Motion Practice & Hearing Scheduling Guidelines

Judge Warren

All pleadings, notices and other papers shall be served and filed in accordance with the Federal Rules of Bankruptcy Procedure and the Local Rules for the Western District of New York. Adequacy of service as required by the Federal Rules of Bankruptcy Procedure is the responsibility of the party making service. The Court does not determine the adequacy of service unless and until the issue is litigated in connection with a contested matter.

Except as otherwise provided by Rule or ordered by the Court, Notices of Motion along with supporting affidavits and memoranda shall be served on the parties and filed electronically within CM/ECF at least ten (10) days prior to the hearing date of the motion. Discretionary responses to motions (those not required by order) shall be electronically filed and served upon the adverse party or parties as soon as possible.

An original Certificate of Service should be filed with the Notice of Motion and/or Motion documents. The Notice of Motion should be served on all appropriate parties.

Motions shall be filed in CM/ECF as follows: the Notice of Motion and Motion shall be filed as the main document; all other documents (exhibits, affidavits, certificates of service) shall be filed as attachments to the main document.

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 Bankruptcy Fee Schedule should be consulted to determine if a fee is required.

Adjournment Policy

Motions may be adjourned only with consent of all appropriate parties. A letter confirming the adjournment must be filed with the Court before the original hearing date of motion.

Hearings noticed to all creditors and parties in interest require a Court appearance.

Default Motions: Rochester and Watkins Glen

In Rochester and Watkins Glen, many motions are required to be handled according to the Court's "Default Procedures". To avoid receiving a deficiency notice and having to re-serve the motion, please refer to the "Default Procedures" to determine if the motion requires default language.

Scheduling a hearing date: Rochester and Watkins Glen

Generally, it is not necessary for the parties to contact the Court in order to schedule a hearing for a routine motion in Rochester and Watkins Glen. The parties may select a hearing date and time for routine motions in Rochester and Watkins Glen in accordance with the Hearing Scheduling Guidelines-Judge Warren.
The parties are encouraged to request a discrete date/time for matters that may require a longer amount of time to be heard. These requests may be made by calling Courtroom Deputy Tina Folwell at (585) 613-4214.

Rochester

Chapter 13 Confirmation Hearings: generally held every other Monday and are compromised of:
- Chapter 13 Confirmation Hearings, scheduled by the Chapter 13 Trustee, at: 9:00 a.m., 10:00 a.m., 11:00 a.m.,
  1:00 p.m., and 2:00 p.m.
- Motions to Convert or Dismiss made by the Chapter 13 Trustee heard following Confirmation Hearings at 3:00 p.m.
Reaffirmation Hearings: scheduled by the Court and held at 8:00 a.m. on the same day as the Chapter 13 Confirmation Hearings.
All other hearings are generally held every Thursday and are comprised of:
- Trial/Evidentiary Status Hearings: scheduled by the Court and generally held once a month on the Thursday before Watkins Glen at 9:00 a.m.
- Routine motions (all motions other than Chapter 13 Trustee Motions to Convert or Dismiss): held at 9:00 a.m., 10:00 a.m. and 11:30 a.m. depending on the type of motion as indicated in the Hearing Scheduling Guidelines-Judge Warren.
Scheduling/Settlement Conferences: scheduled by the Court and generally held on two Tuesdays each month.
- Generally scheduled when all defendants have filed an Answer in an Adversary Proceeding.
- Held in Chambers, except that adversary proceedings with pro se litigants will be scheduled to be heard in the courtroom and on the record.
- Generally, after one Scheduling/Settlement Conference, the Adversary Proceeding will be scheduled by the Court for a Trial/Evidentiary Status Hearing.

Watkins Glen

Generally held the last Friday of each month.
Scheduling/Settlement Conferences are scheduled by the Court for 11:00 a.m.
- (Trial/Evidentiary Status Hearings are not typically held in Watkins Glen and will be scheduled by the Court on a case by case basis.)
Reaffirmation Hearings are scheduled by the Court for 11:30 a.m. and will be called at the beginning of the 11:30 a.m. Motion Term.
Chapter 13 Confirmation Hearings are scheduled by the Chapter 13 Trustee for 11:00 a.m. and will be called after the 11:30 a.m. Motion Term.
All other hearings may be scheduled by the parties for 11:30 a.m.

Chapter 11 Practice

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.

Questions

You may wish to contact Tina Folwell, Courtroom Deputy to Judge Warren [585-613-4214] or the Bankruptcy Clerk's Office with questions concerning Motion Practice and Hearing Scheduling Guidelines for Judge Warren.