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JUDGE TRUST'S PROCEDURES

(click here for a printable pdf version of the Judge Trust's Procedures)


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APPLICATION FOR BAR DATE ORDERS
CHAMBERS COPIES
CONTACTING CHAMBERS
STIPULATIONS OR SETTLEMENTS IN CONTESTED MATTERS
AND ADVERSARY PROCEEDINGS

COMPENSATION REQUESTS
MOTIONS
REQUESTING AN ADJOURNMENT
REQUESTING AN EMERGENCY HEARING
APPEARANCES BY PHONE/VIDEO
OBTAINING HEARING DATES
SUBMISSION OF PROPOSED ORDERS
SUBMISSION OF SALE ORDERS
LAW STUDENT INTERN APPEARANCES


1.     APPLICATION FOR BAR DATE ORDERS

Proposed Orders setting the Bar Date for the filing of proofs of claim and administrative claims may be submitted in accordance with Administrative Order Number 556 of the United States Bankruptcy Court for the Eastern District of New York.

However, the bar date set shall be calculated to allow for sixty (60) days' notice from the deadline for the service of the Order and the Notice, plus any applicable additional time provided under Rule 9006 of the Federal Rules of Bankruptcy Procedure.

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2.     CHAMBERS COPIES

Unless otherwise requested by the Court, chambers copies are required only for exhibits and witness affidavits submitted for evidentiary hearings and trials before Judge Trust. Counsel should also consult Judge Trust's procedures regarding the filing of exhibits.

Exhibits :

Exhibits for any trial or contested hearing shall be filed and retained in accordance with E.D.N.Y. LBR 9070-1(a). The Court will strictly follow E.D.N.Y. LBR 9070-1(b) with respect to removal of exhibits from the Court. Parties are reminded that a sufficient number of copies shall be brought to any trial or contested hearing so that copies may be provided to each counsel and a witness. In addition, three additional copies shall be provided for the Court.

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3.     CONTACTING CHAMBERS

Judge Trust does not permit telephone calls to chambers, absent specific circumstances detailed on this page. Email contact with chambers is only allowed for the express purposes set out on this page. Emails to chambers are not pleadings, and do not constitute a request for relief, other than for the limited purposes of seeking adjournments, telephonic appearances, and in compliance with the emergency hearings procedures. Any other form of relief may only be sought in accordance with all applicable laws and rules. Any other communication with chambers may be considered an impermissible ex parte communication.

Submission of orders to Judge Trust is governed by the E-orders protocols established and available on the Court's website. All other order submissions are to be sent to the following address :

United States Bankruptcy Court
Eastern District of New York
Alfonse M. D'Amato Federal Courthouse
290 Federal Plaza
Central Islip, New York 11722

Please note that communications sent to the Court should generally be sent by attorneys admitted to practice before this Court. To the extent communications are sent by paraprofessionals, such communications should be limited to such communications as are appropriate under applicable rules governing the practice of law, and must be copied to the attorney of record at the law firm responsible for the matter made the subject of the communication.

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4.     STIPULATIONS OR SETTLEMENTS IN CONTESTED MATTERS AND ADVERSARY PROCEEDINGS

If the parties enter into a stipulation or settlement of a matter scheduled for hearing in a contested matter or for trial in an adversary proceeding, such matter will not be removed from the Court's calendar and the parties will not be excused from appearance until the parties file with the Court the stipulation of settlement or file a letter setting out all of the material terms of the stipulation or settlement, and email same to the Courtroom Deputy, stating that the stipulation or settlement or letter has been filed. Upon receipt of the email the Court will determine whether the parties will be excused from the hearing/trial and shall notify the parties of same.

Under no circumstance should the Courtroom Deputy be notified telephonically of a settlement.

Please further note that motions seeking approval of stipulations or settlements must comply the applicable Bankruptcy Rules and the applicable E.D.N.Y Local Bankruptcy Rules and chambers procedures.

