Judge Eduardo V. Rodriguez

Briefs and memoranda shall not exceed 20 pages, exclusive of a signature page and certificate of service, except upon leave of court for good cause shown.

Briefs and memoranda shall be in 12 point, Times New Roman Font, with one-inch margins. Footnote citations shall be in 10 point, Times New Roman Font.

Judge Rodriguez requires that this “mark” be in the form of redline—a single red underline denoting the amended portion—on not only petitions and their supporting documents, but as to all amended pleadings, proposed orders, documents, and briefs.

THE PROPOSED ORDER MUST INCLUDE A BLANK SPACE FOR THE COURT’S SIGNATURE. DO NOT INCLUDE A SIGNATURE BLOCK OR SIGNATURE TEXT BLOCK.

Submission of an Agreed Order utilizing a form from the court’s website may not be altered without first obtaining leave of court.

A proposed form of agreed or default order on a motion for relief must use the form promulgated by the Court, unless otherwise provided in the Local Rules. Parties are not authorized to alter the promulgated form of order without first obtaining leave of Court.

evidentiary hearings/trials in Chief Judge Rodriguez’s Court.1 Failure to use Form 1-100 will result in the Court striking the noncomplying list.

Relief from stay must be sought, with respect to exempt residences or exempt vehicles, on a standard form of motion promulgated by the Court.

All exhibits, whether hard copy or electronic, must comply with the United States Bankruptcy Court of the Southern District of Texas General Order 2021-5, paragraph 4, which states: If a party-in-interest intends to introduce documents into evidence at a remote or at an in-person hearing, the documents must be filed on CM/ECF. A witness and exhibit list should be filed as a document, with each exhibit being filed as a separate attachment to the witness and exhibit list. For example, if there are three exhibits, and the next CM/ECF document sequence is 101, the witness and exhibit list will be ECF document 101, exhibit 1 will be ECF document 101-1, exhibit 2 will be ECF document 101-2, and exhibit 3 will be ECF document 101-3.

All Means Test documents must be filed as a separate CM/ECF event in each case where a Means Test is required.

A motion for continuation of the automatic stay pursuant to 11 U.S.C. § 362(c)(3)(B), or request for the imposition of the automatic stay pursuant to 11 U.S.C. § 362(c)(4)(B), shall be a contested matter commenced by the filing and service of a motion in accordance with FED. R. BANKR. P. 9014. The motion shall contain allegations of specific fact supporting the requested relief, verified by an affidavit or declaration under oath upon the declarant’s personal knowledge. Any relief sought by the movant or requesting party other than the continuation or imposition of the automatic stay shall not be included in the motion, but may be sought in a separate request for relief filed in accordance with FED. R. BANKR. P. 9014 and/or FED. R. BANKR. P. 7001, as applicable.

All petitions and schedules must be electronically bookmarked when e-filed.

All amended documents must be redlined.

E-Filed documents must be submitted without security settings/protection preventing editing.

Notice of the date of a hearing must be provided by the movant and a certificate of service

In addition, to obtain a continuance of a hearing before Judge Rodriguez: F. a proposed form of order granting the continuance must be uploaded when the motion is filed;

provided when the motion is served and a certificate of service must be included with the motion. If the date is set by the Court, notice must be given within two business days and a certificate of service must be filed.

Motions that are not an emergency, but which require consideration prior to the standard 23 day review may be styled as “Expedited Motion for ____.”

When such leave is granted, a table of contents containing a summary of all points raised shall be included with the brief or memorandum.

When filing an expedited motion, please identify the date by which the expedited relief is needed just below the language required by BLR 9013(b) and include an explanation in the body of the motion setting forth why expedited consideration is required, and the harm that will be suffered if expedited relief is not obtained.

Emergency Motions should be filed using the CM/ECF event code for an “emergency motion.” You must identify the date by which emergency relief is needed just below the language required by BLR 9013(b).

The marked amended document must be filed as an attachment to the unmarked version of the amended document.

