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LOCAL RULES FOR THE
UNITED STATES BANKRUPTCY COURT
- EASTERN DISTRICT OF TENNESSEE


[Note: This text is searchable by using the "edit/find"command of your web browser]


Effective April 15, 1997, the United States Bankruptcy Court for the Eastern District of Tennessee revised its local rules of practice. Although the new rules contain a few minor modifications and clarifications, the primary purpose of the revision was to comply with a 1995 amendment to Rule 9029(a) of the Federal Rules of Bankruptcy Procedure, which added a requirement that "local rules shall conform to any uniform numbering system prescribed by the Judicial Conference of the United States." The Judicial Conference adopted such a system, and the 1997 revision of the Local Rules of the United States Bankruptcy Court for the Eastern District of Tennessee conforms to that system.

What follows is a table listing the disposition of the former local rules. The revised rules appear thereafter.

(Click here to go directly to the revised rules.)


Former Rule Revised Rule
Rule 1 Local rules; scope and definitions

Rule 1(a) Reference

Rule 1(b) Scope

Rule 1(c) Definitions



E.D. Tenn. LBR 1001-1(a)

E.D. Tenn. LBR 1001-1(b)

E.D. Tenn. LBR 9001-1

Rule 2 Bar admission

Rule 2(a) General

Rule 2(b) Pro hac vice

Rule 2(c) Discipline



E.D. Tenn. LBR 2090-1(a)

E.D. Tenn. LBR 2090-1(b)

E.D. Tenn. LBR 2090-2

Rule 3 Counsel

Rule 3(a) Appearance

Rule 3(b) Pro se . . .

Rule 3(c) Substitution

Rule 3(c) Counsel - Withdrawal



E.D. Tenn. LBR 9010-1

E.D. Tenn. LBR 9011-2

E.D. Tenn. LBR 2091-1(b)

E.D. Tenn. LBR 2091-1(a)

Rule 4 Office of the clerk

Rule 4(a) Division offices

Rule 4(b) No legal advice

Rule 4(c) Payment of fees



E.D. Tenn. LBR 1071-1 & 5001-2

E.D. Tenn. LBR 5003-1

E.D. Tenn. LBR 5080-1 & 5081-1

Rule 5 Papers presented for filing or submitted for entry

Rule 5(a) General format

Rule 5(b) Exhibits

Rule 5(c) Caption

Rule 5(d) No fax filing




E.D. Tenn. LBR 9004-1(a) & 9011-4

E.D. Tenn. LBR 9004-1(b)

E.D. Tenn. LBR 9004-2

E.D. Tenn. LBR 5005-4

Rule 6 Case filings

Rule 6(a) Number of copies

Rule 6(b) Official forms

Rule 6(c) Master address list

Rule 6(d) Notice as court order

E.D. Tenn. LBR 5005-2

E.D. Tenn. LBR 9009-1

E.D. Tenn. LBR 1007-2

E.D. Tenn. LBR 2002-1(a)

Rule 7 Service of notices, pleadings, motions & other papers

Rule 7(a) Certificate

Rule 7(b) Service on U.S.T.

Rule 7(c) Service on U.S. Att'y

Rule 7(d) Service on the state of Tennessee

Rule 7(e) Service on U.S. agencies




E.D. Tenn. LBR 9013-3

E.D. Tenn. LBR 2002-1(b)

E.D. Tenn. LBR 2002-2(a) & 2002-3
E.D. Tenn. LBR 2002-1(c)

E.D. Tenn. LBR 2002-2(b)

Rule 8 Judicial proceedings

Rule 8(a) Disposal of exhibits

Rule 8(b) Settlements

Rule 8(c) No electronic equipment



E.D. Tenn. LBR 9070-1

E.D. Tenn. LBR 9019-1

E.D. Tenn. LBR 5073-1

Rule 9 Adversary proceedings

Rule 9(a) Cover sheet

Rule 9(b) Summons

Rule 9(c) Motions generally

Rule 9(d) Motion to amend



E.D. Tenn. LBR 7003-1

E.D. Tenn. LBR 7004-2

E.D. Tenn. LBR 7007-1

E.D. Tenn. LBR 7015-1

Rule 10 Discovery

Rule 10(a) Filing of documents

Rule 10(b) Inspections . . .

Rule 10(c) Application of R. 7026

Rule 10(d) Motions for discovery



E.D. Tenn. LBR 7005-2

E.D. Tenn. LBR 7045-1

E.D. Tenn. LBR 7026-1

E.D. Tenn. LBR 7037-1

Rule 11 Chapter 11 case & estate administration

Rule 11(a) Operating reports

Rule 11(b) Service by DIP/Trustee

Rule 11(c) Motions, R. 4001(a)

Rule 11(d) Motions & notices 4001(b-d)

Rule 11(e) Hearing date & time

Rule 11(f) Modification of rule




E.D. Tenn. LBR 2015-2(a)

E.D. Tenn. LBR 2002-1(d)

E.D. Tenn. LBR 4001-1(a)

E.D. Tenn. LBR 2015-2(b)

Deleted

Deleted

Rule 13 Chapter 13 case & estate administration

Rule 13(a) Small payments

Rule 13(b) Business case reports

Rule 13(c) Initial fee requests

Rule 13(d) Add'l fee requests

Rule 13(e) Fee request hearings

Rule 13(f) Scheduling of certain hearings,

Southern and Winchester Divisions

Rule 13(g) Scheduling objections to confirmation

Northern & Northeastern Divisions

Rule 13(h) Modification of confirmed plans,

Northern & Northeastern Divisions

Rule 13(i) Conversion to Chapter 7

Rule 13(j) Chapter 13 trustee's duties, Northern

& N'eastern Divs.



