Philip Bentley at a glance
- Current role
- U.S. Bankruptcy Judge
- Jurisdiction
- New York · Federal
- Judicial service
- Active
Philip Bentley
U.S. Bankruptcy Judge · U.S. Bankruptcy Court for the Southern District of New York
Service record and verification
Judicial service and assignments
- U.S. Bankruptcy Court for the Southern District of New York · U.S. Bankruptcy Judge · Active
Appointment and verification
- Source authority
- United States Bankruptcy Court
Biography
Professional career
- Bankruptcy Judge in the Southern District of New York
- He previously served as a partner in Kramer Levin’s Restructuring and Bankruptcy Department, bringing significant expertise in complex bankruptcy and corporate restructuring matters to the bench.
Education
- Law degree from Columbia Law School and has a professional history in the U.S. judiciary.
Additional information
- Judge Bentley oversees bankruptcy cases in accordance with Local Rule 5070-1 and specific case management orders.
- Recognized for his expertise in bankruptcy law, methodical courtroom management, and careful statutory interpretation.
- His courtroom procedures emphasize adherence to deadlines, proper notice, and coordination among parties to ensure orderly case management
- Extensive connections and experience in bankruptcy law, reflecting his active engagement in the legal community
- His decisions often involve complex financial and legal issues, reflecting both his prior experience in corporate restructuring and his role in maintaining procedural rigor in the Southern District of New York
- Jose Sandy Buco Case: Judge Bentley dismissed a Chapter 13 bankruptcy case on the grounds that the debtor’s total debts exceeded the statutory debt limit of $2.75 million, despite the debtor’s objections to proofs of claim totaling $6.4 million.
Applicable Court Rules & Procedures
Motion practice
Courtwide
Request an order by written motion unless the rules authorize an application or the request is made during a hearing. State the grounds with particularity and specify the requested relief or order.
A motion must state its grounds with particularity and set forth the relief or order requested.Federal Rules of Bankruptcy Procedure ↗
Courtwide
Unless a motion may be heard ex parte or another period applies, serve the written motion and hearing notice at least seven days before the hearing. Serve supporting affidavits with the motion.
A written motion (other than one that may be heard ex parte) and notice of any hearing must be served at least 7 days before the hearing date, unless the court or these rules set a different period.Federal Rules of Bankruptcy Procedure ↗
Contested Matter Notice
Courtwide
In a contested matter not otherwise governed by the bankruptcy rules, request relief by motion and give the opposing party reasonable notice and an opportunity to be heard. A response is required only if the court orders one.
Reasonable notice and an opportunity to be heard must be given to the party against whom relief is sought. No response is required unless the court orders otherwise.Federal Rules of Bankruptcy Procedure ↗
Disputed Fact Testimony
Courtwide
Present witness testimony on a disputed material factual issue in the same manner as testimony in an adversary proceeding.
A witness's testimony on a disputed material factual issue must be taken in the same manner as testimony in an adversary proceeding.Federal Rules of Bankruptcy Procedure ↗
Hearings
Courtwide
Use the court's procedure to determine, reasonably before a scheduled hearing, whether it will be an evidentiary hearing at which witnesses may testify.
The court must provide procedures that allow parties-at a reasonable time before a scheduled hearing-to determine whether it will be an evidentiary hearing at which witnesses may testify.Federal Rules of Bankruptcy Procedure ↗
Exhibits
Courtwide
Prepare evidence under the Federal Rules of Evidence and Federal Rules of Civil Procedure 43, 44, and 44.1, which apply in bankruptcy cases.
The Federal Rules of Evidence and Fed. R. Civ. P. 43, 44, and 44.1 apply in a bankruptcy case.Federal Rules of Bankruptcy Procedure ↗
Oath Or Affirmation
Courtwide
A solemn affirmation may substitute when an oath is required. The national rule identifies the bankruptcy judge, clerk, deputy clerk, U.S. trustee, and other authorized officers as persons who may administer it.
If an oath is required, a solemn affirmation suffices.Federal Rules of Bankruptcy Procedure ↗
Published courtroom rules
Judge and named-part rules
Published judge / part rules (42 excerpts)
See document heading and cited passage; do not apply outside the issuing part or proceeding.