Settlements by Presentment in an adversary proceeding shall also be filed and served in the main bankruptcy case in accordance with Rule 9019 of the Federal Rules of Bankruptcy.

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5.     COMPENSATION REQUESTS

a. Monthly Compensation

Judge Trust will entertain requests for monthly compensation in appropriate cases. Requests should be made in accordance with General Order No 538, which is available on the Court's website.

b. Interim Fee Applications

By Presentment - applications for interim compensation of Chapter 7, 11 or 15 professionals retained pursuant to Court Order may be brought by notice of presentment in accordance with E.D.N.Y. LBR 2002-1, if the following criteria are met:

In a Chapter 7 case, for professionals retained by the trustee pursuant to Order of this Court, where each fee request is less than $10,000.00 (exclusive of out of pocket expenses).

In a Chapter 11 case, for professionals retained by the debtor, the trustee, any official committee, or by an examiner, pursuant to Order of this Court, where each fee request is less than $25,000.00 (exclusive of out of pocket expenses).

In a Chapter 11 case, for the trustee or examiner, where each fee request is less than $25,000.00 (exclusive of out of pocket expenses).

In a Chapter 15 case, for professionals retained by any foreign representative pursuant to Order of this Court, where each fee request is less than $25,000.00 (exclusive of out of pocket expenses).

If an objection is timely filed, or if the Court so directs, the Court shall set the application for hearing, and direct the party filing the application to provide notice thereof.

The Notice must contain the following text, conspicuously displayed after the objection deadline is set out in the same size as or larger font than the statement of the relief sought, and in bold letters:

Please be advised that if an objection is timely filed to the relief requested, or if the Court determines that a hearing is appropriate, the Court will schedule a hearing. Notice of such a hearing will be provided by the applicant.

In a Chapter 11 case where there are multiple retained professionals, debtor's counsel shall file a copy of the attached Retained Professionals Interim Fee Schedule at least one (1) week prior to each scheduled status conference or each hearing on interim or final fee applications in the case.

c. Second or Subsequent Interim Fee Applications

The introductory section of any second or subsequent interim fee application must contain a clear statement of the net amount of fees and expenses sought by the application, any hold back for the application, any and all amounts previously approved the Court and any and all amounts actually paid previously, as well as any hold back from any prior application(s).

d. Final Fee Applications

Final Meeting of Creditors (Chapter 7) - unless the Court directs otherwise, the Court will excuse the appearance of Chapter 7 trustees and their retained professionals and all other parties-in-interest at the final meeting of creditors if: (i) no objections have been filed; (ii) neither the trustee nor any of the professionals retained by the trustee pursuant to an Order of this Court is seeking fees or commissions of $10,000.00 or more (exclusive of out of pocket expenses); and (iii) the United States Trustee has filed a statement of no opposition. If a party-in-interest does not file a timely objection, but appears at the final meeting of creditors, then the Court may either (i) not consider the objection as untimely, or (ii) adjourn the matter to a new hearing date and require an appearance.

Except as provided below, all other final fee applications must be by hearing.

e. Mediator Fee Applications

Interim or final applications for fees and expenses for mediators retained pursuant to Court orders may be brought by presentment, regardless of amount. The application or a notice served in connection with the application must contain the following text, conspicuously displayed after the objection deadline is set out in the same size as or larger font than the statement of the relief sought, and in bold letters:

Please be advised that if an objection is timely filed to the relief requested, or if the Court determines that a hearing is appropriate, the Court will schedule a hearing. Notice of such a hearing will be provided by the applicant.

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6.     MOTIONS

Form Orders for commonly filed motions are available, and Judge Trust prefers that proposed orders on those matters be submitted using the forms provided.

By Notice of Presentment :

The following motions may be brought by notice of presentment in accordance with E.D.N.Y. LBR 2002-1. The Notice must contain the following text, conspicuously displayed after the objection deadline is set out in the same size as or larger font than the statement of the relief sought, and in bold letters :

Please be advised that if an objection is timely filed to the relief requested, or if the Court determines that a hearing is appropriate, the Court will schedule a hearing. Notice of such a hearing will be provided by the applicant.

