About Me
“ Craig D. Robins, Esq., has been a practicing Long Island bankruptcy attorney for over twenty-four years ”
Central Islip Bankruptcy Court & Judges
Written by Craig D. Robins, Esq.The Honorable Joel Asarch, a very personable Nassau County attorney who had been serving as a Nassau County Supreme Court justice, died of a heart attack this morning at South Nassau Communities Hospital in Oceanside. He was 60 years old.
The funeral will be held Monday, March 4, 2013 at 1:00 p.m. at Gutterman’s Funeral Home, 175 North Long Beach Road, Rockville Centre.
I personally knew Judge Asarch since 1984 when I met him at the Nassau County Bar Association. At the time he was working for his father’s law firm in Lynbrook — Asarch and Asarch — and he had become an expert in New York state civil procedure issues and the C.P.L.R. As such, his practice at the time was heavily devoted to civil litigation.He often volunteered to teach seminars at the Bar Association and for years, while I was a young attorney, he was my go-to person for questions about issues involving the C.P.L.R. He was always especially helpful and took pride in assisting newer members of the bar. Once I specialized in bankruptcy law, it was his turn to ask me questions about bankruptcy issues.
For many years, Judge Asarch wrote a monthly column about civil procedure and C.P.L.R. issues for the Nassau County Lawyer.He eventually went on to serve as Dean of the Nassau Academy of Law.
He was also a keen film buff and hosted a number of seminars about law in the cinema, which were most entertaining.
Judge Asarch attended the University of Pennsylvania, graduating in 1975, and obtained his law degree from New York University in 1978. He was admitted to the Bar in 1979.
He was elected to the Nassau County District Court in 2001 and to the Nassau County Supreme Court in 2007. His political affiliation was Democrat. He was also an adjunct professor of law at Touro Law School.
Judge Asarch was a long-time Long Beach resident. He is survived by son Steven Asarch, a student at Baruch College in Manhattan; daughter Michelle Asarch, a student at Binghamton University; mother Helen Asarch, of Long Beach; and sisters Sharon Asarch, of Los Angeles, and Ilene Asarch, of Needham, Mass.
Written by Craig D. Robins, Esq.The website for the Bankruptcy Court for the E.D.N.Y. has been updated again. This website covers the bankruptcy courts in Central Islip and Brooklyn.
According to a release from the Court, the goal of redesign was to provide Court information to visitors in a more accessible format. Maybe I was more used to it, but I liked the general look and feel of the old website.
Once I become more acustomed to the new site, however, it should be more efficient to use. The new Bankruptcy Court website now has separate sections for the various types of individuals who will be visiting the site. There is an attorney section, a pro se section, a trustee section and a creditor section.
The Court has indicated a desire to further customize the attorney section to make it more user friendly for bankruptcy counsel.
To Access Bankruptcy Court Website for Central Islip and Brooklyn, Click This Link:
Written by Craig D. Robins, Esq.Some Recommendations for the “Strategic Planning Program” of the Bankruptcy Court for the Eastern District of New York
I write this while attending the National Association of Consumer Bankruptcy Attorneys Annual Workshop in Puerto Rico. I flew down here with my associate, Jason Leibowitz, and my good friend, Kerie Stone, who is the Chairperson of the Bankruptcy Committee of the Suffolk County Bar Association.
In between attending workshop sessions, Kerie and I chatted about her participation in a Strategic Planning Program which is designed to improve the efficiency of our bankruptcy courts in Central Islip and Brooklyn.
She said that upon her return to New York, she will be attending meetings with a committee of our bankruptcy judges, an efficiency expert being flown in from Washington, some of the court clerks, and some of the trustees — all in an effort to make our court run better.
Since I am an active and proactive Long Island bankruptcy attorney, Kerie asked me to come up with my own suggestions that she can relay to the Committee. I quickly came up with two. Here they are:
The Judges Should Unify Courtroom Practices and Procedures
We currently have seven different bankruptcy judges. Unfortunately, that means we have seven different sets of chambers rules, seven different sets of calendar procedures, and seven different sets of protocols.
