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23 with respect to the foregoing, the Bankruptcy Code does not impair any non-bankruptcy law right to a jury trial with regard to a personal injury or wrongful death tort claim. 28 U.S.C. § 1411(a). E. Motion Practice, Adversary Proceedings and Contested Matters There are three ways in which issues are generally addressed to a bankruptcy court—motion practice, contested matters or adversary proceedings—each of which have particularized procedures associated with them. Depending on the particular issue, a particular method of presentment may be required. 1. Motion Practice Most issues that arise in bankruptcy proceedings are presented to the bankruptcy court via motion. In this context, a motion is a written request to the bankruptcy court for an order for relief. Although there are specific rules that govern motions for certain forms of relief, in general, the only requirements for a motion are that it should set forth the relief sought and the grounds supporting such relief. Motions are to be served on other parties in interest in the bankruptcy proceeding in accordance with the Bankruptcy Rules, local bankruptcy rules, or as ordered by the bankruptcy court. F ED. R. BANKR. P. 9013. 7 These parties in interest will have the opportunity to object to the motion. A court is also permitted, pursuant to Section 105(a) of the Bankruptcy Code, to change the effective date of its orders to a date earlier than when such order is granted by the court. Such an order is known as a nunc pro tunc order and is typically issued when the equities favor such action. See Constant Ltd. P'ship v. Jamesway Corp. (In re Jamesway Corp.), 179 B.R. 33, 39 (Bankr. S.D.N.Y. 1995). Courts have applied a two-pronged test to determine whether a nunc pro tunc order is warranted. First, if the application for the relief requested by the order was timely made, 7 While motions are also used in contested matters (described below), this discussion focuses on the use of motions outside of the context of contested matters.

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