Order Granting Complex Chapter 11 Bankruptcy Case Treatment (Exhibit D)

EXHIBIT D IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS ______________ DIVISION IN RE: § § § § § CASE NO. DEBTOR. ORDER GRANTING COMPLEX CHAPTER 11 BANKRUPTCY CASE TREATMENT This bankruptcy case was filed on ______________, 200__. A Notice of Designation as Complex Chapter 11 Case (see General Order 2004-03) was filed. After review of the initial pleadings filed in this case, the court concludes that this case appears to be a complex Chapter 11 case. Accordingly, unless the court orders otherwise, IT IS ORDERED: 1. The debtor shall maintain a service list identifying the parties that must be served whenever a motion or other pleading requires notice. Unless otherwise required by the Bankruptcy Code or Rules, notices of motions and other matters will be limited to the parties on the service list. a. The service list shall initially include the debtor, debtor's counsel, counsel for the unsecured creditors' committee, the U.S. Trustee, all secured creditors, the 20 largest unsecured creditors of each debtor, any indenture trustee, and any party that requests notice; Any party in interest that wishes to receive notice, other than as listed on the service list, shall be added to the service list by filing and serving the debtor and debtor's counsel with a notice of appearance and request for service. Parties on the service list are required to provide an e-mail address and a fax number for service of pleadings and notices. A party who has registered with the b. c. American LegalNet, Inc. www.USCourtForms.com d. court for use of the court's electronic filing system has consented to service by email to the extent provided in the Revised Administrative Procedures for Electronic Case Filing adopted by General Order 2003-01.2. A party who has not registered for use of the court's electronic filing system may consent to fax or email service in the party's notice of appearance and request for service. Notwithstanding consent to e-mail service, a "hard copy" shall be served by fax or by regular mail only if required by the Revised Administrative Procedures for Electronic Case Filing; The initial service list shall be filed within 3 days after entry of this order. A revised list shall be filed 7 days after the initial service list is filed. The debtor shall update the service list, and shall file a copy of the updated service list, (i) at least every 7 days during the first 30 days of the case; (ii) at least every 15 days during the next 60 days of the case; and (iii) at least every 30 days thereafter throughout the case. 2. The court sets _____________ of each week at _______ __.m. as the pre-set hearing day and time for hearing all motions and other matters in these cases. (There may be exceptions; those exceptions will be noted on the court's internet schedule, available at www.txnb.uscourts.gov.) a. All motions and other matters requiring hearing, but not requiring expedited or emergency hearing, shall be noticed for hearing, on the next pre-set hearing day that is at least 23 days after the notice is mailed. Parties may use the court's selfcalendar procedure at www.txnb.uscourts.gov. The court will hear matters on any pre-set hearing date as time permits. Parties must establish the recommended priority for hearing matters on any pre-set hearing date using the agenda format provided by Exhibit F to Procedures for Complex Chapter 11 Cases. The court will ultimately determine the manner of proceeding on any pre-set hearing date, and may continue hearings to subsequent pre-set hearing dates. As a preface to each pleading, just below the case caption, in lieu of the language required by Local Bankruptcy Rule 9007.1, and notwithstanding Local Bankruptcy Rule 9014.1, the pleading shall state: A HEARING WILL BE CONDUCTED ON THIS MATTER ON AT _______.M. IN COURTROOM _______, ___________, ___________, TEXAS. IF YOU OBJECT TO THE RELIEF REQUESTED, YOU MUST RESPOND IN WRITING, SPECIFICALLY ANSWERING EACH PARAGRAPH OF THIS PLEADING. UNLESS OTHERWISE DIRECTED BY THE COURT, YOU MUST FILE YOUR RESPONSE WITH THE CLERK OF THE BANKRUPTCY COURT WITHIN TWENTY DAYS FROM THE DATE YOU WERE SERVED WITH THIS PLEADING. YOU MUST SERVE A COPY OF YOUR 2 American LegalNet, Inc. www.USCourtForms.com RESPONSE ON THE PERSON WHO SENT YOU THE NOTICE; OTHERWISE, THE COURT MAY TREAT THE PLEADING AS UNOPPOSED AND GRANT THE RELIEF REQUESTED. b. All motions and other matters requiring expedited or emergency hearing shall comply with the usual court requirements for explanation and verification of the emergency. Specifically, if a party in interest has an emergency or other situation that it believes requires consideration on less than 23-days' notice, the party should file and serve a separate, written motion for expedited hearing, in respect of the underlying motion, and may present the motion for an expedited hearing either (a) ex parte at a regular docket call of the presiding judge, or (b) at the next available pre-set hearing day. The court will rule on the motion for expedited hearing within 24 hours of the time it is presented. If the court grants the motion for expedited hearing, the underlying motion will be set by the courtroom deputy at the next available pre-set hearing day or at some other appropriate shortened date approved by the court. The party requesting the hearing shall be responsible for providing proper notice in accordance with this order and the Bankruptcy Code and Rules. 3. Emergency and expedited hearings (and other hearings in limited circumstances) in this case may be conducted by telephone conference. Parties must request permission to participate by telephone by contacting the courtroom deputy by e-mail. If a matter is properly noticed for hearing and the parties reach a settlement of the dispute prior to the final hearing, the parties may announce the settlement at the scheduled hearing. If the court determines that the notice of the dispute and the hearing is adequate notice of the effects of the settlement, (i.e., that the terms of the settlement are not materially different from what parties in interest could have expected if the dispute were fully litigated) the court may approve the settlement at the hearing without further notice of the terms of the settlement. The debtor shall give notice of this order to all parties in interest within 7 days. If any party in interest, at any time, objects to the provisions of this order, that party shall file a motion articula