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Chief Judge Alan S. Trust

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EFFECTIVE IMMEDIATELY: For hearings before Judge Trust while Eastern District of New York Administrative Order No. 2020-22 et seq 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.

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.

Hearings Before Judge Alan Trust:

Chief Judge Trust will be conducting hearings by audio only (telephone), Zoom video, and in person.

Commencing with his hearings scheduled for March 8, 2022, and continuing thereafter, all attorneys and unrepresented parties are required to register for the hearing(s) at least two (2) business days in advance of the scheduled hearing by using the Court’s eCourt Appearances platform: 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.

This link shall be used for all audio only and Zoom hearings. Parties attending in person hearings shall follow the separate procedures in the “In person hearings and trials” section below.

Parties do not need to contact the Courtroom Deputy to request prior authorization to appear telephonically.

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.

Conduct during audio only hearings:

  • Announce your name each time before speaking.
  • Speak up and enunciate so that you can be heard and understood.
  • Avoid the use of a speaker phone (use a landline, if possible).
  • If you are not speaking keep your phone muted.

Video conference hearings via Zoom:

Any hearing to be held by video will be on the Zoom platform. Unless directed otherwise, or unless you are examining a witness, you may attend a Zoom hearing using the audio only dial in option.

Conduct during video conference hearings:

  • Announce your name each time before speaking.
  • Keep your camera off and phone muted unless you are addressing the Court or examining a witness.
  • Avoid the use of a speaker phone (use a landline, if possible).
  • Speak up and enunciate so that you can be heard and understood.

Instructions for joining Zoom hearings:

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

In person hearings and trials:

All parties must email the Courtroom Deputy at: ast_hearings@nyeb.uscourts.gov at least three (3) business days in advance of the scheduled hearing to identify all persons who will appear, along with their vaccination status; this includes any witness(es) that party may call to testify. If any person(s) vaccination status is unknown, the attorney must so indicate and state that a reasonable inquiry has been made. This notification concerning vaccination status is not to be filed on the case docket. All attorneys must identify the party(ies) the attorney represents.

Unopposed motions:

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. FOR EXAMPLE, A CNO FOR A TUESDAY HEARING MUST BE FILED BY THE PRECEDING THURSDAY, AND A CNO FOR A THURSDAY HEARING MUST BE FILED BY THE PRECEDING MONDAY. Judge Trust is not currently accepting CNO's on CARES Act motions to amend a confirmed Chapter 13 plan or a motion to extend or impose the automatic stay.

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.

 

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.