Bankr. E.D. Tex. LBR 9019-1 — Compromise and Arbitration: the court's own rule, verbatim from LOCAL RULES OF BANKRUPTCY PROCEDURE OF THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF TEXAS ([Revised August 22, 2022]), official PDF, sha-custodied. Court-level requirement: applies in every case before the U.S. Bankruptcy Court for the Eastern District of Texas alongside the Federal Rules of Bankruptcy Procedure and any judge-specific procedures.
A motion to approve compromise must: (A) contain an analysis of the settlement factors invoked in this context by decisions of the United States Supreme Court and the Fifth Circuit Court of Appeals: See, e.g., Protective Comm. For Indep. Stockholders of TMT Trailer Ferry, Inc. v. Anderson, 390 U.S. 414, 425 (1968); Official Comm. of Unsecured Creditors v. Cajun Electric Power Coop., Inc. (In re Cajun Elec. Power Coop., Inc.), 119 F.3d 349, 355-56 (5th Cir. 1997); Connecticut Gen. Life. Ins. Co. v. United Cos. Fin. Corp. (In re Foster Mortgage Corp.), 68 F.3d 914, 917 (5th Cir. 1995); (B) cite any adversary proceeding, by style and number, and provide trial setting information; (C) attach a copy of the settlement agreement; (D) contain an affidavit or an unsworn declaration under penalty of perjury as provided in 28 U.S.C. §1746 by the debtor or trustee recommending settlement approval under the case law guidelines. (E) contain the 21-day negative notice language described in LBR 9007(a); and (F) attach a certificate of service reflecting service on the master mailing list (matrix) as constituted by the Court on the date of service.
A motion to approve compromise must: (A) contain an analysis of the settlement factors invoked in this context by decisions of the United States Supreme Court and the Fifth Circuit Court of Appeals: See, e.g., Protective Comm. For Indep. Stockholders of TMT Trailer Ferry, Inc. v.