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USBC-EDNY JUDGES' PROCEDURES

(click here for a printable pdf version of the Judges' Procedures)


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REQUESTS FOR LEGAL ADVICE
COMMUNICATION WITH CHAMBERS BY LETTER
RULES OF CIVILITY
ELECTRONIC FILING PROCEDURES
OBTAINING A HEARING DATE
  -   EMERGENCY MOTIONS
CHAMBERS COPIES
REQUESTING ADJOURNMENTS ON CONSENT
SETTLEMENT OR WITHDRAWAL OF MOTIONS AND ADVERSARY PROCEEDINGS
REQUESTING TELEPHONE OR VIDEO APPEARANCES
WAIVERS OF APPEARANCE
UNCONTESTED MATTERS
TRIAL EXHIBITS
NOTICES OF PRESENTMENT
SUBMISSION OF ORDERS
MOTIONS FOR RELIEF FROM STAY TO FORECLOSE A MORTGAGE ON REAL PROPERTY OR A SECURITY INTEREST IN A COOPERATIVE APARTMENT
PAYMENT AND CURE OF PRE-PETITION JUDGMENT OF POSSESSION INVOLVING RESIDENTIAL REAL PROPERTY
BAR DATE ORDERS
MONTHLY COMPENSATION REQUESTS
FINANCING MOTIONS
ASSET SALES
FIRST DAY MOTIONS
LOSS MITIGATION


1.     REQUESTS FOR LEGAL ADVICE

Chambers and Clerk's Office personnel are not permitted to give legal advice. No requests for legal advice should be made to chambers or to the Clerk's Office, whether in person, or by telephone, email or letter.

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2.     COMMUNICATION WITH CHAMBERS BY LETTER

Letters should not be sent to chambers, unless specifically authorized by these procedures or unless previously authorized by the judge.

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3.     RULES OF CIVILITY

By Administrative Order No. 568, dated October 28, 2010, the Court adopted the New York State Standards of Civility as guidelines for practice in all cases and proceedings in this Court. It is expected that all persons appearing in this Court will conduct themselves in accordance with these standards.

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4.     ELECTRONIC FILING PROCEDURES

The Court's electronic filing procedures are set forth in Administrative Order No. 559, Electronic Means of Filing, Signing and Verification of Documents.

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5.     OBTAINING A HEARING DATE

a.     Chapter 7, 11, 13 Cases and Adversary Proceedings

Chief Judge Carla E. Craig

Judge Dorothy Eisenberg

Judge Jerome Feller

Judge Alan S. Trust

Judge Elizabeth S. Stong

Judge Robert E. Grossman

Judge Nancy Hershey Lord

b.     Emergency Motions

A hearing on an emergency motion or by an application for an order to show cause, may be requested by emailing or calling the courtroom deputy clerk at the email address or telephone number provided for this purpose on the Court's website. The motion or application and any affidavit or affirmation required by E.D.N.Y. Local Bankruptcy Rule 9077-1 should be docketed before a hearing is requested. A party requesting a hearing on an emergency motion or application by order to show cause should be prepared to serve the motion together with the scheduling order or order to show cause on the day that it is entered. In cases assigned to Judge Feller a party requesting an order to show cause shall call chambers prior to docketing their application and any accompanying affidavit or affirmation required by E.D.N.Y. Local Bankruptcy Rule 9022-1.

In cases before Judge Trust, see Judge Trust's Procedures on the Court's website.

c.     Conferences

A conference may be requested by emailing or calling the courtroom deputy clerk at the email address or telephone number provided for this purpose on the Court's website. A letter explaining the reason for the conference should be docketed and served on adverse parties before the request is made.

In cases before Judge Trust, see Judge Trust's Procedures on the Court's website.

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6.     CHAMBERS COPIES

a.     Chief Judge Carla Craig and Judge Nancy Hershey Lord

Required for motion papers in Chapter 11 cases and for Chapter 11 plans and disclosure statements, and as otherwise requested by the Court.

b.     Judges Jerome Feller, Dorothy Eisenberg and Elizabeth Stong

Required for all motions or any related documents for all cases, including monthly operating reports in chapter 11 cases.

c.     Judge Alan Trust

Please see Judge Trust's Procedures on the Court's website.

d.     Judge Robert Grossman

Required for (1) motions in Chapter 11 cases, (2) memoranda of law in all cases and (3) motion papers, including affidavits and exhibits, that are more than 50 pages in Chapter 7 and 13 cases.

