[CLBS] Fwd: INFO FROM UST

[Janine Reynard]

Please read the below information being sent by David Newman.  Thanks.

---------- Forwarded message ----------
From: Newman, David W. (USTP) <David.W.Newman at usdoj.gov>
Date: Tue, Jan 29, 2013 at 11:58 AM
Subject: SOMETHING FOR THE LIST SERVE
To: "Janine Reynard (reynardtrustee at gmail.com)" <reynardtrustee at gmail.com>


Janine, would you please forward this message to the list serve?  Thanks.***
*

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>From time to time, exceptional circumstances may require that a meeting of
creditors be continued or that the debtor not appear personally at a §
341(a) meeting. For purposes of planning and avoiding potential conflicts,
please note that the calendar for § 341(a) meeting dates is set one year in
advance. Copies of this calendar are available at www.id.uscourts.gov.****

** **

Any requests to allow a debtor to testify at a  § 341(a) meeting other than
in person at the location noticed in the notice of commencement of case
should be directed to the U.S. Trustee’s Boise Office and copied to the
case trustee.  The request is not filed with the court.  The request must
be made in writing (e-mail is fine), include documentation supporting the
request, and be made at the earliest possible time.  Please do not contact
the U.S. Trustee’s Office in other districts to arrange for the debtor to
testify there.  You will be directed to contact the U.S. Trustee’s Boise
Office.  Please note, these requests are not routinely granted, however,
special procedures apply to active duty service members who are unable to
appear telephonically because of mobilization or deployment.  Additional
guidance is found in the Region 18 United States Trustee Policies for
Rescheduling Meetings of Creditors and Allowing Debtor's Appearance Other
Than In Person which can be found at
http://www.justice.gov/ust/r18/boise/general_info.htm.  ****

** **

The procedure for requesting a continuance of a § 341(a) meeting is set
forth in L.B.R. 2003.1.  The rule is contained at the end of this e-mail
for your convenience.  *Circumstances which may justify rescheduling a §
341(a) meeting include:* (A) The debtor or debtor’s attorney has a medical
or family emergency, unavoidable medical treatment regarding a critical
immediate health threat, or a serious medical condition which prevents
attendance at the meeting; (B)  the death or incapacity of the debtor or
debtor’s attorney; (C) a natural disaster emergency; (D) the debtor’s
incarceration; (E) the debtor’s absence due to active military service; or
(F) other compelling circumstances.  *Circumstances that will not justify
rescheduling a § 341(a) meeting include:* (A) The work schedule of the
debtor or debtor’s attorney, including scheduling conflicts; (B) business
or personal travel by the debtor or debtor’s attorney; (C) a routine
medical appointment for the debtor or debtor’s attorney; (D) the failure of
the debtor or debtor’s attorney to properly calendar the meeting of
creditors; and (E) failure to receive the § 341(a) meeting notice.****

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Please note that if a request to continue the meeting is granted, the
debtor must give written notice to all creditors and parties in interest of
the date, time and location of the rescheduled meeting and file with the
court the notice and a certificate of service.  If the debtor is approved
to appear other than in person, the manner of appearance must be included
in the notice.****

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Lastly, Fed. R. Bankr. P. 1004.1 and Fed. R. Bankr. P. 1016 authorize
appearances by a general guardian, conservator, guardian ad litem, or
similar fiduciary in some circumstances.  If such a representative is
authorized by law to appear on the debtor’s behalf, the representative must
bring to the meeting of creditors (1) a copy of the debtor’s photo
identification. (2) proof of the debtor’s social security number, and (3) a
copy of the document authorizing the individual to appear on the debtor’s
behalf.****

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*LOCAL BANKRUPTCY RULE 2003.1 - SECTION 341(a) MEETING OF CREDITORS*

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(a)       Debtor’s Request to Continue the 11 U.S.C. § 341(a) Meeting.****

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(1)      A request to continue a § 341(a) meeting shall be submitted in
writing to the corresponding Chapter 7, 12, or 13 trustee or, in Chapter 11
cases, to the U.S. Trustee, as soon as possible and, absent unforeseeable
circumstances, not later than 14 days before the scheduled meeting.  A
written request to continue a § 341(a) meeting shall identify the
circumstances rendering the debtor or the debtor’s counsel unable to
appear.  The ****

request is not filed with the Court.****

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(2)       When a written request could not have been made before the §
341(a) meeting, the debtor or debtor’s counsel may request, at the time of
the § 341(a) meeting, that the presiding officer grant a continuance.****

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(3)       In the event a debtor fails to appear at the § 341(a) meeting and
a request for a continuance could not have been made at or before the
meeting, the debtor or debtor’s attorney may submit to the U.S. Trustee a
written request that the debtor be permitted to appear at a continued §
341(a) meeting. The request must demonstrate that unavoidable circumstances
caused the failure to appear.  The request must be submitted to the U.S.
Trustee not later than 7 days after the scheduled meeting.****

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(b)       Notice and service.****

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If a debtor’s request to continue the §341(a) meeting is granted, the
debtor or debtor's attorney must serve notice of the continuance on all
creditors as soon as possible and not later than 7 days before the
originally scheduled § 341(a) meeting or, if the continuance was granted
at, or after the § 341(a) meeting, as soon as possible and not later than 7
days before the date of the continued § 341(a) meeting. The notice must
include the date, time, and location of the continued § 341(a)  meeting,
and, if the case is a chapter 13, the notice must also include the date,
time and location of the confirmation hearing. Proof of service of the
notice of continuance must be filed with the clerk and must list each party
served and their mailing address.****

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(c)       Waiver of meeting.****

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A request pursuant to § 341(e) that the § 341(a) meeting of creditors
and/or equity security holders not be convened, shall be made to the court
at the time of filing the petition for relief. If not timely filed, the
right to seek such relief shall be deemed waived.****

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(d)       Dismissal.****

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If the debtor fails to appear at the §341(a) meeting the U.S. Trustee or
other party in interest may move for an order of dismissal. The motion may
be filed pursuant to the negative notice procedures provided in these Local
Bankruptcy Rules.****

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(e) Notice to other courts.****

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The debtor's attorney (or the debtor if pro se) shall provide a notice of
the commencement of the bankruptcy case to all courts in which the debtor
is known to be a party. Such notice shall reasonably identify to such
court(s) the case or action affected by the debtor’s bankruptcy.****

______________________________________________________________________________
****

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Respectfully,****

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*David W. Newman*

United States Department of Justice****

Assistant United States Trustee****

District of Idaho****

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