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

2003-1 MEETING OF CREDITORS & EQUITY SECURITY INTEREST HOLDERS

(a) Scheduling The United States Trustee is responsible for scheduling the date, time and place of the 11 U.S.C. § 341 meeting of creditors.

(b) Duty to Appear

(1) A debtor who is an individual must appear in person at the § 341 meeting of creditors. If the debtor is not an individual, a designated representative of the entity must attend the § 341 meeting. When spouses file jointly, both debtors are required to be present at the § 341 meeting.

(2) When extenuating circumstances prevent a debtor from appearing in person, the trustee or the United States Trustee may approve an alternative appearance for the debtor. Extenuating circumstances may include military service, serious medical condition, or incarceration. In the event the debtor is unable to reach an agreement with the trustee or the United States Trustee for an alternative appearance, the debtor must file either a motion to: (a) approve an alternative appearance, (b) extend the date for the debtor's appearance, or (c) to waive the debtor's appearance. The motion must be made at least 7 days before the scheduled meeting and contain sufficient documentation to support the request. The motion must include a statement that the debtor has attempted to resolve the issue with the United States in advance of filing the motion.

(3) The debtor or the debtor's counsel should notify the trustee and United States Trustee not less than fourteen (14) days in advance of the scheduled § 341 meeting of any disability, such as hearing impairment or limited English proficiency, so that reasonable accommodation can be made.

(4) Without prior approval of the United States Trustee, a third party may not appear for the debtor pursuant to a power of attorney. If a debtor is unable to appear in person, the debtor should request an appearance by alternative means. A third party may appear for the debtor if authorized to act for the debtor by a Court order of competent jurisdiction to enter such order.

(c) Continuances

(1) A party must first direct a request for a continuance to the chapter trustee, as applicable, and in a Chapter 11 case to the United State trustee, at least 7 days before the scheduled meeting. A party may only file a motion for a continuance with the Court if the party believes that the trustee, or the United States Trustee, has unfairly denied the party's request for a continuance.

(2) The trustee may announce to any party present at the meeting of creditors that the trustee is continuing the meeting. If the trustee also announces the date and time of the continued meeting, no further notice is required to parties in interest of the continued meeting.

(3) If a trustee continues the meeting of creditors in advance of the meeting, the party who made the request must obtain the continued date and time from the trustee, provide notice to all parties in interest of the continued date and time, and must file a certificate of notice with the Clerk.

(4) If the trustee announces to any party in interest present at the meeting of creditors that the trustee is continuing the meeting, but the trustee does not give the date and time of the continued meeting, the trustee must subsequently provide notice to parties appearing at the meeting of the continued date and time, and must file a certificate of notice with the Clerk.

(d) Individual Debtor's Duty to Provide Documentation

(1) Personal Identification – Every individual debtor must bring to the § 341 meeting of creditors:

(A) A picture identification issued by a governmental unit, or other personal identifying information that establishes the debtor's identity. Acceptable forms of picture identification (ID) include: • Driver's license, • U.S. government ID, • State ID, • Passport (and current U.S. visa, if not a U.S. citizen), • Military ID, • Resident alien card, or • Identity card issued by a national government authority.

(B) Evidence of social security number(s) or a written statement that the documentation does not exist. Acceptable forms of proof of social security number include, but are not limited to: • Social security card, • Medical insurance card, • Pay stub, • W-2 Form, • IRS Form 1099, or • Social Security Administration (SSA) Statement.

(2) Tax Return – At least seven (7) days before the date first set for the § 341 meeting of creditors, the debtor must provide to the trustee a copy of the debtor's federal income tax return, including attachments, for the most recent tax year ending immediately before the commencement of the case and for which a return was filed. In lieu of the tax return, the debtor may provide a transcript of the tax return or a written statement that the tax return does not exist.

(3) Petition and Schedules – If the petition and schedules have been filed electronically, the debtor must bring to the meeting and present to the trustee the petition and schedules bearing the actual signatures of the debtor.

(4) Other Documents – Prior or subsequent to a § 341(a) meeting, the trustee can ask a debtor to provide documents to corroborate the information contained in the petition, statements, and schedules. The documents may include, but are not limited to: financial statements, loan documents, trust deeds, titles and insurance policies.