Meeting of Creditors & Equity Security Holders

U.S. Bankruptcy Court for the Middle District of Tennessee

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Middle District of Tennessee

Rule: 2003-1

Jurisdiction: MDTNB

Bluebook Citation: Bankr. M.D. Tenn. R. 2003-1

(a) Failure of Debtor to Appear at the Meeting of Creditors. Failure of the debtor in a voluntary case to appear at a scheduled meeting of creditors constitutes cause for dismissal. The trustee or the United States trustee may file a Report of Nonappearance, Notice and Motion to Dismiss, by selecting the applicable ECF docket entry. Any objection to the dismissal of a case must be filed within 21 days from entry of the Notice and Motion to Dismiss.

If no timely objection is filed, an Order of Dismissal will be entered by the clerk. (b) Notice of Meeting of Creditors Rescheduled upon Debtor’s Request or After Dismissal. When the debtor’s case has been dismissed and the dismissal is subsequently set aside, or if a meeting of creditors is rescheduled upon request of the debtor, the debtor shall obtain another date for the meeting of creditors from the United States trustee or from the Chapter 13 trustee in Chapter 13 cases, and the debtor shall give notice of the rescheduled meeting to the trustee, the United States trustee, all creditors and all parties in interest no later than 7 days after obtaining the rescheduled meeting date, and shall file a certificate of service in accordance with LBR 9013-3. (c) Prisoners.

Motions and orders to produce prisoners for a meeting of creditors must be filed at least 14 days before the scheduled meeting. (d) Video Presentation. In all Chapter 7, 12 and 13 cases in which a debtor is an individual, the debtor(s) shall view a video presentation prior to the meeting of creditors as directed by their trustee. This requirement shall not apply to debtors whose meetings of creditors are conducted by interrogatories.

(e) Holding Open Chapter 13 Meeting of Creditors. In Chapter 13 cases, the standing Chapter 13 trustee, United States trustee, or any designated presiding officer approved by the United States trustee may hold open a meeting of creditors for purposes of 11 U.S.C. § 1308 by following these procedures: (1) Announcement. A public announcement shall be made at the meeting of creditors stating the meeting of creditors is held open and stating the date the hold open period ends. (2) CM/ECF Docket Entry.

An appropriate entry shall be made on the CM/ECF docket indicating the meeting of creditors is held open and stating the date the hold open period ends. 4 2004-1 Depositions & Examinations (a) Issuance of Order. Upon request of any party in interest for the examination of any entity pursuant to FED. R. BANKR. P. 2004, the clerk is authorized to issue an order directing the examination pursuant to FED. R. BANKR. P. 2004. (b) Form of Examination.

Upon the request of any party in interest in accordance with this rule, a FED. R. BANKR. P. 2004 examination may be conducted in any manner consistent with FED. R. CIV. P. 30, 31, 33 or 34 to the extent not inconsistent with FED. R. BANKR. P. 2004. 2007.2-1 Appointment of a Patient Care Ombudsman in a Health Care Business Case If the debtor in a case under Chapter 7, 9 or 11 is a health care business, the debtor shall, at the time of the petition, separately file a motion to determine whether appointment of a patient care ombudsman is necessary pursuant to 11 U.S.C. § 333(a).

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