E.D. Tenn. LBR 3010-1

E.D. Tenn. LBR 2015-5

E.D. Tenn. LBR 2016-1(a)

E.D. Tenn. LBR 2016-1(b)

E.D. Tenn. LBR 2016-1(c)

E.D. Tenn. LBR 2002-1(e)

E.D. Tenn. LBR 3015-3

E.D. Tenn. LBR 3015-2

E.D. Tenn. LBR 1017-1

Deleted (Information was in
APPENDIX E)

Rule 14 Chapter 7 case & estate administration

Rule 14(a) Abandonment

Rule 14(b) Relief from stay motions

Rule 14(c) Discharge hearings

Rule 14(d) Motions to redeem



E.D. Tenn. LBR 6007-1

E.D. Tenn. LBR 4001-1(b)

E.D. Tenn. LBR 4004-1

E.D. Tenn. LBR 6008-1

Rule 15 Lien avoidance under § 522(f) E.D. Tenn. LBR 4003-2
APPENDIX E

I. Proofs of claim

(A)

(B-E)

(F)

II. Meeting of creditors

III. Service





Deleted

E.D. Tenn. LBR 5075-1(a)

E.D. Tenn. LBR 3007-1

E.D. Tenn. LBR 5075-1(b)

Deleted







UNITED STATES BANKRUPTCY COURT

FOR THE

EASTERN DISTRICT OF TENNESSEE

LOCAL RULES




Incorporating Uniform Numbering System

for Local Bankruptcy Rules

Effective: April 15, 1997
Published April 1997




TABLE OF CONTENTS







RULE 1001-1. LOCAL RULES -- SCOPE, CITATION

(a) REFERENCE AND CITATION.

These rules, effective January 17, 1995, known as the Local Rules of the United States Bankruptcy Court for the Eastern District of Tennessee, are adapted to conform to the Uniform Numbering System for Local Bankruptcy Rules approved by the Advisory Committee on Rules of Practice and Procedure of the Judicial Conference of the United States. A local rule should be referred to and cited as "E.D. Tenn. LBR ____."

(b) SCOPE.

These local rules govern all pending cases, contested matters and adversary proceedings, except to the extent the court determines that their application would work an injustice and enters an order excusing compliance. The rules, as renumbered, supersede all previous local rules of practice and procedure of this court effective April 15, 1997.

(c) EFFECTIVE DATE.

The effective date of these local rules, as renumbered, is April 15, 1997.


RULE 1007-2. MAILING -- LIST OR MATRIX

(a) A master address list shall be filed along with any petition initiating a voluntary bankruptcy case or within fifteen days after entry of an order for relief in an involuntary case. The list will be treated as the list of creditors required by Rule 1007(a). The list shall include the names and complete addresses of all creditors and parties in interest, including equity security holders in a chapter 11 case, who are to be notified of the case as required by the Bankruptcy Code and the Federal Rules of Bankruptcy Procedure, including the addresses of all parties required to be notified under Rule 2002(j). In all chapter 11 cases and in any other case in which a department, agency or instrumentality of the United States is a party, the list shall also include the address of the United States Attorney.

(b) The clerk's office utilizes an optical character reader to input the master address list. Accordingly, the list shall be submitted in either a Courier 10 pitch or Prestige Pica typeface/print style. Each entry containing the name and address of a creditor or party in interest, being no more than five lines total, must be in a single column per page. A blank line must separate each entry. Each line must be less than 40 characters in length. The zip code must be on the last line of each entry. Nine digit zip codes should contain a hyphen separating the two groups of digits. If an account number or "to the attention of" is included in an entry, that information should be located on the second line of the entry.

(c) Every master address list shall be accompanied by a verification from every debtor stating that "the above named debtor(s) hereby verify(ies) that the attached list of creditors is true and correct to the best of my(our) knowledge," signed by the debtor(s) and the attorney of record. The failure of a debtor to file a master address list shall constitute grounds for the sua sponte dismissal of a case.


RULE 1017-1. CONVERSION -- REQUEST FOR/NOTICE OF

Pursuant to 11 U.S.C. § 1307(a) and Rule 1017, a chapter 13 case shall be converted to chapter 7 upon the filing of a notice of conversion by the debtor. In addition, any motion filed by a debtor seeking to convert a chapter 13 case to a case under chapter 7 will be treated as a notice of conversion and the chapter 13 case shall be converted.


RULE 1071-1. DIVISIONS -- BANKRUPTCY COURT

The court comprises four divisions:

(a) The Northeastern Division, which is comprised of the Tennessee counties of Carter, Cocke, Greene, Hamblen, Hancock, Hawkins, Johnson, Sullivan, Unicoi and Washington, is served by the clerk's office in Greeneville, Tennessee.

(b) The Northern Division, which is comprised of the Tennessee counties of Anderson, Blount, Campbell, Claiborne, Grainger, Jefferson, Knox, Loudon, Monroe, Morgan, Roane, Scott, Sevier and Union, is served by the clerk's office in Knoxville, Tennessee.

(c) The Southern Division, which is comprised of the Tennessee counties of Bledsoe, Bradley, Hamilton, McMinn, Marion, Meigs, Polk, Rhea and Sequatchie, is served by the clerk's office in Chattanooga, Tennessee.

(d) The Winchester Division, which is comprised of the Tennessee counties of Bedford, Coffee, Franklin, Grundy, Lincoln, Moore, Van Buren and Warren, is served by the clerk's office in Chattanooga, Tennessee.


RULE 2002-1. NOTICE TO CREDITORS & OTHER INTERESTED PARTIES

(a) GENERAL PROVISIONS.

A notice from the clerk to creditors and parties in interest advising of the commencement of a bankruptcy case and fixing the date for the meeting of creditors under 11 U.S.C. § 341(a) shall constitute an order of the court.

(b) UNITED STATES TRUSTEE.

(1) Southern and Winchester Divisions. For cases pending in the Southern and Winchester Divisions, all notices, pleadings, and other papers that must be served on the United States Trustee pursuant to the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, court order, or these local rules should be served at the following address:

Assistant United States Trustee

Historic U.S. Courthouse

31 East 11th Street, 4th Floor

Chattanooga, Tennessee 37402.

(2) Northeastern and Northern Divisions.

(A) For cases pending in the Northeastern and Northern Divisions, all notices, pleadings, and other papers that must be served on the United States Trustee should be served on the attorney for the United States Trustee at the following address:

United States Trustee

Suite 1010, First Tennessee Plaza

Knoxville, Tennessee 37929.

(B) In chapter 11 cases pending in the Northeastern and Northern Divisions, disclosure statements and plans should also be served on the Assistant United States Trustee at the address in subsection (b)(1) of this rule.

(c) STATE OF TENNESSEE.