Official rules document ↗ · Collected 2026-10-27
Communications with chambers
pb.chambers@nysb.uscourts.gov Courtroom Deputy: Willie Rodriguez (212) 284-4097 Law Clerk: Jacob Costello (212) 284-4032 Law Clerk: Kieran Graulich (212) 284-4036 Law Clerk: Josie Lui (212) 284-4562 Judge Tabs Chambers' Rules Unless otherwise ordered, matters before Judge Bentley shall be conducted in accordance with any Case Management Order entered in the case and, to the extent not inconsistent, the following practices:
Source page web_or_saved_captureCommunications with chambers
Scheduling Pursuant to Local Rule 5070-1, a moving party or applicant must contact Chambers to obtain a hearing date prior to filing and serving a motion, cross-motion, application or any other request for relief requiring a hearing. All scheduling requests should be directed by telephone or email to Courtroom Deputy Willie Rodriguez at pb.chambers@nysb.uscourts.gov .
Source page web_or_saved_captureCommunications with chambers
Requests for relief requiring a hearing that are filed without first obtaining a hearing date will not be scheduled for hearing on the Court's calendar absent leave of Court. Parties may not grant extensions of time on briefing without prior consent from Chambers, except that parties may agree to modify deadlines without leave of Court so long as the reply deadline is not affected, no party in interest is prejudiced, and any existing orders are adhered to. Extensions requiring Court approval should be sought at least 24 hours before the affected deadline.
Source page web_or_saved_captureAdjournments
Adjournments require advance Chambers approval, which normally will be granted if agreed to by all parties seeking and opposing the relief in question. To seek an adjournment, the requesting party must email a request for adjournment to Chambers that, if the request is not on consent of all interested parties, must state the basis for the request. The email request must be copied to all interested parties known to the requesting party.
Source page web_or_saved_captureAdjournments
Requests for adjournment should be made no later than 12 noon on the business day before the scheduled hearing; requests made after that time will be granted only where good cause exists for the untimely request. All adjournments that have been approved by Chambers prior to the original hearing date must be noticed on the docket with a “Notice of Adjournment” filed as promptly as possible, and prior to the original hearing date. The Notice of Adjournment must identify any deadlines that have been changed in conjunction with the adjournment. A hearing will not be officially adjourned until the Notice of Adjournment is filed on the Electronic Case Filing (ECF) System.
Source page web_or_saved_captureCommunications with chambers
Orders to Show Cause Parties must contact Chambers prior to filing an order to show cause. (See Local Rule 9077-1(a)). Counsel should be prepared to submit the following documents for the Court's review: a copy of the underlying motion, a proposed order to show cause (in Word format only), and a supporting affidavit.
Source page web_or_saved_captureMotion practice
If the request for an order to show cause is granted, the papers must be filed on the Electronic Case Filing (ECF) system. The Court will contact the movant regarding the disposition of the requested order to show cause. Notices of Presentment Parties wishing to move by notice of presentment should consult Local Rule 9074-1 to determine what matters may be handled on presentment. The rule also describes the notice and filing requirements when presenting a motion or application by presentment.
Source page web_or_saved_captureCommunications with chambers
Motions for relief from stay will not be considered on presentment. Parties do not need to contact Chambers to schedule a date and time for presentment but must contact the Courtroom Deputy for a hearing date if there is an objection.
Source page web_or_saved_captureCommunications with chambers
After the applicable objection deadline has passed, the underlying motion, a certificate of service, and an electronic version of the proposed order in Word format should be submitted to Chambers prior to the scheduled date and time for presentment. The transmittal communication must represent that (i) the movant sought relief by notice of presentment, (ii) the objection period has passed, and (iii) no objections were filed.
Source page web_or_saved_captureMotion practice
Submission of Orders Proposed orders must be filed as an exhibit to moving papers. If practicable and if, prior to a hearing on a motion, the moving party anticipates seeking approval of a modified version of its original proposed order, it should file a redlined version to ensure that interested parties and the Court have notice of the modified proposed order that the movant wishes to have approved.