1.

Motion to approve a compromise or settlement of a contested matter or an adversary proceeding; any request to approve a compromise of an objection to dischargeability must comply with E.D.N.Y. LBR 4007-1, governing settlement or dismissal of proceedings objecting to dischargeability.

2.

Motion to extend time to file objection to discharge and/or dischargeability of debt.

3.

Motion to modify a Chapter 13 plan after confirmation. [Please note that a proposed order granting a motion to modify a confirmed Chapter 13 plan must include the signature of the Chapter 13 Trustee on the order indicating the trustee has no objection to the modification]

4.

Motion objecting to a claim(s). [Please note this does not alter the Rule 3007(a) notice requirements]

5.

Motion to allow a late filed claim.

6.

Motion to reopen a case. [Please note that a motion to reopen a case which seeks additional relief upon the case being reopened, such as avoiding a lien under 522(f) or filing a Certification of Completion of a Postpetition Personal Financial Management Course, may be filed and served as a single motion; however, the Court may require that separate notice be given of any additional relief sought by the motion]

7.

Motion to convert a case from Chapter 7 to Chapter 11 or 13 must be by presentment or by hearing; a motion to convert a case from Chapter 13 to Chapter 7 prior to confirmation of a plan may be made by notice of conversion by using the form available from the Clerk's Office; a motion to convert a case from Chapter 13 to Chapter 7 after confirmation of a plan must be by presentment or by hearing; a motion to convert a case from Chapter 11 to Chapter 7 or Chapter 13 must be by presentment or by hearing.

8.

Motion to redeem property.

9.

Motion to avoid a lien(s). [Please include the following language in any proposed order granting a motion to avoid a lien: In Chapter 7, the lien is avoided "upon the entry of a discharge order"; in Chapter 13, the lien is avoided "upon the filing by the Chapter 13 Trustee of a Certification of Completed Chapter 13 Plan"]

10.

Motion for a default judgment in an adversary proceeding.

11.

Motion to approve a sale of property, including sales free and clear of liens in Chapter 7; however, sales free and clear of liens in all other Chapters require a hearing.

12.

Interim fee applications within certain limits. [See below for requirements]

13.

A request for an order confirming the termination or inapplicability of the automatic stay pursuant to Bankruptcy Code 362(c)(4)(A)(ii) or (j).

14.

Motions relating to disputes arising from Rule 2004 examinations. [Please see below for procedures governing requests for a Rule 2004 examination]

15.

Requests for compensation of auctioneers, brokers and other non-attorney professionals retained by Order of the Court where the request for compensation is less than $5,000 (including expenses).

16.

Debtor(s)' Motion to Dismiss a case under chapter 7 or chapter 13. [Please note that Judge Trust requires a motion on notice to dismiss a Chapter 7 or Chapter 13 case]

17.

Trustee's Motion to Dismiss for Debtor(s)' failure to appear at a 341 Meeting. [Please note that in accordance with Rule 10(a) of the Court's posted omnibus Judges' Procedures, unless the Court directs otherwise, Judge Trust will waive the appearance of chapter 7 trustees on a motion to dismiss for failure to attend the Section 341 meeting of creditors.]

18.

Motion for Modification of Mortgage. [Please note this may also be done by stipulation; however, in a chapter 13 case either a stipulation or the proposed Order must include consent of the chapter 13 trustee]

19.

Motion for substitution of counsel. [The motion must comply with E.D.N.Y. LBR 2090-1]

Motions to Reconsider by Presentment :

In accordance with Rule 9023 of the Federal Rules of Bankruptcy Procedure, incorporating Rule 59 of the Federal Rules of Civil Procedure, a party may file a motion to reconsider after entry of the order or judgment which the party seeks to have reconsidered. The motion should state with particularity the basis upon which reconsideration is sought, in accordance with applicable law. The party is to file a motion to reconsider without obtaining a hearing date. The judge may rule on the motion ex parte without response, direct that a response be filed, and/or set the matter for hearing.

