Click Here for Judge Sheryl P. Giugliano Available Hearing Dates

• 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.
   
• Requesting Adjournments on Consent. 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.
   
• Settlement or Withdrawal of Motions and Adversary Proceedings. When a motion or adversary proceeding has been settled or withdrawn, the movant should inform the Courtroom Deputy Clerk by email and file a confirming letter on the docket at least 1 business day prior to the scheduled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. Upon receipt of the email, the Court will determine whether the parties are excused from appearing at the hearing or trial.
   
• Waivers of Appearance.
  

  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.

  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.

• Uncontested Matters. 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.

Appearances: Except as set forth below, all hearings shall be held in-person in Judge Giugliano’s courtroom. The general public, including the press, may observe hearings in-person.

Exceptions:

1. The Chapter 13 confirmation calendars will be conducted by videoconference

The chapter 13 confirmation calendar includes hearings and objections to chapter 13 plans, motions to approve modifications to chapter 13 plans, and motions to dismiss chapter 13 cases. Parties may opt to appear in-person at the chapter 13 confirmation calendars.

2. First Day Hearings

Due to the exigencies often associated with first day hearings in chapter 11 cases, unless the Court orders otherwise, such hearings will be conducted from Judge Giugliano’s courtroom in a hybrid format that will permit either in-person attendance or remote participation via videoconference. The courtroom will be open to all parties and to the public. Any person wishing to attend the first day hearing remotely must register their appearance using the eCourt Appearance tool, which is available here, when possible, by 4:00 p.m. the day before the hearing, and no later than one hour before the scheduled hearing time. Pursuant to the Judicial Conference’s remote access policy, public attendees, including members of the media, may receive remote audio access only to the portions of the first day hearing not involving live witness testimony.

3. Requests to appear by videoconference

For all in-person hearings, except for trials and evidentiary hearings, a party may appear by videoconference if they request permission from the courtroom deputy by email at SPG_hearings@nyeb.uscourts.gov at least 48 hours prior to the hearing If you do not obtain permission to appear by videoconference at least 48 hours prior to the hearing, you will be required to appear in-person.

Public and Media: Any member of the public, including members of the media, may attend any hearing in person. The Judicial Conference has revised its policy to permit 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 public or media wishing to obtain audio-only remote access to proceedings that do not involve witness testimony must request permission from the courtroom deputy by email at SPG_hearings@nyeb.uscourts.gov at least 48 hours prior to the hearing.

Registering for Appearances Through eCourt Appearances

Regardless of whether a hearing is by videoconference or in-person, all attorneys and unrepresented parties are required to register with eCourt Appearances at least two business days in advance of the scheduled hearing. Appearances registration is required by attorneys and non-attorneys.

The general public, including the press, are not required or permitted to register for hearings through eCourt Appearances, which is for use exclusively by parties and their professionals.

CM/ECF accounts are not necessary for eCourt Appearances. Attorneys with a CM/ECF account may find the program under the “Utilities” menu after logging on to CM/ECF.

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, video link, and courtroom address for your hearing. You may register for hearings weeks in advance, but the telephone number and video link will not be sent to you until 48 hours before the hearing date. Those registering with eCourt Appearances for hearings less than 48 hours in advance should allow up to 15 minutes after registration to receive the email with the hearing information.

SHARING VIDEO LINKS OR DIAL-IN NUMBERS WITH THOSE WHO HAVE NOT REGISTERED WITH eCOURT APPEARANCES IS PROHIBITED. THE COURT WILL TERMINATE THE VIDEO AND AUDIO CONNECTION OF THOSE WHO JOIN A HEARING WITHOUT PRIOR REGISTRATION WITH eCOURT APPEARANCES.

Those unable to access eCourt Appearances must email the courtroom deputy at SPG_hearings@nyeb.uscourts.gov at least two (2) business days prior to the hearing. Your email must include your name, the case number, who you represent if you are an attorney, the date of the hearing and a phone number.

Etiquette for Appearing by Phone or Videoconference

Please follow these guidelines when appearing by videoconference:

1. Join your hearing at the scheduled time to avoid missing the call of your case.
2. Several matters may be scheduled for the same calendar. Please wait with your phone and computer on mute until your case is called.
3. Use your first and last name as your screen name.
4. If you are not speaking, keep your phone or computer on mute. When appearing on video, press *6 to mute and unmute the audio.
5. State your name before speaking, every time you speak.
6. Speak up and speak clearly.
7. Avoid using a speaker phone.
8. Join the hearing from a quiet room.