Source page web_or_saved_captureMotion practice
If no timely objection is filed, the movant must file a Certificate of No Objection as promptly as practicable consistent with Local Rule 9075-2, and when possible no later than 72 hours before the scheduled hearing. If such a certificate is filed, the Court will determine whether the hearing needs to go forward. If the Court determines that no hearing is required, it will enter an order resolving the motion and/or cancelling the scheduled hearing.
Source page web_or_saved_captureCommunications with chambers
Unless otherwise provided by the Court, proposed orders must be submitted by email in Word format, with any exhibits or attachments in PDF format, to pb.orders@nysb.uscourts.gov after (i) any hearing on the matter, (ii) the passage of a presentment date with no objections filed, or (iii) any cancellation of a scheduled hearing as to a motion to which no objections were filed. When submitting a proposed order to Chambers for entry when there has not been a hearing, the underlying motion with all exhibits, a certificate of service and a certificate of no objection should be attached to the email in addition to the proposed order. In all cases, if the proposed order differs from the proposed order that was initially submitted with the motion, the submitting party must provide a separate redlined version showing differences between the originally proposed order and the final version.
Source page web_or_saved_captureCommunications with chambers
Do not email any proposed order to individual members of Chambers or the Clerk's Office, unless you are instructed to do so. All proposed orders submitted to the Court by email should be accompanied by a cover email that contains the following information:
Source page web_or_saved_captureCommunications with chambers
All proposed orders should be prepared using the form of order available under the "Forms" tab on Judge Bentley's home page, or otherwise conform in substance and format to that template. 2004 Orders Requests for 2004 orders may be submitted ex parte, and the Court in its discretion may require notice and/or a hearing. An acceptable form of Rule 2004 order is located under the "Forms" tab on Judge Bentley's home page.
Source page web_or_saved_captureCommunications with chambers
Sealing Orders Requests for filing and maintaining information under seal may be submitted ex parte and must indicate the grounds for sealing and (if applicable) for proceeding ex parte. The requesting party must provide to Chambers:
Source page web_or_saved_captureMotion practice
a Word version of the motion to seal and the proposed order by email; a Word version of the relevant document in proposed redacted form for filing on the docket by email; and an unredacted physical copy (not to be emailed) of the same document labeled “confidential” and with each proposed redacted portion highlighted. Redactions should be kept to the minimum necessary to protect truly confidential information.
Source page web_or_saved_captureMotion practice
Every proposed order requesting sealing must provide (i) that the unredacted version of the sealed document shall not be made available to any party without the consent of the party that submitted the document; (ii) for the appropriate disposition of the sealed document at the conclusion of the matter; (iii) that it is without prejudice to the rights of any party in interest, or the United States Trustee, to seek to unseal the document or any part thereof; and (iv) that the movant shall submit, in accordance with Local Rule 9018-1, an unredacted copy of each sealed document to the Clerk of this Court under seal in an envelope, marked to indicate that the same has been filed under seal by order of this Court, unless at the time of the motion the Court has adopted different procedures for the submission of sealed documents to the Clerk of this Court (in which case the proposed order should reference those procedures).
Source page web_or_saved_captureCommunications with chambers
Cash Collateral Proposed interim or final orders authorizing a debtor to use cash collateral shall be submitted to chambers in word format and filed on the docket no later than two business days prior to any hearing on a motion for entry of such order, unless the motion is set for a "first day" hearing or otherwise set on an emergency basis, in which case the proposed order should be filed on the docket and submitted to chambers in word format as soon as reasonably practicable prior to the hearing.
Source page web_or_saved_captureCommunications with chambers
Conferences Requests for conferences should ordinarily be made by letter emailed to pb.chambers@nysb.uscourts.gov , together with a follow-up call to Willie Rodriguez , Courtroom Deputy. The letter requesting the conference should ordinarily be filed on the Electronic Case Filing (ECF) System. The letter must be no longer than two pages in length and should explain (i) the reason for the conference request, (ii) whether a video or telephonic conference is sought, and (iii) whether the requesting party believes the conference should be on the record.
Source page web_or_saved_captureCommunications with chambers
If a telephonic conference is granted and will be conducted without a formal record, the requesting party should submit a conference call-in number and passcode to Chambers. If the conference will be on the record, it will be conducted using either Zoom or Court Solutions.
