Local Rule RULE 2003-1: Meeting of Creditors
Bankr. E.D. La. — General rule
RULE 2003-1 Meeting of Creditors A. The United States Trustee will schedule a date and time for the meeting of creditors pursuant to section 341 within forty-eight (48) hours of the filing of a petition for relief. The Clerk will provide notice to all creditors listed on the mailing matrix of the filing of the petition for relief, the meeting of creditors, the deadline to object to discharge, dischargeability and exemptions, and the deadline to file claims.
B. Requests to reschedule meetings of creditors or for a debtor to appear through an authorized representative must be made to the case trustee. The case trustee must promptly file a notice of his/her decision regarding requests to reschedule or for a debtor to appear through an authorized representative. In the event that the case trustee denies such a request the debtor may appeal such denial to the United States Trustee. The request to reschedule must be filed electronically in the case record when the request is transmitted to the United States Trustee.
1. The United States Trustee must promptly file a notice of his decision regarding requests to reschedule or allow a representative to appear on behalf of a debtor:
a. If the United States Trustee grants the request to reschedule the meeting of creditors, the notice of decision must specify the date and time of the rescheduled meeting. The debtor must serve the Notice of Rescheduled Meeting on all persons on the mailing matrix and the case trustee.
b. In the event the United States Trustee denies a request to reschedule a meeting or for a debtor to appear through a representative, the debtor may move the court for relief.
2. A motion pursuant to FRBP 2020 for review of the United States Trustee's denial of a request to reschedule a meeting of creditors or allow appearance through an authorized representative must comply with Local Rule 9013-1(a). The motion must be filed no later than seven (7) days after the movant's receipt of notice of denial.
3. Filing a motion for review of the United States Trustee's decision does not excuse a debtor from attending the meeting of creditors.
4. In cases under chapters 7, 12, and 13, if the debtor's request to reschedule the section 341(a) meeting of creditors is granted, the Debtor is deemed to have consented to and agreed to waive any right to contest, the extension of the deadlines as follows:
a. In chapter 13 cases, the bar date for filing claims - ninety (90) days after the conclusion of the rescheduled section 341(a) meeting of creditors;
b. The deadline for objection to discharge or dischargeability - sixty (60) days after the conclusion of the rescheduled section 341(a) meeting of creditors;
c. The deadline for filing motions for dismissal under sections 707(a) or (b) - sixty (60) days after the conclusion of the section 341(a) meeting of creditors; and d. The time for filing objections to claims of exemptions - thirty (30) days after the conclusion of the section 341(a) meeting of creditors.