Reminders
The Southern District of New York has abolished all Chamber Rules. The following are reminders to practitioners:
Hearing dates
- Motions for relief from the automatic stay are heard on Tuesdays at 9:30 a.m. No motions for relief from the automatic stay are to be scheduled more than 30
days after motion is placed on the calendar.
- 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.
- Fee applications for Chapter 7 and Chapter 11 cases and § 9019 motions are heard on Tuesdays at 10 a.m. Please contact chambers to obtain a hearing date.
- Pre-trial dates are assigned by chambers 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, bring the application to chambers. The application must be filed
on the electronic docket once signed.
Adjournments
- For a recorded updated calendar relating to adjournments and/or withdrawals, call the chambers "hotline" at (845) 452-4200, Ext. 5. The hotline is NOT for
adjournment requests - those should still be directed to chambers.
- 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.
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)
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.
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