Room 128, United States Courthouse, 501 West 10th Street, Fort Worth, Texas 76102.

Telephone Numbers

Telephone inquiries to Judge Lynn’s chambers should be directed to the following:

Judicial Assistant 817-333-6020 Law Clerk 817-333-6022 Courtroom Deputy 817-333-6016 ECRO (Transcript & Tape Request) 817-333-6015 Judicial Support Specialists 817-333-6014 and 817-333-6033 Courtroom Deputy Email dml_settings@txnb.uscourts.gov

Order Submission

Approved orders requiring immediate attention should be uploaded and counsel should notify the courtroom deputy by email. Disagreements over the form of orders should be submitted to the judge in writing.

Scheduling Settings

Most settings are scheduled with at least 20 days notice. Disclosure statements and chapter 11 plans are normally set with not less than 25 days notice. Claims objections and trustee’s final account hearings are set with 30 days notice. Unless the requirement of a response is authorized by court order, a contested matter must be set for hearing and may not include negative notice language.

All settings, except emergencies and expedited requests, are set in advance of the filing of a motion or application. A notice of hearing must be filed and served in order for the motion or application to appear on the court’s calendar.

Settings requiring 30 minutes or less of court time may be self-calendared. Please review Judge Lynn’s self-calendaring procedures online at:

- http://www.txnb.uscourts.gov/calendars/dml/self.jsp

Settings that do not comply with self-calendaring guidelines may be obtained by emailing or calling the courtroom deputy.

Telephonic Hearing Policy

Hearings may be conducted by teleconference when deemed appropriate by the court. In approving a hearing by teleconference, consideration will be given to the nature and scope of the matter before the court, associated time and cost of travel, and equity to all parties. Counsel may request a telephonic hearing by emailing the courtroom deputy at dml_settings@txnb.uscourts.gov . See Appendix A for more information.

Emergency/Expedited Requests

As a courtesy, please notify the courtroom deputy by email when filing an emergency motion or motion for expedited hearing. Such motions should be filed in accordance with the procedures outlined in the ECF User Manual which can be found on the court’s website at:

http://www.txnb.uscourts.gov/ecf/manual/Attorney_User_Manual. htm

Motion to Lift/Annul/Modify or Relief From Stay

Typically, Judge Lynn schedules preliminary hearings on motions to lift stay on Thursday mornings at 9:30 a.m. Please see Judge Lynn’s self-calendaring procedures online at

http://www.txnb.uscourts.gov/calendars/dml/self.jsp

for a list of preliminary hearing dates and for information regarding final hearing settings.

On agreement of the parties, or upon default through failure to respond pursuant to L.B.R. 4001 of the responding party, preliminary hearings on stay motions shall be removed from the docket prior to hearing by calling or emailing the courtroom deputy. The movant should notify the courtroom deputy by 10:00

a.m. on the business day prior to the setting and provide notice to respondents in order to be removed. Final hearings may be removed from the docket prior to hearing in the same manner. For both preliminary and final motions, agreed and/or default orders for cases removed from the docket must be filed on or before the tenth day after the hearing date and should recite the agreement or default of the other party.

L.B.R. 4001.1(e) governs hearings on preliminary stay motions. Accordingly, absent compelling circumstances, evidence at preliminary hearings may be presented by affidavit only.

Agreed or default orders uploaded prior to the scheduled preliminary hearing date will be held until the hearing for signature.

U.S. Trustee Docket

Typically, the U.S. Trustee’s docket is scheduled on the second Thursday of the month at 11:00 a.m. Erin Schmidt, Office of the

U.S. Trustee, schedules settings. Notice of the U.S. Trustee’s docket is served by the clerk’s office.

Chapter 13 Trustee Docket

The Chapter 13 Trustee’s office prepares the Chapter 13 docket and submits a copy to the court prior to the hearings. General dockets are always scheduled through the Chapter 13 Trustee’s office or by self-calendaring. The courtroom deputy only sets matters on this docket when instructed by the judge. In any Chapter 13 matter set by the judge, the debtor must be present for hearing.