Proposed forms of orders must be submitted along with all motions and with all oppositions to motions.

Such motions shall be accompanied by supporting memorandum and an affidavit of counsel setting forth what extrajudicial means have been attempted to resolve the discovery dispute, including a statement that the movant has met in person or by telephone with opposing counsel, or has offered in writing to meet in person or by telephone with opposing counsel on one or more specific dates, and the offer has been refused, or that the movant has not received a written response to the offer. Only those specific portions of the discovery requests, or materials reasonably necessary to a resolution of the motion, shall be included with the motion.

In addition to any requirements under applicable law, the Federal Rules of Bankruptcy Procedure, and the Local Rules, with respect to a party against which the continuation or imposition of the automatic stay is sought, notice and copies of a motion made in accordance with Court Procedure VII § (b) shall be served upon (1) any attorney that represented such party in any bankruptcy case pending in connection with the debtor within one year before the filing of the petition commencing the case, and (2) any attorney that represented such party in any foreclosure, repossession, or other action to enforce a claim against property of the debtor within one year before the filing of the petition commencing the case.

A proposed form of order which specifically recites the amounts requested in fees and in expenses.

A proposed form of order that contains the following decretal paragraph: It is ordered that [name of applicant], is awarded fees and costs as an administrative expense for the period mm/dd/yy through mm/dd/yy as follows: Fees: $_____________ Expenses: $_____________ Total: $_____________ [Name of applicant] is authorized to apply its retainer in the amount of $_________ against the awarded compensation.

Judge Rodriguez generally does not approve the following items frequently found in retainer/employment agreements unless the professional has convincingly justified them in the application itself: attorneys' liens (or other liens) for unpaid bills; late charges/interest; exculpation or limitation/waiver of liability; mandatory arbitration of fee disputes or malpractice claims; provisions that state payment is due upon invoicing; and provisions that allow counsel to withdraw as counsel for debtors-in-possession without court approval

If total fees and expenses for applicant from this and all prior applications exceed $2,000, a narrative description of the services performed and the benefits of those services.

It is ordered that [name of applicant], is awarded fees and costs as an administrative expense for the period mm/dd/yy through mm/dd/yy as follows: Fees: $_____________ Expenses: $_____________ Total: $_____________ [Name of applicant] is authorized to apply its retainer in the amount of $_________ against the awarded compensation.

Attached copies of all fee statements which shall be sufficiently detailed to allow the Court to determine whether all the time, or any portion thereof, is actual, reasonable and necessary.

Employment orders should reflect that fees and expenses are subject to court approval and any request for allowance and payment of such fees is subject to the Court’s Guidelines for Compensation and Expense Reimbursement of Professionals and Trustees.

In addition to the requirements of BLR 3007-1, when an objection to a Proof of Claim is filed, a copy of the Proof of Claim must be attached to the objection.

Judge Rodriguez will normally not allow real estate professionals representing the estate (as seller) to represent buyers.2 Any application to employ a real estate professional should reflect the agreement of the professional that they will not represent the buyer, and the proposed form of order should likewise reflect the prohibition against dual agency.

the proposed form of order should likewise reflect the prohibition against dual agency.

Applications for compensation and reimbursement in cases under chapter 11 or 12 must contain the following information. If additional information is required, the Court will request a supplement. A numbered table containing the following information, which shall begin on the first page of the application: Name of applicant: Applicant’s professional role in case: Indicate whether this is an interim or final application: Date Order of Employment Signed: mm/dd/yy [ECF No. ____] Beginning of Period Ending of Period Total period covered in application: mm/dd/yy mm/dd/yy Time periods covered by any prior applications mm/dd/yy mm/dd/yy Total amounts awarded in all prior applications $ Amount of retainer received in the case $ Total fees applied for in this application and in all prior $ applications (including any retainer amounts applied or to be applied) Total fees applied for in this application (including any retainer $ amounts to be applied) Total professional fees requested in this application $ Total professional hours covered by this application

Attached copies of all fee statements which shall be sufficiently detailed to allow the Court to determine whether all the time, or any portion thereof, is actual, reasonable, and necessary.