(1) Notice to the state of Tennessee or its agencies, departments or instrumentalities shall be accomplished by notice to the Tennessee Attorney General at the following address:

(Agency, Department or Instrumentality Name or Names)

Tennessee Attorney General's Office, Bankruptcy Unit

426 5th Avenue, 2nd Floor

Nashville, Tennessee 37243-0489

(2) The first line of the address of the notice should name the agency, department or instrumentality of the state of Tennessee that is directly involved or interested, if known. These agencies, departments or instrumentalities include, but are not limited to:

Tennessee Alcoholic Beverage Commission

Tennessee Board of Paroles

Tennessee Board of Regents

Tennessee Department of Agriculture

Tennessee Department of Commerce and Insurance

Tennessee Department of Consumer Affairs

Tennessee Department of Corrections

Tennessee Department of Economic and Community Development

Tennessee Department of Employment Security

Tennessee Department of Environment and Conservation

Tennessee Department of Finance and Administration

Tennessee Department of Financial Institutions

Tennessee Department of Health

Tennessee Department of Human Services

Tennessee Department of Labor

Tennessee Department of Mental Health

Tennessee Department of Military

Tennessee Department of Personnel

Tennessee Department of Revenue

Tennessee Department of Safety

Tennessee Department of Tourist Development

Tennessee Department of Transportation

Tennessee Department of Veteran's Affairs

Tennessee Department of Youth Development

Tennessee Housing Development Agency

Tennessee Secretary of State

Tennessee Student Assistance Corporation

University of Tennessee (and member institutions)

(d) CHAPTER 11 RULE 2002 NOTICES.

In a chapter 11 case, notices required by subsections (a)(2), (a)(3), (a)(6), (b), and (f)(7) of Rule 2002 shall be given by the debtor-in-possession or the trustee. Unless the court orders otherwise, notices required by subsections (a)(2) and (a)(3) of Rule 2002 shall be served only on any party entitled to notice under Rule 9014, the United States Trustee, the committees appointed under 11 U.S.C. § 1102, the twenty largest unsecured creditors, any government or department, agency, or instrumentality of any government to whom the debtor may be indebted or that may otherwise be affected, the United States Attorney, and any other individual or organization requesting notice.

(e) CHAPTER 13 HEARING NOTICES - SOUTHERN AND WINCHESTER DIVISIONS.

Attorneys or parties who file certain motions, objections and applications in the Southern and Winchester Divisions are expected to serve the motions, objections, and applications with notice of the hearing. Appendix B lists the motions, objections, and applications and sets forth the scheduling guidelines for chapter 13 cases in the Southern Division. Appendix C provides the same information for chapter 13 cases pending in the Winchester Division. Appendix B and Appendix C are hereby incorporated into this rule.


RULE 2002-2. NOTICE TO UNITED STATES OR FEDERAL AGENCY

(a) Notices to the United States of America required by Rule 2002(j) shall also be served on the United States Attorney for the Eastern District of Tennessee at the following divisional offices:

Northeastern Division: 103 W. Summer Street Greeneville, Tennessee 37743

Northern Division: Post Office Box 872

Knoxville, Tennessee 37901-0872

Southern and

Winchester Divisions: 1110 Market Street, Suite 301

Chattanooga, Tennessee 37402



(b) When required by the Bankruptcy Code, court order, or these rules, notice to agencies, departments, or instrumentalities of the United States of America shall be accomplished by notice to the appropriate agency at the following addresses including, but not limited to:

District Director

Internal Revenue Service

c/o Special Procedures Branch

801 Broadway -- MDP 146

Nashville, Tennessee 37203

District Director

U.S. Small Business Administration

50 Vantage Way, Suite 201

Nashville, Tennessee 37228-1500



U.S. Department of Agriculture

(Name of specific administration or office)

3322 West End Avenue, Suite 300

Nashville, Tennessee 37203

District Director

U.S. Department of Veterans Affairs

110 Ninth Avenue, South

Nashville, Tennessee 37203

U.S. Department of Interior

Office of the Solicitor

530 South Gay Street, Room 308

Knoxville, Tennessee 37901

U.S. Department of Energy

Chief Counsel

P.O. Box 2001

Oak Ridge, Tennessee 37831

District Director

U.S. Department of Housing & Urban Development

John J. Duncan Federal Bldg., Drawer 300

710 Locust Street

Knoxville, Tennessee 37902-2526

U.S. Department of Education

50 United Nations Plaza

Attention: Litigations Unit

San Francisco, California 94102




RULE 2002-3. UNITED STATES AS CREDITOR OR PARTY

In all cases in which the United States or any of its agencies, departments or instrumentalities is a creditor or party in interest, a party who brings a matter before the court shall certify that the United States Attorney for the Eastern District of Tennessee was also served notice of the matter at the address specified in E.D. Tenn. LBR 2002-2(a).


RULE 2015-2. DEBTOR-IN-POSSESSION OR TRUSTEE DUTIES

(a) CHAPTER 11 OPERATING REPORTS.

(1) Necessity and Content. Unless the court orders otherwise, the debtor-in-possession or trustee, as the case may be, shall file with the clerk verified monthly reports no later than the fifteenth day of each month setting forth a summary of the past month's operations of the business, including without exception statements of (i) receipts from all sources; (ii) disbursements for all purposes, including the names of the persons or entities to which the payments were made and the amount of such payments; (iii) the amount of indebtedness remaining unpaid and incurred, including contractual and other obligations assumed; (iv) inventory in dollars on hand at the beginning of the month and the inventory in dollars on hand at the end of the month; and (v) all sums withheld by the debtor or required to be paid by the debtor for social security taxes or contributions and federal withholding taxes, and whether such sums were paid. If payments referred to in (v) were made or deposited, copies of the receipts issued from the federal depository shall be attached.

(2) Service. A copy of each operating report shall be served on the United States Trustee, the committee of creditors appointed under 11 U.S.C. § 1102, the United States Attorney, the Internal Revenue Service, and any other creditor or party in interest that requests in writing copies of such reports.

(b) CHAPTER 11 RULE 4001 NOTICES.