For example, for the same type of court application, some judges permit counsel to submit notices of presentment whereas other judges require motions accompanied by court appearances. Also, different judges have different requirements (or permit their trustees to have different requirements) for the provisions they want contained in a Chapter 13 plan. It simply does not make sense that we do not have a uniform Chapter 13 plan for our district.
It would therefore be great if the judges could work together to unify their chamber rules and procedures.
Judges Should Improve Communications with the Bankruptcy Bar as to Expectations from Counsel
Attorneys would be able to practice much more efficiently if they knew what the judges expect from them. In addition, court practice would be much smoother if a larger percentage of attorneys handled matters in the manner the court would prefer.
As such, perhaps the judges can hold annual presentations to the bankruptcy bar during which time they can review how they would like counsel to handle or address various matters.
Many of our judges periodically provide presentations at continuing legal education seminars where attorneys can attend for a fee. However, my experience has been that most judges concentrate their discussions on substantive law issues, as opposed to procedural aspects that would make court practice more efficient.
What we need are periodic presentations at no cost where the sole purpose would be for the judges to discuss the court’s policies and procedures with the bankruptcy bar in an effort to make bankruptcy court practice more efficient. The judges could also consider other methods to educate the bar as to their expectations for bankruptcy practice.
Written by Craig D. Robins, Esq.My mother used to tell me that when she was growing up in Brooklyn, a cheap date would be to go to night court and watch the litigants.
If you’re curious about bankruptcy or thinking of filing bankruptcy, you can see for yourself what actually happens in bankruptcy court, by visiting our Central Islip Bankruptcy Courthouse.
Although many bankruptcy matters are mundane and routine, someone who has never been in a bankruptcy court before should find the hearings interesting, and if you’re lucky, you will see some human drama and real life theater.
Interesting Things Happen in Bankruptcy Court
I often find myself in the Long Island Bankruptcy Court in Central Islip with time to kill. I may have arrived early for some hearings or I may find that I have a block of time with nothing to do in between hearings.
So how do I pass the time? Well, sometimes I’ll catch up on work or go to the law library. But frequently, I’ll find a bankruptcy courtroom with some action and sit in to see what’s going on. It’s a great way to find out how the bankruptcy judges are resolving other pending issues.
Typical hearings include matters in Chapter 7, Chapter 11 or Chapter 13 bankruptcy cases. Creditors may be arguing that the bankruptcy stay should be lifted. Trustees may be suing various parties to turn over assets. Creditors may be litigating about whether they are entitled to priority or secured status. Trustees may be seeking approval of their attorney’s fees and trustee commissions. Creditors may be suing debtors over the dischargeability of their debts. Debtors may be seeking to have their Chapter 13 plans confirmed. The list goes on and on.
You, Too, Can Get Some Bankruptcy Court Action
I previously wrote that if you’re a consumer who files for bankruptcy on Long Island, You Will Probably Never Meet Your Bankruptcy Judge .
That’s because judges only get involved with resolving disputes in bankruptcy cases, and most consumer cases do not have disputes that require the consumer debtor to appear before the judge.
Here’s what you can do. If you are filing for bankruptcy, you will have at least one hearing in court called the meeting of creditors. This is when you meet with the trustee on the fifth floor. Afterwards, you can often go upstairs to one of the bankruptcy courtrooms and see attorneys arguing cases before one of the three bankruptcy judges — Judge Dorothy Eisenberg on the seventh floor; Judge Robert Grossman on the eighth floor; and Judge Alan Trust on the ninth floor.
The Bankruptcy Court on Long Island is Open and Welcomes Your Visit to Its Courtrooms
Bankruptcy courtrooms are public places and always open to the public.
Watching real-life courtroom drama has proved so popular, that we have the People’s Court, Divorce Court, Judge Judy, Judge Alex, Judge Joe Brown, Judge Wapner and a host of other realty TV courtroom programs.
However, you can see for yourself live what actually goes on in a real bankruptcy courtroom, right here in Suffolk County.
