About Me
“ Craig D. Robins, Esq., has been a practicing Long Island bankruptcy attorney for over twenty-four years ”
Info on Bankruptcy and the Court
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:
Professional Civility Has Been Ordered in the Bankruptcy Court for the Eastern District of New York
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Written by Craig D. Robins, Esq.Last week, on October 28, 2010, Bankruptcy Judge Carla E. Craig, who is the Chief Judge of the Bankruptcy Court for the Eastern District of New York, issued an administrative order adopting guidelines for standards of civility for the legal profession.
These guidelines were originally developed by the New York State Bar Association and incorporated into the New York State Rules of the Code of Professional Responsibility.
In adopting these guidelines, the Bankruptcy Court seeks to set a standard of practice in the Court that will promote the professional, civil, efficient and effective practice of bankruptcy cases.
The rules are essentially a list of common sense manners and protocols that all lawyers should be following in any event. It is unfortunate that some lawyers fail to act in a civil and professional manner, but having a set of standards will certainly make clear what is expected of the bar. The guidelines are aimed at maintaining the status of the legal profession as honorable and respected.
For the past 20 years I have been actively involved as a board member of the Theodore Roosevelt Chapter of the American Inns of Court, which is an organization of attorneys, judges and law students dedicated to the enhancement of civility, ethics and legal excellence in the practice of law. The recently-adopted guidelines are nothing new to our organization.
Click here to see the administrative order providing for the Adoption of New York State Standards of Civility.
What Does Civility in the Bankruptcy Court Mean?
In a nutshell, here are some of the basic principals espoused by the guidelines.
1. Attorneys should be courteous and civil. “Lawyers can disagree without being disagreeable.”
2. Lawyers should cooperate with opposing counsel in an effort to avoid litigation and to resolve litigation that has already commenced. As a pragmatic attorney, that echos my sentiments in all litigated matters. I feel that most litigation emanates from matters in which the parties cannot work together to reach a reasonable disposition.
3. A lawyer should respect the schedule and commitments of opposing counsel, consistent with protection of the client’s interests.
4. A lawyer should promptly return telephone calls and answer correspondence reasonably requiring a response.
5. The timing and manner of service of papers should not be designed to cause disadvantage to the party receiving the papers.
6. A lawyer should not use any aspect of the litigation process, including discovery and motion practice, as a means of harassment or for the purpose of unnecessarily prolonging litigation or increasing litigation expenses.
7 In depositions and other proceedings, and in negotiations, lawyers should conduct themselves with dignity and refrain from engaging in acts of rudeness and disrespect.
8. A lawyer should adhere to all express promises and agreements with other counsel, whether oral or in writing, and to agreements implied by the circumstances or by local customs.
9. Lawyers should not mislead other persons involved in the litigation process.
10. Lawyers should be mindful of the need to protect the standing of the legal profession in the eyes of the public. Accordingly, lawyers should bring the New York State Standards of Civility to the attention of other lawyers when appropriate.
11. A Judge should be patient, courteous and civil to lawyers, parties and witnesses.
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 .
Written by Craig D. Robins, Esq.We all know that as part of the Bankruptcy Amendment Act, debtors are audited from time to time to make sure that they are providing accurate information to the court (see: Random Audits of Consumer Debtors).
Most people aren’t aware that Chapter 7 panel trustees are audited as well, but for different reasons.
There Are About 1,100 Chapter 7 Trustees Across the Country
In our district, which is the Eastern District of New York, there are 20 Chapter 7 trustees. That breaks down into nine who receive cases in the Central Islip Bankruptcy Court (see: Long Island Chapter 7 Bankruptcy Trustees ) and eleven who receive cases in the Brooklyn Bankruptcy Court (see: Brooklyn Chapter 7 Bankruptcy Trustees ).
How Chapter 7 Panel Trustees Are Audited
The Executive Office forthe United States Trustee engages in full audits, field exams, trustee interim reports and performance reviews as part of its program to measure a trustee’s compliance with his or her fiduciary duties and other obligations under the U.S. Trustee program.
Chapter 7 panel trustees are fully audited at least once every eight years by an independent Certified Public Accountant.
Every four years, a staff person from the U.S. Trustee’s office conducts a field exam.
All trustees must submit regularly to a trustee interim report.
