Requests for most relief in bankruptcy court must be made by motion, and require notice and a hearing before the judge. A motion must be in writing, must include a hearing date and time that the motion will be heard by the judge, and should clearly state the relief requested and the justification for the relief. A motion may be accompanied by supporting documents.
FEES: Some motions have a filing fee that must be paid at the time the motion is filed with the court. Common motions that have fees are motions to modify or lift the automatic stay, and motions to reopen a case. Please see the court’s fee schedule.
SERVICE REQUIREMENTS: Motions need to be served by mail to the trustee assigned to the case, and the United States Trustee, as well as to all other parties in interest. Please be aware that whether an individual or entity is an interested party is legal advice and therefore, may not be provided by the Pro Se Law Clerk or any court staff.
A motion packet (links below) includes the following:
- Notice of Motion: Includes the relief being sought, and serves to notify parties of the hearing date and time that the motion will be heard. Available hearing dates are listed in the Calendar/Hearings section on your judge’s information page, which may be found here. Hearing dates must be at least 17 days after the date you file and serve your motion.
- Application: Restates the requested relief with an explanation and justification for why the relief should be granted; and
- Certificate of Service: Certifies to the court that all interested parties were served with the Notice of Motion and Application. The names and addresses of all parties served must be listed so the judge can make sure that notice of the motion was properly served.
Motion Packet for Remote Hearings (See Judges’ Procedures or send an email to the Pro Se Office to see if your judge holds hearings in-person or remotely).
Motion Packet (Brooklyn)
Motion Packet (Central Islip)
Motion Packet for Adversary (Brooklyn)
Motion Packet for Adversary (Central Islip)
Emergency Motions
If someone is in urgent need of immediate relief that cannot wait, they may file an emergency motion, also called an “Order to Show Cause.” An Order to Show Cause Packet contains a proposed order and application. It is important to know that an Order to Show Cause can be denied if the Judge decides that the emergency stated in the application does not require immediate relief. See Judges’ Procedures for important procedural information.