(click here for a printable pdf version of the Judges' Procedures)
(Amended 06/08/2023)
1. REQUESTS FOR LEGAL ADVICE
2. COMMUNICATION WITH CHAMBERS BY LETTER
3. RULES OF CIVILITY
4. ELECTRONIC FILING PROCEDURES
5. OBTAINING A HEARING DATE
- EMERGENCY MOTIONS
6. CHAMBERS COPIES
7. REQUESTING ADJOURNMENTS ON CONSENT
8. SETTLEMENT OR WITHDRAWAL OF MOTIONS AND ADVERSARY PROCEEDINGS
9. REQUESTING TELEPHONE OR VIDEO APPEARANCES
10. WAIVERS OF APPEARANCE
11. UNCONTESTED MATTERS
12. TRIAL EXHIBITS
13. NOTICES OF PRESENTMENT
14. SUBMISSION OF ORDERS
15. MOTIONS FOR RELIEF FROM STAY TO FORECLOSE A MORTGAGE ON REAL
PROPERTY OR A SECURITY INTEREST IN A COOPERATIVE APARTMENT
16. PAYMENT AND CURE OF PRE-PETITION JUDGMENT OF POSSESSION
INVOLVING RESIDENTIAL REAL PROPERTY
17. BAR DATE ORDERS
18. MONTHLY COMPENSATION REQUESTS
19. FINANCING MOTIONS
20. ASSET SALES
21. FIRST DAY MOTIONS
22. LOSS MITIGATION
23. FEES AND DISBURSEMENTS FOR PROFESSIONALS
1. 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.
2. COMMUNICATION WITH CHAMBERS BY LETTER
Letters should be filed on the docket and emailed to Chambers.
3. 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.
4. 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.
5. OBTAINING A HEARING DATE
a. Chapter 7, 11, 13 Cases and Adversary Proceedings
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.
In cases before Chief Judge Trust, see Chief Judge Trust's Procedures on the Court's website.
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.
In cases before Chief Judge Trust, see Chief Judge Trust's Procedures on the Court's website.
6. CHAMBERS COPIES
a. Chief Judge Alan Trust
In cases before Chief Judge Trust, see Chief Judge Trust's Procedures on the Court's website.
b. Judge Elizabeth Stong
Chambers copies are required for first-day motions in Chapter 11 cases, for motions and supporting documents in adversary proceedings, and for any other documents with exhibits that exceed 75 pages in length (excluding motions for relief from stay); and when requested.
c. Judge Robert Grossman
No Chamber’s copy is required as long as it’s on the docket.
d. Judge Nancy Hershey Lord
No Chamber’s copy required unless requested by the Court.
e. Judge Louis Scarcella
Required for motion papers in Chapter 11 cases and for Chapter 11 plans and disclosure statements, and as otherwise requested by the Court.
f. Judge Jil Mazer-Marino
No Chambers copy required unless requested by the Court.
7. 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.
In cases before Chief Judge Trust, see Chief Judge Trust's Procedures on the Court's website.
8. SETTLEMENT OR WITHDRAWAL OF MOTIONS AND ADVERSARY PROCEEDINGS
|
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. |
In cases before Chief Judge Trust, see Chief Judge Trust's Procedures on the Court's website.
9. REQUESTING TELEPHONE OR VIDEO APPEARANCES
- In cases before Chief Judge Alan S. Trust, see Chief Judge Trust's Procedures on the Court's website.
- In cases before Judge Elizabeth S. Stong, see Judge Stong's Procedures on the Court's website.
- In cases before Judge Robert E. Grossman, see Judge Grossman's Procedures on the Court's website.
- In cases before Judge Nancy Hershey Lord, see Judge Lord's Procedures on the Court's website.
- In cases before Judge Louise A. Scarcella, see Judge Scarcella's Procedures on the Court's website.
- In cases before Judge Jil Mazer-Marino, see Judge Mazer-Marino's Procedures on the Court's website.
10. WAIVERS OF APPEARANCE
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.
c. Motions to Sell the Estate's Interest in a Motor Vehicle in Cases Assigned to Judge Grossman
Unless the Court directs otherwise, the Court will waive the appearance of Chapter 7 Trustees and their counsel at hearings on motions by the Chapter 7 Trustee to sell the estate's interest in a motor vehicle. If an objection to such a motion is timely filed, or if the Court so directs, the Chapter 7 Trustee and/or its counsel shall attend the hearing. If a party fails to interpose a timely objection, but appears at the hearing to object and the Chapter 7 Trustee or its counsel are not present, the Court may adjourn the matter to a new hearing date and require an appearance.
11. 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.
12. 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.
13. NOTICES OF PRESENTMENT
a. Chief Judge Alan Trust
In cases before Chief Judge Trust, see Chief Judge Trust's Procedures on the Court's website.
b. Judge Elizabeth Stong
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.
c. Judge Robert Grossman
Does not entertain notices of presentment.
d. Judge Nancy Hershey 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.
e. Judge Louis Scarcella
In Chapter 7 and 13 cases, motions for (1) approval of settlements pursuant to Fed. R. Bank. P. 9019, and (2) relief from stay, where debtor is represented by counsel, will be considered on presentment.
f. Judge Jil Mazer-Marino
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.
14. SUBMISSION OF ORDERS
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.
15. 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.
16. 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.
17. BAR DATE ORDERS
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 Chief Judge Alan Trust 60 days' notice of the bar date is required.
For cases assigned to Judge Lord, 55 days’ notice of the bar date is required.
18. 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.
19. 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.
20. 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.
21. FIRST DAY MOTIONS
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.
22. LOSS MITIGATION
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.
23. 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.