To provide notice of this process, Judge Rodriguez expects that proposed confirmation orders should be filed, and as revisions are made, that such revisions be circulated to the Court, counsel for any official committees, the Office of the United States Trustee, and any parties having objected to the plan or in active negotiations regarding provisions of the plan.

As required by FED. R. BANKR. P. 4001(b)(1)(A), cash collateral motions (including emergency motions), should be accompanied by a proposed form of order, which ordinarily should be attached as an exhibit to the motion. The motion and/or order should include, as an attachment, a summary of projected revenue and a line item expense budget during the proposed cash collateral period. The budget ordinarily should be weekly for emergency motions and monthly for other motions.

When filing omnibus objections, please remember to comply with Bankruptcy Rules 3007(d), (e).

Upon filing a Notice of Removal, pursuant to FED. R. BANKR. P. 9027 and BLR 9027-1, 9027-2, the Court requires that an index of the state court documents attached to the Notice of Removal be included in a particular format in order to appropriately organize and allow the Court and other parties to easily access state court documents. The state court documents must be in chronological and ascending order and track the state court docket numbers. The state court docket must be attached as Exhibit No. 1 to the Notice of Removal. Exhibit No. 2 of the Notice of Removal should be the first document filed in state court, so forth and so on. The Index must be filed as a separate CM/ECF document and clearly identify each exhibit and title of each of the state court documents attached to the Notice of Removal. In the Index, the state court docket must be labeled as Exhibit No. 1 to the Notice of Removal.

If a motion seeks entry of an order containing any of the above provisions, the notice of the motion should specifically disclose that the motion seeks such relief.

Sign and date pleadings.

Forms of order (e.g. motions to modify, motions to reinstate, motions to sell) should not allow attorney fees as to which there has been no fee application.

Do not submit a proposed form of order without a motion. (Exception: Chapter 13 wage orders may be submitted without a motion, but must bear the signature of the Debtor).

Attach proposed forms of order to all motions.

Chapter 13 Plans must have month and year for each payment, e.g. (Jan. 2016).

the following language: The Honorable Eduardo V. Rodriguez is appointed as mediator in this case. At all times in the performance of his mediation duties, Judge Rodriguez will be acting in his official capacity as a United States Bankruptcy Judge, with all of the privileges and immunities of a United States Bankruptcy Judge.

The parties must file a motion for agreed entry with an accompanying agreed order. The order must designate a mediator and set forth any specific conditions the parties have agreed to and want included in the order.

Not later than fourteen (14) days prior to the status conference set by the Order, Debtor must file a Chapter 11 Status Conference Statement with the Clerk of Court that addresses the following: a. the efforts the debtor has undertaken and will undertake to attain a consensual reorganization plan; b. any complications the debtor anticipates in promptly proposing and confirming a plan, including any need for discovery, valuation, motion practice, claim adjudication, or adversary proceeding litigation; c. an outline of the proposed plan; d. a description of the nature of the debtor’s business or occupation, the primary place of business, the number of locations from which it operates, and the number of employees or independent contractors it utilizes in its normal business operations and the goals of the reorganization plan; e. any motions that the debtor contemplates filing or expects to file before confirmation; f. any objections to any claims or interests the debtor expects to file before confirmation and any potential need to estimate claims for voting purposes; g. the business, financial, and other problems that prompted the filing of this case; h. attendance at a meeting of creditors pursuant to 11 U.S.C. § 341(a); i. the estate’s need for professionals (e.g., attorneys, accountants, brokers, etc.); j. whether the debtor is current on the filing of all required tax returns; k. unique issues concerning secured debt, employees, cash collateral, executory contracts, and existing management; l. postpetition operations and revenue; m. status of any litigation pending in or outside this Court; n. compliance with requests for information from the United States Trustee including, but not limited to, requests made in the initial debtor interview; o. type and adequacy of insurance coverage; p. Debtor-In-Possession Bank Account; q. any other matters that might materially affect the administration of this case.