Motions and hearing notices required by subsections (b), (c), and (d) of Rule 4001 shall be served by the debtor-in-possession or the trustee on any individual or organization entitled to notice under Rule 9014, the United States Trustee, all committees appointed under 11 U.S.C. § 1102, the twenty largest unsecured creditors, any government or department, agency or instrumentality of any government to whom the debtor may be indebted or which may otherwise be affected thereby, the United States Attorney, creditors scheduled as having secured claims, and on any other individual or organization requesting service of such motions or notices. The court will hold a hearing on all motions filed pursuant to Rule 4001(b), (c), and (d).


RULE 2015-5. TRUSTEES AND DEBTOR -- CHAPTER 13

A chapter 13 debtor engaged in business shall file a monthly report of the financial condition of the estate by the fifteenth day of each month following the reporting month. This report shall contain a statement of the operation of the business for the reporting month, including a statement of receipts and disbursements, and if payments are made to employees, a statement of the deductions for withholding and social security taxes, including the place where such deposits are held. A copy of the report shall be served on the chapter 13 trustee, the Internal Revenue Service, and any other creditor or party in interest that requests in writing copies of such reports.


RULE 2016-1. COMPENSATION OF PROFESSIONALS

(a) CHAPTER 13 PRECONFIRMATION SERVICES.

In chapter 13 cases, the debtor's attorney may request compensation of services rendered through confirmation in an amount not to exceed $850.00 without the itemized statement required by Rule 2016. For requests of fees in excess of $850.00, the debtor's attorney must file an itemized statement conforming with Rule 2016. The factors that will be considered by the court in determining initial compensation for the debtor's attorney include the (1) total amount of the secured and unsecured debt; (2) nature of the case, whether consumer or business; and (3) complexity of the case.

(b) CHAPTER 13 POSTCONFIRMATION SERVICES.

In chapter 13 cases, the debtor's attorney may request compensation for services rendered after confirmation without the necessity of filing the itemized statement required by Rule 2016 if the amount requested does not bring the total compensation (compensation awarded for preconfirmation services plus requested postconfirmation fees) to more than $1,250.00. Such a request must be served on the chapter 13 trustee and the debtor and contain a summary of the services performed, the amount of additional fees requested and previously awarded, and a statement that an additional award will not diminish the dividend to be paid unsecured creditors under the debtor's confirmed plan. A proposed order authorizing the compensation in an amount to be fixed by the court must accompany each request for additional compensation. If no objection to the request is filed within ten days after service, the court will then disapprove the request or approve it in whole or in part. If an objection is filed, a hearing will be set on the request for additional compensation. If the fees requested both pre and postconfirmation exceed $1,250.00, debtor's attorney must file a fee request conforming to Rule 2016 and containing a statement of the attorney's hourly rate in chapter 13 cases.

(c) CHAPTER 13 HEARING ON REQUESTS.

The opportunity for notice and a hearing on a request for compensation under subsection (a) or (b) of this rule as required under 11 U.S.C. § 330(a) and Rule 2002(a) is deemed satisfied, provided the attorney's fee request includes a statement that he or she has furnished a copy to the debtor and the chapter 13 trustee. Notwithstanding this rule, the court sua sponte or at the request of the trustee or any other party in interest may require a hearing on any request for compensation and the filing of an application under Rule 2016(a).


RULE 2090-1. ATTORNEYS -- ADMISSION TO PRACTICE

(a) GENERAL ADMISSION.

The Bar of this court consists of all present members and those attorneys hereafter admitted to practice before the district court in accordance with E.D. TN. Local Rule 83.5.

(b) ADMISSION PRO HAC VICE.

Upon a proper showing of qualifications, an attorney who is in good standing as a member of the bar of another state and who is admitted to and entitled to practice in any other district court of the United States may be admitted pro hac vice by comity to participate in a case, contested matter or proceeding before the court. Admission pro hac viceshall be sought by written motion accompanied by the movant's declaration, signed under the penalty of perjury, that he or she is in good standing before the state and federal bars where movant maintains a law office. A proposed order shall accompany the motion.


RULE 2090-2. ATTORNEYS -- DISCIPLINE & DISBARMENT

The Code of Professional Conduct as adopted by the Supreme Court of Tennessee is likewise adopted by this court as rules of professional conduct to the extent they relate to matters within this court's jurisdiction.


RULE 2091-1. ATTORNEYS -- WITHDRAWALS

(a) An attorney may not withdraw from representation after entering an appearance except by leave of court for cause shown. An attorney of record that desires to withdraw from representation must file and serve on his or her client, the trustee, and any opposing party a motion to withdraw setting forth the basis of the motion along with a proposed order. The court may rule on the motion without a hearing. If the client agrees to the withdrawal and has obtained the services of another attorney, the attorney of record must file a motion for substitution along with a proposed agreed order signed by both attorneys. The proposed agreed order must provide that new counsel will file the disclosure of compensation statement required by 11 U.S.C. § 329 and Rule 2016 within ten days of the entry of the order.

(b) In the event that an attorney of record dies, is removed or suspended, or is otherwise unable to continue to act as attorney of record, the individual or organization that the attorney was representing must obtain the services of another attorney. The new attorney shall file a motion for substitution with a proposed order. However, if an individual intends to proceed pro se, the individual shall file with the clerk and serve on all opposing parties a notice of the intent to proceed pro se.


RULE 3007-1. CLAIMS -- OBJECTIONS

(a) CHAPTER 13 - ALL DIVISIONS.

In chapter 13 cases, an objection to a proof of claim shall contain the name and address of the creditor and creditor's attorney, if any, and be accompanied by a certificate evidencing service of the objection on the debtor, debtor's attorney, the affected creditor and its attorney, if any, the chapter 13 trustee and any other individual or organization affected thereby.

(b) CHAPTER 13 - NORTHERN DIVISION.

In a chapter 13 case pending in the Northern Division, an objection to a proof of claim should also be accompanied by a copy of the proof of claim together with all supporting documents.


RULE 3010-1. DIVIDENDS -- SMALL

Pursuant to Rule 3010(b), the trustee in a chapter 13 case is authorized to disburse and make payments of less than $15.00 if the trustee deems it appropriate.