Source page web_or_saved_captureMotion practice
Form and Content of Briefs Unless ordered otherwise, briefs and motions with embedded argument and citations shall be submitted in text searchable format and include a table of contents, headings, and a table of authorities.
Source page web_or_saved_captureMotion practice
Time for Service and Filing of Motion Papers The times provided by Local Rule 9006-1 for the service and filing of motions and answering papers shall apply, except that when a hearing on the motion has been scheduled, reply papers are subject to the following deadlines (unless the Court orders otherwise or a case management order provides otherwise): Reply papers shall be filed and served so as to ensure actual receipt not later than 4:00 p.m. three calendar days before the hearing date, except that, for hearings scheduled on Tuesdays or Wednesdays, reply papers shall be filed and served so as to ensure actual receipt not later than 4:00 p.m. the Friday prior to the hearing. Untimely papers may be rejected.
Source page web_or_saved_captureCommunications with chambers
Copies of Pleadings Parties must provide an electronic copy of every pleading, with exhibits, to Chambers at the time of filing and service, by email to pb.chambers@nysb.uscourts.gov . Pleadings that are not emailed to Chambers in timely fashion may be rejected. Hard copies of pleadings need not be provided to Chambers unless the documents are voluminous or the Court requests hard copies. In that instance, the moving party shall supply two binders with hard copies of the moving papers (including exhibits) and responses thereto — printed two-sided — to Chambers no later than three days before the hearing. Parties are encouraged to contact Chambers if they are unsure whether documents are sufficiently voluminous that hard copies should be provided.
Source page web_or_saved_captureCommunications with chambers
Notwithstanding the foregoing, parties should not email an unredacted copy of a document that is the subject of a motion to seal. Parties should refer to the Sealing Orders section of these Chambers Rules for instructions on how to submit documents relating to a motion to seal.
Source page web_or_saved_captureCommunications with chambers
"First Day" Motions Parties wishing to schedule hearings on "first day" motions in Chapter 11 cases should contact Chambers on the date of filing to discuss scheduling of the hearing. Two copies of “first day” motions should be provided to Chambers in advance of the hearing.
Source page web_or_saved_captureConferences and appearances
Due to the exigencies often associated with first day hearings in chapter 11 cases, unless the Court orders otherwise, such hearings will be conducted from Judge Bentley's courtroom in a hybrid format that will permit either in-person attendance or remote participation via Zoom for Government. The courtroom will be open to all parties and to the public for unrestricted access to the proceeding, including all testimony and/or argument that is presented either remotely or in person. Any person wishing to attend the first day hearing remotely must register their appearance using the eCourt Appearance tool, which is available here , when possible by 4:00 p.m. the day before the hearing, and no later than one hour before the scheduled hearing time. Pursuant to the Judicial Conference's remote access policy, public attendees, including members of the media, who choose not to attend in person may receive remote audio (but not video) access to those portions of the first day hearing that do not involve live witness testimony. However, public attendees are not permitted to remotely access any portions of the first day hearing that involve live witness testimony.
Source page web_or_saved_captureCommunications with chambers
It is expected that Debtor's counsel will have consulted with the United States Trustee in advance regarding all relief to be requested at the "first day" hearing. Evidentiary Hearings and Trials Sworn written direct examinations or proffers should generally be used for trials and other evidentiary hearings, but upon a party's request, the Court will usually permit live direct testimony. Where written direct examinations or proffers are used, the witness must be available for cross-examination and redirect. Such sworn written statements shall be exchanged by the parties and submitted to Chambers no later than three business days before the hearing or trial.
Source page web_or_saved_captureCommunications with chambers
Contested Matters . The following rules apply to contested matters under FED. R. BANKR. P. 9014: Unless otherwise provided by the Court, the parties shall exchange pre-marked exhibits (other than those intended to be used for rebuttal or impeachment) no less than five days before an evidentiary hearing on any contested matter, and shall provide two indexed sets of exhibits to Chambers at least three days before the evidentiary hearing. Reasonable requests to modify the date for exchange of pre-marked exhibits generally will be granted if the parties agree or if the matter’s litigation schedule makes the five-day requirement impracticable. Parties are strongly encouraged to confer regarding the admissibility of exhibits prior to the hearing.
