TNWB :: Judge Latta

Honorable Jennie D. Latta, Chief Judge


Announcements / News

  •   Judge Latta is compiling a history of the bankruptcy court in Western Tennessee. Anyone with a good story or photo is encouraged to pass it along! The goal is to create history pages on the court’s website that can be updated as needed.

Chambers Information


Honorable Jennie D. Latta 200 Jefferson Avenue, Courtroom 645
Chief U.S. Bankruptcy Judge for the Memphis, Tennessee 38103
Western District of Tennessee 901-328-3542

Courtroom Deputy: Debra Hayes    901-328-3570
Judicial Assistant: Jennifer McGaugh    901-328-3542
Law Clerk: Rhoda Smith    901-328-3543


  1. Role of Chambers Staff. Chambers staff cannot give legal advice but are available to assist with procedural questions.
  2. Telephone calls. Telephone calls to Chambers staff are permitted and, in fact, encouraged if there are questions regarding Judge Latta's preferred procedures. If further information is needed regarding case information and docket entries after viewing on ECF or PACER, calls should first be directed to the appropriate case administrator at 901-328-3500.
  3. Correspondence. Letters to the Judge regarding pending cases are discouraged; written communication ordinarily should be through pleadings. Letters to the Judge from pro se litigants may, at the Judge's discretion, be treated as pleadings and docketed as such.
  4. Scheduling. Hearings are routinely scheduled by Courtroom Deputy Debra Hayes, when a motion or objection is filed. No special action is required by an attorney or litigant to obtain a hearing. If it is anticipated that a hearing will take more than a few minutes or for other scheduling concerns, please call or email Ms. Hayes.
  5. In Chapter 7 and 11 cases, if all parties, including the trustee, if any, have announcements or have agreed to continue a hearing, the continuance may be requested as late as 3:30 p.m. on the date before the scheduled hearing by a telephone call or email to Ms. Hayes or Chambers staff. In Chapter 13 cases, Judge Latta requests that announcements or requests for continuance be presented first to the Chapter 13 Trustee, at least one day prior to the date of a scheduled 10:00 a.m. hearing. This will allow the trustee to review the case and weigh in if necessary. The trustee will then inform Chambers staff and the Courtroom Deputy of any announcement. Chambers staff will then inform the parties, via email, whether it will be necessary for them to make an appearance at the scheduled hearing.


Calendar Schedules and Settings

  1. Judge Latta's Chapter 7 and Chapter 11 matters are generally set at 9:30 (7’s) and 10:15 a.m. (7 assets and 11’s) every other Thursday. Chapter 13 matters are set on the opposite Thursdays at 10:00 a.m. Matters requiring additional time may be specially set upon request or at the court’s discretion. Any Chapter 13 matter set at 9:00 a.m. is a Pretrial Conference with the Chapter 13 Trustee.
  2. Judge Latta’s hearing calendars may be accessed at the Court Calendars link on the court’s website, www.tnwb.uscourts.gov, several days prior to the hearing date. Please check the website calendar before planning to appear for a hearing. Judge Latta reviews the matters scheduled for hearing several days in advance of the hearing and may enter a disposition at that time for uncontested matters which would negate the need for your appearance. Matters without a disposition will be heard. PLEASE NOTE: Court calendars are updated hourly on the court’s website. If a message appears stating "No records found," the calendar is in the process of updating. You will need to wait several minutes and check again.
  3. Pre-hearing Dispositions. If a disposition has been noted on the calendar or if an order has been entered, i.e., signed by Judge Latta and docketed to the case prior to a scheduled hearing, no appearance is required.
  4. Announcements. In Chapter 7 and 11 cases, if all parties, including the case trustee, if any, have announcements or have agreed to continue a hearing, the continuance may be requested as late as 3:30 p.m. on the date before the scheduled hearing by a telephone call or email to Courtroom Deputy Debra Hayes or Chambers staff. In Chapter 13 cases, Judge Latta requests that announcements or requests for continuance be presented first to the Chapter 13 Trustee, at least one day prior to the date of a scheduled 10:00 a.m. hearing. This will allow the trustee to review the case and weigh in if necessary. The trustee will then inform Chambers staff and the Courtroom Deputy of any announcement. Chambers staff will then inform the parties, via email, whether it will be necessary for them to make an appearance at the scheduled hearing