RULE 3015-2. CHAPTER 13 -- AMENDMENTS TO PLANS

(a) In the Northern and Northeastern Divisions, a motion to modify a confirmed chapter 13 plan, with a copy of the proposed modified plan appended thereto, shall be filed with the clerk. The motion shall contain a summary of the proposed modification. Counsel for the debtor shall certify service of the motion, proposed modified plan, and notice as hereafter referenced, on the chapter 13 trustee and all creditors affected by the proposed modification. Any modification reducing or increasing payments to general unsecured creditors, extending or reducing the time for such payments, or otherwise affecting the distribution to general unsecured creditors whose claims are provided for by plan shall be deemed to affect all general unsecured creditors participating in the plan.

(b) The motion referred to in subsection (a) shall be accompanied by a notice substantially conforming to the notice contained in Appendix Dwhich advises creditors that they have twenty days within which to file with the clerk, and serve upon the chapter 13 trustee and debtor's attorney, an objection to the proposed modified plan, and that if an objection is not timely filed, the modification may be approved by the court without a hearing upon recommendation by the chapter 13 trustee. The notice shall also advise that if an objection is filed, a hearing will be scheduled and notice thereof will be provided to the objecting creditor.

(c) A debtor seeking to modify a plan under this rule, together with debtor's counsel, shall meet with the chapter 13 trustee to discuss the proposed modification within twenty days after the motion is filed at a time and place designated by the trustee. The trustee, however, may waive this meeting.

(d) If no objection to the proposed modification is filed by a creditor or the trustee, and the trustee is satisfied that the modified plan meets the requirements of 11 U.S.C. § 1325(a), the court will approve the modification without a hearing. The chapter 13 trustee, within thirty days after the motion to modify is filed, shall tender an order bearing the signatures of the trustee and the debtor's attorney and approving the modification in a form substantially conforming to the order included in Appendix D. If the debtor and debtor's counsel fail to meet with the trustee, the trustee shall submit an order disapproving the modification.

(e) Failure to comply with the mandates of this rule may result in denial of the debtor's motion by the court sua sponte or upon motion of the trustee without a hearing.

(f) To the extent that this rule reduces the notice requirement under Rule 2002(a) for accepting or rejecting a proposed modification to a plan, this rule shall control.


RULE 3015-3. CHAPTER 13 -- CONFIRMATION

In the Northern and Northeastern Divisions, objections to confirmation of chapter 13 plans shall be filed prior to the conclusion of the meeting of creditors held pursuant to 11 U.S.C. § 341(a). However, the chapter 13 trustee and any creditor attending and participating in the meeting of creditors will be allowed until the close of business on the third business day following the conclusion of the meeting within which to file an objection. An objection filed after the dates fixed in this rule will not be considered unless the court, for cause, extends the time. An objection to confirmation of a chapter 13 plan must be in writing, must set forth with specificity the grounds relied upon by the objecting party, and must contain a certificate of service evidencing service on the debtor, debtor's counsel, chapter 13 trustee, and any other party affected by the objection.


RULE 4001-1. AUTOMATIC STAY -- RELIEF FROM

(a) CHAPTER 11 CASES.

In chapter 11 cases, a motion for relief from the automatic stay under Rule 4001(a)(1) shall be made in accordance with Rule 9014 and shall be served on the debtor, the debtor's attorney, the chapter 11 trustee, if any, all committees appointed under 11 U.S.C. § 1102, the United States Trustee, the twenty largest unsecured creditors, the United States Attorney, and all other individuals or organizations affected thereby or who have in writing requested service.

(b) CHAPTER 7 CASES.

(1) Content of Motion. In chapter 7 cases, a motion for relief from the automatic stay filed by a secured creditor under Rule 4001(a)(1) shall include (i) a statement of the unpaid balance of the creditor's claim as of the date of filing of the debtor's petition; (ii) a description of the collateral in which the creditor asserts a security interest; and (iii) a statement of the creditor's good faith estimate of the value of the collateral and the results of any appraisal or other documentary evidence supporting that valuation. The secured creditor shall append to the motion copies of the security agreement, UCC-1 financing statement, certificate of title, deed of trust, or other documents relied upon by the secured creditor as evidence of perfection of its security interest.

(2) Notice. The secured creditor shall certify service of the motion on all individuals and organizations entitled to service under Rule 9014, including the debtor, debtor's counsel and the chapter 7 trustee.

(3) Objections and Hearing. The motion for relief from the automatic stay will be routinely set by the clerk for hearing within the thirty-day period mandated by 11 U.S.C. § 362(e). Any objection to the relief sought in the motion must be filed with the clerk and served on the movant within eleven days after the filing of the motion, and must set forth the basis of the objection. Upon the timely filing of an objection, the motion and objection will be heard at the scheduled date and time.

(4) Approval. In the absence of a timely filed objection, the relief sought will be granted without a hearing upon presentation by the movant of an appropriate order, stating that no objection to the relief sought has been filed within the prescribed time. In conformity with Rule 9011(a), the order must bear the signature of the preparer, but need not be tendered to any other party prior to submission to the court for entry. Failure of the movant to submit an appropriate order prior to or at the hearing may result in denial of the motion.


RULE 4003-2. LIEN AVOIDANCE

A motion to avoid a lien filed by a debtor pursuant to 11 U.S.C. § 522(f)(1)(B) and Rule 4003(d) shall be served by the debtor's counsel on the trustee, the creditor, and the creditor's attorney, if the creditor has appeared in the case by attorney. Any objection to the relief sought in the motion must be filed with the clerk and served on the debtor and debtor's attorney within fourteen days after the motion is filed, and must set forth the basis for the objection. In the absence of a timely objection, the court sua sponte may enter an order granting the requested relief. Upon the filing of a timely objection, the motion will be set for hearing.


RULE 4004-1. DISCHARGE HEARINGS

In chapter 7 cases, a discharge hearing will be held only if the debtor desires to make a reaffirmation agreement and was not represented by an attorney during the course of negotiating such an agreement.


RULE 5001-2. CLERK -- DIVISION OFFICE LOCATIONS/HOURS

The mailing addresses and hours of business of the clerk's divisional offices are set forth in Appendix A.


RULE 5003-1. CLERK -- GENERAL/AUTHORITY

The clerk, deputy clerks and all other court personnel are prohibited from giving any legal advice and assume no responsibility for information or misinformation regarding the applicability of bankruptcy laws and rules, including the local rules of this court.


