Meeting of Creditors
(a) Continuance, Consolidation or Change of Location. Any request to continue the meeting of creditors, to consolidate the meetings of creditors, or to change the location of the meeting of creditors shall be directed to the United States Trustee in chapter 9 or 11 cases or to the case trustee in chapter 7, 12 or 13 cases. If the trustee grants the continuance, the requesting party must immediately file a notice of the new date, time, and location, and serve that notice on all creditors and parties in interest on the master mailing list, and file a certificate of service.
(b) Waiver of Appearance. A motion to waive the appearance of a debtor must be filed with the Court and state with particularity the reasons for the waiver and include a statement that the United States Trustee in a chapter 9 or 11 case, or the case trustee in a chapter 7, 12, or 13 case, has been contacted and their position as to the waiver. The party filing a motion to waive the appearance of a debtor must serve it on the case trustee, United States Trustee, and any party that filed a notice of appearance. In addition to the motion, the debtor must provide to the United States Trustee in a chapter 9 or 11 case, or the case trustee in a chapter 7, 12 or 13 case, a copy of the debtor’s identification documents along with a notarized affidavit attesting to the authenticity of the copied documents and the identity of the debtor. The case trustee and United States Trustee will have seven (7) days to respond to the motion. In the event the debtor has moved out of the jurisdiction and cannot attend the meeting of creditors, a waiver may not be granted in those cases where the debtor can appear at the local office of the United States Trustee.
Notes 2018: Language simplified.
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