5/22/2023 0 Comments Bankruptcy checklist pro seThe adjournment but no service of the notice is being made by the court or trustee via CM/ECF or any other means.ĮMAIL TRUSTEE. According to the advisory note to this rule amendment, the new requirement is intended “to provide notice to parties in interest not present at the initial meeting of the date and time to which the meeting has been continued.” The docketed statement is intended to serve as notice of The Rule, as amended, requires that the trustee file a statement on the docket upon the adjournment or continuance of a 341(a) Meeting of Creditors. On December 1, 2011, amendments to Federal Rules of Bankruptcy Procedure, Rule 2003(e) became effective. The Debtor shall appear and submit to examination under oath at the Meeting of Creditors under 11 U.S.C. As a result a show cause order will issue setting a hearing to determine whether the court should dismiss the case for failure of the debtor to appear at the meeting of creditors. If the Debtor misses two meeting dates, the Trustee will notify the Office of the United States Trustee which in turn will notify the Bankruptcy Court. You can check your case docket for the continued date. Trustee, and for filing a certificate of service for the notice of continuance with the court.Īs a practical matter, the Trustee usually continues the meeting for his next date. If the trustee determines that a continuance of the meeting is warranted, debtor’s counsel will be responsible for providing notice of the continued meeting date and time to all creditors, the trustee, the U.S. Unless directed otherwise by the trustee, debtor(s) counsel/pro se debtor(s) shall file said motion with the Bankruptcy Court immediately upon the trustee’s granting of a continuance request, and shall serve a copy of the Consent Motion on all parties in interest in accordance with Local Bankruptcy Rule 9013-4.Ī request for a continuance received less than eight (8) days prior to the scheduled meeting date will not be considered absent emergency circumstances. § 341) Continuance Request Form to the case trustee at least eight (8) days prior to the meeting date.ĭebtor’s counsel must also submit to the trustee a photocopy of an executed consent motion to extend the time for all parties in interest to file complaints objecting to the discharge of the debtor(s) for a period of 60 days after the entry of the consent order (the “Consent Motion”). If a debtor will be unable to attend the first scheduled Section 341 Meeting of Creditors, debtor’s counsel must submit a Meeting of Creditors (11 U.S.C. Section 341 Meetings of Creditors will not be automatically rescheduled for debtors who fail to attend their first scheduled meeting. Requests for a continuance should be sent to the Trustee with an explanation for the request as soon as possible before the §341 Meeting of Creditors. The Trustee only grants continuances in those cases where there is a medical emergency, illness, or death. Procedure for Continuance of 341 Meeting of Creditors
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