RULE 5005-2. FILING PAPERS -- NUMBER OF COPIES

For cases commenced under chapters other than 11, an original and two copies of the petition, master address list, schedules A through J and summary, statement of financial affairs, plan in a chapter 13 case, and the statement of intention in a chapter 7 case shall be filed with the clerk. For a chapter 11 case, an original and six copies of the petition, master address list, schedules A through J and summary, statement of financial affairs, list of equity security holders, and list of creditors holding the twenty largest unsecured claims shall be filed with the clerk. Only the original of any other paper required to be filed under the Bankruptcy Code or the Federal Rules of Bankruptcy Procedure need be tendered for filing unless the clerk requires additional copies to facilitate adequate notice.


RULE 5005-4. ELECTRONIC FILING

A pleading, motion and other paper may not be filed by facsimile transmission except with the prior express permission of the court, in which case an original shall be promptly substituted.


RULE 5073-1. PHOTOGRAPHY, RECORDING DEVICES & BROADCASTING

Unless the court orders otherwise, no photographic, telephonic, recording or broadcasting equipment, including pagers, shall be utilized in the courtroom during any judicial proceeding.


RULE 5075-1. CLERK -- DELEGATED FUNCTIONS OF

(a) CHAPTER 13 PROOFS OF CLAIMS - NORTHERN DIVISION.

In the Northern Division, the chapter 13 trustee shall:

(1) pick up all proofs of claims from the clerk's office, no less than twice weekly, and sign receipts acknowledging delivery of the claims by the clerk;

(2) maintain all claims and timely post and keep current a claims register in each case;

(3) furnish the clerk a copy of the claims register and claims upon request during the pendency of a chapter 13 case;

(4) make all claims and case documents under his or her control available to the public for examination and inspection during normal business hours;

(5) comply with the notice requirements mandated by Rule 3004 relative to claims filed by the debtor and/or the trustee;

(6) perform all functions required of the clerk regarding the transfer of claims and notice thereof in Rule 3001(e)(1), (2), (3), and (4); and

(7) deliver the claims register and all original claims in order by case to the clerk's office upon the filing of a final report in each case.

(b) CHAPTER 13 MEETING OF CREDITORS NOTICE.

Notice of the meeting of creditors pursuant to 11 U.S.C. § 341(a), together with a proof of claim form meeting the requirements of Official Form No. 10 and a copy of or summary of the debtor's plan, will be produced and served by the chapter 13 trustee on the debtor, creditors, and all parties in interest. A copy of each notice will be served on the clerk together with a certificate of mailing.


RULE 5080-1. FEES -- GENERAL

The payment of applicable fees is required upon the filing of any petition, motion, or complaint, except (a) those authorized by the court to be filed in forma pauperis; or (b) a petition accompanied by an application to pay the filing fees in installments in accordance with Rule 1006(b). Once a fee has been paid, it may not be returned except by order of the court.


RULE 5081-1. FEES -- FORM OF PAYMENT

Fees to the clerk shall be paid by cash, cashier's check, money order or check drawn on the business, client, or trust account of the attorney of record.


RULE 6007-1. ABANDONMENT

Pursuant to Rule 6007(a), the chapter 7 trustee in a "no asset" case may, at or after the initial meeting of creditors required under 11 U.S.C. § 341(a), abandon property of the estate without notice to creditors or the United States Trustee unless a written request for notice is filed at or before the meeting. A report of no distribution and abandonment of all property of the estate shall be deemed to constitute an abandonment of all property of the estate scheduled by the debtor which has not otherwise been specifically abandoned by the trustee.


RULE 6008-1. REDEMPTION

(a) CONTENT OF MOTION.

A motion to redeem filed by a debtor pursuant to 11 U.S.C. § 722 and Rule 6008 shall, in addition to other material averments, contain a description of the personal property sought to be redeemed together with a statement that the property has been abandoned by the trustee. The motion shall be accompanied by a verified statement or unsworn declaration as provided in 28 U.S.C. § 1746 signed by the debtor stating the fair market value of the property.

(b) SERVICE OF MOTION.

The motion and statement of value shall be served by the debtor's counsel on the chapter 7 trustee, the creditor and, if the creditor has appeared in the case by an attorney, the creditor's attorney.

(c) OBJECTION AND HEARING.

Any objection to the relief sought in the motion must be filed with the clerk and served on the debtor and debtor's attorney within fourteen days after the motion is filed, and must set forth the basis for the objection. In the absence of a timely objection, the court sua spontewill enter an order granting the requested relief. Upon the filing of a timely objection, the motion will be set for hearing.

(d) SANCTIONS.

A motion to redeem that is unaccompanied by a statement of value, fails to contain required averments, or does not evidence proper service will be summarily denied.


RULE 7003-1. COVER SHEET

An adversary cover sheet shall accompany and be filed with every complaint commencing a proceeding. Forms are available in the clerk's office.


RULE 7004-2. SUMMONS

Upon the filing of a complaint, the plaintiff shall present to the clerk the requisite summons for signature and seal. If the summons is in proper form, the clerk shall thereafter issue the summons to the plaintiff for service. The plaintiff must certify service of the complaint and summons within fourteen days after the issuance date. An alias summons will be signed and issued by the clerk only upon request.


RULE 7005-2. FILING OF DISCOVERY MATERIALS

Depositions, interrogatories, requests for documents, requests for admissions, and responses or answers thereto shall not be filed with the clerk except by order of the court. Relevant portions of the aforesaid discovery documents may, however, be filed in support of or in opposition to motions and for use at trial.


RULE 7007-1. MOTION PRACTICE

A motion filed in a proceeding shall be accompanied by a brief setting forth the facts and the law supporting the motion. Unless the court directs otherwise, the opposing party shall respond within twenty days after the date of filing of the motion. Any opposing response shall be supported by a brief setting forth the facts and the law in opposition to the motion. A failure to respond shall be construed by the court to mean that the respondent does not oppose the relief requested by the motion. After the time for response has expired, the court may rule on the motion without a hearing. A party may request a hearing.


RULE 7015-1. AMENDED AND SUPPLEMENTAL PLEADINGS

A party who moves to amend a pleading in a proceeding shall attach a copy of the proposed amended pleading as an exhibit to the motion.


