Rule 2003-1 : Meeting of Creditors & Equity Security Holders


(a) Debtor’s Request for Continuance of 11 U.S.C. § 341 Meeting of Creditors Prior to Scheduled Meeting: A debtor’s request for a continuance of the meeting of creditors must be in writing and served on the appropriate trustee no less than seven (7) days prior to the date and time of the scheduled meeting. A request for a continuance is not filed with the court. If a trustee consents to the continuance, the debtor must immediately file a notice of continued meeting with the court, serve a copy of the notice on the trustee and all creditors and parties in interest, and file a certificate of service with the court evidencing same.

(b) Continuance of 11 U.S.C. § 341 Meeting of Creditors At the Scheduled Meeting: In the event an 11 U.S.C. § 341 meeting of creditors is continued at the scheduled meeting, no later than three (3) court days following the date first set for the meeting of creditors or any subsequent continued meeting date, the chapter 7 trustee or chapter 13 trustee, as applicable, must file an electronic docket entry indicating that the meeting is continued and the date and time of the continued meeting.

(c) Continuance of §§ 522, 523 and 727 Deadlines: A continuance of the meeting of creditors does not automatically continue the deadline to object to the debtor’s claim of exemptions, the discharge of a debtor in a Chapter 7 or the dischargeability of a particular debt owed by the debtor in either Chapter 7 or Chapter 13. Extensions of these deadlines must be requested by timely motion and require the entry of an order.

Commentary

[Source: L.B.R. 203 and GPO 2006-3]

The purpose of L.B.R. 2003-1 is to assist in the appropriate administration of chapter 7 and chapter 13 cases. It is imperative for the court’s docket sheet to clearly reflect all continued meetings of creditors and the date to which the meeting is continued.