Judge Cecelia G. Morris

Staff Information

Divisional Manager: Frances Fredericks
(845) 451-6372

Law Clerk: Renée Kuperman
(845) 451-6373

Courtroom Deputy: Tracey Mercado
(212) 284-4077

Poughkeepsie Chambers:
355 Main Street
Poughkeepsie, NY 12601-3315
Chambers: (845) 452-4200

Manhattan Chambers:
One Bowling Green
New York, NY 10004-1408
Chambers: 627
Courtroom: 621

Judge Morris is holding all hearings via Zoom®. Participants are required to register their appearance by 4:00 PM two business day before the scheduled hearing with our new eCourt Appearances tool.

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Court Information

Chambers' Rules

Unless otherwise ordered, matters before Judge Morris shall be conducted in accordance with any Case Management Order entered in the case and, to the extent not inconsistent, the following practices:

Scheduling

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 Frances Fredericks, Courtroom Deputy.
Requests for relief requiring a hearing that are filed without first obtaining a hearing date will not be scheduled for hearing on the Court’s calendar.
Parties may not grant extensions of time on briefing without 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, copied to the other side, and stating the basis for the request. The moving party must contact the Courtroom Deputy to obtain the adjournment.
Requests for adjournments should be made no later than 3 p.m. two business days 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” prior to the original hearing date. A hearing will not be officially adjourned until the Notice of Adjournment is filed on the Electronic Case Filing (ECF) System.

Orders to Show Cause

Parties must follow Local Rule 9077-1(a)). The movant should file on the docket the following documents for the Court's review: a copy of the underlying motion, proposed order to show cause and a supporting affidavit. The movant should upload the proposed order via e-orders. (See http://www.nysb.uscourts.gov/sites/default/files/PoughGuidelines.pdf)
The movant shall serve the order and related papers in accordance with the directions set in the order when and if the order is entered, and file a certificate of service on ECF.

Notices of Presentment

Parties wishing to move by notice of presentment should consult Local Bankruptcy Rule 9074-1 to determine what matters may be handled on presentment. The rule also describes the notice and filing requirements when presenting a motion or application by presentment. If you have a question regarding whether a matter may be heard on presentment, please contact Chambers.
Motions for relief from stay will not be considered on presentment. All motions for relief from stay in all chapters must have a hearing date and require an appearance even if unopposed.
Parties do not need to contact Chambers to schedule a date and time for presentment. The Court will schedule a hearing in the event there is an objection filed.
After the applicable objection period has passed, unless the Court indicates otherwise, a proposed order shall be submitted to Chambers via eOrders prior to the scheduled date and time for presentment. Please contact the Clerk's Office if you need assistance with eOrders.

Submission of Orders

Proposed Orders shall be submitted through eOrders, unless the Court indicates otherwise. Please contact the Clerk's Office if you need assistance with eOrders.
Proposed orders shall not be uploaded to eorders until (a) after the objection deadline, if on presentment, or (b) after the Court has granted the relief.
Only if the Court so directs, proposed orders shall be submitted by email to Poughkeepsie.orders@nysb.uscourts.gov in Word or WordPerfect format only and contain: the name, telephone number and email address of the person submitting the order; the case name and the ECF docket numbers of the relevant motion papers; and the email must contain a representation that the relief was granted and the date on which it was granted.
Proposed orders should not be emailed to individual members of Chambers or the Clerk’s Office, unless you are instructed to do so.

2004 Orders

Requests for 2004 orders may be submitted ex parte but the Court, in its discretion, may require notice and a hearing. The party requesting the Rule 2004 order shall file the application on ECF and submit the proposed order, and the Court will notify the party if notice and/or a hearing is required. Applications for Rule 2004 orders may also be filed on presentment pursuant to LBR 9074-1. The Court, in its discretion, may require a hearing.

Sealing Orders

A motion to file a pleading, a document, information or paper under seal shall be filed on ECF, with necessary redactions. The motion may be filed without serving the opposing party; the Court may require service of the motion to file under seal, and a hearing to consider the motion to file under seal. Unredacted copies of the motion to seal and the item to be filed under seal shall be provided to the Court at the time the motion to file under seal is filed.
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.

Forms of Orders

Judge Morris has posted acceptable forms of commonly granted orders on the Chambers’ webpage. Parties should use those forms when directed to do so.

