UNIFORM DEFINITIONS FOR EXAMINATIONS AND REQUESTS FOR

PRODUCTION OF DOCUMENTS UNDER RULE 2004 Civil Rule 26.3 of the Local District Rules shall apply to requests for examinations and the production of documents under Bankruptcy Rule 2004. 14 Comment This rule was added in 2013 to clarify that the uniform definitions set forth in Civil Rule 26.3 of the Local District Rules are applicable to examinations and the production of documents under Bankruptcy Rule 2004. Pursuant to Local Bankruptcy Rule 7026-1, the uniform definitions are applicable to discovery requests in cases and proceedings. Rule 2007.1-1 ELECTION OF TRUSTEE IN CHAPTER 11 CASES A meeting of creditors convened for the purpose of electing a chapter 11 trustee pursuant to section 1104(b) of the Bankruptcy Code shall be deemed a meeting of creditors under section 341 of the Bankruptcy Code.

Comment This rule clarifies that a meeting convened for the purpose of electing a chapter 11 trustee pursuant to section 1104(b) of the Bankruptcy Code satisfies the requirement of section 702(b) of the Bankruptcy Code that a trustee be elected at a meeting of creditors held under section 341 of the Bankruptcy Code. Rule 2007.2-1 APPOINTMENT OF PATIENT CARE OMBUDSMAN IN A HEALTH CARE BUSINESS CASE Counsel for a debtor that is a “health care business” as defined in 11 U.S.C. § 101(27A) must schedule with the Court a case conference to occur as soon as practicable upon the filing of the bankruptcy petition but no later than fourteen (14) days after the petition date to discuss the provisions of section 333 of the Bankruptcy Code and Bankruptcy Rule 2007.2. If the debtor intends to seek a finding that the appointment of a patient care ombudsman is not necessary then the Court will set a schedule for the consideration of that issue that is consistent with the deadlines set forth in section 333 and Bankruptcy Rule 2007.2. The scheduling of a conference under this Rule shall excuse counsel from the requirement under Local Bankruptcy Rule 1007-2(e) to submit an order scheduling an initial case conference.

Comment This rule was added in 2024. Section 333 of the Bankruptcy Code requires the appointment of a patient care ombudsman in a chapter 7, 9 or 11 case in which the debtor is a health care business and provides that such appointment shall be made “no later than 30 days” after the commencement of the case, unless the court finds that the appointment is not necessary for the protection of patients under the specific facts of the case. Bankruptcy Rule 2007-2(a) further provides that the court “shall” order the appointment of a patient care ombudsman in a chapter 7, 9 or 11 case in which the debtor is a health care business unless the court finds, based on a motion filed no later than 21 days after the commencement of 15 the case, that such an appointment is not necessary under the specific circumstances of the case for the protection of patients. This rule provides a procedure to ensure that any orders and determinations required by Section 333 and Bankruptcy Rule 2007.2 are made within the required time frames.