Paragraph (A)(2) is deleted as is the heading to paragraph

U.S. Bankruptcy Court for the Eastern District of Virginia

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Eastern District of Virginia

Rule: 2002-1

Jurisdiction: EDVAB

Bluebook Citation: Bankr. E.D. Va. R. 2002-1

All Rules: Bankr. E.D. Va. Local Bankruptcy Rules, complete index


Text

(A)(1). Paragraph (B) is deleted. Paragraphs (C), (D), (E), (F), (G) and (H) become paragraphs (B), (C), (D), (E), (F) and (G), respectively. New subparagraph (B)(1)(a) is amended.

New paragraph (C) is amended by re-titling the header, striking paragraph (C)(1) and (C)(2), 19 RULE 2003-1 MEETING OF CREDITORS & EQUITY SECURITY HOLDERS deleting the header at paragraph (C)(3) and modifying the text by delet- ing all text through the word “means” and making other noted changes; and deleting the word “paper” at paragraph (F) and inserting in lieu thereof the word “document.” Stylistic changes have been made to the text as well. LBR 2002-1(H) is derived from former Interim Pro- cedure 2002-1(I). In addition, time-computation adjustments have been made, as needed, to conform to a revision to the Federal Rules of Bankruptcy Procedure that takes effect December 1, 2009. [Changes effective 12/01/09.] Paragraph (F) A conforming technical change is made to paragraph (F), therein, by re-designating paragraph (C)(8) as paragraph (D)(8). [Change effective 12/1/22.] RULE 2003-1 MEETING OF CREDITORS & EQUITY SECURITY HOLDERS (A) Policy: [Repealed] (B) Possible Dismissal for Failure to Appear (1) Possible Dismissal of Case; Notice: Notice of possible dismissal for failure to at- tend the meeting of creditors shall be provided in the notice of §341 meeting. (2) Possible Dismissal of Case; Order: Upon certification by the United States trustee that either debtor or debtor's counsel has not appeared at a meeting of creditors, the Clerk shall issue an order for the debtor to appear and explain why the case should not be dismissed.

(3) Asset Chapter 7 and 11 Cases: In a chapter 7 or 11 case, upon certification by the United States trustee that either debtor or debtor’s counsel has not appeared at a meeting of creditors and that it appears that there may be assets available for distribution to creditors, the Clerk shall issue a notice to show cause to the debtor and debtor’s attorney. (4) Rescheduled Meeting of Creditors; Notice: If the order dismissing the case is subsequently vacated by the Court, the Court will assign a new date and time for a rescheduled meeting of creditors. The order vacating the prior dismissal of the case will constitute proper written notice to all creditors and other parties in interest of the rescheduled meeting of creditors pursuant to this rule. (C) Rescheduled Meeting of Creditors; Notice: If the United States trustee agrees before a meeting of creditors to reschedule the meeting at the request of the attorney for the debtor(s), or the debtor(s), if pro se, then the attorney for the debtor(s), or the debtor(s), if pro se, shall forthwith obtain from the United States trustee, a new date and time for a rescheduled meeting of creditors.

Within 7 days of obtaining a new date and time for a rescheduled meeting of creditors, the attorney for the debtor(s) or the debtor(s), if pro se, shall serve written notice of the re- scheduled meeting of creditors to all creditors and other parties in interest and file proof of ser- vice with the Clerk. Notice shall be given in a form approved by the Clerk. 20 RULE 2003-1 MEETING OF CREDITORS & EQUITY SECURITY HOLDERS Comments 2003-1(B) Suggestion made by the Norfolk U.S. Trustee and Chapter 13 Trustee to require the debtor to provide the proper notice of the rescheduled meeting. 2003-1(B) This change retains the automatic dismissal provisions of the Local Bankruptcy Rules, which have proved effective, but now encour- ages the prompt prosecution and administration of the case.

At the same time, the change limits the ability for a quick exit not subject to the review of the trustee, creditors or the court in those circumstances where abuse is likely to occur. [Change effective 2/1/00.] 2003-1(B) The phrase “or has appeared not ready to proceed” has been re- moved where it appears in paragraph (B). [Change effective 09/03/13.] 2003-1(C) This change deletes the requirement that the notice of the re- scheduled meeting note the automatic extension of the deadline to file ob- jections to discharge and complaints to determine dischargeability to 60 days after the new date set forth for the meeting. Exhibit 8 has been modi- fied to conform to this change. [Change effective 7/1/00.] 2003-1(C) Suggestion made by the Norfolk U.S. Trustee and Chapter 13 Trustee to require the debtor to provide the proper notice of the resched- uled meeting. In addition, this rule now requires that the notice of the re- scheduled meeting note the automatic extension of the deadline to file ob- jections to discharge to 60 days after the new date set for the meeting. Please refer to Exhibit 8 for a copy of the approved form notice.

Exhibit 8 (Hearings/Meetings - Notice of Rescheduled Meeting of Credi- tors) was deleted as an exhibit. This form is available at the Court’s Inter- net web site http://www.vaeb.uscourts.gov. The former exhibit 8 is in Adobe Acrobat format. [Change effective 3/1/01.] [Updated Comment effective 12/22/20.] 2003-1(B)(2) This change is intended to clarify the application of the rule to Chapter 7, 11, 12 and 13 cases. [Change effective 4/1/03.] 2003-1(B)(3) This change clarifies that the United States Trustee’s certifi- cation for the Clerk’s issuance of a rule to show cause is applicable only to Chapter 7 and 11 asset cases. [Change effective 4/1/03.] 2003-1(B)(4) While the United States Trustee is responsible for administer- ing meetings of creditors, new meeting dates under the rule best can be pro- vided by the Judge or by the Clerk’s Office. [Change effective 4/1/03.] 2003-1(B)(4) This rule clarifies the period of time in which the attorney for the debtor(s), or the debtor(s), if pro se, must serve notice of a rescheduled meeting of creditors on all creditors and other parties in interest. [Change effective 8/1/03.] 2003-1(C) The first sentence of the rule has been deleted as being incon- sistent with the statutory responsibilities of the United States Trustee. The 21 RULE 2004-1 EXAMINATION rule also clarifies that only the United States Trustee may permit the resched- uling of a meeting of creditors. [Change effective 8/1/03.] The rule also has been amended to conform to the service of notice change made in Rule 2003-1(B)(4). [Change effective 8/1/03.] 2003-1(A) This rule has been repealed to conform the Court’s practice to that of the other courts in United States Trustee Region 4. [Change effective 8/1/03.]

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