Local Rule 9074-1: SUBMISSION OF PROPOSED ORDERS

TNWB LBR 9074-1 SUBMISSION OF PROPOSED ORDERS

(a) Consent Orders. Parties may submit proposed orders for approval and entry that are not dispositive of any prior pleading but which may be issued upon consent or stipulation of all affected parties. Such orders shall be signed by all affected parties as provided in subsection (e) of this Rule.

(b) Proposed Orders.

(1) Chapter 12 Cases. Before submission to the Court, all proposed orders in Chapter 12 cases shall be submitted to the Chapter 12 trustee for signature as a party in interest who shall approve or disapprove the proposed order within seven (7) days after receipt. After signing the Chapter 12 trustee shall submit all proposed orders to the court for approval and entry.

(2) Chapter 13 Cases. Before submission to the Court, all proposed orders in Chapter 13 cases shall be submitted to the Chapter 13 trustee for signature as a party in interest who shall approve or disapprove the proposed order within seven (7) days after receipt. After signing the Chapter 13 trustee shall submit all proposed orders to the court for approval and entry.

(c) Orders on Bench Rulings. When the court announces an oral ruling in any matter, the judge may direct that the prevailing or other party prepare a proposed order that briefly and accurately sets forth the ruling and present it to other counsel for approval. Once approved by all parties, the proposed order should be presented to the court for approval and entry not more than ten (10) days after the ruling. If the parties cannot agree on the content of an order, each party (or the parties jointly) shall file a written motion for entry of an order accompanied by their proposed orders. Before such motion is made, the attorneys for the parties must listen to the audio recording of the ruling and certify that they have done so.

(d) Form of Orders. The caption of all orders must contain the name of the debtor and the case number. The caption of orders submitted in adversary proceedings must also include the adversary proceeding parties and number.

(e) Signatures on Orders.

(1) Required Signatures. An order in any contested matter or adversary proceeding must be signed electronically by the parties or their attorneys before it is submitted for approval and entry. An order in any uncontested matter must be signed by the party or attorney who prepared it before it is submitted for approval and entry. A consent order within the scope of these Local Rules must be signed by the affected parties or their attorneys before it is submitted for approval and entry. In addition, orders in Chapter 12 and 13 cases must be signed by the standing Chapter 12 or 13 trustee before being submitted for approval and entry.

(2) If a Required Signature Cannot be Obtained. In the event that the attorney who prepares an order is unable, after diligent effort, to obtain the required signatures, that attorney should submit the order for entry with the following certificate:

I, _________________, certify that I, as counsel for a party to this proceeding or matter, have mailed, by first class mail, postage prepaid, emailed, or sent by other electronic means [specify means], on the ____ day of _________, ____, a copy of this order to all opposing parties and/or counsel, giving them at least ten (10) days to approve and return the said order to me. I further certify that an approved order has not been returned to me by [name of party or counsel]. I further certify that I have on [at least three business days prior to submission] notified said party or counsel that this order is being submitted for entry.

______________________________ Signature Date: _________________________

(f) Service and Notice of Entry. The Clerk will cause a copy of all orders approved and entered to be served upon the parties indicated in the request for service which should be contained in the order.