Courtroom Appearances – Attorneys

  1. Remote Appearances. If you would prefer to appear remotely for a scheduled hearing, please notify Courtroom Deputy Debra Hayes no later than 4:00 p.m. on the Tuesday prior to your scheduled hearing. Ms. Hayes will provide login information for your hearing.
    1. Attorneys are encouraged to coordinate with one another and with the Chapter 13 Trustee’s staff attorneys to resolve matters and request continuances to minimize the number of persons in the courtroom.  
    2. If your client will be present in person for a hearing, you should plan to be present in person as well.
    3. If you are appearing remotely, you should dress appropriately for a court appearance and connect to the courtroom from a stable, indoor location (i.e., not from a moving car or outdoors).
    4. Evidentiary hearings generally require that attorneys and witnesses appear in person. If this is not possible, a remote appearance can be arranged, but the need for a remote appearance should be made known no later than the final pretrial conference.
  2. Continuances. If all parties, including the trustee, if any, agree that a matter should be continued, please call to request an alternative setting up to the day before a scheduled hearing. If a consensual continuance is not reached until the day of the setting, one or more attorneys should appear to announce the agreed upon continuance. If there is NOT full agreement about a continuance, you should file a motion in advance of the scheduled hearing and contact Courtroom Deputy Debra Hayes to receive an expedited setting on the request for continuance.
    See L.B.R. 5071-1.
  3. In Chapter 7 and 11 cases, if no order has been entered, nor a disposition noted on the calendar, Judge Latta requests that the attorneys be available as instructed by the Courtroom Deputy. Every effort will be made to prevent long waits before hearings.
  4. If on the date of a scheduled matter, you will be unavoidably delayed beyond the time a matter is set, please call Chambers staff, Jennifer McGaugh or Rhoda Smith or at 901-328-3542.
  5. When your matter is called, please state your name and your client’s name addressing the bankruptcy judge.
  6. Required Courtroom Appearances. Most matters can be handled by the appearance of counsel only. Debtors are generally required to appear for hearings on motions to approve proposed reaffirmation agreements, and for their discharge hearings. Debtors should also expect to appear if their testimony is required. Debtors are welcome to attend any of the hearings scheduled in their case and can arrange to observe their hearing remotely if desired.  
  1. Preparation of Orders. Judge Latta will indicate whether the Court or counsel will prepare an order on a particular matter when she enters the disposition on the Court’s calendar, whether in advance of the scheduled hearing, or at the conclusion of a hearing. See L.B.R. 9074-1(c).
  2. Electronic Case Filing. Proposed orders must be submitted in electronic format in accordance with the E-Orders Manual and ECF Guidelines Numbers 11 and 22 found on the court’s website at www.tnwb.uscourts.gov.
  3. Chapter 13 Orders. Proposed orders in Chapter 13 cases must be submitted to the Chapter 13 Trustee assigned to the Debtor’s case. See L.B.R. 9074-1; ECF Guideline 11.
  4. Disposition Without A Hearing. Proposed orders submitted prior to a scheduled hearing date should comply with Local Bankruptcy Rules 9013-1 and/or 9074-1. If an order has been entered (signed by Judge Latta and docketed to the case by the case administrator) or if a disposition has been noted on the calendar prior to the scheduled hearing, no appearance at the hearing is necessary.
  1. Contested Matters. Litigation to resolve a dispute that is not an adversary proceeding is a contested matter. Federal Rule of Bankruptcy Procedure 9014 provides the procedures applicable to contested matters. Ordinarily, the initial setting for a hearing on a contested matter is treated as a pretrial conference. Please advise Courtroom Deputy Debra Hayes and opposing counsel in advance if a scheduled hearing on a contested matter will involve a lengthy evidentiary hearing, even if the matter has previously been continued. Filing pleadings, attachments, and exhibits is governed by ECF Guidelines 14 and 22. Trial exhibits should be filed as directed in the Court’s Pretrial Scheduling Order, if any. If a Pretrial Scheduling Order has not been issued prior to the hearing, please call Chambers staff for instructions on submitting trial exhibits.
  2. Turnover Complaints. Turnover complaints in all chapters are set for hearing before the judge in the first instance. Turnover complaints for automobiles and deposit accounts filed in Chapter 13 cases are set for hearing at 10:00 a.m. on an expedited basis. See L.B.R. 9003- 1; Local Form 009.
  3. Other Complaints. A complaint commencing an adversary proceeding should be filed with an Adversary Cover Sheet (Official Form B1040).
    1. A Motion for Temporary Restraining Order may be filed with a complaint for a preliminary injunction. The Courtroom Deputy will set a hearing on the motion as soon as possible.
    2. Issuance of Summons. After a complaint is filed, a summons for each defendant is electronically issued by Chambers staff. The plaintiff's attorney is responsible for service of the summons and complaint on each defendant. See Fed. R. Civ. P. 4(c) made applicable by Fed. R. Bankr. P. 7004.
    3. Certificate of Service of Summons and Complaint. Page 2 of the electronic summons is a fillable pdf. A completed return of service as to each defendant is to be filed by plaintiff's attorney once service has been accomplished.
  4. Answer. Upon filing of an Answer:
    1. Preliminary Pretrial Scheduling Order. After an answer has been filed, a Preliminary Pretrial Scheduling Order will be generated by Chambers staff. This order provides a deadline for disclosures required by Rule 26(a) of the Federal Rules of Civil Procedure, incorporated by Rule 7026, Federal Rules of Bankruptcy Procedure, and a deadline for the filing of the parties' joint pretrial statement. This order also sets an initial Pretrial Scheduling Conference before the Court.
    2. Joint Pretrial Statement. This document is to be filed jointly by the parties as specified in the Preliminary Pretrial Scheduling Order prior to the initial Pretrial Scheduling Conference.
    3. Pretrial Scheduling Conference. Judge Latta will meet with the parties and/or their attorneys to discuss the need for discovery, deadlines for filing dispositive motions, the possibility of mediation, and a potential trial date.
    4. Pretrial Scheduling Order. The result of the initial Pretrial Scheduling Conference will be an order prepared by the Court setting out the schedule arrived at during the scheduling conference. Any requested amendments to the Scheduling Order should be agreed to by the parties or result from the filing of a motion to amend the Scheduling Order.
  5. Motion to Dismiss, Motion for Judgment on the Pleadings, or Motion for Summary Judgment. If any of these Dispositive Motions are filed, Chambers staff will issue an Order and Notice of the motion allowing the opposing party thirty days to file a written response to the motion and advising that a hearing on the motion will not be set unless specifically requested.
  6. Motions for Default Judgment. If the summons and complaint have been served pursuant to Rule 7004 and no answer or other response is timely filed, the plaintiff is encouraged to file a motion for entry of default and for default judgment. These may be combined in a single motion. See Fed. R. Civ. P. 55 made applicable by Fed. R. Bankr. P. 7055.
    1. Entry of Default. If there is no response to the motion for entry of default, the Court will direct the clerk to enter the party’s default upon the docket. Unless the plaintiff’s right to judgment in a sum certain is evident from the pleadings and affidavits, the Court will set the matter for a second hearing to consider entry of a default judgment. Pursuant to Rule 55, a person who has appeared personally or by a representative must be given at least seven days’ notice of the hearing on application for entry of judgment by default.
    2. Default Judgment. At the hearing on application for entry of judgment by default, the Court will consider the complaint, any affidavits, and the testimony of any witnesses to determine whether judgment by default should be entered and in what amount.
  7. No answer or activity after expiration of deadline to file a Responsive Pleading. Chambers staff will generally send a reminder to counsel to file a motion for entry of default and for default judgment if no answer or other response is timely filed. If after thirty days there is still no activity, the Court will issue a Sua Sponte Order to the plaintiff to show cause why the adversary proceeding should not be dismissed for lack of prosecution.
  1. Appearances. Evidentiary hearings generally require that attorneys and witnesses appear in person. If this is not possible, a remote appearance can be arranged, but the need for a remote appearance should be made known no later than the final pretrial conference.
  2. Exhibits. For trials and evidentiary hearings in contested matters and adversary proceedings, parties must comply with the Court's Pretrial Scheduling Order which provides specific instructions regarding trial exhibits. Please do not file trial exhibits in the case or with the Clerk's office. After the final determination of any contested matter or adversary proceeding, counsel will be notified that they have thirty days to retrieve any original or hard copy exhibits introduced into evidence. See L.B.R. 9072-1.
  3. Electronic Court Recording. All hearings before the Bankruptcy Court are recorded. Please speak clearly, spell difficult names, and do not speak while someone else is speaking.
  4. Transcripts. Information for obtaining transcripts and recordings of proceedings is found at the Transcripts link on the court’s website at www.tnwb.uscourts.gov. Instructions for ordering transcripts are provided. See L.B.R. 5077.
  5. Transcripts Filed with the Court. Transcripts of court proceedings may only be electronically filed by the court reporter or transcriber and docketed by the Clerk's office. The availability of an electronically filed transcript is limited by and subject to the policy set forth in Standing Order 08-0006, entered on October 6, 2008, and available on the court's website under "Standing Orders".
  1. Approval of Settlement. The procedure for approval of a settlement is governed by the Federal Rules and Local Bankruptcy Rule 5070-1(b) which provides:
    1. Whenever a contested matter or adversary proceeding is settled or otherwise disposed of outside of a hearing, counsel shall immediately notify the Courtroom Deputy and any trustee appointed in the case and shall promptly submit a proposed consent order for approval and entry. In addition, to obtain approval of a compromise or settlement in an adversary proceeding, a motion must be filed in the main bankruptcy case pursuant to Federal Rule of Bankruptcy Procedure 9019 and served as directed in Federal Rule of Bankruptcy Procedure 2002(a)(3).
  2. Settlement Conferences. The parties may request a settlement conference in a case or proceeding over which Judge Latta presides. Arrangements can be made for one of the other bankruptcy judges to conduct the settlement conference at no cost to the parties. See Local Bankruptcy Rule 9019-1.