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

RULE 2003-1 MEETING OF CREDITORS & EQUITY SECURITY HOLDERS

(A) Policy: [Repealed]

(B) Possible Dismissal for Failure to Appear

(1) Possible Dismissal of Case; Notice: Notice of possible dismissal for failure to attend the meeting of creditors shall be provided in the notice of §341 meeting.

(2) Possible Dismissal of Case; Order: Upon certification by the United States trustee that either debtor or debtor's counsel has not appeared at a meeting of creditors, the Clerk shall issue an order for the debtor to appear and explain why the case should not be dismissed.

(3) Asset Chapter 7 and 11 Cases: In a chapter 7 or 11 case, upon certification by the United States trustee that either debtor or debtor's counsel has not appeared at a meeting of creditors and that it appears that there may be assets available for distribution to creditors, the Clerk shall issue a notice to show cause to the debtor and debtor's attorney.

(4) Rescheduled Meeting of Creditors; Notice: If the order dismissing the case is subsequently vacated by the Court, the Court will assign a new date and time for a rescheduled meeting of creditors. The order vacating the prior dismissal of the case will constitute proper written notice to all creditors and other parties in interest of the rescheduled meeting of creditors pursuant to this rule.

(C) Rescheduled Meeting of Creditors; Notice: If the United States trustee agrees before a meeting of creditors to reschedule the meeting at the request of the attorney for the debtor(s), or the debtor(s), if pro se, then the attorney for the debtor(s), or the debtor(s), if pro se, shall forthwith obtain from the United States trustee, a new date and time for a rescheduled meeting of creditors. Within 7 days of obtaining a new date and time for a rescheduled meeting of creditors, the attorney for the debtor(s) or the debtor(s), if pro se, shall serve written notice of the rescheduled meeting of creditors to all creditors and other parties in interest and file proof of service with the Clerk. Notice shall be given in a form approved by the Clerk.

Comments 2003-1(B) Suggestion made by the Norfolk U.S. Trustee and Chapter 13 Trustee to require the debtor to provide the proper notice of the rescheduled meeting.

2003-1(B) This change retains the automatic dismissal provisions of the Local Bankruptcy Rules, which have proved effective, but now encourages the prompt prosecution and administration of the case. At the same time, the change limits the ability for a quick exit not subject to the review of the trustee, creditors or the court in those circumstances where abuse is likely to occur. [Change effective 2/1/00.]

2003-1(B) The phrase "or has appeared not ready to proceed" has been removed where it appears in paragraph (B). [Change effective 09/03/13.]

2003-1(C) This change deletes the requirement that the notice of the rescheduled meeting note the automatic extension of the deadline to file objections to discharge and complaints to determine dischargeability to 60 days after the new date set forth for the meeting. Exhibit 8 has been modified to conform to this change. [Change effective 7/1/00.]

2003-1(C) Suggestion made by the Norfolk U.S. Trustee and Chapter 13 Trustee to require the debtor to provide the proper notice of the rescheduled meeting. In addition, this rule now requires that the notice of the rescheduled meeting note the automatic extension of the deadline to file objections to discharge to 60 days after the new date set for the meeting. Please refer to Exhibit 8 for a copy of the approved form notice.

Exhibit 8 (Hearings/Meetings - Notice of Rescheduled Meeting of Creditors) was deleted as an exhibit. This form is available at the Court's Internet web site http://www.vaeb.uscourts.gov. The former exhibit 8 is in Adobe Acrobat format. [Change effective 3/1/01.] [Updated Comment effective 12/22/20.]

2003-1(B)(2) This change is intended to clarify the application of the rule to Chapter 7, 11, 12 and 13 cases. [Change effective 4/1/03.]

2003-1(B)(3) This change clarifies that the United States Trustee's certification for the Clerk's issuance of a rule to show cause is applicable only to Chapter 7 and 11 asset cases. [Change effective 4/1/03.]

2003-1(B)(4) While the United States Trustee is responsible for administering meetings of creditors, new meeting dates under the rule best can be provided by the Judge or by the Clerk's Office. [Change effective 4/1/03.]

2003-1(B)(4) This rule clarifies the period of time in which the attorney for the debtor(s), or the debtor(s), if pro se, must serve notice of a rescheduled meeting of creditors on all creditors and other parties in interest. [Change effective 8/1/03.]

2003-1(C) The first sentence of the rule has been deleted as being inconsistent with the statutory responsibilities of the United States Trustee. The rule also clarifies that only the United States Trustee may permit the rescheduling of a meeting of creditors. [Change effective 8/1/03.]

The rule also has been amended to conform to the service of notice change made in Rule 2003-1(B)(4). [Change effective 8/1/03.]

2003-1(A) This rule has been repealed to conform the Court's practice to that of the other courts in United States Trustee Region 4. [Change effective 8/1/03.]

2003-1 Time-computation adjustments have been made, as needed, to conform to a revision to the Federal Rules of Bankruptcy Procedure that takes effect December 1, 2009. Stylistic changes have been made to the text of the LBR as well. [Changes effective 12/01/09.]

2003-1 A stylistic change is made whereby the term "rule" is deleted where it appears in the text. [Changes effective 12/1/15.]

2003-1 Subparagraph (B)(2)(a) and (b) are consolidated and amended as a result of the holding in No v. Gorman, 891 F.3d 138 (4th Cir. 2018). [Changes effective 11/15/19.]

2003-1(B) This rule is amended to conform to the Court's standard practice of issuing an order that provides notice of a rescheduled meeting of creditors where such meeting is a condition of the Court's order vacating dismissal of a case. [Changes effective 08/01/23.]