Judge Michael E. Wiles

Staff Information

One Bowling Green
New York, NY 10004-1408
Chambers: (212) 668-5663
Courtroom: 617

Courtroom Deputy: Jacqueline DePierola
(212) 284-4042

Law Clerk: Lorraine Echevarria
(212) 284-4024

Law Clerk: Courtney Blinn
(212) 284-4053

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Chambers' Rules

Unless otherwise ordered, matters before Judge Wiles 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 Jacqueline DePierola, Courtroom Deputy by either calling her or sending an email to the Chambers email (wiles.chambers@nysb.uscourts.gov). Prior to contacting the Courtroom Deputy, please verify the first date on which your matter can be heard in compliance with noticing requirements, then tell the Courtroom Deputy that you are seeking a hearing on or after that date.

Requests for relief requiring a hearing that are filed without first obtaining a hearing date will not be acted on.

Parties may not grant extensions of time on briefing without prior consent from Chambers.

Adjournments will be granted if

agreed to by all parties and approved by Chambers or,

after consent is sought and denied, granted by the Court after a request to Chambers (wiles.chambers@nysb.uscourts.gov), copied to the other side, and stating the basis for the request.

Requests for adjournment should be made no later than 12 noon 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.

Any adjournment made prior to the original hearing date 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.

Remote and In-Person Proceedings

Access by parties, parties in interest and the public to proceedings before Judge Wiles will be in accordance with the revised policy, effective September 22, 2023, of the Judicial Conference of the United States concerning the public’s remote access to civil and bankruptcy proceedings and as set forth below. Information about the policy can be found here.

Applicability of these Procedures

The procedures described below are of general application and are not meant as limitations on other rules that may be applicable and that may limit access to proceedings or to portions of proceedings, including without limitation section 107 of the Bankruptcy Code, Rule 9018 of the Federal Rules of Bankruptcy Procedure and Rule 615 of the Federal Rules of Evidence.

Courtroom Access

The courtroom will be open to all parties, parties in interest and the public for access to all hearings and trials, including access in the courtroom to testimony and/or argument that is presented either remotely or in person.

Remote Access to Non-Evidentiary Hearings

Attorneys who represent parties in non-evidentiary hearings, conferences and other routine matters may participate in such matters by remote access through Court Solutions, unless the Court directs otherwise. Any creditor, other party in interest or member of the public may obtain remote access to such matters through Court Solutions. All persons using Court Solutions must register their appearances pursuant to the procedure described below.

Evidentiary Hearings in Contested Matters

Evidentiary hearings in contested matters pursuant to Rule 9014 of the Federal Rules of Bankruptcy Procedure will be held in-person in Judge Wiles’s courtroom unless the Court orders otherwise. Ordinarily the participants to such evidentiary hearings will be expected to be present in the courtroom. However, for cause shown, including under Fed. R. Civ. P. 43(a) where applicable, the Court may authorize that a particular contested matter, or a portion thereof, be made accessible via remote means for parties, their attorneys, witnesses, and interpreters.

Creditors and other parties in interest (as that term is used in the Bankruptcy Code and the Federal Rules of Bankruptcy Procedure) will be permitted to obtain remote audio access to evidentiary hearings in contested matters through Court Solutions. Members of the public (and the media) may have remote access to the portions of such proceedings that do not involve testimony. Pursuant to the Judicial Conference’s remote access policy, however, members of the public (including members of the media) may not have remote access to any portion of a hearing that involves actual testimony. Members of the public (including members of the media) should attend in-person in the courtroom if they wish to view live testimony.

Trials in Adversary Proceedings

Trials in adversary proceedings will be held in-person in Judge Wiles’s courtroom unless the Court orders otherwise. Ordinarily the participants in a trial will be expected to be present in the courtroom. However, for cause shown, including under Fed. R. Civ. P. 43(a) where applicable, the Court may authorize that a particular trial, or a portion thereof, be made accessible via remote means for parties, their attorneys, witnesses, and interpreters.

Pursuant to the Judicial Conference’s remote access policy, however, members of the public (and the media) may not have remote access to trials in adversary proceedings and must attend in-person in the courtroom.

First Day Hearings and Other Matters at which Testimony is Possible but Uncertain

First day hearings and other hearings at which testimony may be offered, but at which testimony is not certain, will be conducted in accordance with the procedures that are described above for evidentiary hearings in contested matters. Creditors and other parties in interest (as that term is used in the Bankruptcy Code and in the Federal Rules of Bankruptcy Procedure) will be permitted to have remote access to such proceedings through Court Solutions. However, members of the public (including members of the media) will be excluded from remote access to any portions of such hearings that involve live testimony.

Procedure to Register with Court Solutions

Parties and members of the public who wish to (i) participate “live” or (ii) listen to a hearing by audio feed may do so without requesting permission from Chambers. Anyone wishing to listen to a hearing or participate by telephone must register with Court Solutions at www.Court-Solutions.com. Information on how to register for, and use, the Court Solutions platform is available at https://help.court-solutions.com/hc/en-us.

For clarification, for a hybrid “Court-Solutions/in-person” hearing, parties appearing remotely by telephone must register directly with Court Solutions, but parties appearing in-person, must register with eCourt Appearances. In either case, the party should register on or before 12:00 noon the day prior to the scheduled hearing.

Orders to Show Cause

Parties must contact Chambers prior to filing a proposed order to show cause or motion to shorten time. (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, proposed order to show cause (in Word or WordPerfect format only) and a supporting affidavit.

Unless, there are special circumstances that preclude docketing of the underlying papers before the Court determines whether to enter the order to show cause, the papers must be filed on the Electronic Case Filing (ECF) system. The Court will contact the movant regarding the disposition of the requested order to show cause.

Injunctive relief will not, except in a demonstrated emergency, be granted without the party against whom relief is sought being given an opportunity to be heard.

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.

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. The Court will schedule a hearing in the event there is an objection filed or if it is determined to be necessary.

See the heading Submissions of Orders for the instruction on the timing of the submission.

Submission of Orders

Proposed orders should be submitted by email. If you can’t submit by email, contact Chambers for further instructions.

The email should contain the following information:

The name, telephone number and email address of the person submitting the order.

The case name and the ECF document numbers of the relevant motion papers.

If the relief was granted by the Court, a representation that the relief was granted and the date on which it was granted.

d. If exhibits are to be attached to the proposed order, they should be clearly labeled and submitted in PDF format (unless they are part of the Word document).

Proposed orders submitted by email should be sent to wiles.chambers@nysb.uscourts.gov in Word or WordPerfect format only.

Proposed orders should not be emailed to individual members of Chambers or the Clerk's Office, unless you are instructed to do so.

Timing of Submission

For matters scheduled for hearing:

Chambers does not need hard copies or email copies of briefs or motions filed on the docket for matters scheduled for hearing. Unless otherwise instructed, copies of the proposed orders should be emailed to Chambers in Word or WordPerfect format after the Court rules at the hearing. The proposed order should include any modifications required by the Court at the hearing. Unless they are part of the Word or WordPerfect document, the email must also attach any exhibits or attachments intended for docketing as part of the proposed order in PDF format, clearly labeled.

However, if there aren't any objections filed to the relief proposed in the motion by the objection deadline, and if you comply with the requirements of Local Bankruptcy Rule 9075-2 (or any applicable case management order), you may email a Word or WordPerfect copy of the proposed order after the filing of the Rule 9075-2 certificate. In the email include the docket numbers of both the underlying motion seeking relief and the certificate. Any exhibits that are to be attached to the order should be clearly labeled and included in the email in pdf format unless they already contained in the proposed Word or WordPerfect document.

Remember that filing of the Rule 9075-2 certificate does not automatically entitle you to have the order entered because the Judge may still have issues or questions about the filing. If the order is going to get signed prior to the hearing, someone from Chambers will contact you. One email about the filing of the Rule 9075-2 certificate is sufficient. Unless the order is entered on the docket or Chambers has contacted you to say that an appearance is not required, you should proceed with the understanding that the hearing is going forward.

For matters on presentment:

After the applicable objection period has passed, the underlying motion and an electronic version of the proposed order in Word or WordPerfect format should be submitted to Chambers at wiles.chambers@nysb.uscourts.gov on the day on which the motion is scheduled for presentment. The cover email must contain a representation that (i) the movant sought relief by notice of presentment and (ii) the objection period has passed and no objections were filed. The proposed order itself should also state, if accurate, that no objections have been filed. Any exhibits that are to be attached to the order should be clearly labeled and included in the email in pdf format unless they already contained in the proposed Word or WordPerfect document.

See the heading Notices of Presentment for further instruction on when to file by presentment.

Chambers will contact you if the Court has any further questions or requires a hearing on the matter.

For matters that neither require a hearing nor a notice of presentment:

If a motion does not require a hearing or presentment, then proposed orders should be emailed to Chambers at wiles.chambers@nysb.uscourts.gov in Word or WordPerfect format at the time the moving papers are filed. Also email a pdf copy of the underlying motion. If the proposed order is intended to include any exhibits, please include clearly labeled pdf copies of the exhibits unless they are included as part of the proposed Word or WordPerfect order.

Chambers will contact you if the Court has any further questions or requires a hearing on the matter.

2004 Orders

Requests for 2004 orders may be submitted ex parte but the Court in its discretion may require notice and a hearing.

Ordinarily, an order should be without prejudice to objections as set forth in the sample form of order attached.

Bar Date Orders

You may email a proposed Bar Date Order in Word or WordPerfect format to Chambers if it conforms to the template form of order on the Court’s website. Any proposed modifications to the template should be redlined, except for filling in blanks or deleting inapplicable sections (e.g., those items that may not apply because they are intended for cases with multiple debtors when there is only one debtor in the case).

A proposed form of notice that similarly conforms to the template on the Court’s website should also be emailed to Chambers.

If you are submitting a Bar Date Order for a mega case or any case for which the template is not suitable, then you should follow the usual procedures for submitting orders with applications.

Sealing Orders

Requests for filing and maintaining information under seal may be submitted ex parte and must indicate the grounds for sealing and for proceeding ex parte.

A party requesting permission to file information under seal must submit to Chambers an unredacted copy of the relevant document, which should be clearly labeled “confidential.” [Please contact Chambers for the appropriate way to deliver this document to Chambers]

the document must be in unredacted form, highlighting the portions proposed to be redacted.

redactions should be the minimum necessary to protect information that is truly confidential.

if redactions are excessive, the motion will be denied in its entirety.

After the sealing order has been entered, the requesting party must provide to the Office of the Clerk of Court:

the signed sealing order with the docket entry number of the order;

one paper copy of the unredacted document to be sealed;

thumb drive storage device which contains a "pdf" version of the unredacted document

The redacted version should be filed on the docket.

The proposed sealing order must contain the following provision, unless otherwise ordered:

The unredacted version shall not be made available to any party without the sealing party’s consent, may not be filed on the public docket, and shall remain under seal until the closing of the case, entry of the final decree, or other order of the Court. Upon closure, the Clerk’s Office is authorized and shall permanently dispose of any hard copies and electronic storage devices containing documents that have been filed under seal.

Every sealing order must state that the movant shall submit an unredacted copy of the [Document] to the Clerk of this Court under seal in an envelope, clearly indicating that the same has been filed under seal by order of the United States Bankruptcy Court for the Southern District of New York.

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.

Conferences

Requests for conferences should ordinarily be made by letter emailed to wiles.chambers@nysb.uscourts.gov. The letter requesting the conference should ordinarily 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, Chambers will advise if the parties should (i) submit a conference call-in number and passcode to Chambers; (ii) set up a conference call and at the time of the conference call Chambers after all other participating parties are on the line; or (iii) participate in the conference via Court Solutions.

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.

Unless ordered otherwise, moving and responsive briefs shall ordinarily be no more than 40 pages in length, and reply briefs no more than 15 pages, in each case exclusive of the table of contents and table of authorities.

For matters scheduled for a hearing, unless Chambers instructs otherwise, no courtesy copies to Chambers are required of briefs or motions.

Retention Applications

Retention Applications -- Parties must email Chambers a copy of retention applications, which highlights any of the following provisions (and also highlights or provides clear reference to exactly where the provisions are in the engagement letter):

limitations on liability
indemnification provisions
limitations on amounts or kinds of damages
reimbursement of attorneys’ fees
arbitration
jurisdiction

If a hard copy is provided instead and the materials are otherwise voluminous, the highlighted pages should be flagged.

It is expected that Debtor's counsel will have consulted with the United States Trustee in advance regarding the retention application, and should indicate either in the email or in the order the position of the UST concerning the retention order, i.e., whether the staff attorney has signed off on it or if the attorney does not oppose entry of the order.

"First Day" Motions

Parties wishing to schedule hearings on "first day" motions in Chapter 11 cases should contact Chambers on the date of filing to discuss scheduling of the hearing. The “first day” motions should be filed on the ECF system. The best notice practical must ordinarily be provided to the Debtor's 20 largest unsecured creditors and principal secured creditors. The Court will not ordinarily schedule a hearing on "First Day" motions until the second day of the case, at the earliest.

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.

If multiple debtors seek an order allowing joint administration of their cases, counsel should email chambers at wiles.chambers@nysb.uscourts.gov as soon as practicable after the cases are filed a Word or a WordPerfect version of the proposed order and, in the cover email, indicate whether or not the United States Trustee has consented to the proposed joint administration. Do not include forms of relief other than the joint administration of the cases in the proposed order.

Subchapter V

When you file your Subchapter V plan, please email a proposed scheduling order to Chambers that complies with Rule 3017.2 of the Federal Rules of Bankruptcy Procedure.

Evidentiary Hearings and Trials in Adversary Proceedings

Parties in adversary proceedings should be prepared at the first pretrial conference to agree to a joint pretrial scheduling order. A form pretrial scheduling order may be found here.

Unless otherwise directed by the Court, the parties shall exchange pre-marked exhibits no less than fourteen days before trial.

Unless otherwise directed by the Court, parties are required to submit to the Court a joint pretrial order at least seven days before the trial date. The required form of the joint pretrial order can be found here.

Motions in limine ordinarily must be filed at least fourteen days before trial, with responses due seven days before trial.

Unless otherwise directed by the Court, parties are required to submit to the Court their exhibits to be used at trial at least seven days before trial, along with a table of contents clearly identifying each exhibit.

Discovery Disputes

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, which may be telephonic.

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).

Miscellaneous

Questions on all other issues should be directed to Chambers, either to the Courtroom Deputy or the law clerk assigned to the case. However, counsel are urged to limit all communications with chambers to matters that cannot be resolved without such direct communication.

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Judge Wiles' Opinions

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Profile

Michael E. Wiles was sworn in as a United States Bankruptcy Judge for the Southern District of New York on March 3, 2015. Judge Wiles received his A.B. degree from Georgetown University in 1975 and his J.D. from Yale Law School in 1978. He joined Debevoise & Plimpton LLP as an associate in September 1978 and became a partner in July 1987. His work at Debevoise focused on general commercial litigation and bankruptcy.

Judge Wiles was a co-author of the Collier Business Workout Guide (Mathew Bender 2007). He has appeared on panels organized by the Association of the Bar of the City of New York, the American College of Investment Council and others to discuss current issues in bankruptcy litigation, and he is a former member of the Committee on Bankruptcy and Reorganization of the Association of the Bar of the City of New York. In addition to the Collier Business Workout Guide his publications and written CLE materials include "May Parties Consent to Bankruptcy Court Adjudication of 'Stern Claims'" (September 2014) (presented at a continuing legal education session at the Association of the Bar of the City of New York); "Ponzi Schemes and Avoidance Actions: 3 Issues," Law360 (March 7, 2011); "The Good Faith Defense to Fraudulent Transfer Claims" (December 2010) (presented at a continuing legal education session at the Association of the Bar of the City of New York); and "At the Crossroads: The Intersection of the Federal Securities Laws and the Bankruptcy Code," The Business Lawyer (November 2007).

United States Bankruptcy Court

Southern District of New York

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

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Judge Michael E. Wiles

Staff Information

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