Motions to Approve Lease Assumption Agreements :

Judge Trust will not consider motions or stipulations for approval of personal property lease assumption agreements. See In re Farley, 451 B.R. 235 (Bankr. E.D.N.Y. 2011).

Motions for Examination Under Rule 2004 :

Motions for Examination Under Rule 2004 may be submitted without notice to any party. The Court generally requires twenty (20) days' notice for the examination of the party and thirty (30) days' notice for the production of documents. These time frames may run concurrently. No shortening of the preceding time frames will be granted absent cause which shall be established by affidavit or affirmation. In addition, the Court requires personal service of the subpoena in accordance with Fed. R. Bankr. P. 9016, incorporating Fed. R. Civ. P. 45.

Motions for Stay Relief :

All motions seeking relief from the automatic stay must be by hearing. In addition, requests for relief from the automatic stay may be joined with requests for such additional relief as is available under Bankruptcy Code 362, such as in rem relief, but may not be joined with requests for additional relief, such as dismissal or conversion of the case, or appointment of a chapter 11 trustee, not provided under 362.

Motions to Extend/Impose the Automatic Stay :

Motions to extend or impose the automatic stay under Bankruptcy Code 362(c) shall be accompanied by an affidavit or affirmation supporting the motion. The Debtor(s) and counsel are required to attend the hearing on a motion to extend or impose the automatic stay.

Motions in Adversary Proceedings to be heard by Submission :

All motions in adversary proceedings pursuant to Rules 7004, 7012, 7013, 7015, 7037, 7055 and 7056 of the Federal Rules of Bankruptcy Procedure, shall be by presentment only.

In the Notice of Presentment the movant shall include language stating that any response to any such motion, other than a motion under Rule 7055 or Rule 7056, shall be due fourteen (14) days after the date of filing plus any extension of time pursuant to Bankruptcy Rule 9006 or E.D.N.Y. LBR 9006-1; the response to a motion under either Rule 7055 or Rule 7056 shall be due twenty-one (21) days after the date of filing plus any extension of time pursuant to Bankruptcy Rule 9006 or E.D.N.Y. LBR 9006-1.

The motion shall be considered ripe for ruling after the response date has passed, unless the Court sets a different response date, requests further briefing, or has previously issued a scheduling order which establishes a different date for response(s).

In the event the Court determines that a hearing is warranted, the Court will notify the parties of the hearing date and time. Prior to filing any other motion in an adversary proceeding, the movant shall contact Judge Trust's Courtroom Deputy, Yvette Mills, following the procedures for scheduling hearings outlined above, to determine if a hearing is required.

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7.     REQUESTING AN ADJOURNMENT

Requests for agreed adjournments are to be emailed at least two business days prior to the scheduled hearing date to the Judge's Courtroom Deputy, Yvette Mills, at: ast_hearings@nyeb.uscourts.gov. If an adjournment is not consensual, the party seeking the adjournment must proceed by motion. Please include the letter setting forth the terms of the agreed adjournment or, if contested, the filed motion, as a pdf attachment to the email, and state in the subject section of the email that the email pertains to a request for an adjournment. Requests for agreed adjournments may be by letter, but must state the reason why the adjournment is being sought.

Any requests for an adjournment must be copied to all parties who have filed papers related to the subject matter. If an adjournment is granted, the party requesting the adjournment must immediately docket a letter or notice in the official CM ECF records regarding the adjournment, setting out the date and time to which the hearing has been adjourned; such letter or notice must be contemporaneously served via electronic mail or fax to the parties who have filed papers related to matter, and to the parties who have filed notices of appearance in the case. If an adjournment is not agreed upon, the party seeking the adjournment must proceed by motion.

Telephone calls to chambers are not allowed unless the party does not have email access.

