Meeting of Creditors
(a) Continuance, Consolidation or Change of Location. Any request to continue the meeting of creditors, to consolidate the meetings of creditors in several cases, or to change the location of the meeting of creditors shall be directed to the United States Trustee in chapter 9 or 11 cases or to the case trustee in chapter 7, 12 or 13 cases. If the trustee grants the continuance, the movant shall immediately file a notice of the new date, time, and location, and serve that notice on all creditors and parties in interest on the master mailing list, and file a certificate of service.
(b) Waiver of Appearance. A motion to waive the appearance of a debtor shall be filed with the court and state with particularity the reasons for the waiver and include a statement that the United States Trustee in a chapter 9 or 11 case, or the case trustee in a chapter 7, 12, or 13 case, has been contacted and if the United States Trustee or case trustee has an objection to the waiver. In addition to the motion, the debtor must provide to the United States Trustee in a chapter 9 or 11 case, or the case trustee in a chapter 7, 12 or 13 case, a copy of the debtor’s identification documents along with a notarized affidavit attesting to the authenticity of the copied documents and the identity of the debtor. The party filing a motion to waive the appearance of a debtor must serve copies on the case trustee, United States Trustee, and any party that filed a notice of appearance. The case trustee and United States Trustee shall have seven days to respond to the motion. In the event the debtor has moved out of the jurisdiction and cannot attend the meeting of creditors, a waiver will not be granted in those cases where the debtor can appear at the local office of the United States Trustee and make a telephonic appearance.
Related Code Sections and Rules: 11 U.S.C. §§ 341 and 343; Rule 2003.
Committee Notes 2009: Time deadlines have been amended to be consistent with amendments to the Federal Rules of Bankruptcy Procedure, effective December 1, 2009.
Committee Notes 2007: Changes to Rule 2003-1 were made to address concerns that adequate notice be provided when § 341 meetings are changed. The chapter 13 trustees, in particular, were interested in these modifications.
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