Local Rule Rule 2003-1: Debtor's Failure to Appear at the Meeting of Creditors in a Chapter 7, Chapter 12 or Chapter 13 Case

Rule 2003-1 Debtor's Failure to Appear at the Meeting of Creditors in a Chapter 7, Chapter 12 or Chapter 13 Case

(a) When the Debtor Fails to Appear. If a debtor in a voluntary Chapter 7, Chapter 12 or Chapter 13 case fails to appear at a meeting of creditors, the trustee may give notice to creditors of the trustee's intent to file a motion to dismiss the case by an announcement at the meeting of creditors. The announcement must advise that: (1) the trustee intends to file a motion to dismiss the case for the debtor's failure to attend the meeting; (2) the deadline for a creditor to file an objection to dismissal is 14 days after the motion is filed; and (3) if an objection is not timely filed, the court may enter an order dismissing the case without a hearing. The trustee must promptly file a proof of such oral notice with the motion to dismiss.

(b) Response to Motion to Dismiss. The deadline to file a response to the motion is 14 days after the motion is filed. The debtor's response must include affidavits or declarations of persons with actual knowledge of any facts explaining or justifying the debtor's failure to appear at the meeting of creditors together with any documentary corroborating evidence.

(c) Upon a Failure to Respond. If no party files a timely response, the trustee may file a certification of non-response. The court may thereafter enter an order dismissing the case without a hearing.

(d) Upon a Timely Response. If a timely response is filed, the court will schedule a hearing with notice to the trustee, the debtor and any creditor that filed a timely objection.

(e) A New Date for a Meeting of Creditors. When a debtor fails to appear at a meeting of creditors and subsequently a new date for a meeting of creditors is established, then: (1) the new date must be stated in an order entered upon either a motion or a stipulation between the trustee and the debtor, with the proposed order attached; (2) the deadlines under F.R.Bankr.P. 4007 and F.R.Bankr.P. 4004 for filing a complaint under § 523 or § 727, respectively, are extended as if the new date for the meeting of creditors is the first date scheduled; (3) in a chapter 13 case that is dismissed and then reinstated, the clerk will issue a notice of the new date for the meeting of creditors, the new deadlines under subpart (e)(2) and, if established, the new date for the hearing on confirmation of the chapter 13 plan; and (4) in all other cases, the debtor must serve notice of the new date for the meeting of creditors and the new deadlines under subpart (e)(2), except that the clerk will serve the notice if the debtor is pro se.