Resets/Removals from the Docket (Non-lift stay motions)

After hearings have been noticed, continuances may only be granted by court order upon motion. A party shall either file a written motion or, with the opposing side present or in agreement, present an oral motion. The motion shall establish cause for the continuance. The movant shall confer with the opposing party and advise the court if the motion is contested. A written motion shall not exceed two pages in length. A motion in letter form is acceptable, but not preferred. The court may decide the motion by minute entry or by separate written order. The court appreciates a courtesy call or email to the courtroom deputy regarding the desired continuances, but the continuances themselves must be by court order.

For settlements and agreed orders obviating the need for a hearing, counsel need not appear at the scheduled hearing if, prior to the hearing, counsel has filed a written pleading or communication, has otherwise appeared to place the agreement on the record or has obtained the approval of the judge through the courtroom deputy. Otherwise, the parties shall appear at the scheduled hearing to place the agreement on the record.

Fee Applications

Fee applications shall be filed and served in accordance with the current Bankruptcy Code (11 USC), the Fed. R. Bankr. P. and Judge Lynn’s Memorandum Order of December 4, 2001 . Retainer draw down requests shall be filed and served in accordance with

L.B.R. 2016.1 In addition, prior to an order awarding fees and/or authorizing retainer draw downs being submitted to the court for consideration, such order must be reviewed and approved by the appropriate trustee as set forth below. If no objections are filed and the applicable trustee(s) has approved the order, the court may, except as specified elsewhere by Judge Lynn, consider the fee request without a hearing. Typically, fee requests of $10,000 or less will not be heard. Fee requests subject to objections(s) by any party in interest or the U.S. Trustee shall be set for hearing with notice only to the objecting party(ies), U.S. Trustee, debtor and committees.

In cases under Chapter 7, proposed orders shall be reviewed and approved by the U.S. Trustee and the Chapter 7 trustee. In cases under Chapter 11, proposed orders shall be reviewed and approved by the U.S. Trustee, the debtor, any committees and, if applicable, the Chapter 11 trustee or, if the court has so ordered, the examiner. In cases under Chapter 12 and 13, proposed orders shall be reviewed and approved by the Chapter 12 trustee or Chapter 13 trustee, as applicable.

Trustee’s Final Report

No hearing is required for the trustee’s final report unless an objection is filed or the court orders a hearing. Notice is mailed by the clerk’s office. After the objection period runs, if there are no objections, proposed orders will be sent to the judge for review. If an objection is filed, it will be set for hearing.

Trial Docket Call/Adversaries

Typically, Judge Lynn’s trial docket is scheduled on the last Thursday of the month at 9:00 a.m. The judge will schedule trials at the docket call and by signed court order.

The calendar clerk schedules the trial docket call and issues the standing scheduling order when a complaint is filed. The plaintiff’s attorney shall serve all parties the standing scheduling order with the summons and complaint. Compromise, settlement, and stipulations are expected to have occurred prior to the docket call.

Documents are also to be exchanged and marked before the docket call. Pursuant to the standing scheduling order regarding adversary proceedings:

(i)

A proposed pretrial oder shall be served and filed seven calendar days prior to docket call;

(ii)

Proposed fndings of fact and conclusions of law shall be filed three days prior to docket call; and

(iii) A list of witnesses and exhibits, except for those being used for impeachment purposes, shall be filed with the court.

The court may order a status conference on no less than 48 hours notice prior to trial.

Trial docket calls and trial settings are only reset by motion to continue or announcement in court. They may be taken off the docket for settlements if a letter, email or fax, signed by an attorney of record, is received prior to the hearing.

Motions for Default Judgment

Motions for default judgment require a hearing unless the parties have submitted affidavits in writing.

Motions for Summary Judgment

Motions for summary judgment must be submitted with a brief. Such motions always require a hearing unless the court orders otherwise.

Briefs

Any matter counsel anticipates will require significant time for the court to review should include briefs in advance of the hearing. Counsel should provide the court with the documents and supporting briefs.