Click Here for Judge Louis A. Scarcella's Available Hearing Dates

• Chapter 7 and 13 Cases. Most motions, applications, and other requests for relief are "self-scheduled”, with the exception of the following:
  - Evidentiary Hearings (including evidentiary hearings for contested matters in the main bankruptcy case)
  - Emergency/Expedited Hearings
  - Motion to dismiss, motion for summary judgment and motion for default judgment with respect to adversary proceedings. The motions shall be filed without a Notice of Hearing. The Court will issue a scheduling order. The Court will determine whether argument will be heard and, if so, will advise the parties.
   
• Chapter 11 Cases. All matters, whether in the main case or in any related adversary proceeding, will be scheduled by the Court. Hearing dates may be obtained by contacting the Courtroom Deputy, at las_hearings@nyeb.uscourts.gov.
   
• All scheduling requests should be directed to the Courtroom Deputy, by either calling (631) 712-6278 or sending an email to las_hearings@nyeb.uscourts.gov.
   
• Requests for relief requiring a hearing that are filed without first obtaining a hearing date will not be acted on.
   
• Requests for adjournment should be made no later than 12:00 p.m. on the business day before the scheduled hearing; requests made after that time will be granted only where good cause exists for the untimely request.
   
• Adjournments will be granted if:
  - agreed to by all parties and approved by Chambers, or
  - after consent is sought and denied, granted by the Court after a request to Chambers (las_hearings@nyeb.uscourts.gov), which request was copied to the other side and stated the basis for the request.
   
• If the requested adjournment is granted, a letter confirming the adjournment must be filed on the Electronic Case Filing (ECF) System prior to the original hearing date. A hearing will not be officially adjourned until the confirmation letter is filed on the Electronic Case Filing (ECF) System.

Requests for conferences must be made by letter emailed to the Courtroom Deputy at las_hearings@nyeb.uscourts.gov and must also be filed on the Electronic Case Filing (ECF) System. The letter, no longer than two pages, must include the reason for the conference. Parties wishing to respond to the request shall do so within twenty-four (24) hours with a similar letter filed on Electronic Case Filing (ECF) System.

Except as set forth below, all hearings shall be held in-person in Judge Scarcella’s courtroom.

Access by parties, parties in interest and the public to proceedings before Judge Scarcella will be in accordance with the revised policy, effective September 22, 2023, of the Judicial Conference of the United States concerning the public’s remote access to civil and bankruptcy proceedings and as set forth below. Information about the policy can be found here.

Applicability of these Procedures

The procedures described below are of general application and are not meant as limitations on other rules that may be applicable and that may limit access to proceedings or to portions of proceedings, including without limitation section 107 of the Bankruptcy Code, Rule 9018 of the Federal Rules of Bankruptcy Procedure and Rule 615 of the Federal Rules of Evidence.

Courtroom Access

The courtroom will be open to all parties, parties in interest and the public for access to all hearings and trials, including access in the courtroom to testimony and/or argument that is presented either remotely or in person.

Remote Access to Non-Evidentiary Hearings

Attorneys who represent parties in non-evidentiary hearings, conferences and other routine matters may participate in such matters by remote access through Zoom, unless the Court directs otherwise.

Any creditor, other party in interest or member of the public may obtain remote access to such matters through Zoom. All persons using Zoom must register with eCourt Appearances pursuant to the procedure described below.

Evidentiary Hearings and Trials

Evidentiary hearings and trials will be held in-person in Judge Scarcella’s courtroom unless the Court orders otherwise. Ordinarily the participants in such evidentiary hearings or trials will be expected to be present in the courtroom. However, for cause shown, including under Fed. R. Civ. P. 43(a) where applicable, the Court may authorize that a particular contested matter or trial, or a portion thereof, be made accessible via remote means for parties, their attorneys, witnesses, and interpreters.

Creditors and other parties in interest (as that term is used in the Bankruptcy Code and the Federal Rules of Bankruptcy Procedure) will be permitted to obtain remote audio access to evidentiary hearings in contested matters through Zoom. Members of the public (and the media) may have remote access to the portions of such evidentiary hearings that do not involve live testimony but they should attend in-person in the courtroom if they wish to view live testimony.

Pursuant to the Judicial Conference’s remote access policy, however, members of the public (and the media) may not have remote access to trials in adversary proceedings and must attend in-person in the courtroom.

First Day Hearings and Other Matters at which Testimony is Possible but Uncertain

First Day hearings and other hearings at which testimony may be offered, but at which testimony is not certain, will be conducted in accordance with the procedures that are described above for evidentiary hearings and trials.

Registering for Appearance Through eCourt Appearance

Parties and members of the public who wish to (i) participate “live” or (ii) listen to a hearing by audio feed may do so without requesting permission from Chambers.

