Local Rule 2003-1: MEETING OF CREDITORS & EQUITY SECURITY HOLDERS

BANKRUPTCY LOCAL RULE 2003-1 MEETING OF CREDITORS & EQUITY SECURITY HOLDERS

(a) Attendance Required. The following are required to attend the meeting of creditors held pursuant to § 341(a):

(1) the debtor and the joint debtor, if any, or if the debtor is an artificial entity, the responsible individual designated under BKLR 1074-1; and

(2) an attorney representing the debtor and the joint debtor if the petition was filed through counsel.

(b) Failure to Attend Meeting.

(1) Debtor, Joint Debtor, or Designated Responsible Individual. The trustee or United States Trustee shall request dismissal of the case for failure of the debtor, joint debtor or designated responsible individual to attend on two or more occasions the meeting of creditors by filing and serving on the debtor and all creditors a motion and notice of hearing substantially conforming to the local form (Notice of Motion and Motion to Dismiss Case for Non-Appearance at Meeting of Creditors [GUB 2003-1b1]). If the case is dismissed, the order may bar the debtor(s) from filing a subsequent voluntary petition for 180 days, pursuant to § 109(g)(1).

(2) Attorney. The trustee or United States Trustee may move for the imposition of monetary or other sanctions against the debtor's attorney of record if an attorney fails to appear at the meeting of creditors.

(c) Meeting Held Open. In a chapter 13 case, a meeting held open by the trustee does not extend the time for the debtor to file any unfiled tax returns in compliance with § 1308, unless the trustee explicitly directs that the meeting be held open for that purpose.

BKLR 2003-1 Related Local Form: • Notice of Motion and Motion to Dismiss Case for Non-Appearance at Meeting of Creditors [GUB 2003-1b1]