Continued Meetings

In every case where the Trustee has not received the information he needs at the first meeting of creditors to discharge his duties, a continued hearing will be scheduled.  In addition, the OUST has asked trustees to continue any meeting in which the documents required by 11 USC 521 and Rule 4002 have not been supplied, because the new law requires the OUST to file a 707(b) report 10 days after the conclusion of the 341 hearing.  Continued meetings are typically held 10 days after the 341 hearing.  Because the Trustee’s report must be filed the same day it is critical that information is timely supplied to the Trustee.  If the debtor does not appear at the continued meeting a Notice of Non-Appearance is filed with the Court and the case is recommended for dismissal.  In addition, correspondence will be sent to the OUST regarding whether further investigation under 707(b) should be made.

If a continued hearing is scheduled, the trustee must appear at that hearing to ensure an extension of the OUST’s deadline for filing the 707(b) report.  However, the debtor and debtor’s attorney need not appear if all requested material has been supplied prior to that date and the trustee has confirmed receipt.