HEARINGS:
As of May 16, 2024, all hearings before Judge Nancy Hershey Lord will be conducted solely using the Webex audio video platform, with the exception of trials and evidentiary hearings in connection with contested matters. Regarding the latter, the Court will be in direct communication with the parties with respect to scheduling.
Chapter 11 hearings and related adversary proceedings will be held by videoconference. Parties have the option to either connect by video using the provided video link or dial in as an audio only participant. However, parties are encouraged to appear by video.
Chapter 7/13 hearings and related adversary proceedings will be held by teleconference.
Mandatory Registration for Hearings. Judge Nancy Hershey-Lord conducts hearings telephonically and by videoconference. All participants must register with eCourt Appearances in advance of all telephonic and videoconference appearances. eCourt Appearances registration is required by both attorneys and non-attorney participants. Attorneys with a CM/ECF account may find the program under the “Utilities” menu after logging on to CM/ECF.
Attorneys with a CM/ECF account may find the program under the “Utilities” menu after logging on to CM/ECF. Those without CM/ECF accounts may access the program on the website, click here. To register for eCourt Appearances and for more information on eCourt Appearances, including a tutorial, click here.
Once registered, eCourt Appearances will email the telephone number and/or video link for your hearing. You may register for hearings weeks in advance, but the telephone number and/or video link will not be emailed to you until 48 hours before the hearing date. Those registering with eCourt Appearances less than 48 hours in advance of the hearing should allow up to 15 minutes after registration to receive the email with the telephone number and/or video link.
Those unable to access eCourt Appearances must email Judge Nancy Hershey-Lord’s Courtroom Deputy at: nhl_hearings@nyeb.uscourts.gov at least two (2) business days prior to the hearing. Your email must include your name, the case number(s), who you represent (if you are an attorney), hearing date, and phone number.
Judge Nancy Hershey Lord’s hearings are open to the press and the general public. Any person who desires to listen to a hearing as a nonparticipant need not register using eCourt Appearances, but should email Judge Nancy Hershey Lord’s Courtroom Deputy at nhl_hearings@nyeb.uscourts.gov at least two (2) business days prior to the hearing to obtain the telephone number and/or video link.
NOTICES OF MOTION/HEARING:
All notices of hearing must reflect that the hearing will be conducted using the Webex platform. The notice must also (1) state whether the hearing will be held by teleconference or by videoconference; (2) direct participants to register with eCourt Appearances; (3) include instructions for registering with eCourt Appearances; and (4) indicate that the video link and/or telephone number will be provided by email 48 hours before the hearing date to all parties that register with eCourt Appearances, but those registering for hearings less than 48 hours in advance of the hearing should allow up to 15 minutes after registration to receive the email with the information. The notices of hearing should not include a physical courthouse location.
Etiquette for appearing by Videoconference and/or Teleconference via Cisco Webex for Government
ADJOURNMENTS:
Requests for adjournments on consent are encouraged. Requests by attorneys, represented parties, and pro se parties may be made by contacting the Courtroom Deputy by email at nhl_hearings@nyeb.uscourts.gov at least (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.
Procedures for obtaining hearing dates, and requesting emergency hearings, adjournments, telephonic or video appearances, conferences, and concerning chambers copies, submission of orders, notices of presentment, and other matters may be found by clicking the Judges' Procedures tab.
Mailing address:
Hon. Nancy Hershey Lord U.S. Bankruptcy Court, EDNY Conrad B. Duberstein Courthouse 271-C Cadman Plaza East - Suite 1595 Brooklyn, NY 11201-1800
*** Please review Judges' Procedures before contacting chambers.
View Judge Lord's Calendar (Hearings and 341 Meetings)
Obtaining Hearing Dates for Judge Lord
Registering Hearing Appearances before Judge Lord
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.
Letters should be filed on the docket and emailed to Chambers.
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.
The Court's electronic filing procedures are set forth in Administrative Order No. 559, Electronic Means of Filing, Signing and Verification of Documents.
a. Chapter 7, 11, 13 Cases and Adversary Proceedings :
Judge Nancy Hershey Lord
b. Emergency Motions
A hearing on an emergency motion or an application for an order to show cause may be requested by emailing or calling the Courtroom Deputy Clerk at the email address or telephone number provided for this purpose on the Court's website. The motion or application and any affidavit or affirmation required by E.D.N.Y. Local Bankruptcy Rule 9077-1 should be docketed before a hearing is requested. A party requesting a hearing on an emergency motion or application for order to show cause should be prepared to serve the motion or application together with the scheduling order or order to show cause on the day that it is entered.