The Bankruptcy Courtroom Cast of CharactersThe cast of characters is shifting, yet somehow constant. There’s the bankruptcy judge who presides over all hearings. Then, an attorney from the Office of the United States Trustee often sits in or is a party to various matters.
Of course, there is the debtor and his attorney, creditors’ attorneys, Chapter 7 and 13 trustees, various professionals, and more.
You will see lawyers and parties constantly filing in and out, although most litigants arrive timely for their hearings.
The Bankruptcy Courtroom
The courtrooms in the Central Islip Federal Courthouse are extremely modern and impressive. There are ceilings that must be close to 20 feet high. There are two tables in the front of the courtroom — just like on Perry Mason — for two opposing parties to sit at.
The judge sits at a high desk in the front called “the bench.” There are also desks in the front for the courtroom deputy and the court reporter. A low rail divides the room — with the judge and litigants on one side and the public on the other. Parties get to the front of the courtroom through a low, swinging gate.
Unlike some older courts in Manhattan, you will not find decades-old petrified chewing gum on the floor, creaking wooden furniture, Venetian blinds in a state of disarray, or tobacco stains on the tables of a vintage when smoking was permitted there.
When and Where to Go
Just feel free to wander into one of the courtrooms. Most judges have hearing dates several days a week, and most hearings are in the morning. You can also see a calendar of courtroom matters which is kept on the counter in the Bankruptcy Court Clerk’s office, which is on the second floor. Here are the Courtrooms:
Judge Eisenberg — Room 760
Judge Grossman — Room 860
Judge Trust — Room 960
Here are Directions to Central Islip Bankruptcy Court – Long Island . Also, if you’re curious, here’s my post about How Are Long Island Bankruptcy Judges Appointed?
And you may also be curios about the unusual architecture of the Central Islip Federal Courthouse: read about it in Long Island Bankruptcy Court – Housed in Controversial Architecture .
Brooklyn Bankruptcy Judge Milton E. Milton will be interred in St. Patricks Cemetery in Huntington. I took this image of my son, Max, there, several years ago.
Written by Craig D. Robins, Esq.
Judge Milton Funeral Information
The following is the latest information about the funeral service and visitation arrangements for the Honorable Judge Dennis E. Milton who passed away on May 31, 2010.
Obituary: Please see: Brooklyn Bankruptcy Judge Dennis E. Milton Passes Away
Home: Greenlawn, NY
Date of Death: May 31, 2010
Age: 59
Birthdate: March 15, 1951
Place of Birth: Staten Island, NY
Service Information: Saturday, June 19, 2010; St. Patricks Church, Huntington, NY
Visitation: M. A. Connell Funeral Home Inc., Huntington Station, NY
Thursday, June 17, 2010 7-9
Friday, June 18, 2010 7-9
Interment: St. Patricks Cemetery, Huntington, NY
Want to Be a Bankruptcy Judge?
Posted on
Bankruptcy Judge Position Available
Written by Craig D. Robins, Esq.
From time to time bankruptcy judgeships open up around the country for various reasons.
A judge may retire or sadly, as was the case with the late Judge Dennis E. Milton, a judge may pass away, leaving a vacant bench that must be filled. [Click here to see the Bankruptcy Judge Dennis E. Milton obituary that I wrote last week].
Bankruptcy judgeships may also open if Congress passes the Bankruptcy Judgeship Act of 2010, which I also wrote about last week: Pay a Buck — Get a Bankruptcy Judge .
I just received an e-mail about an opening in the Ninth Circuit for a bankruptcy judgeship in the Western District of Washington — Seattle.
Since most bankruptcy practitioners are curious about what’s involved with applying for a bankruptcy judgeship, even if they have no plans to do so, here’s some information:
How Far in Advance do Bankruptcy Judgeships Become Available?
The selection process usually takes a good 10 months to complete. The open position in Seattle is not available until January 2011.
How Long is the Term?
A bankruptcy judge is appointed to a term of 14 years which is renewable, subject to applicable reappointment procedures.
How Much is the Current Salary for a Bankruptcy Judge?
The current salary is $160,080 per year. If you are applying from here in New York, and are accepted, you will not get any relocation expenses.
