United States Bankruptcy Court
One Bowling Green
New York, NY 10004-1408
Chambers: (212) 668-5632
Courtroom Deputy: Lynda Calderon
Law Clerk: Stacy Lutkus
Law Clerk: Mike Paek
Unless otherwise ordered, matters before Judge Peck shall be conducted in accordance with any Case Management Order entered in the case and, to the extent not inconsistent, the following practices:
Pursuant to Local Rule 5070-1, a moving party or applicant must contact Chambers to obtain a hearing date prior to filing and serving a motion, cross-motion, application or any other request for relief requiring a hearing. All scheduling requests should be directed to Lynda Calderon, Courtroom Deputy.
Parties may grant extensions of time on briefing without prior consent from Chambers; provided, however, that if such extension of time will result in any pleading being due within 48 hours of the applicable hearing date, parties shall first obtain prior consent from Chambers.
Adjournments, other than those requested at the hearing, will be granted only if agreed to by all parties, or, after consent is sought and denied, as granted by the Court after a request to Chambers. The moving party must contact the Courtroom Deputy to obtain the adjournment.
Requests for adjournment should be made no later than 4:00 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.
All adjournments must be noticed with the filing and service of a “Notice of Adjournment.”
Parties must contact Chambers prior to filing an order to show cause. (See Local Rule 9077-1(a)). Counsel should be prepared to submit the following documents for the Court’s review: a copy of the underlying motion that the party seeks to have heard on an expedited basis, a proposed order to show cause (in Word or WordPerfect format only) and a supporting affidavit.
If the request for an order to show cause is granted, the underlying motion and supporting affidavit must be filed on the Electronic Case Filing system. The Court will contact the movant regarding the disposition of the requested order to show cause.
Parties wishing to move by notice of presentment should consult Local Bankruptcy Rules 9074-1 and 2002-2 to determine what matters may be handled on presentment. These rules also describe the notice and filing requirements when presenting a motion or application by presentment.
Motions for relief from stay will not be considered on presentment.
Parties do not need to contact Chambers to schedule a date and time for presentment but do need to contact the Courtroom Deputy for a hearing date in the event there is an objection.
The underlying motion and an electronic version of the proposed order in Word or WordPerfect format should be submitted to Chambers prior to the scheduled date and time for presentment.
Proposed orders must be submitted with the moving papers in Word or WordPerfect format.
Proposed orders may be submitted either by mail or hand delivery; Chambers accepts orders via e-mail on an emergency basis only, and/or upon permission from Chambers.
Orders submitted by mail or hand delivery should contain a hard copy of the order, accompanied by a CD Rom or flash drive containing an electronic copy of the order in Word or WordPerfect format.
Any proposed orders submitted after the court has ruled are subject to the procedures set forth above.
Requests for 2004 orders may be submitted ex parte, but the Court, in its discretion, may require notice and a hearing.
Parties who wish to file sealed documents should consult General Order M-399.
Requests for filing and maintaining information under seal may be submitted ex parte and must indicate the grounds for sealing. A party requesting sealing should, after contacting Chambers, provide a copy of the motion to seal, redacted and unredacted copies of the document(s) to be sealed, and a proposed order. Chambers will inform the requesting party whether the motion to seal will be granted. If the motion to seal is granted, the party should file the motion to seal on the appropriate docket. After the sealing order has been entered, the requesting party must provide to the Office of the Clerk of Court the signed sealing order, together with one hard copy and one soft copy (on CD or flash drive) of the unredacted document(s) to be sealed, which document(s) will be placed in the Court’s vault.
Every proposed order requesting sealing must provide for the movant to unseal or dispose of the confidential information at the conclusion of the matter. Every proposed sealing order must provide, in substance, that it is without prejudice to the rights of any party in interest, or the UST, to seek to unseal the document or any part of it.
Requests for conferences should ordinarily be made by letter, sent either by mail or hand delivery. The letter should include the reason for the conference request and must be no longer than two pages in length. Chambers will contact the requesting party upon receipt of the letter.
If the requesting party wishes the conference to take place immediately, the party may contact Chambers telephonically.
If a telephonic conference is granted, parties should submit a conference call-in number and passcode to Chambers.
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.
Parties wishing to schedule first day hearings in chapter 11 cases should contact the Courtroom Deputy on the date of filing to discuss scheduling of the hearing. Two copies of first day motions should be provided to Chambers in advance of the hearing.
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.
Parties in adversary proceedings should be prepared at the first pretrial conference to submit a joint pretrial scheduling order.
Written direct examinations or proffers may be used for evidentiary hearings and trials at the direction of the Court, or at the request of the parties unless the Court orders otherwise.
Unless otherwise ordered by the Court, the parties shall exchange pre-marked exhibits no less than fourteen days before trial.
Parties are required to submit to the Court a joint pretrial order at least seven days before the trial date unless the Court orders otherwise.
Unless the Court orders otherwise, motions in limine must be filed at least fourteen days before trial, with responses due seven days before trial.
Pursuant to Local Rule 7007-1(b), discovery motions may not be filed until the parties have (a) conferred among themselves to resolve the dispute and (b) participated in a conference with the Court. Parties should contact Chambers to schedule a conference.
Prior to 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(a).
Only parties located more than a one-hour commute from One Bowling Green will be granted permission to participate in or listen in on any hearing via telephone. Parties should contact Chambers to receive permission prior to registering with CourtCall.
Parties who have received permission from Chambers to participate in or listen in on a hearing telephonically must register with CourtCall. Attorneys seeking to participate must be admitted to the Court or admitted pro hac vice. (See Local Rule 2090-1).
Information on how to register with CourtCall can be found here
“Live” telephonic appearances are normally discouraged where counsel intends to make substantive argument.
Counsel and pro se parties are not permitted to participate telephonically for any hearings of an evidentiary nature, including the examination of witnesses or the submission of evidence.
Questions on all other issues should be directed to Chambers, either to the Courtroom Deputy or the law clerks.
Judge Peck's Opinions
James M. Peck was sworn in as a Bankruptcy Judge of the United States Bankruptcy Court for the Southern District of New York in January 2006. In 1990 Judge Peck joined the firm of Schulte Roth & Zabel LLP. At the time of his appointment to the bench, he was a partner at that firm.
During his tenure at Schulte Roth & Zabel he had a varied restructuring and litigation practice representing debtor entities, secured creditors, creditors' committees, acquirers of assets, equity interests and directors of both public and private companies. Judge Peck was co-chair of the Business Reorganization Department of the firm for a number of years. He also served as a member of the firm's Opinion Committee and in that capacity was involved in the structuring of complex business transactions. Judge Peck has written and lectured extensively on business bankruptcy topics.
From 1975 until 1990, Judge Peck was an associate and partner in the Reorganization and Finance Department of Duane Morris LLP in Philadelphia.
Judge Peck is a native New Yorker. He graduated from Dartmouth College in 1967 and received his law degree from New York University School of Law in 1971.
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