In addition, the Office of the U.S. Trustee evaluates each panel trustee every two years.
What Are the Most Common Findings in Audits of Chapter 7 Trustees?
The most common finding based on audits is that the trustee was not careful enough in reporting information about assets on a particular form that the trustee is required to file.
Findings that can lead to an “inadequate” opinion include not timely investigating or liquidating assets, failing to supervise support staff, and co-mingling bankruptcy estate funds with non-estate funds.
What Happens if the Chapter 7 Trustee is “Inadequate”?
The U.S. Trustee has determined that some findings are so important that if an auditor uncovers them, the trustee will be given an “inadequate” audit opinion.
This usually happens when the auditor determines that the Chapter 7 trustee accounting and cash management practices are insufficient for safeguarding any funds the trustee is holding on behalf of a bankruptcy estate.
If a Trustee receives an “inadequate” opinion, the trustee gets suspended from the active rotation of receiving new cases.
Written by Craig D. Robins, Esq.At midnight, most people are getting ready for bed and watching Letterman. But sometimes not me. You see, it’s not all too uncommon for some of my staff and me to be at my Long Island bankruptcy office filing a client’s bankruptcy petition at the witching hour.
Why File a Bankruptcy Petition at Midnight?
Sometimes when we have a bankruptcy case to file for urgent reasons, we simply can’t go home until it’s a done deal.
There are clients who come to us at the very last minute when there may just be hours to spare before a foreclosure sale is scheduled for the next morning. In such cases, we rush to file a petition because the minute we file the petition, the “automatic bankruptcy stay” goes into effect, effectively preventing the sale from going forward.
Filing emergency bankruptcy cases is an important part of effective bankruptcy representation. Clients come to us with emergency filing needs for various reasons. Sometimes they are just too anxious to seek bankruptcy help until last minute.
Sometimes clients put too much faith in others believing that a mortgage broker will come through with financing at the last minute. Lately, I’ve seen clients who hoped that they would be able to get their mortgage company to modify the mortgage, only to find that the mortgage company was unwilling to cooperate, and instead pushed forward with the foreclosure sale.
How Do We File Bankruptcy Petitions at Midnight?
We file all of our petitions by E.C.F. — which stands for Electronic Case Filing. This is the process whereby we file bankruptcy documents by computer over the internet, directly into the bankruptcy court’s computer.
Thus, we can file petitions from our office 24 hours a day — not that we would ordinarily want to do so. The exception was in October of 2005. Two days before the 2005 Bankruptcy Amendment Act was to take effect, I enlisted the services of my wife and together we filed about 75 petitions between midnight and four in the morning.
What’s Involved with an Emergency Bankruptcy Filing on Long Island?
There are many aspects to filing a petition at the last minute. I dedicated an entire article that was published in the Suffolk Lawyer to this issue: Handling the Emergency Filing.
Ideally, filing bankruptcy should not be left to the last minute. After all, there is a Difference Between an Emergency Bankruptcy Filing and a Rush Bankruptcy Filing . However, when the situation arises, a midnight filing is just as good as any other time.
Written by Craig D. Robins, Esq.I was prompted to write this blog post because I just filed a Long Island Chapter 7 bankruptcy case and the court scheduled the meeting of creditors for a date that is only 25 days away. With every other case I’ve filed during the past few years, the hearing was always over a month later.
So what’s the story with when the meeting of creditors is held?
What is a Section 341 Hearing?
First, In every single bankruptcy case, be it Chapter 7, 11 or 13, there is an initial meeting at the bankruptcy court called the Meeting of Creditors. In consumer cases under Chapter 7 or Chapter 13, the purpose of the meeting is for the court-appointed trustee to review the case with the debtor by examining the debtor under oath.
Section 341 of the Bankruptcy Code provides for this hearing, which is why it is often referred to as the “341 Hearing.”
The Bankruptcy Rules Provide the Time Frame For Holding the Meeting of Creditors
Although the 341 hearing is usually held about a month after the petition is filed, it can sometimes be held much earlier than that, and other times, much later.
Bankruptcy Rule 2003(a) sets forth the time parameters for the 341 Hearing:
In a Chapter 7 or Chapter 11 case, the meeting must be held no fewer than 20 days, and no more than 40 days after the date the petition is filed.