RULE 7026-1. DISCOVERY -- GENERAL

Rule 7026 contains certain automatic disclosure requirements, mandates a discovery conference, and sets forth certain time limits that would generally be inappropriate in contested matters and in contested involuntary petitions under Rule 1018 which are usually dealt with on an expedited basis. Accordingly, Fed. R. Civ. P. 26(a)(1-4) and 26(f), as incorporated by Rule 7026, shall not be applicable in contested matters under Rule 9014 or to contested involuntary petitions under Rule 1018, unless the court orders otherwise.


RULE 7037-1. DISCOVERY -- MOTIONS

Discovery motions pursuant to Rules 7026 through 7037 shall include, in the motion or in an attached brief, a verbatim recitation of each interrogatory, request, answer, response and objection which is the subject of the motion or a copy of the actual discovery document which is the subject of the motion.


RULE 7045-1. SUBPOENA -- PRODUCTION OF DOCUMENTS

When a party pursuant to a subpoena or court order is permitted to inspect and obtain copies of books, papers, documents or other records of a person or entity who is not a party to the contested matter or proceeding, the party inspecting and copying the aforesaid items shall, within a reasonable period of time, provide to all other parties an opportunity to inspect and obtain duplicate copies of the items obtained.


RULE 9001-1. DEFINITIONS

The words and phrases used in these rules have the same meanings they have under the Bankruptcy Code and the Federal Rules of Bankruptcy Procedure unless a different meaning is set forth below or a particular rule indicates a different meaning:

(a) "case" means a bankruptcy case;

(b) "clerk" means the Clerk of the United States Bankruptcy Court for the Eastern District of Tennessee;

(c) "contested matter" means a proceeding under Rule 9014;

(d) "court" means the United States Bankruptcy Court for the Eastern District of Tennessee;

(e) "district court" means the United States District Court for the Eastern District of Tennessee;

(f) "organization" means a corporation, partnership, trust, government (including federal, state or local, and their agencies, departments and instrumentalities), or any entity that is not an individual;

(g) "proceeding" means an adversary proceeding under Rule 7001; and

(h) "Rule" followed by a four-digit number refers to the rule with that number in the Federal Rules of Bankruptcy Procedure.


RULE 9004-1. PAPERS -- REQUIREMENTS OF FORM

(a) GENERAL RULE.

Unless the court authorizes otherwise, all pleadings, motions, orders and other papers presented to the clerk for filing or submitted for entry by the court shall be on 8 ½ x 11 inch white paper of good quality, flat and unfolded, unbound, stapled only in the top left corner, and shall be plainly typewritten, printed or prepared by a clearly legible duplication process, doubled spaced except for quoted material, and each page shall be numbered consecutively at the bottom beginning with the second page.

(b) EXHIBIT EXCEPTION.

Subsection (a) of this rule does not apply to exhibits presented with pleadings, motions, orders and other papers. An exhibit should be paginated and display a prominent number or letter by which reference is made in the preceding pleading, motion, order or other paper to which it is attached.


RULE 9004-2. CAPTION -- PAPERS, GENERAL

In addition to the information required by Rule 9004(b) and if applicable, 11 U.S.C. § 342(c), Rule 1005 or Rule 2002(n), every caption shall identify the division in which the case or proceeding is filed and the applicable chapter of the case.


RULE 9009-1. FORMS

A petition, declaration, complaint, application, list, schedule, statement or proof of claim submitted for filing in a case shall conform substantially to the applicable Official Bankruptcy Forms.


RULE 9010-1. ATTORNEYS -- NOTICE OF APPEARANCE

The filing of any petition, pleading, motion or other paper shall constitute an appearance by the attorney signing the same. Any such appearance shall include a current address and telephone number, and the Tennessee Board of Professional Responsibility or other applicable state bar disciplinary number, if any, of the attorney. Counsel may file a formal notice of appearance, but it shall not be necessary to do so.


RULE 9011-2. PRO SE PARTIES

When an individual has appeared by attorney, that individual may not thereafter appear or act in his or her own behalf unless an order permitting the withdrawal of the attorney has been entered by the court under E.D. Tenn. LBR 2091-1(a). However, the court in its discretion may hear an individual in open court notwithstanding the fact that the individual is represented by an attorney.


RULE 9011-4. SIGNATURES

The name, current address, telephone number, and Tennessee Board of Professional Responsibility or other state bar disciplinary number, if any, of every attorney filing or submitting the pleading, motion, order or other paper shall be listed, and at least one attorney of record's original signature must be present unless filed or submitted pro se.


RULE 9013-3. CERTIFICATE OF SERVICE

When a notice, pleading, motion or other paper is required to be provided to or served pursuant to the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, court order or these rules, a certificate of service shall be signed by the attorney for the party required to effect the service and promptly filed with the clerk. The certificate shall plainly evidence (a) a description of the notice, pleading, motion or paper served; (b) the name and service address of every individual and organization served; (c) the exact method of service upon each individual and organization, i.e., by personal delivery, certified mail, or first class mail; and (d) the date that service was effected.


RULE 9019-1. SETTLEMENTS & AGREED ORDERS

When the court is advised by counsel for a party that a settlement has been reached in a contested matter or proceeding, the parties shall promptly submit an agreed order that disposes of the contested matter or proceeding in accordance with the settlement. However, if the Bankruptcy Code or Federal Rules of Bankruptcy Procedure requires court approval of the settlement and that notice be given of the hearing on the proposed settlement, the parties shall submit an agreed order continuing the hearing or trial until a hearing on the proposed settlement is conducted.


RULE 9070-1. EXHIBITS

After the final determination of a contested matter or proceeding, the parties shall withdraw their respective exhibits, including deposition transcripts, within thirty days. If the exhibits are not withdrawn, the clerk may dispose of the exhibits upon notice to the parties.

APPENDIX A

Clerk of Court: Ralph T. Brown, Esq.

Mailing Address: United States Bankruptcy Court

Historic U.S. Courthouse

31 East 11th Street

Chattanooga, Tennessee 37402-2722



Northeastern Division

Mailing Address: United States Bankruptcy Court

108 West Summer Street

Greeneville, Tennessee 37743-4924

William T. Magill, Esq.

