MDTN Bankruptcy Motion Dockets
Where & When? In-Person or Virtual?
Chapter 13 Consolidated Motion Dockets:
Hearing Schedule:
Chapter 13 motion dockets are normally set on Wednesdays, subject to occasional changes due to special circumstances. The dates for upcoming hearings in Chapter 13 cases can be found on the Court Website – on the “Docket” for matters already scheduled and on the “9013 Availability Calendar” for dates available in coming weeks.
The Chapter 13 Nashville Division motion dockets are normally set on Wednesdays at 9:00 a.m.
The Chapter 13 Cookeville Division motion dockets are normally set on the second Wednesday of each month at 9:30 a.m.
The Chapter 13 Columbia Division motion dockets are normally set on the third Wednesday of each month at 9:30 a.m.
Although the Availability Calendar for Cookeville and Columbia Chapter 13 cases will reflect only one Wednesday per month for each division, matters in those divisions may be reset or continued to any other regular Wednesday Nashville Division Chapter 13 motion docket if it is by agreement.
Cookeville and Columbia expedited or emergency motions filed in Chapter 13 cases pursuant to LBR 9075-1 may be set on a Nashville Division motion docket if requested by movant and if sufficient justification is provided in the motion.
In-Person versus Virtual Participation:
The following guidelines generally apply regarding in-person versus virtual participation in Chapter 13 cases:
1. The presiding judge and Chapter 13 Trustee will be present in the Nashville courtroom.
2. Participation via Zoom video will be allowed for:
(a) Announcements of settlements occurring after the “no call” list is published for the Chapter 13 motion docket.
(b) Continuances agreed upon by movant(s) and respondent(s).
(c) Expedited motions for use of vehicle insurance proceeds or substitution of collateral arising from damage to a vehicle and where movant is not aware of any opposition.
(d) Arguments based on stipulated facts or uncontested proffered evidence.
(e) Hearings set by the Court (not through the “if objection” process under LBR 9013-1) where no response or objection has been filed and the movant reasonably believes that the matter will be uncontested.
Pre-Hearing Conferences: In addition to allowance of virtual participation as provided above, the Court will allow video participation for a pre-hearing/scheduling conference during the motion docket for any hearing where it is determined that necessary witnesses are not available in-person at the initial setting or evidentiary matters will otherwise warrant a specially set hearing.
If the matter proceeds as a pre-hearing scheduling conference, counsel should be prepared to discuss the following: any expedited discovery required; timing of the exchange of exhibits and witness lists; the date, time, and location of the hearing; whether any witnesses will be allowed by video; and any other pertinent pre-hearing matters. The Court may enter a pre-trial order based on the results of the Zoom conference.
Notwithstanding the foregoing, if all counsel and necessary witnesses are present in-person at the initial setting (or the parties have agreed that a witness may appear by video) and all pre-hearing disclosures have been made in accordance with the local rules, the Court will proceed with a hearing on the merits at the initial hearing.
3. If a matter does not fall within one of the categories where Zoom video participation is allowed, the Court will expect in-person participation unless otherwise allowed by Court order.
Chapter 12 Cases:
Because the Chapter 13 Trustee also serves as trustee in Chapter 12 cases, all Chapter 12 cases will be handled utilizing the same motion docket schedule and overall process as Chapter 13 cases.
Columbia/Cookeville Chapter 7 Cases:
The Chapter 7 motion docket for Columbia and Cookeville Division cases will be conducted at the same time as the Columbia and Cookeville Chapter 13 motion docket – the second Wednesday of each month at 9:30 a.m. for Cookeville and the third Wednesday of each month at 9:30 a.m. for Columbia. The presiding judge for a particular motion docket will determine whether to call the Chapter 7 cases prior to or following the Chapter 13 cases, depending on the volume and nature of the outstanding matters. Also, preliminary hearings on stay relief matters may sometimes be set on a Nashville Chapter 7/11 motion docket if necessary to accommodate statutory hearing timing requirements.
As with Chapter 13 cases, Cookeville and Columbia expedited or emergency motions in Chapter 7 cases pursuant to LBR 9075-1 may be set on a Nashville Division motion docket if requested by movant and if sufficient justification is provided in the motion.
Columbia/Cookeville Chapter 11 Cases:
Chapter 11 cases in the Columbia and Cookeville Divisions will not be handled on a consolidated docket like the Chapter 7, 12, & 13 matters in those divisions. Instead, the assigned judge will handle any hearings that may arise in a Chapter 11 case. The Availability Calendar for the assigned judge’s regular Nashville Division Chapter 7/11 motion dockets should be used by any movant filing an “if objection” motion under LBR 9013-1.
Nashville Division Chapter 7 and 11 Cases:
See the instructions for the individual judge assigned to a case at the following links:
https://www.tnmb.uscourts.gov/content/honorable-marian-f-harrison
https://www.tnmb.uscourts.gov/content/honorable-randal-s-mashburn
https://www.tnmb.uscourts.gov/content/honorable-charles-m-walker