Injunctive relief, including temporary restraining orders, will not ordinarily be granted without the party against whom relief is sought being given an opportunity to respond.
c. Conferences
A conference may be requested by filing a letter on the docket and emailing a copy of the letter to the Courtroom Deputy Clerk for the Judge before whom the matter is pending at the email address provided for this purpose on the Court's website. A letter, no longer than two pages, explaining the reason for the conference and stating whether a telephone or in-person conference is requested, should be docketed and served on all (adverse/interested) parties before the request is made.
No Chamber’s copy required unless requested by the Court.
Adjournments with the consent of all interested parties may be requested by contacting Chambers at the email address and/or telephone number provided for this purpose on the Court's website at least two business days prior to the scheduled hearing date. If the requested adjournment is granted, a follow-up letter, confirming the consent of all (adverse/interested) parties to the adjournment that lists all matters to be adjourned, must be received by Chambers and filed electronically on the docket at least one business day prior to the hearing. Unless the follow-up letter is received by Chambers and filed on the docket by that time, the scheduled matter will remain on the calendar.
a. When a motion or adversary proceeding has been settled or withdrawn, the movant should inform the Courtroom Deputy Clerk by email and file a confirming letter on the docket at least 1 business day prior to the scheduled hearing.
b. Upon receipt of the email, the Court will determine whether the parties are excused from appearing at the hearing or trial.
See Judge Lord's Procedures
a. Chapter 7 Trustee Motions to Dismiss
Unless the Court directs otherwise, the Court will waive the appearance of Chapter 7 Trustees on a motion to dismiss for failure to attend the Section 341 meeting of creditors.
b. Final Meetings of Creditors
Unless the Court directs otherwise, the Court will waive the appearance of Chapter 7 Trustees, their retained professionals, and the United States Trustee at the final meeting of creditors if neither the Trustee nor any of the professionals are requesting compensation, including commissions or fees and expenses, in excess of $10,000.00. If an objection to such a motion is timely filed, or if the Court so directs, the Trustee and/or its counsel shall attend the hearing. If a party fails to interpose a timely objection, but appears at the final meeting of creditors, then the Court may adjourn the matter to a new hearing date and require an appearance.
When a calendar matter is uncontested, a party may request that the matter be heard at the beginning of the calendar by speaking with the courtroom deputy before the call of the calendar.
Parties should bring a sufficient number of copies of any exhibit to a trial or evidentiary hearing so that copies may be provided to each counsel and any witnesses. In addition, three copies should be provided for the Court. Parties are directed to follow E.D.N.Y. Local Bankruptcy Rule 9070-1. with respect to the retention and removal of exhibits.
Judge Lord will entertain motions by notice of presentment to the extent permitted by the Bankruptcy Code and the Bankruptcy Rules, and in accordance with E.D.N.Y. Local Bankruptcy Rule 2002-1 with the exception of (1) motions for stay relief; (2) motions to approve loan modifications; and (3) motions to avoid liens.
Parties with passwords to the CM/ECF system should upload proposed orders in accordance with the procedures governing electronic submission of proposed orders, available on the Court's website on the Submission of Proposed Orders (E-Orders) page. Proposed orders must be uploaded as a ".pdf" document and a Microsoft Word document.
Parties without passwords to the CM/ECF system should email proposed orders to the Hearings email address for the Judge to whom the order is being submitted which is provided for that purpose on the Court's website.
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 General Order No. 533, Motion for Relief from Stay to Foreclose a Mortgage on Real Property or a Security Interest in a Cooperative Apartment.
The procedures for payment and cure of pre-petition judgment of possession involving residential real property pursuant to Bankruptcy Code § 362(i) are set forth in Administrative Order No. 541, Payment and Cure of Pre-Petition Judgement of Possession Involving Residential Property.
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.
For cases assigned to Judge Lord, 55 days’ notice of the bar date is required.
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 by the Judge to whom the case is assigned.
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.
First day motions in Chapter 11 cases should be made in accordance with the guidelines set forth in Administrative Order No. 565, Adoption of Guidelines for First Day Motions.
Loss Mitigation Program Procedures are set forth in General Order No. 676, Adoption of Modified Loss Mitigation Program Procedures.
Fees and Disbursements for Professionals should be made in accordance with the guidelines set forth in General Order No. 613, Guidelines for Fees and Disbursements for Professionals in Eastern District of New York Bankruptcy Cases.
Click here to view Judge Lord's Written Opinions