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7.     REQUESTING ADJOURNMENTS ON CONSENT

Adjournments with the consent of all interested parties may be requested by contacting chambers at the email address and/or telephone number provided for this purpose on the Court's website at least two business days prior to the scheduled hearing date. If the requested adjournment is granted, a follow-up letter, confirming the consent of all adverse parties to the adjournment, must be received by chambers, and filed electronically on the docket at least 24 hours in advance of the hearing. Unless the follow-up letter is received by chambers and filed on the docket by that time, the matter will remain on the calendar.

In cases before Judge Trust, see Judge Trust's Procedures on the Court's website.

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8.     SETTLEMENT OR WITHDRAWAL OF MOTIONS AND ADVERSARY PROCEEDINGS

a.

When a motion or adversary proceeding has been settled or withdrawn, the movant should inform the courtroom deputy clerk by telephone or email, and file a confirming letter on the docket, at least 24 hours in advance of the hearing date.

b.

If a motion or adversary proceeding scheduled for an evidentiary hearing or trial is settled, the motion or adversary proceeding will not be removed from the Court's calendar and the parties will not be excused from appearing until the parties file with the Court the stipulation of settlement or a statement setting out the material terms of the settlement, and email the statement to the courtroom deputy. Upon receipt of the email the Court will determine whether the parties are excused from appearing at the hearing or trial.

Note :   In cases before Judge Trust, see Judge Trust's Procedures on the Court's website.

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9.     REQUESTING TELEPHONE OR VIDEO APPEARANCES

a.     Telephone Appearances

Telephone appearances may be requested by emailing or calling the courtroom deputy clerk for the judge before whom the matter is pending at the email address or telephone number provided for this purpose on the Court's website. Requests must be made at least two business days in advance of the hearing, and will be considered on a case-by-case basis.

b.     Video Appearances

Facilities may be available to permit appearances to be made by video in Central Islip and in Brooklyn. Requests to appear by video in Brooklyn for a hearing in Central Islip, or to appear by video in Central Islip for a hearing in Brooklyn, may be made by telephone or email to the judge's courtroom deputy at least 7 days prior to the scheduled hearing date. Requests to appear by video in either Brooklyn or Central Islip from a location outside the district should be made at least 14 days prior to the scheduled hearing date. Requests to appear by video will be considered on a case-by-case basis.

Note :   In cases before Judge Trust, see Judge Trust's Procedures on the Court's website.

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10.     WAIVERS OF APPEARANCE

a.     Chapter 7 Trustee Motions to Dismiss

Unless the Court directs otherwise, the Court will waive the appearance of chapter 7 trustees on a motion to dismiss for failure to attend the Section 341 meeting of creditors.

b.     Final Meetings

Unless the Court directs otherwise, the Court will waive the appearance of chapter 7 trustees, their retained professionals, and the United States Trustee at the final meeting of creditors if neither the trustee nor any of the professionals is requesting compensation, including commissions or fees and expenses, in excess of $10,000.00. If an objection to such a motion is timely filed, or if the Court so directs, the trustee and/or its counsel shall attend the hearing. If a party fails to interpose a timely objection, but appears at the final meeting of creditors, then the Court may adjourn the matter to a new hearing date and require an appearance.

c.     Motions to Sell the Estate's Interest in a Motor Vehicle in Cases Assigned to Judge Grossman

Unless the Court directs otherwise, the Court will waive the appearance of chapter 7 trustees and their counsel at hearings on motions by the chapter 7 trustee to sell the estate's interest in a motor vehicle. If an objection to such a motion is timely filed, or if the Court so directs, the chapter 7 trustee and/or his counsel shall attend the hearing. If a party fails to interpose a timely objection, but appears at the hearing to object and the chapter 7 trustee or his counsel are not present, the Court may adjourn the matter to a new hearing date and require an appearance.

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11.     UNCONTESTED MATTERS

When a calendar matter is uncontested, a party may request that the matter be heard at the beginning of the calendar by speaking with the courtroom deputy before the call of the calendar.