I wrote a more detailed post last year: How Much Do Long Island Bankruptcy Judges Earn?
What is the Selection Process Like for Bankruptcy Judges?
It is open and very competitive. I wrote about this last year — How Are Long Island Bankruptcy Judges Appointed?
Basically, all applications are screened by a local Merit Screening Committee which then selects a limited number of judicial candidates for interviews. The committee also contacts references.
From this initial group, the Committee narrows down the applicants who then receive a further interview by a new committee composed of Circuit Judges. The judges then submit their recommendation to the Court of Appeals.
What Are the Basic Qualifications for a Bankruptcy Judge?
Applicants must be admitted to practice before the highest court of at least one state, be a member of good standing in every bar in which they are a member of, and have at least five years of legal practice experience.
What Checks to Bankruptcy Judge Applicants Go Through?
Nominated applicants must undergo both FBI and IRS background investigations prior to appointment.
Are You Actually Interested?
If so, contact the Ninth Circuit official website for more information. The deadline is August 5, 2010. Incidentally, there is also a judical bankruptcy opportunity in the Central District of California — Los Angeles — but the deadline is June 17, 2010.
Written by Craig D. Robins, Esq.
Brooklyn Bankruptcy Court Judge Dennis E. Milton passed away May 31, 2010
UPDATE: Click here for Bankruptcy Judge Dennis E. Milton Funeral Service Information
Last night, Judge Milton passed away. He had been battling cancer for several years. He had served as a bankruptcy judge in the Eastern District of New York, in the Brooklyn Bankruptcy Court.
Upon recently becoming unable to continue regularly appear on the bench, visiting Judge Joel B. Rosenthal was recalled to serve in his place. Judge Rosenthal has been sitting in Brooklyn since May 17, 2010 and, for now, will continue to do so until September 3, 2010.
Judge Dennis E. Milton became a bankruptcy judge on April 30, 2001. Before his appointment, he practiced for more than 25 years as a litigator in a broad variety of areas, which included criminal defense, criminal prosecution, municipal law, bankruptcy, intellectual property and labor law.
Judge Milton attended Regis High School in New York City, Columbia College and the Fordham University School of Law, where he served as Notes Editor on the Urban Law Journal.
After graduating law school, Judge Milton joined the white collar criminal defense firm of McGuire & Lawler, which was counsel in many prominent cases, including the successful defense of two Warner-Lambert executives following an explosion at the American Chicle facility in Long Island City in 1977 and the representation of the co-defendant in the Reverend Moon federal tax evasion trial and appeal.
Thereafter, Judge Milton served as an Assistant United States Attorney for the Eastern District of New York, where he was one of the three attorneys who founded the Long Island satellite office in 1985.
As an Assistant United States Attorney in the Criminal Division, Judge Milton obtained the indictment, extradition and conviction of defense contractors selling military helicopter parts to a European supplier for trans-shipment to Iran in violation of the Arms Export Control Act; and prosecuted matters such as tax evasion; bank frauds involving check kiting schemes, credit card fraud, false entries on bank records, money laundering, illegal transfers and sale of firearms; criminal trademark infringement; and crimes related to the obstruction of justice.
From 1988 through 1991, Judge Milton served as Chief Deputy County Attorney for the County of Suffolk Department of Law. Judge Milton was the chief administrative officer for an office consisting of 57 municipal attorneys and was the chief liaison officer with county agencies in contract, labor and tax matters. He argued several tax and bankruptcy appeals before the Second Circuit Court of Appeals, including In re Parr Meadows Racing Association, Inc. and was trial counsel in the defense of several federal civil rights cases. Judge Milton negotiated municipal contracts for county agencies, including a complete overhaul of the county health center hospital contracts.
In 1992, Judge Milton became Special Counsel to Bryan Levitin Franzino & Rosenberg. Judge Milton represented commercial clients as plaintiffs in commercial mortgage foreclosure proceedings and related litigation in bankruptcy court and in enforcement of contractual obligations in federal court. In criminal matters, Judge Milton represented professionals and business executives in federal and state investigations, as well as defendants in federal and state courts. From November 1996 to his appointment, Judge Milton served as Special Counsel to the Chief Investigator of the Independent Review Board, which oversees the International Brotherhood of Teamsters pursuant to a Consent Order entered in the Southern District.
