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3.2 § 362 Motions for Relief from the Automatic Stay

The Court has set aside special times on the weekly Court docket for Motions for Relief from the Automatic Stay to be heard. Because of this, it is advisable that these be filed as stand-alone motions, as opposed to including multiple prayers for relief. Local Bankruptcy Rule 4001-1 address stay relief.

Motions for Relief from Stay will be scheduled for a preliminary hearing within 30 days of being filed. For Nashville* Chapter 13 cases, preliminary hearings are held in Courtroom 1 on Wednesdays at 8:30. For Nashville Chapter 7 & 11 cases, preliminary hearings on § 362 motions are held in Courtroom 1 on Tuesdays at 8:30, before other 7 & 11 matters are heard in the appropriate judge’s Courtroom* For Cookeville and Columbia cases (all chapters), preliminary hearings are held in those cities if a Court docket is scheduled there within 30 days. If no Court docket is scheduled for the appropriate city within 30 days, the preliminary hearing will be held in Nashville on Tuesdays or Wednesdays, depending on chapter. Except on motion and order, Cookeville and Columbia continuation hearings following an initial Nashville preliminary hearing will return to Cookeville or Columbia.

Motions for Relief from Stay are standard motions as far as CM/ECF filing is concerned. They are listed first in the “Other Motions / Applications” menu as a convenience.

Important note: Please see, 2 Hearings, section above for information regarding hearing locations and times.

* Nashville cases have the number 3 at the beginning of the formal case number (3:07-08797). Columbia and Cookeville cases have a 1 and 2, respectively. Think alphabetical: (1) Columbia, (2) Cookeville, and (3) Nashville.

* Courtroom 1 - Judge Mashburn, Courtroom 2 - Judge Walker, Courtroom 3 - Judge Harrison.