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8.     REQUESTING AN EMERGENCY HEARING

Orders to show cause, ex parte orders, first day motions, and orders shortening time must be by motion, and must comply with E.D.N.Y. LBR 9077-1. After the motion is filed with the Court, to request a hearing or other relief, please contact the Judge's Courtroom Deputy, Yvette Mills, by email at: ast_hearings@nyeb.uscourts.gov. Please include the filed motion as a pdf attachment, and state in the subject section of the email that the email pertains to an order to show cause, an ex parte order, first day motions, or an order shortening time.

Telephone calls to chambers are not allowed unless the party does not have email access.

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9.     APPEARANCES BY PHONE/VIDEO

Appearances by Telephone :

Requests to appear by telephone are to be emailed to ast_hearings@nyeb.uscourts.gov at least two (2) business days prior to the scheduled hearing date. Requests must state the reason why the telephonic appearance is being sought. If a telephonic appearance is not granted, the parties are required to appear in person. Any request for a telephonic appearance must be copied to all parties who have filed papers related to the subject matter.

Appearances by video from the Conrad B. Duberstein United States Bankruptcy Courthouse in Brooklyn :

The Court has facilities available to permit appearances to be made by video from the Conrad B. Duberstein United States Bankruptcy Courthouse in Brooklyn. Requests to appear by video are to be emailed to the Judge's Courtroom Deputy, Yvette Mills, at ast_hearings@nyeb.uscourts.gov at least ten (10) business days prior to the scheduled hearing date.

Requests must state the reason why the video appearance is being sought. If a video appearance is not granted, the parties are required to appear in person. Any request for a video appearance must be copied to all parties who have filed papers related to the subject matter.

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10.     OBTAINING HEARING DATES

Click Here to view Self Calendaring Dates for Judge Trust

Self-calendaring dates are for hearings which are reasonably anticipated to require no more than 30 minutes; if the party filing a motion reasonably anticipates a hearing which will require more than 30 minutes in the aggregate for all parties, prior to filing the motion, counsel must contact the Courtroom Deputy at ast_hearings@nyeb.uscourts.gov to obtain a hearing date.

Unless otherwise notified by the Court, parties are also advised that it is unnecessary to bring witnesses to a status conference or to a self-calendared hearing.

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11.     SUBMISSION OF PROPOSED ORDERS

Judge Trust prefers that proposed orders be submitted through the CM/ECF system. Please see the following web page for further information on procedures for filing electronic orders :

Info on E-Orders

Parties unable to access the CM/ECF system shall submit orders to Chambers electronically by email to: astorders@nyeb.uscourts.gov. Please see the following web page for further information on procedures for submitting orders by email :

Submitting by Email

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12.     SUBMISSION OF SALE ORDERS

Proposed Orders establishing the procedures for Sale shall be submitted in accordance with Administrative Order Number 557 of the United States Bankruptcy Court for the Eastern District of New York, but should exclude language related to the waiving of rights pursuant to Section 363(n). The proposed Order establishing bid procedures should be submitted by ECF upload and emailed to the Judge's Courtroom Deputy, Yvette Mills, at: ast_hearings@nyeb.uscourts.gov.

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13.     LAW STUDENT INTERN APPEARANCES

Law Student Interns seeking to practice before Judge Trust must complete and file a Law Student Intern Appearance Form. In addition to the disclosures required on the Law Student Intern Appearance Form, Judge Trust requires a statement as to whether the Law Student Intern has successfully completed a consumer bankruptcy law course in which no less than two (2) credit hours have been earned. A statement in the form below is acceptable. In addition, the Form must be filed with the Court in the specific case for which an appearance is requested no less than five (5) days prior to the scheduled Court appearance by the Law Student Intern, and the supervising attorney must simultaneously notify the Judge's Courtroom Deputy, Yvette Mills, of the proposed appearance by a Law Student Intern, at: ast_hearings@nyeb.uscourts.gov.

Acceptable language.
Law Student Bankruptcy Course Certification.

I further certify that I have successfully completed a consumer bankruptcy course in which I have earned no less than two (2) credit hours.

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