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.
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:email@example.com
at least two (2) business days in advance of the scheduled hearing. The Courtroom Deputy will respond by email, providing available dates and times and any other instructions. Please do not call chambers with questions concerning adjournments.
Hearings Before Judge Alan Trust:
Until further notice, all hearings will be conducted telephonically unless a separate video conference order has been entered.
Telephonic only hearings:
All parties, including attorneys, clients, and pro se parties, may appear telephonically in accordance with the instructions below. Parties do not need to contact the Courtroom Deputy to request prior authorization to appear telephonically.
All parties must email the Courtroom Deputy at: firstname.lastname@example.org at least 24 hours in advance of the scheduled hearing to identify the parties that will appear. All attorneys must also identify the party the attorney represents. Please note that you should call in for the time in which your hearing is scheduled. Additionally, depending on where your case is on the calendar, you may have to wait a little while, so please put your phone on mute until your case is called.
Below are the instructions to be used to dial in for the telephonic appearance:
Video conference hearings:
Any hearing to held by video conference will be the subject of an Order entered in the main case and/or adversary proceeding at issue. Parties are directed to consult the docket of the main case and/or adversary proceeding; those hearings will not be using the dial in information above.
All parties attending the hearing shall:
Instructions for Registering and Joining Cisco WebEx Meetings
Please consult your IT personnel if you have any problems registering or logging in for the Hearing. For additional help go to http://help.webex.com
Those attending by telephone only shall use the phone numbers included in the order scheduling the hearing.
Each video hearing will have a unique Registration Link for those wishing to attend via video.
Click on the Register link.
Enter your registration details, click Register Now.
You will see a message, Registration Confirmed. Click View Meeting Information.
You will see a message at the top of the page that the meeting requires registration. Since you already registered you will only need to enter the meeting password and click OK.
This reveals the meeting link and access number.
For those of you joining with a tablet or phone you will need to go through the Cisco WebEx app and take note of the meeting number.
For computer users you will click on the meeting link or copy it into your browser.
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 three (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 May 1, 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
Motion to amend chapter 13 plan under CARES Act and Certification in support of motion
Motion to avoid lien under 522f (Outline)
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.