MEETING OF CREDITORS AND EQUITY SECURITY HOLDERS

Rule No: 
2003-1

 

(a)    Proof of Identification.  Individual debtors must provide an acceptable form of picture identification (“ID”) and proof of social security number to the trustee at the meeting of creditors.  Acceptable forms of ID include: 

                         (1)          driver’s license;

                         (2)          government ID;

                         (3)          state picture ID;

                         (4)          student ID;

                         (5)          U.S. Passport;

                         (6)          military ID;

                         (7)          resident alien card; and

                         (8)          consulate card.

Proof of social security number must include all nine digits of the social security number and have been prepared by an entity other than the debtor or an affiliate.  Acceptable proof of the social security number may include:

                         (1)          social security card;

                         (2)          medical insurance card;

                         (3)          pay stub;

                         (4)          W-2 form;

                         (5)          Internal Revenue Service Form 1099; and

                         (6)          Social Security Administration report.

(b)          Requests to Reschedule or Appear Other than in Person.  Requests to reschedule a meeting of creditors or for a debtor’s appearance at a meeting of creditors other than in person are disfavored.

                         (1)          Form and Timing of Request.  Requests should be made at the earliest possible time and in advance of the scheduled date for the meeting of creditors.  The request must include a reason for the modification.

                         (2)          To Whom and How.  Requests to reschedule a meeting of creditors or to appear other than in person must be made by regular mail or email to the chapter 7, 12 or 13 trustee, if applicable, and the United States Trustee by regular mail or email to ustpregion18.se.ecf@usdoj.gov.  The subject line of any email request should state “Request to Reschedule” or “Request to Appear Other Than in Person” with the case name, case number, and date of the currently scheduled meeting of creditors.  The request should not be filed with the court.

                         (3)          Approval.  Within three days of receipt, the trustee or the United States Trustee shall advise if the request has been approved or denied.  If approved, the trustee or the United States Trustee shall notify the debtor of the new date, time, and location of the rescheduled meeting and/or the acceptable manner in which the debtor may appear.

                         (4)          Notice.  If the date, time, or location of the meeting of creditors is changed, the party who requested the change must give written notice to all creditors and parties in interest of the date, time, and location of the rescheduled meeting and file a copy of the notice and a certificate of service with the court.  If some type of alternate appearance has been approved, the notice shall indicate the manner of the appearance.

                         (5)          Court Approval.  If the request for a continued hearing or alternate appearance is denied by the trustee or United States Trustee, the debtor may file a motion seeking court approval of the continuance or alternate appearance.  Any motion must contain an explanation of the need for the modification and a certification that the debtor sought a continuance from the trustee or United States Trustee under paragraphs (b)(1) and (b)(2) of this Rule.

Committee Comment

 

          Parties wishing to continue an 11 U.S.C. § 341 meeting or appear by telephone or by other alternative means should consult the United States Trustee guidelines and procedures.  The guidelines may be found at https://www.justice.gov/ust-regions-r18/region-18-general-information-1.