PROPOSED AMENDMENTS TO THE LOCAL BANKRUPTCY RULES FOR THE MIDDLE DISTRICT OF TENNESSEE
PUBLIC COMMENT PERIOD NOW OPEN THROUGH MARCH 25, 2025
The United States Bankruptcy Court for the Middle District of Tennessee has post proposed amendments to the Local Rules made by the Local Bankruptcy Rules Subcommittee. The Local Rules were last revised in 2022.
The proposals are posted below for public comment commencing today. The public comment period ends Tuesday, March 25, 2025. Attorneys and parties who appear before the Court are encouraged to review the proposed amendments and comment on the proposed Local Rules. Comments may be emailed to localrules_comments@tnmb.uscourts.gov.
Summary and highlights of the proposed rules:
LBR 2002-1(e) FRBP 2002(h) authorizes bankruptcy courts to limit notices under FRBP 2002(a). The local rule clarifies that notice to governmental units may not be limited until after the deadline to file a proof of claim pursuant to FRBP 3002(c).
LBR 2003-1(d) adopts the current practice of “viewing” the video presentation by individuals during their meeting of creditors as opposed to the old practice of actual in-person “attendance.”
LBR 4001-1(h) adopts the procedure set forth in Administrative Order 19-3, Standing Order Relating to Motions to Extend the Automatic Stay in Chapter 13 Cases, for extension of the automatic stay where a previous dismissal of a case within one year has occurred.
LBR 5005-3 is amended to incorporate specific filing requirements when using conventional means of paper filing. The revised local rule also addresses the formatting of proposed orders in light of implementation of the E-Orders module in CM/ECF.
LBR 5005-4 incorporates electronic filing and submission procedures under the court’s Administrative Procedures for Electronic Case Filing of .pdf documents in CM/ECF.
LBR 7001-1 the local rule is revised to account for the change in FRBP 7001-1(a) which allows for the filing of a motion for turnover of property of tangible personal property.
LBR 9010-1 the local rule is revised to address requests for change of addresses by attorneys after implementation of NextGen.
LBR 9013-1 the local rule for motion practice is amended to strip the local rule of the LBR 9013-1 instructions and place those instructions on the court’s local website as information necessary required to be used when filling out the local LBR 9013-1 form or complying with the local rule. The local rules have been changed throughout to reference “LBR 9013-1 Motion Practice Procedures” (found on the court’s local website) in place of direct reference to the local rule, which contained the procedure.
LBR 9037-1 the local rule has been deleted. Given the amendments to FRBP 9037, the local rule is unnecessary.
LBR 9072-1 the local rule is revised to incorporate required proposed order formatting as a result of implementation by the court of the E-Orders module in CM/ECF.
LBR 9075-1 the local rule is revised to allow the filing of emergency motions and requests for shortened notice to be combined with the substantive request for relief. It provides use of a new local bankruptcy motion form when filing such a request and a new certificate of service form to accompany the 9075-1 request.
The remaining revisions are ministerial in nature and correct internal references, references to forms and their location on the court’s website, and references to statutes and rules that have been amended or standardize the title of the Local Bankruptcy Rule to follow the naming conventions established by the Judicial Conference of the United States’ Uniform Numbering System for Local Bankruptcy Rules.
For ease of review, please click on the name of each document to view the specific document: