Tina Folwell, Courtroom Deputy Phone: 585.613.4214
Jane Marie Brown, Term Law Clerk Phone: 585.613.4251
Mary Sirianni, Term Law ClerkPhone: 585.613.4253
Paul R. Warren is a United States Bankruptcy Judge for the Western District of New York. Judge Warren was appointed to the bench on March 15, 2012.
Judge Warren earned his B.A. degree (magna cum laude) from St. John Fisher College in 1979 and his J.D. degree (magna cum laude) from the University of Dayton Law School in 1982.
Judge Warren began his legal career in 1982 as an associate with the law firm of Jackson, Kelly, Holt and O'Farrell in Charleston, West Virginia. Upon returning to Rochester in 1984, he joined Boylan, Brown, Code, Vigdor & Wilson, where he practiced bankruptcy and commercial law with the firm’s Commercial Law Group from 1984 through 1999, where he was an equity partner. During that time he served as a Chapter 7 Trustee, a Chapter 11 Examiner, and an SEC Receiver for the United States District Court. He was appointed Clerk of the United States Bankruptcy Court for the Western District of New York on January 3, 2000 and served in that position until taking the bench.
Judge Warren has been active in service to the judiciary, having been appointed to a number of committees by the Director of the Administrative Office of the United States Courts, including: representing the Second Circuit on the Bankruptcy Clerks Advisory Group; the Work Measurement Subcommittee; the Bankruptcy Noticing Working Group (Chair); the Technical Advisory Committee for the re-competition of the Bankruptcy Noticing Center contract; the Bankruptcy Reform Legislation Working Group; the Bankruptcy Clerks Manual Editorial Board; and the Bankruptcy Educational Advisory Group of the Federal Judicial Center. He has served on the boards of not-for-profit organizations in and around Rochester and is an active volunteer at McQuaid Jesuit.
Default Procedures (Roc. Div.)
Scheduling a Hearing Date/Time
Chambers copies of all motion papers must be submitted to the court within two (2) days following the filing of the motion in CM/ECF. This includes discretionary responses to motions. If the relief requested is granted, an original proposed order should be promptly submitted by the prevailing party.
• The Court will enter an Order requiring the debtor-in-possession to provide all noticing in cases with more than 100 creditors.
•Upon the filing of the Disclosure Statement and/or Plan, the Court will enter an Order scheduling the hearing.
• An individual Chapter 11 debtor-in-possession, or principal or partner of a corporate or partnership debtor-in-possession must appear before the Court on the return date for the hearings on disclosure statements (if there have been any objections filed which have not been resolved before the scheduled hearing), confirmation hearings and all motions to convert or dismiss, if the motion is opposed. This requirement applies equally to any and all subsequent adjournments of these matters if granted by the Court.
• The Bankruptcy Court for the Western District of New York is a mandatory e-filing court. All filings must be done in CM/ECF, unless a waiver has been granted. If you have received a waiver, please consult the Local Rules or contact the Bankruptcy Clerk’s office for information on filing in paper.
• Petition Page and Signature Page with /s/ slash or original signature of attorney and debtor(s). These pages must be filled in completely with all appropriate boxes checked.
• Schedules A-J.
• Summary of Schedules and Statistical Summary of Certain Liabilities and Related Data (Form 6).
• List of Equity Security Holders.
• Exhibit "A" (if applicable).
• List of 20 Largest Unsecured Creditors.
• Rule 2016(b) (Attorney's Disclosure Statement) with /s/ slash or original signature of attorney.
• Statement of Intention: Regarding Secured Consumer Debts (only if debtor is an individual).
•Corporate Resolution (if applicable).
• Creditor must be uploaded as a .txt file at the time of filing the petition.
An Adversary Proceeding (AP) is a civil action in the bankruptcy case, and is commenced by the filing of a Complaint. PLEASE NOTE: The Bankruptcy Court for the Western District of New York—Rochester Division—requires all matters pertaining to a bankruptcy case, including Adversary Proceedings, to be filed by attorneys electronically through CM/ECF. If you are not an attorney, please contact the Clerk’s Office for information on filing requirements.
To commence an Adversary Proceeding, it is necessary to file:
• A Complaint signed by the attorney or by the plaintiff, if not represented by an attorney; and
• If not e-filed, an Adversary Proceeding Cover Sheet with the complete names and addresses of the plaintiff and defendant. All boxes should be completed accordingly. If applicable, please include the amount of damages demanded, which must be consistent with the amounts demanded in the Complaint. Be sure to use the current version of the Adversary Proceeding Cover Sheet.
• Please consult the Bankruptcy Court Fee Schedule to determine if a fee is required and if so, the amount of the filing fee.
• The plaintiff must submit a proposed summons with the complaint.
• Federal Rule of Bankruptcy Procedure (FRBP) 7004 governs service of the Summons and Complaint.
Rule 16 Conference
• Immediately upon the filing of an Answer, the Court will issue a Rule 16 Order, scheduling the Rule 16 conference. Parties are expected to carefully read the Rule 16 Order and strictly comply with all directives. (A sample Rule 16 Order and a writable PDF Discovery Plan is available for review.)
• Date conflict
• If an attorney or party has a conflict with the scheduled Rule 16 conference date, follow the instructions in the Order to request that the Court consider issuing a revised date or time.
The Court will issue a final Pretrial Order, scheduling a date certain for trial and date(s) for filing witness lists, copies of exhibits, pre-marked and bound three-ring binders, motions in limine, and, if necessary, a final Pretrial Conference several days before trial.
Exhibits are to be reviewed and marked by counsel and the Courtroom Deputy beginning at 9:00 a.m. the day of the trial. Trials typically begin at 10:00 a.m.
The Court will keep the original exhibits after trial until the appeal time expires, after which time exhibits are to be retrieved by the parties.
A bankruptcy appeal filed in this district is appealed to the U.S. District Court for the Western District of New York. The general procedure for filing an appeal is as follows, although parties are urged to consult the Bankruptcy Rules for specific requirements:
• NOTE: The Bankruptcy Court for the WDNY is a mandatory e-filing court. To properly electronically file an appeal in CM/ECF, you must docket under BANKRUPTCY > APPEAL > NOTICE OF APPEAL. If you have a waiver from e-filing, or are a pro se party without an attorney, please refer to the Administrative Procedures for the requirements for filing an appeal in paper, or contact the Bankruptcy Clerk’s office.
• An appeal from a final judgment, order or decree of a Bankruptcy Judge is taken by the filing of a Notice of Appeal with the Bankruptcy Clerk. An appeal of an interlocutory judgment, order or decree is taken by the filing of a Notice of Appeal and motion for leave to appeal. See., Bankruptcy Rule 8001(a) and (b). The Notice of Appeal must be filed within the time allowed by the Bankruptcy Rules.
• The Notice of Appeal must conform to the Official Form and must contain the name(s) of all parties to the judgment, order, or decree appealed from, and the names, addresses, and telephone numbers of their respective attorneys, and be accompanied by a civil cover sheet (Form JS-44), and the statutory filing fee. See, Bankruptcy Court Miscellaneous Fee Schedule , 28 U.S.C. §1930.
• If an adversary proceeding is the subject of an appeal, the exact caption, the bankruptcy case number, and the adversary proceeding number must be noted on the Notice of Appeal.
In 2005, Congress added new provisions allowing direct appeals to the Circuit Court, bypassing the normal route through the District Court. 28 U.S.C. § 158(d)(2). A party may take a direct appeal:
• Where “there is no controlling decision of the court of appeals for the circuit or of the Supreme Court of the United States, or involves a matter of public importance” 28 U.S.C. 158(d)(2)(A)(i);
• If the case “involves a question of law requiring resolution of conflicting decisions” 28 U.S.C. 158(d)(2)(A)(ii); or
• “An immediate appeal…may materially advance the progress of the case or proceeding…” 28 U.S.C. 158(d)(2)(A)(iii).
See, Bankruptcy Rule 8001(f) for the requirements for a direct appeal.
A direct appeal must be electronically filed in CM/ECF, unless the filer has a waiver or is proceeding pro se. To properly file a direct appeal, docket under BANKRUPTCY > APPEAL > NOTICE OF APPEAL.
The procedure for filing Amendments is as follows:
• Amendments must be e-filed in CM/ECF. If you have questions as to how to file an amendment electronically, please contact the court.
• Local Rule 1009-1 and Standing Order dated June 9, 1999 require that an Amendment/Schedule Cover Sheet be attached to amended schedules, lists, etc. The current version of the Amendment/Schedule Cover Sheet must be used. This applies to: (1) Amendments to information previously filed; (2) Adding information not previously filed; or (3) Schedules/Lists required for conversions (Rule 1019), i.e., post-petition debts.
• Each item being amended must be checked in the appropriate section on the Amendment/Schedule Cover Sheet.
• The attorney (or pro se debtor) and debtor(s) must affix an /s/ slash or original signature to the unsworn declaration.
• Rule 1009(a) FRBP requires the debtor to give notice of the amendment to the trustee and any affected party. An /s/ slash or original signature of the attorney (or pro se debtor) verifying that the service requirement has been accomplished must be affixed on the Amendment/Schedule Cover Sheet in the space provided or on a separate Certificate of Service accompanying the amendment.
• If you are adding creditors with your amendment, upload only those creditors being added. An Amendment Fee will be imposed in accordance with the Bankruptcy Fee Schedule and Bankruptcy Fee Compendium.
• Amendments may be filed at any time prior to the closing of a case. If a case has been closed, an amendment may be filed only after the case has been re-opened.
• Rochester Division—PLEASE NOTE: Motions to reopen a case under 11 U.S.C. § 350(b), implemented by Rule 5010 FRBP, must be made on notice to all affected parties-in-interest and the United States Trustee. See In re Gill, 529 B.R. 31 (Bankr. W.D.N.Y. 2015). Reopening a case for the purpose of adding a creditor may not be allowed. In re Tucker, 143 B.R. 330 (Bankr. WDNY 1992.)
• Deletion of a creditor MUST be done by motion.