Source page web_or_saved_captureMotion practice
Adversary Proceedings. The following rules apply to adversary proceedings: Unless the Court orders otherwise, parties in adversary proceedings should submit to the Court (i) a joint scheduling order at least two days before the first pretrial conference and (ii) a joint pretrial order at least two business days before the final pretrial conference, or if no such conference is scheduled, at least seven days before any scheduled trial date. Judge Bentley’s forms of scheduling order and joint pretrial order can be found on Judge Bentley's home page under "Forms." Parties are strongly encouraged to file motions in limine with respect to proposed evidence whose exclusion will materially affect the conduct of the trial. Such motions must be filed at least ten days before trial, with responses due at least five days before trial.
Source page web_or_saved_captureCommunications with chambers
Discovery Disputes Pursuant to Local Rule 7007-1(b), discovery motions may not be filed until the parties have (i) conferred to attempt to resolve the dispute and (ii) participated in a conference with the Court. Parties should contact Chambers to request a discovery conference, which may be telephonic.
Source page web_or_saved_captureCommunications with chambers
Before any request for a conference on a discovery issue, the party requesting the conference is required to make a good faith effort to resolve the dispute with opposing counsel consistent with Local Rule 7007-1(a). Parties may contact Chambers by telephone regarding disputes that arise during depositions or in other situations requiring immediate judicial attention. Parties should attempt to avoid the need for such applications and must make a good faith effort to resolve a dispute before contacting Chambers.
Source page web_or_saved_captureConferences and appearances
Evidentiary Proceedings . Trials and other evidentiary hearings that are expected to include live testimony (as distinct from hearings at which all direct testimony is by declaration and no cross-examination is expected) will be held in-person in Judge Bentley's courtroom unless the Court orders otherwise. Parties in interest, and their attorneys, representatives, interpreters and witnesses, may attend either in person or by Zoom for Government. Pursuant to the Judicial Conference's remote access policy, public attendees, including members of the media, generally may not access evidentiary hearings via remote means but instead should attend in-person in Judge Bentley's courtroom.
Source page web_or_saved_captureConferences and appearances
Non-Evidentiary Proceedings . Hearings that are not expected to include live testimony, as well as conferences and other routine matters, will be conducted remotely via Zoom for Government unless the Court orders otherwise. Any person--whether a party or a member of the public--wishing to attend the remote hearing must register their appearance using the eCourt Appearance tool, which is available here , by 4:00 p.m. the business day before the hearing or conference. Applicable Zoom hearing procedures are available here . Pursuant to the Judicial Conference's remote access policy, public attendees, including members of the media, may only receive remote audio access to the hearing. Upon prior request by any person, the Court will consider conducting the proceeding in a hybrid format that will permit unrestricted in-person observation of the proceeding in Judge Bentley's courtroom.
Source page web_or_saved_captureCommunications with chambers
Outlook invitations to persons who registered for remote access will be sent after 4:00 p.m. the business day before the hearing. Please do not contact Chambers before the 4:00 p.m. deadline to ask whether you have successfully registered. Once you have registered you will see a screen that states "Thank you for registering your appearance in [Case number/name]." This is confirmation that you have successfully registered.
Source page web_or_saved_captureMotion practice
Remote Testimony . Witnesses may be permitted to testify by Zoom or other contemporaneous transmission from a location other than the courtroom only upon an application demonstrating "good cause in compelling circumstances and with appropriate safeguards," as required by Rule 43(a) of the Federal Rules of Civil Procedure, made applicable by Rule 9017 of the Federal Rules of Bankruptcy Procedure. When time permits, such an application should be made in advance of the hearing by filing and serving a motion on notice of presentment. A form of order authorizing remote testimony can be found on Judge Bentley's home page under "Forms." In exigent circumstances, or if the need for the testimony first arises at the hearing, an application to allow remote testimony may be made orally at the hearing.
