Continuance of Meeting of Creditors and 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 to continue the meeting of creditors must be in writing and served on the appointed trustee in debtor’s case. The trustee must receive the request no later than seven days prior to the scheduled meeting. It is the trustee, and not the Court, who must approve the request.

Therefore, the debtor should not file the request with the Court. If the trustee consents to the continuance, then the debtor must immediately file a notice of continued meeting with the Court, serve a copy of the notice on the trustee, all creditors, and parties in interest, and file a certificate of service with the Court evidencing it. (b) Continuance of 11 U.S.C. § 341 Meeting of Creditors at the Scheduled Meeting. In the event a meeting of creditors is continued at the scheduled meeting, the chapter 7 trustee or chapter 13 trustee, as applicable, must file a notice of such continued meeting with the Court indicating the date and time of the continued meeting within seven days.

(c) Extension of 11 U.S.C. §§ 523 and 727 Deadlines. A continuance of the meeting of creditors does not automatically extend the deadline to object to 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. Parties must request extensions of these deadlines as required by Fed. R. Bankr. P. 9006. 5 L.B.R. 2004-1.

Examinations (a) Ex Parte Application. An order for examination pursuant to Fed. R. Bankr. P. 2004 may be issued by the Court on the ex parte application of a party in interest. The moving party must file an appropriate motion together with a proposed order. Such proposed order may not contain provisions in substitution of a subpoena or subpoena duces tecum available pursuant to Fed. R. Civ. P. 45.

(b) Time. Unless otherwise ordered by the Court for good cause shown, the date for the examination or production of documents sought under Fed. R. Bankr. P. 2004(a) must be not less than 14 days after service, by the movant, of the examination order on the party to whom it is directed.