Local Rule RULE 2003-7: Failure to Appear at Creditors' Meetings.

RULE 2003-7. Failure to Appear at Creditors' Meetings.

If debtor fails to appear at the meeting of creditors scheduled pursuant to 11 U.S.C. § 341(a), the case may be dismissed or converted by the Court upon notification by trustee or U. S. Trustee of debtor's failure to appear (See Mont. LBF 7 and 7-A), unless debtor or debtor's attorney filed an application for continuance not later than 14 days before the scheduled meeting of creditors, as required under Mont. LBR 2003-4 and trustee granted such application. Failure to timely file an application for continuance may result in the case being dismissed or converted unless trustee or other party in interest requests that the case remains open or in the present chapter. If one debtor in a joint case fails to appear, the Court may bifurcate the joint case and dismiss or convert the absent debtor's case.

Comment: The trustee may request that the case remain open or remain in its present chapter and is further allowed to oppose the entry of debtor's discharge based on failure to appear. 11 U.S.C. §§ 704 and 727. Note that dismissal on this ground falls within the scope of 11 U.S.C. § 109(g)(1).