However, in a Chapter 13 case, the meeting shall be held no fewer than 20 days, and no more than 50 days after the date of filing.
When the bankruptcy court is operating very efficiently, meetings tend to be sooner. When the court is overburdened, or trustees are taking vacations, the time frame is longer.
When the there was a massive rush of bankruptcy filings in September and October 2005 because consumers were anxious to file their bankruptcy petitions before the bankruptcy laws were about to change, the bankruptcy court could not accommodate the great number of cases, and most debtors in New York had to wait 60 to 100 days for their 341 hearings.
There’s Lots of Information About Preparing for the Meeting of Creditors on this Blog
One of the biggest concerns my clients have is how to prepare for the meeting of creditors and what to do about going to the bankruptcy court for the very first time. As such, I have written extensively about this.
If you have a meeting of creditors coming up, the following posts will be helpful:
If You Have a Meeting of Creditors Coming Up Soon on Long Island and You Want to Find Out Info About Your Trustee
I have a series of posts containing biographies of all of the Long Island Chapter 7 and Chapter 13 trustees: biographies and profiles of Long Island bankruptcy trustees and judges.
You Must Provide Identification at the Meeting of Creditors
Here is a post about what identification you need to provide when you go to bankruptcy court: You Need Certain Identification to File for Bankruptcy.
Will Creditors Show Up At the Meeting of Creditors?
It’s very unlikely that creditors will show up: Will Creditors Show Up For My Hearing In Bankruptcy Court? However, here’s a post I wrote about what kind of questions they can ask if they do show up: If a Creditor Shows Up at the Meeting of Creditors in Bankruptcy Court, What Questions Can They Ask? .
Directions to the Central Islip Bankruptcy Court on Long Island
If your meeting of creditors is in Central Islip, here’s how to get to the court: Directions to Central Islip Bankruptcy Court – Long Island .
Written by Craig D. Robins, Esq.Everyone these days is Googling everyone else. Many of my Long Island bankruptcy clients have commented to me that they have searched the internet for information about their bankruptcy judge and trustee.
People want to know about the judges and trustees they have to appear before. Often a debtor wants to know more about their trustee after having interacted with him or her for the first time at the meeting of creditors. Sometimes colleagues who do not regularly practice in the Central Islip Bankruptcy Court contact me to inquire about what I know of a certain judge or trustee.
And even those who regularly practice in our court are curious about the backgrounds of those they regularly appear before. Some of my readers have suggested that I provide something along the line of biographies of those affiliated with the bankruptcy court.
I have therefore decided to post profiles of all of the key players in Central Islip Bankruptcy Matters — the trustees, the judges, and eventually, perhaps, some others.
The Central Islip Bankruptcy Court, which is one of the two bankruptcy courts in the Eastern District of New York, currently has a panel of nine chapter 7 trustees, two standing Chapter 13 trustees, and three bankruptcy judges.
I previously posted an article about Long Island Chapter 7 Bankruptcy Trustees which contained a list of all of the Chapter 7 trustees that are currently on the Chapter 7 panel for the Eastern District of New York and assigned to the Central Islip Bankruptcy Court, as well as those who are no longer on the Chapter 7 panel.
Most of the information I’ll be providing is public information and readily accessible to anyone willing to spend the time to do so. Obviously I don’t want to provide any sensitive personal information. However, I will try to offer some of my own opinions about each trustee I profile.
In addition, with each trustee, I will also post contact info such as their office address and phone number.
The first post will be about our senior-most Chapter 7 trustee, Ken Kirschenbaum, who has a particularly colorful background. All trustee profiles will be accessable on the page, Long Island Bankruptcy Trustee Profiles , which you can get to by clicking the link.
One final thing: lots of people Google me, too. So here’s the link to my bio — information about Craig D. Robins, Esq., Long Island Bankruptcy Attorney.
Written by Craig D. Robins, Esq.As someone who spends a great deal of time writing bankruptcy articles, it is quite upsetting to see so much incorrect and erroneous information about New York bankruptcy law on the Internet. Consumers need to be aware of this.
I frequently do Internet searches on various bankruptcy topics and I am constantly amazed and disappointed at the extremely poor quality of the information on some websites.
