Local Rule 9075-1: Emergency Orders (Relief on Shortened Notice)
Bankr. M.D. Tenn. — General rule
9075-1 Emergency Orders (Relief on Shortened Notice)
(a) When Appropriate. Emergency motions and orders are those rare matters requiring action on notice shorter than that fixed by the Federal Rules of Bankruptcy Procedure or by LBR 9013-1 (21-days) or 9014-1 (typically a hearing set by the court in 30 days or less).
(b) Obtaining Relief and Use of Local Bankruptcy Form. A request for emergency relief shall be filed using Local Bankruptcy Form 9075-1, "Notice and Motion for Order Setting Hearing on Shortened Notice and Request for Relief." The form must be completed in its entirety.
The movant may combine the request for substantive relief with the request for an emergency hearing and shortened notice. Combining such relief shall not excuse the movant from including a well-plead claim for relief in the second part of the form.
(c) Proof of Service and Acknowledgment. The movant must include Local Bankruptcy Form "TNMB Certificate of Service" with the motion to evidence service to parties.
(d) CM/ECF Menu Selection/Event. The movant must use the correct CM/ECF menu selections when filing an emergency motion. The menu selections should be based on the relief requested and the movant must select the option within the CM/ECF event to request an emergency hearing. Selecting the emergency option creates the only notification the court will receive that a matter must be reviewed expeditiously.
(e) Proposed Order. The movant need not submit a proposed order granting the request for emergency hearing or shortened notice. If granted, the court will issue an appropriate order.
If the nature of the motion warrants an order with more information than merely the time, date, and location of the hearing, the movant may submit a proposed order, which must be titled "Emergency Order Shortening Notice and Setting Hearing." If the motion requests a hearing, the proposed order shall include appropriate blanks for the clerk to insert the date, time, and location of the hearing. In this situation, the proposed order shall be filed as a separate attachment to the motion as well as uploaded through the Court's electronic orders module.