Anyone wishing to listen to a hearing or participate remotely must register with eCourt Appearances. Information on how to register for, and use, the eCourt Appearances tool is available here. For clarification, for a hybrid "Zoom/in-person" hearing, parties appearing remotely by Zoom and parties appearing in-person, must register with eCourt Appearances. In either case, the party should register on or before 12:00 noon the day prior to the scheduled hearing.

Zoom hearing information will be sent to the email address used to register with eCourt Appearances.

• For Chapter 11 cases, parties must provide an electronic copy of any First Day Motion and Chapter 11 plans of reorganization and disclosure statements at the time of filing and service, by email to las_hearings@nyeb.uscourts.gov.
   
• When filing amended pleadings and proposed orders, including interim and final First Day orders, and amended Chapter 11 plans of reorganization and disclosure statements, counsel must include a redline in pdf format against the prior submission to show changes made.

• Unopposed motions may be granted without the need for an appearance, provided that the moving party files on the Electronic Case Filings (ECF) System a proposed order granting the motion along with a Certificate of No Objection at least two (2) days prior to the scheduled hearing date. A form of Certificate of No Objection can be also found under Judge Scarcella’s tab, “Form Orders.”
   
• An in-person appearance will still be required if
       -   the moving party fails to timely and properly file a Certificate of No Objection, or
       -   the Court determines a hearing is necessary.

• Parties must contact Chambers prior to filing an order to show cause, emergency motion, or motion to shorten time. (See Local Bankruptcy Rule 9077-1). Counsel should be prepared to submit the following documents for the Court's review: a copy of the underlying motion, a proposed order scheduling hearing on shortened notice (in Word format only), and a supporting affidavit.
   
• Unless there are special circumstances that preclude docketing of the underlying papers before the Court determines whether to enter the order to show cause, the papers must be filed on the Electronic Case Filing (ECF) system. The Court will contact the movant regarding the disposition of the requested order to show cause.
   
• A party requesting a hearing on order to show cause, emergency motion, or motion to shorten time should be prepared to serve the motion, together with the scheduling order, on the day that the order to show cause or motion is made.
   
• Injunctive relief will not, except in a demonstrated emergency, be granted without the party against whom relief is sought being given an opportunity to be heard.

• The Court will consider motions by notice of presentment for approval of settlements pursuant to Bankruptcy Rule 9019 in Chapter 7 and 13 cases. Parties wishing to move by notice of presentment should consult Local Bankruptcy Rule 2002-1 as to content and noticing requirements. Parties do not need to contact Chambers to schedule a date and time for presentment but must contact the Courtroom Deputy at las_hearings@nyeb.uscourts.gov for a hearing date if there is an objection.
   
• The Court will NOT consider any motions for stay relief involving a pro se debtor on notice of presentment.

• Unless otherwise provided by the Court, proposed orders must be submitted via the Electronic Court Filing (ECF) System in Word format, with any exhibits or attachments in PDF format, prior to the hearing date. If the proposed order differs from the proposed order that was initially submitted with the motion, the submitting party must provide a separate redlined version showing differences between the originally proposed order and the final version.
   
• When a motion has been heard by the Court and the moving party is directed to settle or submit a proposed order after the hearing, the motion may be deemed abandoned pursuant to Local Bankruptcy Rule 9072-1 if the proposed order is not settled or submitted, with a Word copy filed on the Electronic Case Filing (ECF) System, within fourteen (14) calendar days of the hearing on the motion, or such other time as ordered by the Court.

Requests for Bankruptcy Rule 2004 orders may be submitted ex parte, and the Court in its discretion may require notice and/or a hearing. An acceptable form of Bankruptcy Rule 2004 order is located under the "Form Orders" tab.

• Requests for filing and maintaining information under seal should comply with Local Bankruptcy Rule 9018-1 and be on notice to any opposing parties. Such motion must indicate the grounds for sealing.
   
• Concurrent with the filing of the motion, the requesting party must provide to the Courtroom Deputy via las_hearings@nyeb.uscourts.gov the following:
   -   a Word version of the relevant document in proposed redacted form for filing on the docket; and
   -   an unredacted physical copy (not to be emailed) of the same document labeled “confidential” and with each proposed redacted portion highlighted. Redactions should be kept to the minimum necessary to protect truly confidential information.
   
• Unless otherwise requested by the moving party and set forth in the order granting the motion to seal, all sealed documents shall be destroyed when the bankruptcy case is closed as set forth under Local Bankruptcy Rule 9018-1(c).

Motions for relief from stay to foreclose a mortgage on real property or a security interest in a cooperative apartment should be made in accordance with the Court's Administrative Order No. 533, Motion for Relief from Stay to Foreclose a Mortgage on Real Property or a Security Interest in a Cooperative Apartment.

