Local Rule 2003: Bankruptcy Code § 341 Meetings

L.R. 2003 – Bankruptcy Code § 341 Meetings. A. Requests to Reschedule § 341 Meeting. All requests to continue or reschedule 341 meetings must first be directed to the United States Trustee in chapter 11 cases and to the assigned Trustee or interim Trustee, as appropriate, in chapter 7, 12 and 13 cases. Upon agreement between the proponent of the continuance and the appropriate Trustee, it is the responsibility of the proponent to immediately serve notice to all creditors and parties in interest, including the Court, of the new date, time and place of the rescheduled 341 meeting. The proponent shall file a certificate of service with the notice.

B. Requests to Reschedule § 341 Meetings within 7 Days of Meeting. Any request by the debtor to reschedule a 341 meeting within 7 days of the scheduled meeting will require either the debtor or his/her attorney to appear at the scheduled meeting to request that the meeting be rescheduled. If the appropriate Trustee consents to the rescheduling and announces at the regularly scheduled 341 meeting the new 341 meeting date, no further notice to the creditors and parties in interest is required, except that the appropriate Trustee shall advise the Court of the rescheduled hearing date, time and place by making a docket entry using the Court's CM/ECF system.

C. Continuance of the Bankruptcy Code § 341 Meeting Announced at Meeting. The Trustee or the United States Trustee may continue a 341 meeting from time to time by announcement at the regularly scheduled 341 meeting, with no further notice to the creditors and parties in interest being required, except that the appropriate Trustee shall advise the Court of the rescheduled hearing date, time and place by making a docket entry using the Court's CM/ECF system. The minimum amount of time for continuing a 341 meeting is 7 days.

D. Waiver of Attendance. A request by a debtor to be excused from attendance at the 341 meeting of creditors must be made in writing to the Office of the United States Trustee and copied to the case Trustee. The United States Trustee's acceptable grounds for waiver include: medical condition, imprisonment and military assignments that prevent attendance. Any application for waiver of attendance must include supporting documentation, e.g., doctor's letter, court order or military order. Waiver of personal appearance and permission to attend a 341 meeting by telephone must also be approved by the United States Trustee. To appear by telephone, the debtor must be sworn in and identified by a notary, court reporter or other person permitted by law to administer an oath.

E. Disputes. Prior to filing a motion seeking continuance of a 341 meeting or requesting that a joint debtor be excused from a 341 meeting, the movant shall seek such relief from the Trustee. The motion shall state relief from the Trustee has been denied. Failure to do so may result in the denial of the motion by the Court.

F. Failure to Attend the Bankruptcy Code § 341 Meeting. If the debtor in a voluntary case fails to attend the first scheduled 341 meeting without being excused, the Trustee shall list the date, time, and location for a continued 341 meeting by making a docket entry within the Court's CM/ECF system. The minimum amount of time for continuing a 341 meeting is 7 days. If the debtor fails to appear at the second 341 meeting without being excused, the Trustee may file a motion asking that the case be dismissed. The Court may consider the Trustee's motion without a hearing.