Tennessee Bankruptcy Courts
Motion practice before the Tennessee Bankruptcy Courts comprises a large part of daily practice for lawyers and lawyers who regularly appear on behalf of debtors. In both Chapter 7 and 13 cases, objections may be filed by creditors, the trustee, the court own it's own motion, and any party holding a bona fide interest in matters pending before the court. Motions file against debtors must include notice and an opportunity to respond. Contesting the grounds for motions may also include oral argument.
Tennessee Bankruptcy Court Locations:
Tennessee Eastern Bankruptcy Court Divisions: Chattanooga, Greenville, and Knoxville.
Tennessee Middle Bankruptcy Court Divisions: Columbia, Cookeville, and Nashville.
Tennessee Western Bankruptcy Court Divisions: Jackson and Memphis.
The best Tennessee bankruptcy lawyers follow a few common rules when responding to motions. Rebuttals must be clear, concise, and follow the letter of the law. A proposed order should be included to allow the judge to immediately deny offending motions. Creative interpretations of law, especially in convoluted factual circumstances, are often highly successful. However, when binding precedent exists, black letter law is the best and most efficient means of defeating frivolous motions.
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