Local Rule 7007-1: MOTION PRACTICE IN ADVERSARY PROCEEDINGS

RULE 7007-1. MOTION PRACTICE IN ADVERSARY PROCEEDINGS

(a) Motion, Response, and Briefs. Any motion filed in an adversary proceeding must be accompanied by a brief setting forth the facts and the law supporting the motion. Unless the court directs otherwise, any objection or response to the relief sought in the motion must be filed within 21 days after the date of filing of the motion. The objection or response must be supported by a brief setting forth the facts and the law in opposition to the motion unless the motion is excused in this rule from being supported by a brief. A failure to timely object to a motion will be construed to mean that the respondent does not oppose the relief requested by the motion. After the time for filing an objection has expired, the court may rule on the motion without a hearing, although a party may request a hearing on any motion. Any reply to an objection or response must be filed within 5 days after the filing date of the objection or response.

(b) Exceptions. A brief is not required for— (1) motions to extend or shorten time pursuant to Fed. R. Bankr. P. 9006(b)(1) and (c)(1); (2) motions for default judgment under Fed. R. Bankr. P. 7055; (3) motions to amend under Fed. R. Civ. P. 15(a) (Fed. R. Bankr. P. 7015); and (4) motions to treat a document as a Highly Sensitive Document filed in compliance with the court's instructions available on the court's website, www.tneb.uscourts.gov.

(c) Proposed Orders. All motions in adversary proceedings must be accompanied by a proposed order granting the requested relief and approved for entry by the movant. The proposed order must be served with the motion. A movant's failure to submit a proposed order with the motion may result in the entry of an order denying the motion without prejudice.

(d) Notices. Every motion must include a passive notice legend including a 21-day objection period (unless the court has permitted a shorter time) prominently displayed on the first page of the motion immediately below the caption in the following form:

NOTICE OF OPPORTUNITY TO OBJECT AND FOR HEARING Notice is hereby given that:

Pursuant to E.D. Tenn. LBR 7007-1 the court may consider this matter without further notice or hearing. If you object to the relief requested in this paper, you must file with the clerk of court at [address] , an objection within [number] days from the date this paper was filed and serve a copy on the movant's attorney, [name and address and those of other appropriate persons] . If you do not file an objection within the time permitted, the court will consider that you do not oppose the granting of the relief requested in this paper and may grant the relief requested without further notice or hearing. You may request a hearing in your objection, but the court may decline the request if it determines that a hearing is not required. If a hearing is set by the court, the clerk of court will send you notice of the hearing.

Your rights may be affected. You should read these papers carefully and discuss them with your attorney, if you have one in this proceeding or in the underlying bankruptcy case. If you do not have an attorney, you may wish to consult one.

(e) Exceptions. A passive notice is not required for— (1) motions to extend or shorten time pursuant to Fed. R. Bankr. P. 9006(b)(1) and (c)(1); (2) motions for entry of agreed orders resolving adversary proceedings (other than those under Fed. R. Bankr. P. 9019); and (3) motions to treat a document as a Highly Sensitive Document filed in compliance with the court's instructions available on the court's website, www.tneb.uscourts.gov. The foregoing motions may be filed ex parte.