Local Rule 2003-1: Meeting of Creditors

Rule 2003-1 Meeting of Creditors

(A) Continuance, Change of Location, or Reschedule. The Court will not consider a motion to continue, change location, or reschedule an 11 U.S.C. § 341(a) meeting unless the case trustee denies an initial request. In the first instance, requests must be in writing and addressed in a chapter 11 case to the United States trustee, and in a chapter 7, 12 or 13 case to the appropriate trustee. If the trustee or United States trustee grants the request, the debtor must file a notice of the continued hearing and serve the notice on all parties in interest.

(B) Waiver of Appearance. A motion to excuse the appearance of the debtor at the § 341 meeting must be filed with the Court and must state that the United States trustee and the case trustee or standing chapter 12 or 13 trustee have been contacted and whether there is an objection.

(C) Attendance. The debtor, the debtor's attorney or substitute counsel are required to appear at any scheduled or continued meeting of creditors. The Court may dismiss a voluntary case for failure of a debtor or counsel to appear.

A substitute attorney for a §341 meeting is not required to file a notice or entry of appearance. Substitute counsel is not required to file a Rule 2016(b) supplemental compensation disclosure unless paid directly by the debtor or the referring attorney bills an additional or separate fee or charge for substitute counsel's services.

If the debtor or counsel fails to appear as required by this rule, the presiding officer may file and serve on the debtor and debtor's attorney a Notice of Failure to Appear, with a certificate showing service in compliance with this rule.

If no request for a hearing is filed by the non-appearing party within 14 days after service of the Notice, the Court may dismiss the case without further notice or hearing.