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

RULE 2003-1 MEETING OF CREDITORS & EQUITY SECURITY INTEREST HOLDERS

(a) In Chapter 11 cases, a continuance of the 11 U.S.C. § 341 meeting of creditors shall be sought through the Bankruptcy Administrator. In Chapter 7, Chapter 12, or Chapter 13 cases, a continuance of the 11 U.S.C. § 341 meeting of creditors shall be sought through the appropriate trustee.

(1) Continuing § 341 meeting of creditors prior to the initially scheduled date:

(A) After communicating with the Bankruptcy Administrator or the appropriate trustee, Debtor shall file a Notice of Continued § 341, using Local Form 3, providing notice to all creditors of the continued § 341 meeting.

(B) If the continuance is for an amended or modified plan that requires notice to all creditors, after communicating with the appropriate trustee, Debtor shall file a Notice of Continued § 341, using Local Form 3(a) or Local Form 3(b), providing notice to all creditors of the continued § 341 meeting and the amended/modified plan, if applicable, and appear at the continued hearing.

(2) Continuing § 341 meeting of creditors after the initially scheduled date:

(A) If the continuance is for informal or administrative purposes, the Bankruptcy Administrator or the appropriate trustee shall provide notice of the continued § 341 meeting of creditors by a proceeding memo on CM/ECF.

(B) If the continuance is for an amended or modified plan that requires notice to all creditors, after communicating with the appropriate trustee, Debtor shall file a Notice of Continued § 341, using Local Form 3(b), providing notice to all creditors of the continued § 341 meeting and the amended/modified plan, if applicable, and appear at the continued hearing.

(b) Excusing a debtor's appearance at § 341 meetings of creditors:

(1) Upon filing a motion to excuse supported by affidavit and/or other documentation, a debtor may be excused from personally appearing at the meeting of creditors for good cause shown. Inconvenience to a debtor is not a sufficient basis to excuse a debtor's appearance. Supporting documentation may include the following:

(A) A statement from a debtor's physician in support of motions to excuse due to a debtor's physical or mental condition.

(B) Copies of deployment orders in support of motions to excuse due to a debtor's military deployment.

(C) Copies of a judgment and conviction or other process of court which has ordered incarceration in support of motions to excuse due to a debtor's incarceration.

(2) Unless otherwise ordered, the debtor shall file completed interrogatories on a form supplied by the trustee or the Bankruptcy Administrator no later than fourteen (14) days after the date of the order excusing a debtor's personal appearance. Additionally, the debtor shall promptly respond to any reasonable follow-up questions unless physically unable to do so.