EFFECTIVE IMMEDIATELY: For hearings before Judge Trust while Eastern District of New York Administrative Order No.2020-05 re: Restrictions on Visitors to Courthouses remains in effect, and in order to protect the health and safety of the public, Judge Trust is adopting the following supplemental procedures in all matters. Please refrain from contacting the Court during this time period unless you have a matter that requires immediate attention.
Unless you are notified otherwise by email, all matters on Judge Trust’s March 18, 2020 calendar are adjourned to April 8, 2020 at the same time as they are scheduled on March 18.
Unless you are notified otherwise by email, all matters on Judge Trust’s March 19, 2020 10:30 am and 11:30 am calendar are adjourned to April 16, 2020 at the same time as they are scheduled on March 19.
Requests for adjournments on consent on all other matters are encouraged. Requests by attorneys, represented parties, and pro se parties may be made by contacting the Courtroom Deputy by email at: firstname.lastname@example.org at least 24 hours in advance of the scheduled hearing. The Courtroom Deputy will respond by email, providing available dates and times and any other instructions.
All hearings which are not adjourned, including those on March 17, 2020, will be conducted telephonically, unless you are notified otherwise by the Courtroom Deputy. For a dial in number and any questions about telephonic appearances, contact the Courtroom Deputy by email at: email@example.com at least 24 hours in advance of the scheduled hearing. The Courtroom Deputy will respond by email, providing a dial in number and instructions.
EDNY LBR Rule 9006-1 TIME FOR SERVICE AND FILING OF MOTIONS AND ANSWERING PAPERS requires, inter alia, that “(ii) any answering papers shall be served so as to be received at least 7 days before the hearing date... Untimely papers may not be considered by the Court.”
Motions on Judge Trust’s calendars which are not opposed as required by EDNY LBR 9006-1 shall be deemed unopposed motions, including motions by the Chapter 13 Trustee to dismiss cases and motions for relief from stay, and may be granted by the Court without the need for an appearance, provided that the moving party files with the Court a Certificate of No Objection at least 3 business days prior to the scheduled hearing date. The Certificate of No Objection shall include the date of the filing and service of the motion, the deadline for filing an objection thereto, and a representation that (i) the motion was filed and served in a timely fashion, (ii) no objection has been filed or served on the movant, (iii) there is no objection, responsive pleading or request for a hearing with respect to the motion on the docket, and (iv) movant is aware of no informal objection. Following receipt of the Certificate of No Objection, the Court may enter an order granting the motion without further pleading, hearing or request. In the event the Court determines a hearing is necessary, the hearing shall be scheduled for a date after April 24, 2020. A form of Certificate of No Objection which shall be utilized in these circumstances can be found on the Court’s website under Judge Trust’ tab, “Form Orders.”
All other procedures:
All of Judge Trust’s standard published procedures, including motions by presentment and requests for emergency hearings, shall otherwise remain in effect.
Procedures for obtaining hearing dates, and requesting emergency hearings, adjournments, telephonic or video appearances, and concerning chambers copies, submission of orders, notices of presentment, and other matters may be found by clicking the Judge's Procedures tab. In addition, Judge Trust has promulgated various forms of orders that can be used for cases in his court; you can access these forms by clicking the Form Orders tab.
United States Bankruptcy Court
Eastern District of New York
Alfonse M. D'Amato Federal Courthouse
290 Federal Plaza
Central Islip, New York 11722
*** Please review Judge Trust's Procedures before contacting chambers.
View Judge Trust's Calendar (Hearings and 341 Meetings)
Obtaining Hearing Dates for Judge Trust
Click here to view Judge Trust's Procedures
Click here to view Judge Trust's Written Opinions
Judge Trust prefers that proposed orders on the matters referenced below be submitted using the forms provided.
Consumer Cases :
Avoid judicial liens under § 522(f) in Chapter 7 case
Order reclassifying judicial liens in Chapter 13 case prior to plan completion
Order reclassifying judicial liens in Chapter 13 case after plan completion
Convert case from Chapter 7 to Chapter 13
Convert case from Chapter 13 to Chapter 7
Relief from automatic stay
Reopen case for limited purpose
Void junior mortgage lien in Chapter 13 case
Conditional Stay Relief
Chapter 11 Cases :
Administrative Bar Date
Disclosure Statement Hearing
Small Business - conditionally approve disclosure statement and schedule confirmation
Adversary Proceedings :
Grant motion for default judgment
Judgment by default
General Orders :
Bankruptcy Rule 2004 examination and production of documents
Schedule emergency hearing
Certificate of No Objection
The Honorable Alan S. Trust ascended to the bench on April 2, 2008, and sits in the Eastern District of New York. He is an adjunct professor of law at the St. John’s University School of Law, a past Chair of the Bankruptcy Law Section of the Federal Bar Association, a member of the Board of Directors of that Section, and has served as the CLE Committee chair. He is also President of the Eastern District of New York Chapter of the Federal Bar Association, and serves as CLE Committee co-chair. He is a member of the Editorial Board of the American Bankruptcy Institute Journal, is a coordinating editor for the Journal, and for several years has had responsibility for the Dicta column. He is also a member of the American Bankruptcy Institute and the National Conference of Bankruptcy Judges.
During his tenure on the bench, Judge Trust has been designated by the Second Circuit Court of Appeals to mediate cases in the Southern District of New York and to sit in the District of Connecticut bankruptcy court. Judge Trust also serves on the Judiciary Data Working Group under the auspices of the Administrative Offices of the United States Courts.
Judge Trust is a frequent speaker and author for numerous CLE events and seminars, addressing bankruptcy, mediation and ethics issues. He is a trained mediator, and was instrumental in the creation of a Pro Bono Mediation Program and the formation of the Consumer Lawyer Advisory Committee adopted by the Bankruptcy Court for Eastern District of New York.
Judge Trust attended Syracuse University, graduating summa cum laude in 1981, and as a member of Phi Beta Kappa. He attended New York University School of Law, where he served on the Law Review from 1982-83, and graduated cum laude in 1984. After graduation, he relocated to Dallas, Texas to begin his law practice. Judge Trust opened his own law firm (Trust.Law.Firm, P.C.) in Dallas in December 1995, and managed that firm until appointed to the bench.