Local Rule 2003-1: MEETING OF CREDITORS AND EQUITY SECURITY HOLDERS

RULE 2003-1 MEETING OF CREDITORS AND EQUITY SECURITY HOLDERS

(a) Attendance.

(1) The Court may dismiss a voluntary case, except a case that has been converted from a chapter 11 case to a chapter 7 case or from a chapter 7 case to a chapter 13 case, or a case in which the Court has determined under § 341(e) that no meeting of creditors is required, if the debtor or the debtor's attorney fails to appear at the scheduled or continued § 341 Meeting.

(2) The procedures for dismissal of a chapter 13 case for failure of the debtor or debtor's attorney to appear at the § 341 Meeting are set forth in Local Rule 2083-1(f).

(3) In a case other than one under chapter 13, the debtor or the debtor's attorney's failure to appear at the scheduled or continued § 341 Meeting may constitute cause to dismiss the case. A case trustee's or United States Trustee's motion to dismiss filed under this Rule may be combined with notice of the motion. In a chapter 7 case, the case trustee or United States Trustee may use Local Form 2003-1 to request dismissal of the case.

(4) In a joint case where only one debtor appears at the § 341 Meeting, the non-appearing debtor may be dismissed from the case.

(b) Debtor's Duties Relating to the § 341 Meeting. The debtor is required to provide documentation prior to and at the § 341 Meeting as requested by the trustee or the United States Trustee and as required in § 521, Fed. R. Bankr. P. 4002(b), and Local Rule 4002-1(b). In addition, a chapter 13 debtor is required to provide the documents listed in Local Rule 2083-1(e) prior to or at the § 341 Meeting.

(c) Motions to Reschedule. A debtor should file a motion to reschedule a § 341 Meeting not later than 7 days prior to the scheduled § 341 Meeting. The debtor shall send notice of the motion to the case trustee and United States Trustee. In a chapter 7 case, the motion must also request an extension of the time fixed under Fed. R. Bankr. P. 4007(c) and 4004(a) for filing a complaint under §§ 523(c) and 727 and the time fixed under Fed. R. Bankr. P. 4003(b)(1) for filing objections to exemptions claimed under § 522(l). The Court may grant the motion, set it for a hearing, or deny the motion without a hearing. If the Court grants the motion, the clerk must give notice of the new date and time of the § 341 Meeting unless otherwise directed by the Court.

(d) Motion to Dismiss for Failure to Appear at the § 341 Meeting. The clerk shall serve notice of a case trustee's or United States Trustee's motion to dismiss a case for failure to appear at the § 341 Meeting.

(e) Court's Powers. Nothing in this Rule should be interpreted to alter the Court's powers under § 105 or the Court's inherent powers to take action, including ordering dismissal of a case.