Individual Practices

Hon. Peter D. Russin · U.S. Bankruptcy Court for the Southern District of Florida

Role: Bankruptcy Judge

Bluebook Citation: Hon. Peter D. Russin, Individual Practices, U.S. Bankruptcy Court for the Southern District of Florida

Judge Profile: Hon. Peter D. Russin profile and standing orders

Judge Peter D. Russin

TRANSLATE: Español | Creole

Divisional Office:

Miami

Judge Tabs

Address/Contact

LOCATION

UNITED STATES BANKRUPTCY COURT
C. Clyde Atkins United States Courthouse
301 N. Miami Avenue
Courtroom: 8 / Chambers: Room 817
Miami, FL 33128

LAW CLERK

Clayton Klein

Catherine D. Kretzschmar

COURTROOM DEPUTY

Melva Weldon
(305) 714-1877

Remote Access

Remote Access

I. Remote Access Policy.

A. General Rule. All hearings are conducted in person, except in rare circumstances.

B. Non-Evidentiary Hearings. Zoom remote access is available for non-evidentiary hearings only.

C. Permitted Remote Access.

1. Parties, Attorneys, and Other Representatives of Parties.

a. Without Leave of Court. You may appear remotely without leave of Court only if:

i. the notice of hearing or order setting hearing states that the hearing will take place only by video conference;

ii. you reasonably believe you have a contagious illness;

iii. counsel represents the United States Trustee and resides outside of the Southern District of Florida;

iv. you are appearing solely to state no objection, or are only observing;

v. the hearing is to consider approval of a reaffirmation agreement; or

vi. in advance of the hearing, there is clear agreement between all interested parties that all objections to the matter set for hearing have been resolved. The absence of filed objections does not by itself establish clear agreement among all interested parties.

b. With Leave of Court. In all other circumstances, you may appear remotely only with Court leave, shown by motion under Local Rule 9013-2, filed no later than:

i. two business days before the hearing; or

ii. in emergency or unforeseen circumstances, as soon as reasonably practicable in advance of the hearing.

2. Press and Public. Under the Judicial Conference’s broadcast policy on public access to civil and bankruptcy proceedings, the press and the public may listen by audio only to any hearing for which remote access is provided.

II. Remote Access Procedures.

A. Registration Required. Register by 4:30 p.m. one business day before the hearing (or at least one hour before an emergency hearing). To register via Zoom, click here, or manually enter the following web address into a browser:

https://www.zoomgov.com/meeting/register/vJItcOqurD4qHUbwAimENeAkZ7QUKGhcZ7k

If you have multiple matters on the same date, register once but include all case numbers, case names, and client names.

B. Unauthorized Video Access by Press or Public. If, during a hearing, the Court determines that a member of the press or the public has logged on to Zoom by video, the Court may:

1. request the person to log off (with the option to log back on by audio only);

2. disconnect the person from Zoom; or

3. disable video broadcasting of the hearing for all participants (resulting in audio-only access for all remote participants).

C. Conduct During Hearing. You must dress appropriately, exercise civility, and otherwise conduct yourself in a manner consistent with the dignity of the Court. You must also:

1. ensure the display name shown on Zoom is your full name;

2. state your name each time you speak;

3. speak audibly, clearly, and slowly; and

4. mute your microphone when you are not speaking.

If multiple matters are set at the same time, keep your camera off until your matter is called. Turn it on when called, and off when your hearing concludes. You may disconnect when your hearings are done without requesting to be excused.

Hearings

Hearings

Motions and applications are typically set first on the weekly motion calendar for a non-evidentiary hearing. If unresolved, the Court may set an evidentiary or further non-evidentiary hearing. The Court may consider evidence at any hearing if circumstances warrant.
Regardless of how noticed, hearings on the following are always treated as evidentiary:

(a) authority to use or to prohibit use of cash collateral,

(b) approval of post-petition financing,

(c) payment of pre-petition wages,

(d) payment of pre-petition claims,

(e) confirmation of a plan, and

(f) motions under 11 U.S.C. § 362(c)(3)(B) or (c)(4)(B) to continue or impose the automatic stay.

The movant must be prepared to make an offer of proof consistent with applicable law and rules. If contested, the movant must have witnesses present to testify in support of the requested relief.

If a matter has been settled and does not require a Rule 9019 motion, contact Courtroom Deputy Melva Weldon to remove it from the calendar by 4:30 p.m. the business day before the hearing.

Emergency Hearings

To notify chambers of a filed emergency motion (Local Rule 9013-4(c)(1)) or a late-filed objection or response (Local Rule 9014-2(d)(2)), contact Courtroom Deputy Melva Weldon.

Orders

Orders Setting Hearings.

Orders setting matters for hearing should include the following language:

The hearing will be conducted in person at the United States Bankruptcy Court, C. Clyde Atkins United States Courthouse, 301 N. Miami Avenue, Courtroom 8, Miami, FL 33128. For remote appearance requirements and procedures, see the Court's webpage (https://www.flsb.uscourts.gov/judges/judge-peter-d-russin).

Form Orders.

Communications

Federal Rule of Bankruptcy Procedure 9003 prohibits ex parte communications. Do not write, email, or call Judge Russin or his law clerks about any pending matter. Unless unusual circumstances exist, any written communication identifying a case or proceeding will be docketed, made part of the public record, and may be set for hearing.

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