Motions to continue the automatic stay in effect pursuant to Bankruptcy Code § 362(c)(3) or to impose the automatic stay under Bankruptcy Code § 362(c)(4) must:

      1. state the case number of previous cases dismissed within one year of the filing of the present case;

      2. include copies of Schedules I and J from previous cases dismissed within one year of the filing of the present case, and Schedules I and J from the current case;

      3. include an affidavit signed by the debtor supporting the allegations in the motion; and

      4. state in detail the basis for continuing the stay in effect or imposing the stay.

The procedures for payment and cure of pre-petition judgment of possession and warrant of eviction involving residential real property pursuant to Bankruptcy Code § 362(l) are set forth in Administrative Order No. 541, Payment and Cure of Pre-Petition Judgement of Possession Involving Residential Property.

Fees and Disbursements for Professionals should be made in accordance with the guidelines set forth in Administrative Order No. 613, Guidelines for Fees and Disbursements for Professionals in Eastern District of New York Bankruptcy Cases.

Debtor, or an authorized representative of the Debtor, and counsel for the Debtor, shall be present in-person at the Case Management Conference.

The unexcused failure to attend any Case Management Conference may constitute cause for conversion of a Chapter 11 case to a case under Chapter 7 or dismissal of this case pursuant to Bankruptcy Code § 1112.

• Applications for First Day motions should be made in accordance with the guidelines set forth in Administrative Order No. 565, Guidelines For First Day Motions.
   
• Parties wishing to schedule hearings on First Day motions in Chapter 11 cases should contact Chambers on the date of filing to discuss scheduling of the hearing. The First Day motions should be filed on the Electronic Case Filing (ECF) system. The best notice practical must ordinarily be provided to the Debtor's 20 largest unsecured creditors and principal secured creditors. The Court will not ordinarily schedule a hearing on First Day motions until the second day of the case, at the earliest.
   
• It is expected that Debtor's counsel will have consulted with the United States Trustee in advance regarding all relief to be requested at the First Day Hearing.
   
• If multiple debtors seek an order allowing joint administration of their cases, counsel should email chambers at las_hearings@nyeb.uscourts.gov as soon as practicable after the cases are filed a Word version of the proposed order and, in the cover email, indicate whether or not the United States Trustee has consented to the proposed joint administration. Do not include forms of relief other than the joint administration of the cases in the proposed order.

• Proposed interim or final orders authorizing a debtor to use cash collateral shall be submitted to Chambers at las_hearings@nyeb.uscourts.gov in Word format (along with a redline in pdf format showing changes against the most recent interim order approved by the Court) and filed on the Electronic Case Filing (ECF) System no later than two (2) business days prior to any hearing on a motion for entry of such order, unless the motion is set for a First Day hearing or otherwise set on an emergency basis, in which case the proposed order should be filed on the Electronic Case Filing (ECF) System and submitted to Chambers in Word format as soon as reasonably practicable.
   
• The proposed budget should be uploaded as an attachment in pdf format in the Electronic Case Filing (ECF) System when submitting the proposed cash collateral order.

• Applications for the entry of a Bar Date Order should be made in accordance with the guidelines set forth in Administrative Order No. 684, Amendments to Bar Date Order Guidelines.
   
• You may upload a proposed Bar Date Order in Word format in the Electronic Case Filing (ECF) System if it conforms to the template form of order on the Court’s website. Any proposed modifications to the template should be redlined, except for filling in blanks or deleting inapplicable sections (e.g., those items that may not apply because they are intended for cases with multiple debtors when there is only one debtor in the case).
   
• A proposed form of notice that similarly conforms to the template on the Court’s website should also be emailed to Chambers at las_hearings@nyeb.uscourts.gov.

Requests for monthly compensation may be made in accordance with Administrative Order No. 538, Order Establishing Procedures for Monthly Compensation and Reimbursement of Expenses of Professionals. Whether a request for monthly compensation will be granted will be determined on a case-by-case basis.

Motions in Chapter 11 cases where the debtor in possession or Trustee seeks authority to use cash collateral pursuant to Bankruptcy Code § 363(c), or seeks to obtain credit pursuant to Bankruptcy Code § 364, should be made in accordance with the guidelines set forth in Administrative Order No. 558, Adoption of Guidelines for Financing Motions.

Motions for the sale of assets under Bankruptcy Code § 363(b) should be made in accordance with the guidelines set forth in Administrative Order No. 557, Adoption of Sale Guidelines.

When filing the Subchapter V plan of reorganization, please email a proposed scheduling order to Chambers at las_hearings@nyeb.uscourts.gov that complies with Rule 3017.2 of the Federal Rules of Bankruptcy Procedure.

Official From 425A – Plan of Reorganization for Small Business under Chapter 11 can be found here.

• The attorney who will serve as principal trial counsel and any unrepresented party must appear in person at all conferences with the Court.
   