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12.     TRIAL EXHIBITS

Parties should bring a sufficient number of copies of any exhibit to a trial or evidentiary hearing so that copies may be provided to each counsel and the witness. In addition, three copies should be provided for the Court. Parties are directed to follow E.D.N.Y. Local Bankruptcy Rule 9070-1. with respect to the retention and removal of exhibits.

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13.     NOTICES OF PRESENTMENT

a.     Chief Judge Carla Craig, Judge Elizabeth Stong and Judge Nancy Hershey Lord

Will entertain motions by notice of presentment to the extent permitted by the Bankruptcy Code and the Bankruptcy Rules, and in accordance with E.D.N.Y. Local Bankruptcy Rule 2002-1, with the exception of motions for stay relief in any case filed under any chapter of the Bankruptcy Code.

b.     Judge Jerome Feller

Will entertain motions by notice of presentment upon request on a case-by-case basis. Motions to confirm that the automatic stay did not go into effect pursuant to Bankruptcy Code 362(c)(4)(A) may be made on notice of presentment without permission from chambers.

c.     Judge Dorothy Eisenberg

Will entertain motions by notice of presentment for motions for relief from the stay, or upon request on a case by case basis.

d.     Judge Robert Grossman

Does not entertain notices of presentment.

e.     Judge Alan Trust

In cases before Judge Trust, see Judge Trust's Procedures on the Court's website.

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14.     SUBMISSION OF ORDERS

Parties with passwords to the CM/ECF system should upload proposed orders in accordance with the procedures governing electronic submission of proposed orders, available on the Court's website at http://www.nyeb.uscourts.gov/main_attorney/eorders.php. Proposed orders must be uploaded in a ".pdf" format and in either a Microsoft Word or Corel WordPerfect format.

Parties without passwords to the CM/ECF system should email proposed orders to the email address for the judge to whom the order is being submitted which is provided for that purpose on the Court's website.

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15.     MOTIONS FOR RELIEF FROM STAY TO FORECLOSE A MORTGAGE ON REAL PROPERTY
          OR A SECURITY INTEREST IN A COOPERATIVE APARTMENT

Motions for relief from stay to foreclose a mortgage on real property or a security interest in a cooperative apartment should be made in accordance with the Court's General Order No. 533.

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16.     PAYMENT AND CURE OF PRE-PETITION JUDGMENT OF POSSESSION INVOLVING
          RESIDENTIAL REAL PROPERTY

The procedures for payment and cure of pre-petition judgment of possession involving residential real property pursuant to Bankruptcy Code 362(i) are set forth in Administrative Order No. 541.

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17.     BAR DATE ORDERS

Applications for the entry of a Bar Date Order should be made in accordance with the guidelines set forth in Administrative Order No. 556, Adoption of Bar Date Order Guidelines.

Note :   For cases assigned to Judge Alan Trust 60 days' notice of the bar date is required.

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18.     MONTHLY COMPENSATION REQUESTS

Requests for monthly compensation may be made in accordance with Administrative Order No. 538, Order Establishing Procedures for Monthly Compensation and Reimbursement of Expenses of Professionals. Whether or not a request for monthly compensation will be granted will be determined on a case-by-case basis by the judge to whom the case is assigned.

Judge Feller will not entertain requests pursuant to Administrative Order No. 538.

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19.     FINANCING MOTIONS

Motions in chapter 11 cases where the debtor in possession or trustee seeks authority to use cash collateral pursuant to Bankruptcy Code 363(c), or seeks to obtain credit pursuant to Bankruptcy Code 364, should be made in accordance with the guidelines set forth in Administrative Order No. 558, Adoption of Guidelines for Financing Motions.

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20.     ASSET SALES

Motions for the sale of assets under Bankruptcy Code 363(b) should be made in accordance with the guidelines set forth in Administrative Order No. 557, Adoption of Sale Guidelines.

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21.     FIRST DAY MOTIONS

First day motions in chapter 11 cases should be made in accordance with the guidelines set forth in Administrative Order No. 565, Adoption of Guidelines for First Day Motions.

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22.     LOSS MITIGATION

At the present time, the loss mitigation program and procedures are available in cases assigned to Chief Judge Craig, and Judges Eisenberg, Stong and Lord. Loss Mitigation Program Procedures are set forth in General Order No. 582.

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