Local Rule LOCAL RULE 2007.1-1: TRUSTEES & EXAMINERS (CH. 11)
Bankr. M.D.N.C. — General rule
LOCAL RULE 2007.1-1 TRUSTEES & EXAMINERS (CH. 11)
(a) Election of Trustee in a Chapter 11 Case other than under Subchapter V.
(1) Request for an Election. A request to convene a meeting of creditors for the purpose of electing a trustee in a chapter 11 reorganization case (other than one under subchapter V) must be filed and transmitted to the bankruptcy administrator in accordance with Rule 5005 of the Federal Rules of Bankruptcy Procedure within the time prescribed by 11 U.S.C. § 1104(b). Pending court approval of the person elected, the person appointed trustee under 11 U.S.C. § 1104(d) will serve as trustee.
(2) Manner of Election and Notice.
(A) Election. An election of a trustee under 11 U.S.C. § 1104(b) must be conducted in the manner provided by Rules 2003(b)(3) and 2006 of the Federal Rules of Bankruptcy Procedure.
(B) Notice. Notice of the meeting of creditors convened under 11 U.S.C. § 1104(b) must be given in the manner and within the time provided by Rule 2002(a) of the Federal Rules of Bankruptcy Procedure.
(C) Proxy. A proxy for the purposes of voting in the election may be solicited only by a creditor's committee appointed under 11 U.S.C. § 1102 or by any other party entitled to solicit a proxy under Rule 2006 of the Federal Rules of Bankruptcy Procedure.
(3) Resolution of Disputes. If it is necessary to resolve a dispute regarding the election, the bankruptcy administrator must promptly file a report informing the court of the dispute. If a motion to resolve the dispute is not filed within 14 days after such report is filed, the bankruptcy administrator must file a motion to approve the appointment of a trustee.
(b) Appointment of Trustee in a Subchapter V Case.
If the court has not appointed one or more standing trustees to serve in cases under subchapter V of chapter 11, the bankruptcy administrator must promptly file a notice identifying the disinterested individual who will serve as the trustee in a subchapter V case, including the individual's name and address.