The Master Service List should initially include: (a) the Office of the United States Trustee for the Southern District of Texas; (b) the debtor; (c) the attorneys for the debtor; (d) the Subchapter V Trustee, (e) the debtor’s secured lenders; (f) the debtor’s twenty (20) largest unsecured creditors; (g) those persons who have formally appeared in the chapter 11 case and requested service pursuant to Federal Bankruptcy Rule 2002; (h) all applicable government agencies to the extent required by the Bankruptcy Rules and the Local Rules; and (i) any known counsel for (d) – (h). Any party in interest that files a Notice of Appearance must be added to the Master Service List.

Each certificate/affidavit of service must include the actual e-mail or regular mail address for each party that is served under this section unless otherwise ordered.

30. Under § 327, the debtor and, in appropriate circumstances, the trustee may employ professionals, including attorneys, accountants, appraisers or auctioneers to assist the debtor or the trustee in performing trustee duties under title 11. Those professionals may be awarded compensation for actual and necessary services and reimbursement for actual and necessary expenses, pursuant to § 330. The employment of professionals must be approved by the court, and court approval should be requested prior to the commencement of work.18

31. Pursuant to § 330, after notice and a hearing, and subject to § 328, the court may award a professional person employed pursuant to § 327 reasonable compensation for actual, necessary services.19 Unless otherwise permitted by the court, a professional may apply for interim compensation and reimbursement of expenses not more than once every 120 days.20 Professionals also are required to file final applications for compensation. Pursuant to Bankruptcy Rule 2016(a), each application for interim or final fees and expenses must include the following: (i) a detailed statement of services rendered, time expended, and expenses incurred; (ii) a statement of the amount of fees and expenses requested; (iii) a statement of payments received or promised for services rendered or to be rendered in any capacity in connection with the case; (iv) a statement of the source of compensation paid or promised; and (v) a statement of whether an agreement or understanding exists for the sharing of compensation received or to be received.

27. On motion by the Debtor, a hearing will be conducted as a First Day hearing to consider either interim cash collateral use and/or interim debtor-in-possession financing. The Debtor’s motion must contain a summary of all parties that hold a pre-petition lien or security interest in the Debtor’s accounts or proceeds (including any liens of the Internal Revenue Service or other taxing authorities). The Debtor must introduce a detailed, line-item budget/cash flow projection showing sources of cash and uses of cash necessary for ongoing operations on a weekly basis for not less than the first four (4) weeks (thirty (30) days) of the Subchapter V case including adequate protection payments (if any), insurance, taxes, professional fees, and Subchapter V Trustee deposits. Financing motions shall also include in the body of the motion and in an attached summary all terms and provisions including: amount, rate, payment, adequate protection, cross-collateralization, default provisions, carve-outs, roll- ups, releases, limits on the Debtor’s rights, priming liens, and any other term or provision that impacts the rights, duties, or obligations of the Debtor, the Bankruptcy Estate, the Subchapter V Trustee, the U.S. Trustee, the Court, any secured creditor, and/or any other parties.

29. Simultaneously with the filing of any motion to use cash collateral and/or motion for debtor- in-possession financing, the Debtor must file with the Court a UCC Lien Search from the applicable state filing office conducted within ten (10) days prior to the Petition date.

Judge Rodriguez will normally not allow auctioneers to recover labor costs or to charge a buyers’ premium. Any application to employ an auctioneer should reflect the specify that no such premium is permitted.

28. At least five (5) days prior to the final hearing on cash collateral and/or financing, the Debtor must file a detailed, line-item budget/cash flow projection showing sources of cash and uses of cash necessary for ongoing operations for one hundred twenty (120) days of the Subchapter V case including adequate protection payments (if any), insurance, taxes, professional fees, and Subchapter V Trustee deposits and file a proposed form of final order along with a redline showing edits compared to the interim order.