Local Rule 2003-1: Meeting of Creditors Under 11 U.S.C. § 341(a).

Rule 2003-1. Meeting of Creditors Under 11 U.S.C. § 341(a).

(a) Appearance by or for the debtor. An individual debtor shall appear in person at the meeting of creditors under 11 U.S.C. § 341(a). A nonindividual debtor, such as a partnership or corporation, shall appear through a designated lawful representative at the meeting of creditors under 11 U.S.C. § 341(a).

(b) Rescheduled meeting. A meeting of creditors under 11 U.S.C. § 341(a) may be rescheduled only at the discretion of and with the approval of the presiding officer. If a meeting of creditors is rescheduled, the presiding officer or the presiding officer's designee shall file a notice of the rescheduled meeting and serve, not fewer than seven days prior to the originally scheduled meeting, a copy of the notice on all creditors and other parties in interest not electronically served. The notice shall state who requested the rescheduling and the reason for the request. If service is made fewer than seven days before the originally scheduled meeting, the presiding officer or the presiding officer's designee shall give personal notice to the debtor's attorney or the debtor, if unrepresented, and appear at the originally scheduled date, time, and place of the meeting to advise any party who appears of the change. The presiding officer or the presiding officer's designee shall file an appropriate certificate of service.

(c) Continued meeting. If a meeting of creditors under 11 U.S.C. § 341(a) is continued, the presiding officer or the presiding officer's designee shall file a notice of the continued meeting and serve a copy of the notice on the debtor, the debtor's attorney, any other party who appeared at the first meeting or a previously continued meeting, and any party who has filed a notice of appearance unless that particular party is electronically served. The notice shall state who requested the continuance and the reason for the request. The presiding officer or the presiding officer's designee shall file an appropriate certificate of service.

(d) Statement of conclusion. Within seven days after a meeting of creditors under 11 U.S.C. § 341(a) is concluded, the presiding officer shall file a statement of conclusion.

(e) Filing a transcript of a meeting of creditors. If a certified transcript of a meeting of creditors is prepared in compliance with Fed.R.Bankr.P. 2003(c) and if that transcript is to be used at an evidentiary hearing or a trial, the certified transcript shall be electronically filed with the Court pursuant to Bankr. D.S.D. R. 5077-1(c)(1).

REFERENCES: 11 U.S.C. §§ 341, 342, and 343; Fed.Rs.Bankr.P. 2002 and 2003.

Practice Pointer: A meeting of creditors is "rescheduled" if the meeting on the original date was not held. A meeting of creditors is "continued" if the meeting was begun but not concluded.