Local Rule LBR 2003-1: Meeting of Creditors or Equity Security Holders

Rule 2003-1 Meeting of Creditors or Equity Security Holders

(a) § 341 Meeting of Creditors; Report of Action Taken. No later than three (3) days after the § 341 meeting, each presiding officer at a meeting of creditors must file with the court a report of action taken, and must serve that report upon the United States trustee. In chapter 7 cases, the chapter 7 trustee must file a Report of No Distribution no later than fourteen (14) days after the § 341 meeting is concluded or closed, if applicable.

(b) § 341 Meeting of Creditors; Failure of Debtor to Appear at § 341 Meeting of Creditors. Failure of the debtor to appear at a scheduled 11 U.S.C. § 341 meeting of creditors may constitute cause for dismissal.

(1) The court may dismiss a voluntary case under any chapter for failure of the debtor (or in the case of a non-individual debtor, the debtor's president, managing partner or other knowledgeable officer) to appear at the meeting of creditors, upon the filing of a motion to dismiss for failure of debtor to appear at the § 341 meeting; and upon determination that:

(A) there has been proper notice of the intended action;

(B) there is no motion pending, pursuant to LBR 2003-1(c), to reconsider the United States trustee's or the trustee's denial of a request for continuance of the meeting; and

(C) the case was not commenced as an involuntary case.

(2) In an involuntary case, a motion to dismiss for failure of the debtor (or in the case of a non-individual debtor, the debtor's president, managing partner or other knowledgeable officer) to appear at the § 341 meeting shall be scheduled for hearing.

(c) Rescheduled Meeting of Creditors; Request. A request to reschedule any § 341 meeting of creditors must be directed to the trustee, or, in chapter 11 cases, to the United States trustee. Only if the request is denied may the debtor file with the court a motion to reschedule. If the request is granted, notice of the rescheduled § 341 meeting shall be provided pursuant to LBR 2003-1(d).

(d) Rescheduled Meeting of Creditors; Notice. When the debtor's case has been dismissed and the dismissal is set aside, or if a meeting of creditors is rescheduled upon request of the debtor, the debtor shall obtain another date for the meeting of creditors from the United States trustee or trustee and the debtor shall give notice of the rescheduled meeting to the trustee, the United States trustee, all creditors, and all other parties in interest and file a certificate of service.