Written by Craig D. Robins, Esq.
One Long Island Bankruptcy Judge Permits Cram-Down; Two Do Not
Several months ago I was excited to report that Central Islip Bankruptcy Judge Dorothy T. Eisenberg issued a decision permitting a Chapter 7 debtor to cram-down a second mortgage. (See my December Suffolk Lawyer article, “Chapter 7 Cram-Down of Second Mortgages”.)
That decision was very newsworthy, as it permitted homeowners whose homes were underwater to “strip-off” and remove a wholly-unsecured second mortgage.
However, we have since heard from our two other Long Island Bankruptcy Court judges.
Judge Eisenberg Permits Chapter 7 Cram-down
The decision granting this relief was In re Lavelle, No. 09-72389-478, 2009 WL 4043089 (E.D.N.Y. November 25, 2009). In that case, Judge Eisenberg determined that a Chapter 7 debtor may avoid a subordinate mortgage lien if that lien is wholly unsecured, based on an analysis of Bankruptcy Code section 506.
Judge Eisenberg, in her decision, also commented on the seminal Supreme Court case of Dewsnup v. Timm, 502 U.S. 410 (1992), stating that she found no authority in it that prevents a Chapter 7 debtor from cramming down a second mortgage in a Chapter 7 case.
The Distinction Between ‘Strip-Down” and “Strip-Off”
Judge Eisenberg focused a large part of her decision on Dewsnup which held that a Chapter 7 debtor may not “strip down” a first mortgage to the fair market value of the property. However, she pointed out that there is a difference between “stripping down” a mortgage and “stripping off” a mortgage.
Stripping-down refers to removing that portion of a mortgage that is unsecured, which is done pursuant to § 506. On the other hand, “stripping off” is essentially cramming down a mortgage, which means removing its lien status altogether. She determined that stripping-off was permissible in Chapter 7 cases.
Our Two Other Bankruptcy Judges Have Since Held Differently
Once Judge Eisenberg released the Lavelle decision, the Long Island bankruptcy bar was abuzz about the possibility of being able to cram-down undersecured second mortgages for their Chapter 7 debtor clients. However, there was no guarantee that our other two bankruptcy judges would follow Lavelle. Now we know that they will not.
Judge Grossman Denies Cram-down
Just last month, Judge Robert E. Grossman issued a decision in a case involving a somewhat similar set of facts and denied the debtor’s application to cram-down and strip-off the second mortgage – even though the mortgage lender defaulted and failed to file any response whatsoever. In re Pomilio, —B.R.—, No. 09-72389-reg, 2010 WL 681300 (E.D.N.Y. February 23, 2010).
Judge Grossman discussed Judge Eisenberg’s Lavelle decision, stating that she set forth a “well reasoned argument which finds support in a number of scholarly articles.” However, he felt constrained to apply her argument to the facts of his case.
In Pomilio, Judge Grossman began his analysis with Bankruptcy Code Sections 506(a) and (d), and the Supreme Court’s holding in Dewsnup, that a Chapter 7 debtor cannot bifurcate a secured creditor’s claim into a secured claim to the extent of the fair market value of the subject real property, and an unsecured claim for the remaining balance
He reached a different conclusion than Judge Eisenberg, determining that the “stripping down” process was simply not available to a Chapter 7 debtor.
Judge Trust Adopts Judge Grossman’s Position Denying Cram-down
Last week, Judge Alan S. Trust issued the Caliguri decision in which he expressed his position against Chapter 7 cram-downs. In re Caliguri, No. 09-75657-ast, slip op. (E.D.N.Y. March 16, 2010). In that decision, Judge Trust referred to both the Lavelle and Pomilio decisions and stated, “This Court adopts the analysis in Pomilio and concludes that a Chapter 7 debtor may not avoid the lien of a wholly undersecured, consensual mortgage lien holder.”
