--- title: "Robert D. Drain | KnowJudges" canonical: "https://knowjudges.com/kyj/judge/robert-d-drain-8903" page_type: "judge_profile" updated: "2026-10-07" --- # Robert D. Drain U.S. Bankruptcy Court for the Southern District of New York · U.S. Bankruptcy Judge ## Profile - Court: U.S. Bankruptcy Court for the Southern District of New York - State: New York - Role: U.S. Bankruptcy Judge - Service status: active - Last verified: 2026-06-30 ## Summary Official statewide and applicable court procedural guidance applies to this judge. ## Biography ### Professional career - Judge, United States Bankruptcy Court, S.D. New York, 2002-present - Selected as a U.S. bankruptcy judge for the Southern District of New York in 2002 and served until his retirement in June 2022 - He continues to teach as an adjunct professor at St. John’s University School of Law and Pace University School of Law ### Education - Columbia University School of Law in, where he was a Harlan Fiske Stone Scholar for three years — J.D. (1984) - B.A. cum laude from Yale University in 1979 ### Additional information - Date of birth: 1961 - Before his judicial appointment, he was a partner in the bankruptcy department at Paul, Weiss, Rifkind, Wharton & Garrison in New York - After retiring from the bench, Judge Drain joined Skadden, Arps, Slate, Meagher & Flom as counsel in the Corporate Restructuring Group, advising on U.S. and cross-border Chapter 11 and 15 reorganizations, distressed M&A, debtor-in-possession financing, and mediations. - Drain has been a Fellow of the American College of Bankruptcy, a member and former board member of the American Bankruptcy Institute, and a former officer of the National Conference of Bankruptcy Judges. - He chaired the Bankruptcy Judges Advisory Group and was a founding member and chair of the Judicial Insolvency Network, promoting cooperation in transnational insolvency cases. - He has also lectured extensively on bankruptcy law and contributed to treatises in the field ## Before you appear - Read the judge-specific standing order first when one is listed. - Check the docket and case orders for requirements that supersede broader guidance. - Confirm current remote-access and courtroom technology arrangements before the proceeding. ## Courtroom Rules ### motion form Scope: 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. Evidence excerpt: A motion must state its grounds with particularity and set forth the relief or order requested. [Federal Rules of Bankruptcy Procedure](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-bankruptcy-procedure.pdf) Source checked: 2026-07-30 ### motion notice timing Scope: 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. Evidence excerpt: 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](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-bankruptcy-procedure.pdf) Source checked: 2026-07-30 ### contested matter notice Scope: 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. Evidence excerpt: 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](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-bankruptcy-procedure.pdf) Source checked: 2026-07-30 ### disputed fact testimony Scope: courtwide Present witness testimony on a disputed material factual issue in the same manner as testimony in an adversary proceeding. Evidence excerpt: 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](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-bankruptcy-procedure.pdf) Source checked: 2026-07-30 ### evidentiary hearing notice Scope: 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. Evidence excerpt: 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](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-bankruptcy-procedure.pdf) Source checked: 2026-07-30 ### evidence rules Scope: 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. Evidence excerpt: 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](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-bankruptcy-procedure.pdf) Source checked: 2026-07-30 ### oath or affirmation Scope: 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. Evidence excerpt: If an oath is required, a solemn affirmation suffices. [Federal Rules of Bankruptcy Procedure](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-bankruptcy-procedure.pdf) Source checked: 2026-07-30 ## Sources - [Official profile](https://www.courtlistener.com/person/8903/robert-d-drain/) - [Official roster](https://www.courtlistener.com/person/8903/robert-d-drain/) - [U.S. Bankruptcy Court for the Southern District of New York current judicial profile](https://www.courtlistener.com/person/8903/robert-d-drain/) - [Federal Rules of Bankruptcy Procedure](https://www.uscourts.gov/sites/default/files/document/federal-rules-of-bankruptcy-procedure.pdf) - [CourtListener judicial biographical directory](https://www.courtlistener.com/person/8903/robert-d-drain/) - [Hon. Robert D. Drain US Bankruptcy Judge, Southern District of New York](https://www.fedbar.org/wp-content/uploads/2019/10/drain-JanFeb13-pdf-3.pdf) - [Retired Bankruptcy Court Judge Robert D. Drain ’84 Delivers Second Annual Harvey R. Miller ’59 Lecture | Columbia Law School](https://www.law.columbia.edu/news/archive/retired-bankruptcy-court-judge-robert-d-drain-84-delivers-second-annual-harvey-r-miller-59-lecture) - [Wikidata: Robert D. Drain](https://www.wikidata.org/wiki/Q7343299) ## JSON-LD ```json { "@context": "https://schema.org", "@graph": [ { "@type": "WebPage", "@id": "https://knowjudges.com/kyj/judge/robert-d-drain-8903", "url": "https://knowjudges.com/kyj/judge/robert-d-drain-8903", "name": "Robert D. Drain | KnowJudges", "description": "Robert D. Drain, U.S. Bankruptcy Court for the Southern District of New York. Source-linked judicial identity, courtroom procedures, and presentation guidance.", "dateModified": "2026-10-07", "isPartOf": { "@id": "https://knowjudges.com/#website" }, "mainEntity": { "@id": "https://knowjudges.com/kyj/judge/robert-d-drain-8903#judge" } }, { "@type": "Person", "@id": "https://knowjudges.com/kyj/judge/robert-d-drain-8903#judge", "name": "Robert D. 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