Failure to Appear

If a party does not timely connect for a video 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.

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.

Judge Giugliano 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 motions for stay relief in any case filed under any chapter of the Bankruptcy Code.

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.

Requests for 2004 Orders may be submitted to Chambers ex parte, although written notice given to the affected parties is preferred, but the Court in its discretion may require notice and a hearing.

Unless ordered otherwise, briefs and motions with embedded argument and citations shall be submitted in text searchable format and, if 10 pages or longer, shall include a table of contents, headings, and a table of authorities.

Except as permitted by the Court, moving and responsive briefs shall be no more than 30 pages in length. Reply briefs shall be no more than 15 pages exclusive of the table of contents and table of authorities.

Two sets of chambers copies are required for first-day motions in chapter 11 cases, for motions and supporting documents in adversary proceedings, for all memoranda of law and for any other documents exceeding 50 pages.

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.

Due to the exigencies often associated with first day hearings in chapter 11 cases, unless the Court orders otherwise, such hearings will be conducted from Judge Giugliano’s courtroom in a hybrid format that will permit either in-person attendance or remote participation via videoconference. The courtroom will be open to all parties and to the public. Any person wishing to attend the first day hearing remotely must register their appearance using the eCourt Appearance tool, which is available here, when possible, by 4:00 p.m. the day before the hearing, and no later than one hour before the scheduled hearing time. Pursuant to the Judicial Conference’s remote access policy, public attendees, including members of the media, may receive remote audio access only to the portions of the first day hearing not involving live witness testimony.

• Trial Exhibits. 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.

Pursuant to Local 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 SPG_hearings@nyeb.uscourts.gov to request a discovery conference, which may be telephonic.

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.

• Combined Chapter 11 Plan and Disclosure Statement / Conditional Approval of Disclosure Statement. In appropriate circumstances, the Court may conditionally approve a disclosure statement and schedule a combined hearing on final approval of the disclosure statement and chapter 11 plan confirmation. Additionally, the Court may authorize a plan proponent to use a joint plan and disclosure statement. Requests for conditional approval of a disclosure statement or approval of a joint plan and disclosure statement must be made by motion pursuant to Rules 9006-1 and 9013-1 of the Local Bankruptcy Rules for the Eastern District of New York. Prior to filing a motion seeking authorization for either procedure, the proponent must file a letter request on the docket. The Court will either schedule a telephone conference or grant the request.
   
• 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.
   
• Communication with Chambers by Letter. Letters should be filed on the docket and emailed to Chambers.
   
• 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.
   
• Electronic Filing Procedures. The Court's electronic filing procedures are set forth in Administrative Order No. 559, Electronic Means of Filing, Signing and Verification of Documents.
   
• Motions for Relief from Stay to Foreclose a Mortgage on Real property or a Security Interest in a Cooperative Apartment. 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.
   
• Payment and Cure of Pre-Petition Judgment of Possession Involving Residential Real Property. 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.
   
• Monthly Compensation Requests. 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.
   
• Financing Motions. 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.
   
• Asset Sales. 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.
   
• Fees and Disbursements for Professionals. 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.

If a motion has been filed, appropriate notice has been given, and no objection, responsive pleading, or request for an adjournment has filed on the docket or received by the movant within 48 hours after the objection deadline, the movant may file a certificate of no objection (“CNO”) with the proposed order attached as an exhibit. A copy of the CNO must also be emailed to SPG_hearings@nyeb.uscourts.gov.

The CNO must include a representation that (i) the motion was filed and served timely, and (ii) no objection, responsive pleading, or request for adjournment respecting the motion has been filed on the docket or received by the movant. The CNO must also include the date of the filing and service of the motion or application, the deadline for filing an objection thereto, and a statement that counsel is filing the CNO not less than 48 hours after the expiration of such deadline.

Upon receipt of the CNO, the Court may enter the order granting the motion without a hearing; provided the form of order was served with the motion and the proposed order is uploaded to CM/ECF E-Orders. Once the order is entered, the hearing scheduled on the motion will be cancelled without further notice.

If the order is not entered by 4:30 p.m. on the business day prior to the scheduled hearing date, the Court will hold the scheduled hearing. Please note, the Court will not cancel a hearing, notwithstanding a timely filed CNO, if a hearing is required under the Bankruptcy Code or Bankruptcy Rules.

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.

The Loss Mitigation Program and procedures are available in cases assigned to Judges Stong, Lord and Mazer-Marino. Loss Mitigation Program Procedures are set forth in General Order No. 676, Adoption of Modified Loss Mitigation Program Procedures.