Procedure for Continuance of 341 Meeting of Creditors
- MANDATORY APPEARANCE. The Debtor shall appear and submit to examination under oath at the Meeting of Creditors under 11 U.S.C. § 341, pursuant to 11 U.S.C. §343 (2007).
- CHAPTERS 12 and 13. If a continuance of the Meeting of Creditors is desirable for any reason, the Debtor’s Attorney shall notify the Chapter 13 Trustee as promptly as possible, in which case, the Debtor’s personal appearance may be continued to a later date, but not excused, in the discretion of the Trustee.
CHAPTERS 7 and 11. If a continuance of the Meeting of Creditors is needed for any reason, the Debtor’s Attorney shall notify the Bankruptcy Administrator, by telephone and in writing (by facsimile), as promptly as possible, in which case the Debtor’s personal appearance may be continued to a later date, but not excused, in the discretion of the Bankruptcy Administrator.
The letter sent to the Bankruptcy Administrator shall provide information regarding the Debtor’s circumstances, the exigency and severity of the Debtor’s problems, for how long these problems are expected to persist and that the Trustee, if any, has been advised and consents to the continuance. Supporting documentation (military orders, doctor’s note, etc.) should be provided with the letter.
- NOTICE OF CONTINUANCE. As soon as the Bankruptcy Administrator makes a decision regarding the request for a continuance in a Chapter 7 or 11 case, the attorney or pro se debtor making the request will be notified. Should the request be granted, the Bankruptcy Administrator will prepare and file with the Court a Notice of Continuance of that Debtor’s Section 341 meeting. The Notice of Continuance shall be served on all creditors and parties in interest (including the Chapter 7 Trustee) by the debtor’s counsel, and a certificate of service filed with the court.
- FAILURE TO APPEAR. Failure to attend the Section 341 meeting without the prior agreement of the Chapter 13 Trustee or the Bankruptcy Administrator, as applicable, may result in the filing of a Motion to Dismiss the case by the Trustee or the Bankruptcy Administrator.
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