Deputy in Charge

Business Hours: 8:00 a.m. until 4:30 p.m. Monday through Friday



Northern Division

Mailing Address: United States Bankruptcy Court

Suite 1501, First Tennessee Plaza

Knoxville, Tennessee 37929-1501

Ms. Donna W. Temple Chief Deputy Clerk

Business Hours: 8:00 a.m. until 4:30 p.m. Monday through Friday



Southern and Winchester Divisions

Mailing Address: United States Bankruptcy Court

Historic U.S. Courthouse

31 East 11th Street

Chattanooga, Tennessee 37402-2722

Ms. Patricia J. Hennessee

Chief Deputy Clerk

Business Hours: 8:00 a.m. until 4:30 p.m. Monday through Friday





APPENDIX B

I. Every motion or application requiring a hearing shall contain notice of the date, hour and place of hearing in accordance with the following directives since the clerk will not give notice.

II. The court will conduct a motion call on Thursday of each week at 9:30 a.m. Motions to dismiss by the chapter 13 trustee will be scheduled at 9:00 a.m. Occasionally, court may not be held on Thursday so notice of such motion docket dates will be on the counter in the clerk's office long ahead of time. Bankruptcy practitioners are responsible for obtaining a copy of the motion docket dates from the intake clerk.

III. Meetings of creditors are regularly held on Wednesday of each week commencing at 7:30 a.m. Modified plans shall contain the date, hour, and place of the meeting of creditors.



SCHEDULING GUIDELINES

Application for Compensation. Debtor's attorney shall give at least twenty, but not more than forty, days notice of the hearing.

Objections to Claims by Debtor or Trustee. Debtor's attorney or the trustee, as the case may be, shall give at least thirty, but not more than fifty, days notice of the hearing.

Creditor's Motions for Relief From the Automatic Stay or for Adequate Protection. Creditor's attorney shall give at least ten, but not more than thirty, days notice of the hearing.

Motion to Terminate Utility Service. Creditor's attorney shall give at least ten, but not more than thirty, days notice of the hearing.

Motions to Dismiss by Creditor or Trustee. Creditor's attorney or the trustee, as the case may be, shall give at least twenty, but not more than forty, days notice of the hearing.

Debtor's Motion to Reinstate. Debtor's attorney shall give at least ten, but not more than thirty, days notice of the hearing.

Modified Plans. Debtor's attorney shall give at least twenty-five days notice of the meeting of creditors if a hearing is required.

Exceptions. Matters not falling within the foregoing categories and all matters that should be set for hearing in adversary proceedings will be scheduled and noticed for hearing by the clerk.



APPENDIX C

I. Every motion or application requiring a hearing shall contain notice of the date, hour and place of hearing in accordance with the following directives since the clerk will not give notice.

II. The court will conduct a motion call on each Monday at 9:30 a.m. when court is held in Winchester. Motions to dismiss by the chapter 13 trustee will be scheduled at 9:00 a.m. Court dates may be obtained long ahead of time from the clerk who attends regularly scheduled hearings in Winchester or from the clerk's office in Chattanooga, Tennessee.

III. Meetings of creditors are regularly held on Mondays or Tuesdays commencing at 9:00 a.m. Modified plans shall contain the date, hour, and place of the meeting of creditors.



SCHEDULING GUIDELINES

Application for Compensation. Debtor's attorney shall give at least twenty, but not more than forty, days notice of the hearing.

Objections to Claims by Debtor or Trustee. Debtor's attorney or the trustee, as the case may be, shall give at least thirty, but not more than fifty, days notice of the hearing.

Creditor's Motions for Relief From the Automatic Stay or for Adequate Protection. Creditor's attorney shall give at least ten, but not more than thirty, days notice of the hearing.

Motion to Terminate Utility Service. Creditor's attorney shall give at least ten, but not more than thirty, days notice of the hearing.

Motions to Dismiss by Creditor or Trustee. Creditor's attorney or the trustee, as the case may be, shall give at least twenty, but not more than forty, days notice of the hearing.

Debtor's Motion to Reinstate. Debtor's attorney shall give at least ten, but not more than thirty, days notice of the hearing.

Modified Plans. Debtor's attorney shall give at least twenty-five days notice of the meeting of creditors if a hearing is required.

Exceptions. Matters not falling within the foregoing categories and all matters that should be set for hearing in adversary proceedings will be scheduled and noticed for hearing by the clerk.



APPENDIX D

NOTICE

The above named debtor(s) filed a motion to modify a confirmed chapter 13 plan on [INSERT DATE]. A copy of the motion and proposed modified plan are attached for your consideration. The debtor will meet with the chapter 13 trustee on [INSERT DATE, PLACE AND TIME] for the purpose of being examined. You may attend that meeting. Any objection to the proposed modification must be filed with the Clerk of the Bankruptcy Court, [INSERT MAILING ADDRESS], within twenty (20) days from the date the motion was filed; must state the grounds relied upon in support of the objection; and must be served upon counsel for the debtor(s) and the chapter 13 trustee, [INSERT NAME AND MAILING ADDRESS]. If an objection is filed, you will be notified of a hearing date, and must appear in support of your objection. If no objection is filed, the proposed modification may be approved by the court upon recommendation of the trustee without further notice or hearing.

This the ___ day of _______, 199__.

[SIGNATURE OF DEBTOR'S ATTORNEY] [INSERT NAME, ADDRESS, PHONE AND BAR NOS. OF ATTORNEY]


ORDER

The above named debtor(s) filed a motion to modify their confirmed chapter 13 plan on [INSERT DATE]. It appears from the signatures of the chapter 13 trustee and counsel for the debtor(s) affixed to this order that all affected creditors have been served with the motion and a copy of the modified plan; that no objections have been filed; that the debtor(s) and their counsel met with the chapter 13 trustee as required by E.D. Tenn. LBR 3015-2(c) or the trustee waived such meeting; that the modified plan meets the requirements of 11 U.S.C. § 1325(a); and that the chapter 13 trustee recommends approval of the modified plan. The court accordingly directs that the modified plan, a copy of which is appended hereto, is approved and is the plan of the debtor(s).

SO ORDERED.

ENTER: BY THE COURT

__________________________ [INSERT NAME OF JUDGE]

APPROVED BY:

[SIGNATURES OF CHAPTER 13 TRUSTEE AND DEBTOR'S ATTORNEY]

[INSERT NAMES, ADDRESSES, PHONE AND BAR NOS. OF BOTH]


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