EFFECTIVE JULY 10, 2023: Chief Judge Trust is adopting the following procedures for hearings in all matters.
Hearings:
Chief Judge Trust will be conducting hearings by virtual platform video, virtual platform audio, and in person.
In-person hearings:
Commencing July 10, 2023, Judge Trust will be conducting the following hearings in person:
Status conferences and all motions filed in all chapter 11 cases other than in cases pending under Subchapter V;
Evidentiary hearings in all adversary proceedings and contested matters in all chapters in which live testimony will be taken; and
Any other matters for which Judge Trust deems an in-person hearing will assist in securing the just, speedy, and inexpensive determination of any case or proceeding.
For in-person hearings in chapter 11 cases, a party-in-interest may request to appear by virtual platform if they: (a) are not a movant or respondent on the motion being heard; (b) simply to wish to monitor the status conference or motion being heard; or (c) believe that appearing in person will be substantially inconvenient or cause them or their client to incur unnecessary costs or expense.
Any person seeking to appear via virtual platform in a chapter 11 case (other than a Subchapter V case) must request permission from the courtroom deputy by email at ast_hearings@nyeb.uscourts.gov at least five (5) business prior to the hearing. Any such request must be copied to the Debtor(s), the United States Trustee, any committee appointed in the case, and any movant or respondent if related to a specific motion being heard. If you do not obtain permission to appear via virtual platform at least 48 hours prior to the hearing, you will be required to appear in person.
eCourt Appearances:
All attorneys and unrepresented parties appearing both in person and via virtual platform must register with eCourt Appearances at least two (2) business days in advance of the scheduled hearing at: https://ecf.nyeb.uscourts.gov/cgi-bin/nyebAppearances.pl. For more information on eCourt Appearances, including a tutorial on how to use the program, please click here.
NOTE: Even if you register your appearance via eCourt Appearances and receive a link, you must still appear in person unless your matter falls within an exception to the In-person appearance requirement above.
If for some reason you are not able to use the eCourt Appearances platform you must email the Courtroom Deputy at: ast_hearings@nyeb.uscourts.gov at least two (2) business days prior to the hearing and state that a reasonable effort to use the platform has been made. You must include your name, the case number(s), who you represent if you are an attorney, and the date of the hearing. Your email must include in the Re: line “I am not able to register using eCourt Appearances.” You will then be provided with the dial in/log in information. If you do not have internet access you may call the courtroom deputy with this information.
Please check your audio and video equipment before every hearing. Please consult your IT personnel if you have any problems logging in for a virtual hearing.
Conduct when appearing by Audio or Video:
Adjournments:
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:
ast_hearings@nyeb.uscourts.gov
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.
Failure to appear:
If a party does not timely connect for a virtual appearance, or appear in time for an in-person hearing, the hearing may proceed in their absence. If the movant does not appear, the matter may be denied for failure to appear.
General public and media attendance:
Judge Trust’s courtroom is open to the general public including the media, who may attend any hearing in person. Such in person attendance is permitted whether the hearing(s) being conducted are held in person or over the virtual platform.
The Judicial Conference of the United States has approved a change to its broadcast policy that expands the public’s access to civil and bankruptcy proceedings. The revised policy permits judges presiding over bankruptcy cases to provide the public, including members of the media, with remote audio-only access to proceedings that do not involve witness testimony.
Any member of the the public, including members of the media, wishing to obtain audio-only remote access to proceedings that do not involve witness testimony must request permission from the courtroom deputy by sending an email to ast_hearings@nyeb.uscourts.gov at least three (3) business days prior to the hearing with the caption "General public and media attendance" in the Re line. Any such request must include the name of the person(s) who would be attending, the phone number from which the person(s) would be dialing in, the name of the debtor, the case number, and the motion(s) at issue. Such request must be copied to the Debtor(s), the United States Trustee, any committee appointed in the case, and any movant or respondent if related to a specific motion being heard. If such remote access is granted, the person(s) are to keep their audio-only lined muted at all times, unless requested by the Court to identify themselves.
Only case participants (i.e. parties-in-interest as defined under Section 1109 of the Bankruptcy Code) may register to attend a hearing using the eCourt Appearances platform.
Unopposed motions:
Please consult Judge Trust’s Procedures under the Procedures Tab for the protocols for filing a Certificate of No Objection. A form of Certificate of No Objection can be found under Judge Trust’s 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.
Mailing address:
Courtroom 960 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
Registering Hearing Appearances before 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
In Rem Relief from automatic stay
Reopen case for limited purpose
Void junior mortgage lien in Chapter 13 case
Conditional Stay Relief
Order approving loan modification agreement
Chapter 11 Cases :
Bar Date
Administrative Bar Date
Disclosure Statement Hearing
Confirmation Hearing
Small Business - conditionally approve disclosure statement and schedule confirmation
Adversary Proceedings :
Grant motion for default judgment
Judgment by default
Scheduling Mediation
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 became Chief Bankruptcy Judge on October 1, 2020.
In December 2023, Chief Justice John G. Roberts, Jr. appointed Judge Trust to a two-year term as the Bankruptcy Judge Observer to the Judicial Conference of the United States.
Judge Trust has been selected by the Federal Judicial Center on several occasions to serve as a faculty member for national bankruptcy judge workshops, and has spoken on issues such as evidence and the power of the bankruptcy courts to regulate its proceedings through sanctions and contempt. Judge Trust has been an adjunct professor of law at the St. John’s University School of Law since 2009.
Judge Trust has been previously 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 has continued to serve as a judge mediator. He also served for five years on the Judiciary Data Working Group under the auspices of the Administrative Offices of the United States Courts.
Judge Trust is the recipient of the 2022 New York Institute of Credit Conrad B. Duberstein Memorial Award for Excellence and Compassion in the Bankruptcy Judiciary, and the 2022 Association of Insolvency and Restructuring Advisors’ Judicial Service Award.
Judge Trust served a two year term as President of the Eastern District of New York Chapter of the Federal Bar Association and serves as CLE Committee co-chair. He is 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 a past member of the Editorial Board of the American Bankruptcy Institute Journal, a coordinating editor for the Journal, and for over ten years had responsibility for the Dicta column. He is also a member the National Conference of Bankruptcy Judges and has served as the NCBJ liaison to the FBA.
Judge Trust remains a frequent speaker and contributor for numerous CLE events and seminars, addressing bankruptcy, mediation, trial practice and ethics issues, and has participated in a number of civics programs. He was instrumental in the creation of the Pro Bono Mediation Program and the formation of the Consumer Lawyer Advisory Committee adopted by the EDNY Bankruptcy Court.
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 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 December 1995 and managed that firm until appointed to the bench.
