Local Rule LR 4.01 / LR 2003-1: Section 341 Meeting of Creditors
Bankr. S.D. W.Va. — General rule
The United States Trustee shall be responsible for scheduling the date, time and place of the Section 341 meeting of creditors.
(a) Motion to proceed with case absent debtor's attendance at Section 341 meeting.
In the event of extreme life or health endangering circumstances and no alternative means of examining the debtor, the debtor may request that the Court permit the case to proceed without the debtor's attendance at the Section 341 meeting by filing a motion to excuse. Any such motion shall specifically state the circumstances which make the debtor unable to attend the meeting. Representations that a debtor's health prohibits his attendance should be verified by a statement signed by the debtor's physician. All such motions must also reflect that debtor's counsel has contacted the Office of the United States Trustee in an attempt to find an alternate means of examining the debtor. Upon the filing of a motion to excuse and proper service of such motion upon the trustee and United States Trustee, the Court shall schedule a hearing to consider such motion and the Clerk shall give notice of such hearing to all parties in interest.
The Bankruptcy Clerk shall have the authority to enter a form order which denies a motion to excuse debtor from attendance at the Section 341 meeting of creditors and instructs the debtor and his counsel of the requirements of local Rule 4.01(a).
(b) Counsel for the debtor(s) to mail notice of continued Section 341 meeting.
In the event a debtor fails to appear for a Section 341 meeting of creditors or requests continuance of such a meeting after the initial notice of the meeting has been mailed by the Clerk, counsel for the debtor shall obtain a notice of the continued meeting from the Office of the United States Trustee and shall mail such notice of the continued meeting to all creditors, the trustee, and the United States Trustee within the time specified by the United States Trustee. Counsel for the debtor shall file with the Court a certificate of such service, within three (3) days of such mailing.
Cross reference Bankruptcy Rule 2003 11 U.S.C. § 341