There are three main reasons why some online bankruptcy information is bad
1. Various websites are designed for the sole purpose of persuading those who land on their site to “click through” to another sight that advertises on their site. These “click through” sites often manipulate search engines to appear at the top part of a search. In addition, they are run by out-of-state companies who basically make similar websites for each state.
2. Some websites appear to contain data about New York bankruptcy law, but these sites are really owned by out-of-state companies and are designed to steer consumers into providing information about themselves that will be used for “sales leads.” These companies then sell this information to others and promise that a local bankruptcy attorney will contact them. Notice how these sites never give any information about the local bankruptcy attorney.
3. Many websites actually belonging to local New York bankruptcy attorneys have content on them that the attorneys, themselves, do not write. The bankruptcy articles and material is actually written by someone else in a distant part of the country. The New York bankruptcy attorneys who engage in this conduct merely purchase content written by others, and place it on there site, as if they wrote it themselves.
I observed some bad bankruptcy information online today
In the above situations, there are sometimes egregious errors and misstatements. They are not written by a New York bankruptcy lawyer, and the authors do not necessarily have your best interests in mind.
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For example, earlier today I observed a site that indicated that consumers filing bankruptcy in New York can use both the federal exemptions and the state exemptions. This is absolutely not true (you can only use New York State exemptions). I then found another site that provided downright incorrect exemptions for New York bankruptcy cases.
I am proud to say that all of the posts, articles and information on my blog is written by me (or in some cases, by other attorneys in my office or student interns). All information is well-researched and contains a by-line by the author.
After practicing 25 years, most of which I devoted to bankruptcy law, you can rest assured that the information contained in my blog is current, accurate, and hopefully helpful.
Interpreters in Bankruptcy Court
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Written by Craig D. Robins, Esq.
What happens if you are a debtor in a bankruptcy case and you can barely speak English?
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Free English translation services now available in our Long Island Bankruptcy Court
The U.S. Trustee Program recently began offering free translation services. The service is limited to assisting non-English speaking debtors at the meeting of creditors, which is also known as the section 341 hearing.
The first time I saw this in action I was amazed at how smoothly the process worked. I was at a meeting of creditors a few months ago with some Spanish-speaking clients. The trustee was Andrew Thaler who had never utilized the service before. Using a telephone in the meeting room, the trustee called a central translation service switchboard, provided some info, and within minutes was connected to a Spanish-speaking interpreter.
The interpreter methodically translated through the speaker phone, and there were no problems at all.
In the past, a debtor with limited English proficiency would have to bring their own interpreter with them, who was often a family member. Although this had worked smoothly with most trustees, some trustees were not too willing to let family members serve as interpreters because of potential bias.
The new system, which is in accordance with an Executive Order from the President requiring federal agencies to have a Language Assistance Plan, provides interpretation services in as many as 196 languages. Currently the service is only available in some areas and we are fortunate enough to have it in the Central Islip and Brooklyn Bankruptcy Courts.
To minimize delays at the meeting of creditors, debtors wishing to take advantage of this free service are encouraged to have their bankruptcy attorney contact the trustee in advance of the meeting.
Written by Craig D. Robins, Esq.After hearing so many debtors at the meeting of creditors address their trustee as, “Your Honor,” we need to set the record straight. The trustee is not a judge, nor is the trustee a judicial hearing officer. Do not call the trustee, “Your Honor.”
I usually tell my clients about this in advance of their hearing, but I see so many clients of other attorneys address the trustee with more respect than the trustee deserves.
Only judges should be referred to as, “Your Honor”; not trustees.
Interestingly, many of the trustees do not correct the debtor when so addressed, although some certainly do.
Judges have come a long way to ascend the bench and deservingly warrant a certain degree of respect. Chapter 7 Trustees, on the other hand, are simply bankruptcy attorneys who have sought to be placed on the panel of trustees. There are nine Chapter 7 trustees on Long Island. There are two Chapter 13 trustees. See What Is a Bankruptcy Trustee?
For a list of all Long Island bankruptcy trustees, please see my earlier post Long Island Chapter 7 Bankruptcy Trustees or Brooklyn Chapter 7 Bankruptcy Trustees .
Although all New York trustees are bankruptcy attorneys, in some other parts of the country, there are non-attorney trustees.
So when addressing the trustee, simply call them by their name: “Mr. Smith”, for example.