Bankruptcy Court for the Middle District of Tennessee Announces New Local Rules: Chapter 11 Overview
New Local Rules for the U.S. Bankruptcy Court, Middle District of Tennessee, went into effect on June 22, 2022, many of which affect Chapter 11 cases. Below is a summary of the affected rules:
LBR 1017-1 Conversion – Request for/Notice of requires that a notice setting out new creditors in a converted case shall be filed with conversion statements and schedules.
LBR 2015-2 Chapter 11 Trustee or Debtor In Possession Duties contains provisions requested by the Executive Office of the United States Trustee to govern the filing of pre-confirmation operating reports and post-confirmation quarterly reports in Chapter 11 cases. This rule tracks Administrative Order 2021-2.
LBR 2081-2 Chapter 11 – Complex Cases establishes a uniform procedure for complex chapter 11 cases, as that term is defined in proposed LBR 2081-2(a) and if a debtor so elects. The proposed rule streamlines procedures for joint administration, master service lists, case management orders, first day hearings, omnibus hearings, expedited hearings, hearing agendas, applications for professional compensation, among other things.
LBR 2090-1 Attorneys – Admission to Practice memorializes the court’s current practices with regard to the withdrawal of counsel and substitutions of counsel. The procedures for substitutions of counsel, substitutions of counsel within the same firm, and substitutions across multiple cases are set forth. The rule also aligns with U.S. District Court Rule 83.01 by tracking similar language to the District Court’s local rule. The rule makes clear that District Court LR83.01(b) and (d) apply to attorneys seeking pro hac vice admission before the bankruptcy court.
LBR 2090-2 Attorneys – Discipline and Disbarment modifies the rule to align with U.S. District Court Rule 83.01 by tracking similar language to that of the District Court’s.
LBR 3011-1 Unclaimed Funds changes the procedure by which a claimant may request the return of unclaimed funds for which the claimant can establish ownership. Currently, claimants must utilize the “if objection” procedure established by LBR 9013-1. Under the revised local rule, claimants would utilize the contested matters procedure under LBR 9014-1 and the court’s new administrative procedure, which may be found in the Practitioner’s Handbook, Section 3.7 and under the Unclaimed Funds information area located on the court’s website.
LBR 5073-1 Photography, Recording Devices and Broadcasting modifies the rule by striking the reference to USDC Administrative Order 156-2 and replacing is with “Local Rule 83.03, as may be amended or revised.”
LBR 5081-1 Fees - Form of Payment memorializes the court’s current practice with regard to forfeitures of overages of less than $30.00 as established by Administrative order 15-2.
LBR 6005-1 Appraisers, Auctioneers, and Real Estate Agents clarifies that any application for compensation for a real estate agent that exceeds six percent of gross proceeds cannot be made utilizing the “if objection” procedure established by LBR 9013-1.
LBR 7067-1 Registry Funds memorializes the court’s current practice with regard to registry funds as established by Administrative Order 16-2, including motions for deposit and withdrawal of funds and provisions governing receipt and withdrawal of funds.
LBR 9029-1 Local Rules – General memorializes the procedure set forth in U.S. District Court’s Administrative Order 127 “Delegation of Local Rule of Bankruptcy Procedure Approval Authority,” dated February 21, 2017, which provides that the local bankruptcy rules shall take effect 60 days after notice is provided to the United States District Court for the Middle District of Tennessee.
LBR 9037-1 Privacy Protection for Filings; Redaction; Protective Orders memorializes the court’s current practice with regard to motions to seal, redactions, and protective orders, including notice and service and the required actions by the Clerk of Court, and complies with Federal Rule of Bankruptcy Procedure 9037(h), as amended.
EmergeLaw is a boutique law firm that represents small and mid-sized businesses and their owners in Chapter 11 reorganizations, Subchapter V restructurings, and other proceedings designed to efficiently deleverage and reposition companies for future success. From our offices in Nashville, we serve clients in Middle Tennessee, throughout the state, and across the country.