Source page web_or_saved_captureTrial exhibits and witnesses
In determining whether good cause in compelling circumstances has been shown, the Court will consider, among other things, whether all parties to the proceeding consent to the remote testimony. Appropriate safeguards for remote witness testimony include the following requirements, which should be included in any proposed order:
Source page web_or_saved_captureCommunications with chambers
During the testimony of the remote witness, no other person may be present in the room from which the remote witness is testifying; The witness may not have in the room any documents except his or her declaration in lieu of direct testimony and all parties' exhibits submitted to the Court, with no notes or other annotations added to any such documents; and From the beginning to the end of any remote witness's testimony, including during any breaks in the testimony, the remote witness shall not communicate with counsel or anyone else about his or her testimony, including by email or text, unless authorized to do so by the Court.
Source page web_or_saved_captureTrial exhibits and witnesses
All remote witnesses shall be sworn in over Zoom, and such testimony will have the same effect as if such remote witness was sworn in person in open court at the courthouse. In the event of an error or malfunction with Zoom, the remote witness may be sworn in and testify via the dial-in number included in the Zoom invitation. The party offering a remote witness shall be responsible for ensuring that the Zoom link and all parties' exhibits are supplied to the remote witness prior to the hearing or, in the case of impeachment exhibits, at the hearing. Fact witnesses testifying via Zoom shall utilize the Zoom link only during the time they are testifying. Upon the conclusion of his or her testimony, the witness shall disconnect from the Zoom link.
Source page web_or_saved_captureCommunications with chambers
Miscellaneous Judge Bentley aspires to promptly resolve all matters before him and typically acts within three or fewer business days on conference requests and on orders submitted following presentment, a certificate of no objection or an oral ruling. If any party is concerned that the Court may be overlooking any proposed order or other request, the party may so inform Chambers by emailing pb.chambers@nysb.uscourts.gov , copying all counsel and pro se parties who have appeared in the case, and referencing the case name and docket number, the motion or application about which the party is inquiring, and the date of the last relevant submission or argument. Parties also may notify Chambers if forty-five days have passed following the later of a hearing or the last date of supplemental briefing on a motion or contested matter on which Judge Bentley has reserved decision.
Source page web_or_saved_captureCommunications with chambers
Questions for Chambers should be directed to Willie Rodriguez , Courtroom Deputy, or if necessary, to the law clerk assigned to the case. However, counsel are urged to limit all communications with Chambers to matters that cannot be resolved without such direct communication.
Source page web_or_saved_captureCommunications with chambers
Electronic or other visual presentations (e.g., PowerPoint) that parties wish to use at oral argument must be emailed to Chambers and filed prior to the hearing. Absent alternative arrangements approved by the Court, all such presentations must be emailed to Chambers and filed (a) by 5:00 p.m. the day before a morning hearing and (b) by 10:00 a.m. the day of an afternoon hearing. Presentations that are not emailed to Chambers and filed in timely fashion may be rejected.
Source page web_or_saved_captureConferences and appearances
Forms Forms Scheduling Order for Adversary Proceedings Rule 2004 Order Joint Pretrial Order Order for Leave to Appear Virtually Form of Order Calendars Court Calendar Opinions Judge Bentley Opinions Zoom Hearings Our Zoom Video Hearing Guide is a complete reference for information about how to connect to Zoom® eCourt Appearances Participants are required to register their appearance by 4:00 PM one business day before any scheduled Zoom® or in person hearing with our new eCourt Appearances tool.
Source page web_or_saved_captureShared court rules
Southern District of New York — Local Bankruptcy Rules
U.S. Bankruptcy Court for the Southern District of New York
SDNY Bankruptcy Court proceedings only; chapter-specific limits remain applicable.
Official source ↗ · Collected 2026-10-27Federal Rules of Bankruptcy Procedure, December 1, 2025
U.S. Bankruptcy Court for the Southern District of New York
Bankruptcy proceedings only; chapter-specific limits apply. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.
Official source ↗ · Collected 2026-10-27Sources
Identity source checked September 10, 2026.
Biography sources checked September 10, 2026.
nysb.uscourts.gov judicial profile or roster
Identity source · HTML · United States Bankruptcy Court · Source checked September 10, 2026
View nysb.uscourts.gov judicial profile or roster ↗Federal Rules of Bankruptcy Procedure
Courtwide source · PDF · Judicial Conference of the United States · effective December 1, 2025 · Source checked July 30, 2026
View Federal Rules of Bankruptcy Procedure ↗