Local Rule LBR 2003-1: Meeting of Creditors

LBR 2003-1. Meeting of Creditors

(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 LBR 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 may request dismissal of the case for failure of the debtor, joint debtor, or designated responsible individual to attend 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 (Motion to Dismiss Case for Non-Appearance at Meeting of Creditors; Notice of Hearing). In the alternative, the trustee may continue the meeting and request the court to issue an order to show cause that gives notice of the continued date. The order will provide for dismissal without further notice or hearing if the debtor fails to appear at the continued meeting. 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.