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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 Zoom video, Zoom 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 Zoom 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 Zoom 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 Zoom 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 Zoom 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 Zoom 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 Zoom hearing. Please consult your IT personnel if you have any problems logging in for a Zoom Hearing. For additional help click this link: ZoomGov Support.

Conduct when appearing by Zoom:

  • Announce your name each time before speaking.
  • Speak up and enunciate so that you can be heard and understood.
  • Avoid the use of a cell phone and of a speaker phone (use a landline, if possible).
  • Do not attend a hearing while operating a vehicle.
  • If you are not speaking keep your phone muted.
  • Appropriate courtroom attire and conduct is required.

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 Zoom 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 Zoom 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.