• Counsel attending the pretrial conference must be authorized by their clients to make stipulations and admissions about all matters that can reasonably be anticipated for discussion.
   
• If a defendant fails to file an answer or responsive motion by the response deadline, the Court may note the default at the initial pretrial conference and enter an order directing plaintiff to file a Motion for Entry of a Default Judgment. Once the Motion for Entry of Default Judgment is filed, the Court will schedule a hearing on the motion and direct the plaintiff to serve the motion and the Court’s Order.

The Court prefers live direct testimony but will allow sworn written direct examinations or proffers where appropriate for confirmation hearings, trials and other evidentiary hearings upon a party's request in advance. Where written direct examinations or proffers are used, the witness must be available for cross-examination and redirect. Such sworn written statements shall be exchanged by the parties and submitted to Chambers no later than three (3) business days before the hearing or trial.

• Unless ordered otherwise, briefs and motions with embedded argument and citations shall be submitted in text searchable format and include a table of contents, headings, and a table of authorities.
   
• Unless prior permission has been granted, memoranda of law in support of and in opposition to motions are limited to twenty (20) pages, and reply memoranda are limited to ten (10) pages. All memoranda shall be double-spaced 12-point font, with 1” margins. Memoranda of ten (10) pages or more shall contain a table of contents and a table of authorities.

• Pursuant to Local Bankruptcy Rule 7007-1, discovery motions may not be filed until the parties have (i) conferred to attempt to resolve the dispute and (ii) requested a discovery conference with the Court which was either denied or which conference did not resolve the dispute. Parties should contact Chambers by email at las_hearings@nyeb.uscourts.gov to request a discovery conference.
   
• Before any request for a conference on a discovery issue, the party requesting the conference is required to make a good faith effort to resolve the dispute with opposing counsel consistent with Local Rule 7007-1. If a conference is requested, the party requesting the conference must submit a writing of not more than two pages in length to the Court on notice to counsel for all affected parties, including opposing counsel, explaining why there is a need for a conference on a discovery issue. Opposing counsel may respond with a letter not more than two pages in length within 24 hours after the filing of the letter requesting a conference.
   
• Parties may contact Chambers by telephone regarding disputes that arise during depositions or in other situations requiring immediate judicial attention. Parties should attempt to avoid the need for such applications and must make a good faith effort to resolve a dispute before contacting Chambers.

• Parties wishing to adjourn a hearing because they have reached a settlement in advance of the hearing must make a request by letter filed on the Electronic Case Filing (ECF) System, together with a follow-up email to the Courtroom Deputy at las_hearings@nyeb.uscourts.gov. The letter requesting that the hearing be adjourned must be filed on the Electronic Case Filing (ECF) System no later than twenty-four (24) hours before the hearing.
   
• If a settlement is reached within twenty-four (24) hours of the hearing, one of the parties must appear at the hearing in person to announce the settlement.

• All opposition papers must be filed and transmitted so as to be received by the Chapter 13 Trustee at least seventy-two (72) hours in advance of the scheduled hearing. Where the motion to dismiss is based upon failure to provide documentation to the Chapter 13 Trustee as required by Local Bankruptcy Rule 2003-1, or as requested at the section 341 meeting, such documents must also be transmitted so as to be received by the Chapter 13 Trustee at least seventy-two (72) hours in advance of the scheduled hearing.
   
• Papers or documents filed or transmitted to the Chapter 13 Trustee less than seventy-two (72) hours before the scheduled hearing will not be considered at the hearing, and the filing of papers, or transmission of documents to the Chapter 13 Trustee, after that deadline, will not be grounds for denial or adjournment of any motion to dismiss, unless a written request for an extension of time is granted by the court before the expiration of the deadline. Any such request must be filed on the Electronic Case Filing (ECF) System, served on the Chapter 13 Trustee, and emailed to the Chambers at las_hearings@nyeb.uscourts.gov.

• Communication with Chambers. Letters should be filed on the docket and emailed to Chambers at las_hearings@nyeb.uscourts.gov. Parties should not engage in any ex parte communication with Chambers.
   
• Requests for Legal Advice. Chambers and Clerk's Office personnel are not permitted to give legal advice. No requests for legal advice should be made to Chambers or to the Clerk's Office, whether in person, by telephone, email or letter.
   
• Standards of Civility. By Administrative Order No. 733, dated March 4, 2022, the Court adopted the revised New York State Standards of Civility as guidelines for practice in all cases and proceedings in this Court. It is expected that all persons appearing in this Court will conduct themselves in accordance with these standards.
   
• Where relatively junior attorneys are familiar with a matter under consideration but have less in-court experience than a colleague, Judge Scarcella welcomes the junior lawyer’s active participation and is amenable to allowing more than one attorney to speak during the proceeding. The ultimate decision of who speaks on behalf of a client rests with counsel, not the Court.