Local Rule RULE 2003-4: Continuance of Meeting of Creditors.

RULE 2003-4. Continuance of Meeting of Creditors.

An application seeking the continuance of the meeting of creditors held pursuant to 11 U.S.C. § 341(a) shall be made to trustee and not to the Court. Trustee shall grant or deny such application as it deems appropriate. A written application for a continuance shall conform with Mont. LBF 5 and shall be made at least 14 days before the scheduled meeting. Trustee shall file a Notice of Disposition granting or denying the application in conformity with Mont. LBF 5-A, which shall include the date and time of the continued meeting of creditors if the application is granted. Trustee shall serve a copy of the disposition on debtor's attorney or on debtor if it is a self-represented litigant. If the application is granted, debtor or debtor's attorney must notify all creditors and parties in interest of the continuance at least seven days before the original date set for the meeting. Such notice shall conform with Mont. LBF 6. Proof of service of the mailing of such notice of continuance shall be filed with the Clerk.

Comment: U.S. Trustee's calendar of dates for creditor meetings held pursuant to 11 U.S.C. § 341(a) is generally set three months in advance and can be reviewed at U.S. Trustee's website located at mtb.uscourts.gov/calendar-hearing-341-dates. The application for continuance form (Mont. LBF 5) must be served upon trustee and U.S. Trustee and should not be filed with the Court. If granted, the continuance form (Mont. LBF 6) must be served upon all creditors, trustee, and U.S. Trustee.