E-Orders

E-Orders is an application that lets authorized court users, attorneys and trustees upload a proposed order for court consideration using the CM/ECF system without any docketing to CM/ECF occurring. If you wish to commence submitting orders using the ECF e-order program please contact the Clerk’s Office in Poughkeepsie to have this program set up with your firm.

Order Preparation –
- Proposed order must be created using a word processing application, and saved in PDF format; NOT scanned or imaged.
- A minimum of four inch margin must be left at the bottom of the last page of the proposed order for the date and the Judge’s signature.
- Do not include a date or line for the date or the Judge’s signature.
- Any exhibits or attachment to the proposed order should be prepared in a separate PDF and submitted with the proposed order by selection "Attachments to Document".
Orders are uploaded into E-Orders through the CM/ECF “Order Upload” option which can be found under Bankruptcy Events or Adversary Events.

Attorneys and Trustees can track the status of the proposed order by using “Proposed Order Query” which can be found under Reports.

Conferences

Requests for conferences should ordinarily be made by letter emailed to Poughkeepsie.orders@nysb.uscourts.gov, together with a follow-up call to the Courtroom Deputy. The letter requesting the conference should be filed on the Electronic Case Filing (ECF) System. The letter should include the reason for the conference request and must be no longer than two pages in length.
If a telephonic conference is granted, parties should submit a conference call-in number and passcode to Chambers.

Form and Content of Briefs

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.
Except as permitted by the Court, moving and responsive briefs shall be no more than 40 pages in length. Reply briefs shall be no more than 20 pages exclusive of the table of contents and table of authorities.

"First Day" Motions

Parties wishing to schedule first day hearings in Chapter 11 cases should contact Chambers 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, after the case is commenced.
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.

Evidentiary Hearings and Trials

Parties in adversary proceedings should be prepared at the first pretrial conference to submit a joint pretrial scheduling order. A form of pretrial scheduling order can be found on the Court’s website.
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 provided 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. A form of joint pretrial order can be found on the Court’s website.
Motions in limine must be filed at least fourteen days before trial, with responses due seven days before trial.

Discovery Disputes

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 and file an affidavit certifying that counsel have conferred.
Pursuant to Local Rule 7007-1, discovery motions may not be filed until the parties have (a) conferred among themselves as set forth above and (b) participated in a conference or conference call with the Court. Parties should contact Chambers to schedule a conference.

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 ONLY. Lengthy argument is NOT allowed. 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.
Beginning February 26, 2018, parties who wish to "listen only" to a hearing telephonically may do so without requesting permission from Chambers by registering with CourtSolutions at www.Court-Solutions.com.
Parties who wish to participate in a hearing telephonically on a "live" line must first obtain consent from all necessary parties then submit a dial-in request with CourtSolutions at www.Court-Solutions.com. If the Court approves such request, the party will receive an email from CourtSolutions with approval and dial-in information. Parties do not need to contact Chambers directly. The party MUST set up the telephonic appearance at least 24 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.

Motions for Relief from Stay and Accompanying Orders

Motions for relief from stay will not be considered on presentment. All motions for relief from stay in all chapters must have a hearing date and require an appearance even if unopposed, unless the motion has been resolved prior to the hearing date by submission of a conditional order and/or stipulation signed by counsel to both parties. There must be a hearing before a conditional order and/or stipulation will be entered where the Debtor is pro se.
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.
Proposed Orders should comply with the following:
- All proposed orders lifting the stay on a piece of real property; MUST contain the following language or something that gives similar effect: “ORDERED, that unless specifically provided in loan documents signed by the debtor, the Movant may not collect fees, expenses or other charges associated with a current or subsequent mortgage servicer.” This language must be included whether or not the movant is a servicer.
- All proposed orders must state that the trustee will be notified of any surplus proceeds realized after a sale.
- Proposed orders should not contain a grant of attorneys’ fees and expenses, unless they are only to be collected out of proceeds of the sale and they were granted orally upon record of the hearing or were agreed to by the Debtor in a conditional order or stipulation.
- Proposed orders should not contain a waiver of the 14 day stay, provided by Federal Rule of Bankruptcy Procedure 4001(a)(3), unless specifically requested and granted orally upon the record of the hearing, or unless agreed to by the Debtor in a conditional order or stipulation.
- Proposed orders should not contain a waiver of the requirements set forth in Federal Rule of Bankruptcy Procedure 3002.1, unless specifically briefed, requested, and granted orally upon the record of the hearing or unless agreed to by the Debtor in a conditional order or stipulation.
- Conditional orders and/or stipulations resolving a motion for relief from stay will not be approved by the Court unless they provide for the filing of an affidavit of non-compliance on CM/ECF and service of that affidavit on at least seven (7) days’ notice to the Debtor and Debtor’s attorney, if any.
- Conditional orders and/or stipulations resolving a motion for relief from stay will not be approved if they provide that the stay will be lifted in any way other than by a separate, signed order of this Court. The Conditional order and/or stipulation must reserve the Court’s discretion to grant or deny the subsequent order lifting the stay.
- Conditional orders and/or stipulations resolving a motion for relief from stay shall not condition the lifting of the automatic stay on the Debtor making post-petition payments beyond those necessary to cure arrears. A separate motion must be filed before the Court will consider lifting the stay based upon missed payments that were not specifically outlined in the conditional order and/or stipulation.

