Reminders

The Southern District of New York has abolished all Chamber Rules. The following are reminders to practitioners:

Hearing dates

• Any matter that should appear on the Court calendar and heard by the Honorable Cecelia Morris MUST be docketed with a hearing date and time. It is the attorney's responsibility to docket the entry correctly to ensure that the matter appears on the Court calendar. Please review the Honorable Cecelia Morris' available hearing dates.
  
  
• Motions For Relief From the Automatic Stay with respect to real property are heard on Tuesdays at 11:00 a.m. Motions for Relief From Stay with respect to anything other than real property are heard on Tuesdays at 10:50 a.m. No Motions For Relief From the Automatic Stay are to be scheduled more than 30 days after the motion is placed on the calendar. If a Motion For Relief From Stay must be scheduled more than 30 days after the motion is place on the calendar due to the Court's schedule, a letter waiving the provisions of 11 USC § 362 (e) must be filed.
  
  
• Motions For Relief From Stay MUST contain the following:
  • Notice of Motion
  • Motion
  • Memorandum of Law
  • Client/Bank Affidavit (Not needed when the Relief From Stay Worksheet is required)
  • The Southern District of New York Relief from Stay Worksheet for Real Estate and Cooperative Apartments only. The Relief from Stay Worksheet MUST BE filled out completely and CANNOT be altered. If a question is "Not Applicable", it must be marked "N/A." No field should be left blank.
  • Rule 55 Affidavit for individual debtors
  • Affidavit of Service
    
    
• Motions For Relief From Stay will not be considered on presentment in Poughkeepsie. All Motions For Relief From Stay in ALL CHAPTERS must have a hearing date and require an appearance even if unopposed.
  
  
• Fee applications for Chapter 7 and Chapter 11 cases and § 9019 motions are heard on Tuesdays at 9:15 a.m.
  
  
• Pre-trial dates are assigned by the Clerk's Office and will appear on the Summons when issued by the Court.
  
  
• Please contact chambers PRIOR to filing an order to show cause. If permission is received, email the application to chambers after filing the application on the Electronic Case Filing (ECF) System. The affidavit of service must be filed on the electronic docket once served.
  
  

Adjournments

• For an updated calendar relating to adjournments, settlements, withdrawals, etc., please check the Honorable Cecelia Morris' calendar.
  
  
• All adjournments must be consented to by all parties and are to be telephoned in by the moving party ONLY. Telephonic requests seeking adjournments of matters scheduled for Tuesday's calendar, to the extent that adjournments are appropriate, shall be considered if received on or before the preceding Friday at 3:30 p.m. A confirming letter to chambers must be followed by email and/or in the alternative by fax, and placed on the electronic docket. All other adjournments must be requested on the record.
  
  
• Chambers shall be advised of adjournments, settlements, and/or withdrawals of pleadings no later than 3:30 p.m. Friday preceding the calendar.
  
  

Service

• All motions must be filed and served in accordance with Federal Rules of Bankruptcy Procedure and the Local Rules of the Southern District of New York. It is the responsibility of the e:filer to ensure proper notice.
  
  
• Please follow Local Bankruptcy Rule 9006-1, Time for Service and Filing of Motions and Answering Papers. For purposes of clarification, matters scheduled to be heard on the Court's regular Tuesday calendar require counsel to file opposing papers, if any, including memoranda of law, on or before the Friday preceding the hearing.
  
  

Notice of Presentment

• This court strongly encourages use of Notice of Presentment per Local Bankruptcy Rules 9074-1 and 2002-2. These rules describe how to present an order, application, motion, objection, or proposed action to the court, including:
  • Application to confirm a sale pursuant to Local Bankruptcy Rule 6004-1
  • Motion to extend the time to assume or reject a lease pursuant to § 365(d)(4) of the Bankruptcy Code
  • Motion for entry of a default judgment in an adversary proceeding pursuant to Bankruptcy Rule 7055 and Local Bankruptcy Rule 7055-2
  • Motion to extend the time to object to discharge or dischargeability pursuant to Bankruptcy Rule 4004 or 4007
  • Application to avoid a judicial lien that impairs an exemption pursuant to § 522(f) of the Bankruptcy Code
  • Application for an examination pursuant to Bankruptcy Rule 2004 to the extent that the application is not granted ex parte
  • Objection to a claim of exemption pursuant to Bankruptcy Rule 4003(b)
    
    

Loss Mitigation

Parties are encouraged to request Loss Mitigation as early in the case as possible, but Loss Mitigation may be initiated at any time. A separate Loss Mitigation order MUST be submitted for each party listed in the Loss Mitigation Request.

Loss Mitigation Procedures and Forms:
Procedures
Commencement Instructions
Order (MS Word)
Debtor Request (MS Word)
Creditor Request (MS Word)
Debtor's Notice of Loss Mitigation (MS Word)

Telephonic Appearances

Telephonic appearances at court hearings are permitted in certain circumstances. Parties may appear telephonically to listen to the proceedings or to make limited argument. Lengthy argument is NOT allowed. The party wishing to appear telephonically must obtain consent to appear via telephone from all necessary parties prior to contacting Chambers for approval at least 24 hours before the hearing. Once approval is granted, the party MUST set up the telephonic appearance at least TWO HOURS BEFORE the hearing is scheduled.

Each time the party speaks, he or she must identify himself or herself for the record. If an individual schedules a telephonic appearance and then fails to respond to the calendar call, the court may pass the matter or may treat the failure to respond as a failure to appear. Individuals who appear telephonically are cautioned that they do so at their own risk.

Under no circumstances may any participant record or broadcast the proceedings conducted in the U.S. Bankruptcy Court for the Southern District of New York.

Security

• Please allow extra time for security screenings. Note that cellular phones, cameras and recording devices are not allowed in the courthouse, per Southern District of New York Local Civil Rule 1.8.
• Attorneys, with a photo ID, may bring their personal electronic devices in the courthouse (Manhattan and Poughkeepsie only), and use of these electronic devices will be limited to designated areas in the courthouse, effective April 1, 2010 per Southern District of New York General Order M-396.

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