Judge Trust pointed out that post-Dewsnup courts have generally interpreted Dewsnup to prohibit Chapter 7 debtors from avoiding (stripping off) liens which are wholly undersecured for the same reasons that a Chapter 7 debtor may not reduce a secured mortgage claim to the fair market value of the property.
He further pointed out that such a reading of Dewsnup is a proper and consistent application of Section 506.
Practical Tips
Practical Tips
A debtor has a one in three chance of having his or her case land in Judge Eisenberg’s Court, in which event, the debtor will likely be able to successfully bring a Chapter 7 cram-down proceeding. If the case is pending before Judges Trust or Grossman, their position is clear that the debtor cannot.
However, at some point down the road, there will certainly be a higher court decision establishing the issue for sure, at which point all of our judges will be obligated to follow it.
Get Copies of Bankruptcy Decisions Reported in this Article
Check back to view this post in a few days and I will have copies of the Long Island Bankruptcy Court decisions that I cited in this post.
About the Author. Long Island Bankruptcy Attorney Craig D. Robins, Esq., is a regular columnist for the Suffolk Lawyer, the official publication of the Suffolk County Bar Association in New York. This article appeared in the APRIL 2010 issue of the Suffolk Lawyer. Mr. Robins is a bankruptcy lawyer who has represented thousands of consumer and business clients during the past twenty years. He has offices in Patchogue, Commack, West Babylon, Coram, Woodbury and Valley Stream. (516) 496-0800. For information about filing bankruptcy on Long Island, please visit his Bankruptcy web site: http://www.BankruptcyCanHelp.com.
Written by Craig D. Robins, Esq.Can a Judge Who Writes Sophisticated Bankruptcy Decisions, Pen Witty Song Lyrics?
You Betcha !!!
The Bankruptcy Bill Song Contest has announced its winner. First place goes to our very own Long Island Bankruptcy Court Judge Alan S. Trust.
Judge Trust’s Song Recalls His Days in Texas
The Judge’s entry, “Debts in Wrong Places,” is a humorous take-off of Garth Brooks’ country music hit song, “Friends in Low Places” — certainly a popular song in Texas, where Judge Trust practiced before ascending to the bench here in the Eastern District of New York.
Steven Horowitz and Gideon Kendall, creators of the Bankruptcy Bill cartoon strip, sponsored the contest and came up with a great new cartoon featuring the comic likeness of Judge Trust that you absolutely must see!!! Click this link to see this new comic strip: Bankruptcy Bill Song Contest Cartoon.
My Wife Had to Enter the Contest, too
When I had told my wife, Arlene, of the contest last fall, she said she had to enter — just to poke fun at me. Her song, “A Bankruptcy Wife’s Lament,” is about a bankruptcy attorney who is so busy that he ignores his wife and family (me???).
Her song won second place! It is a hilarious take-off on “Sunrise Sunset” from Fiddler on the Roof.
My song, “Debt Free Girl,” a take-off on Billy Joel’s hit, “Uptown Girl,”didn’t win a prize, but I still think it’s great fun in any event.
I created the photo illustration from a photo I took of Judge Trust several weeks ago at a bankruptcy seminar.
Written by Craig D. Robins, Esq.Our very own bankruptcy judge from Long Island, Alan S. Trust, sitting in the Central Islip Bankruptcy Courthouse in the Eastern District of New York, has entered the Bankruptcy Bill Song Contest.
His song is one of nine in the song competition which also includes songs by my wife, Arlene, about being neglected by a hard-working bankruptcy attorney (A Bankruptcy Wife’s Lament), and by me (Debt-Free Girl) about a debt-free girl whose bankruptcy man has eliminated her debts.
Judge Trust, who usually tries to inflect his courtroom proceedings with subtle humour, poked great fun at the means test.
To get the tune in your head, click on this link to see a version of Friends in Low Places on Youtube.
“DEBTS IN WRONG PLACES”
(To the tune of “Friends in Low Places,” with apologies to Garth Brooks)
To see the actual lyrics, please visit the Bankruptcy Bill site by clicking this link: “Debts in Wrong Places”
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