Miscellaneous

Questions on all other issues should be directed to Chambers, either to the Courtroom Deputy or the law clerk assigned to the case.
Judge Morris does not entertain ex parte requests or communications by fax or email.

Forms

Forms and Orders

Hearing Dates

Available Hearing Dates for White Plains Chapter 13 cases

Madoff/BLMIS Omnibus Hearing Dates

Calendars

Court Calendar

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.

Procedures
Debtor Request (MS Word | PDF)
Creditor Request (MS Word | PDF)
Loss Mitigation Order (MS Word | PDF)
Debtor Loss Mitigation Affidavit (MS Word | PDF)
Creditor Loss Mitigation Affidavit (MS Word | PDF)
Order Approving Loan Modification (MS Word | PDF)
Order Approving Trial Loan Modification (MS Word | PDF)
Creditor's Request for Termination of Loss Mitigation (MS Word | PDF)
Loss Mitigation Order of Termination and Final Report (MS Word | PDF)
Loan Modification Bank Contact Information

Available Hearing Dates for Poughkeepsie cases

Available Hearing Dates for Manhattan cases

Available Hearing Dates for White Plains Chapter 13 cases

Opinions

Judge Morris' Opinions

Zoom Hearings

Our Zoom Video Hearing Guide is a complete reference for information about how to connect to Zoom®

eCourt Appearances

Participants are required to register their appearance with our new eCourt Appearances tool by 4:00 PM two business days before the scheduled hearing.

Profile

Cecelia G. Morris was appointed Bankruptcy Judge for the Southern District of New York in July 2000, and appointed Chief Judge in March 2012. Prior to her appointment, she served as Clerk of Court for the Bankruptcy Court in the Southern District of New York from December 1988. Judge Morris also served as Clerk of Court for the Bankruptcy Court in the Middle District of Georgia from February 1986 until moving to New York.

Before her career with the court, Judge Morris had a private law practice in Macon, Georgia from May 1981 until February 1986. She served as an Assistant District Attorney, as the Administrator of the Civil Division Child Support Recover Unit, Griffin Judicial Circuit in Griffin, Georgia from September 1979 until May 1981.

Judge Morris also had a private law practice in Griffin Georgia from October 1977 until January 1978 and served as a law clerk at Seay Sims & Park (now Bolton & Park) in Griffin, Georgia in 1976.

Judge Morris has participated as a trainer in many Mediation/Arbitration programs sponsored by the Federal Judicial Center; the Association of the Bar of the City of New York; the National Association of Security Dealer Regulation and Bankruptcy Court; Endispute Inc. and the Center for Public Resources, Inc. She has successfully mediated many disputes in some of the most prominent cases pending before the Bankruptcy Court for the Southern District of New York.

Judge Morris is an active participant in many bar outreach programs and has been honored to be the keynote speaker at several events; including the Federal Judicial Center's Clerk of Court and Chief Deputies Conference and Weil Gotshal and Manges' "Women@Weil."

Judge Morris received a B.S. from West Texas State University in 1968 and a J.D. from John Marshall Law School in 1977.

United States Bankruptcy Court

Southern District of New York

Honorable Martin Glenn, Chief Judge • Vito Genna, Clerk of Court

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Judge Cecelia G. Morris

Staff Information

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