Each form of relief should be requested by separate motion. Motions for emergency

U.S. Bankruptcy Court for the Middle District of Tennessee

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Middle District of Tennessee

Rule: 9075-1

Jurisdiction: MDTNB

Bluebook Citation: Bankr. M.D. Tenn. R. 9075-1

hearings shall only be granted for cause shown. If the court grants the motion for an emergency hearing, the underlying motion or document will be set on the next Omnibus Hearing date or other date as determined by chambers. The agenda shall clearly denote any matter that is scheduled to be heard on an emergency basis. (l) Hearing Agendas.

The attorney for the debtor or trustee shall file an agenda and serve it on the Master Service List at least two business days before the hearing. Uncontested matters shall be listed before contested matters. For each matter, the agenda shall indicate the following: (1) moving party’s name; (2) docket number of the initiating document; and (3) status, e.g., settled, going forward, continuance requested, continuance opposed, continued by consent. For each matter going forward or where a request for continuance is opposed, the agenda shall also include the following: (4) docket number of any objections, responses, replies and documents in support; and (5) filing party’s name.

Chambers shall be promptly notified of a settlement. The agenda may list responses continued by consent collectively. The agenda shall clearly denote any emergency hearings and evidentiary hearings. Amended agendas shall be filed and highlighted to show the changes.

13 (m) Professional Compensation. To streamline the professional compensation process and more effectively enable the court and all parties to monitor the professional fees incurred, the following procedures shall apply, unless otherwise ordered. After the end of a month for which compensation is sought, each professional seeking compensation may serve a monthly statement (the “Monthly Statement”) on (1) the debtor’s attorney, (2) the United States trustee, (3) any pre-petition secured lender, (4) any post-petition secured lender, (5) the attorney for any committee appointed under the Code and (6) any other party the court designates (collectively, the “Professional Fee Notice Parties”). The Monthly Statement shall contain a list of individuals and their job titles who provided the services during the statement period, their billing rates, the aggregate hours spent by each individual, contemporaneously maintained time entries for each individual in increments of tenths of an hour and a reasonably detailed breakdown of expenses incurred.

The Monthly Statement shall include a notice that any objections shall be filed within 14 days of service of the Monthly Statement. After the expiration of the 14 day period, the debtor shall be authorized to pay 80% of the undisputed fees and expenses identified in the Monthly Statement. If a Monthly Statement is served, a summary of the total fees and expenses requested shall be filed. Any objection to a Monthly Statement shall be served on the affected professional and the other Professional Fee Notice Parties.

The objection shall state the nature of the objection and the amount of fees or expenses at issue. After expiration of the 14 day period, the debtor shall be authorized to pay the remainder of the fees and expenses identified in the Monthly Statement. If any objecting party resolves a dispute with a professional, the objecting party or the debtor with the consent of the objecting party, shall serve a notice on the Professional Fee Notice Parties that the objection is withdrawn. The notice shall describe the terms of the resolution.

The debtor shall be authorized to pay the portion of the fees and expenses identified in the Monthly Statement that is no longer subject to an objection. Any objection that is not resolved shall be preserved and presented to the court at the next interim or final fee application hearing. Whether a party objects to a Monthly Statement or not, any party may object to any fee application filed with the court in accordance with the Code. The failure to object to a Monthly Statement shall not be a waiver of any kind or prejudice that party’s right to object to any subsequently filed fee application.

Each professional shall file an application for interim or final approval of allowance of compensation and reimbursement of expenses pursuant to §§ 330 and 331 of the Code, including compensation previously paid by the debtor on the basis of a Monthly Statement, every 120 days, unless the court orders a different frequency. 14 Neither the payment of nor the failure to pay, in whole or in part, monthly compensation and reimbursement of expenses shall have any effect on the court’s interim or final allowance of compensation or reimbursement of expenses. All fees and expenses, whether or not paid or objected to in connection with a Monthly Statement, remain subject to review and approval by the court in connection with interim and final fee applications. All fees and expenses are subject to disgorgement or offset if not approved by the court on a final basis.

These procedures may be used for reimbursement of expenses for members of a committee appointed under the Code. The attorney for the committee shall collect and submit statements of expenses, with supporting vouchers, from the committee members.

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