U.S. Department of Justice

Office of the United States Trustee

Western District of New York

New Federal Office Building	(585) 263-5812

100 State Street, Room 6090	FAX (585) 263-5862

Rochester, New York 14614

NOTICE

ADJOURNMENT OF CHAPTER 7 & 13

§ 341 MEETINGS OF CREDITORS

11 U.S.C. §§ 341 and 343 mandate that "the debtor shall appear and submit to examination under oath at the meeting of creditors." The debtor's attorney should be present with the debtor at the meeting. The Federal Rules of Bankruptcy Procedure require the meeting to be held within 40 days of the filing date in chapter 7 cases and 50 days in chapter 13 cases (60 days for cases held in Watkins Glen). The Bankruptcy Court is required to give 21 days notice of the meeting.

I. IF THE § 341 MEETING NOTICE HAS ALREADY BEEN SENT BY THE COURT:

a. If more than ten days remain before the scheduled § 341 meeting, the case can be adjourned if the debtor's attorney obtains the case trustee's consent and sends a Notice of Adjourned § 341 Meeting of Creditors (see attached sample) to all creditors, the case trustee, the United States Trustee, and the Bankruptcy Court at least ten days prior to the originally scheduled § 341 meeting. An affidavit of mailing must be filed with the United States Trustee and the Bankruptcy Court. The new meeting date should be obtained from the case trustee (not the United States Trustee).

b. If the debtor has a medical emergency that makes him/her unable to appear, counsel must notify the case trustee before the scheduled § 341 meeting. Counsel should appear at the originally scheduled § 341 meeting to answer questions by creditors and/or the trustee.

c. In all other instances where the debtor fails to appear at the § 341 meeting, a motion to: 1) dismiss the case, 2) hold the debtor in contempt, and/or 3) for trustee costs will be brought.

II. ATTORNEY NON-APPEARANCES: Attorneys are expected to accompany their clients to the § 341 meetings. If it is too late to send out a Notice of Adjourned § 341 Meeting of Creditors, counsel must arrange for another attorney to appear with the debtor. Failure of an attorney to appear at the § 341 meeting (even if the debtor does not appear) may result in a motion to disgorge fees, a motion for contempt, a motion for sanctions, and/or a motion for trustee costs. If the debtor appears without counsel, the trustee may ask the debtor if he/she wishes to go forward with the meeting without an attorney. If the debtor does not, an adjourned date will be given to the debtor to re-appear (no motion to dismiss the debtor's case will be brought since the debtor attempted to comply); however, a motion to disgorge fees, for contempt, sanctions, and/or trustee costs may still be brought against the non-appearing attorney.

UNITED STATES BANKRUPTCY COURT

WESTERN DISTRICT OF NEW YORK

In re	Chapter

Case No.

Debtor(s).

________________________________________

NOTICE OF ADJOURNED § 341 MEETING OF CREDITORS

NOTICE IS HEREBY GIVEN that the § 341 meeting of creditors in the above referenced case has been adjourned from to due to the unavailability of the debtor(s) and/or the debtor(s)' attorney. The new date has been confirmed with the case trustee.

DATED: ___________________	_____________________________

Debtor's Attorney's Signature

Debtor's Attorney's Name and Address:

_____________________________________

_____________________________________

_____________________________________

_____________________________________

TO:	All Creditors

United States Trustee

U.S. Bankruptcy Court

Chapter 7 or 13 Trustee, _______________________

(Name)

This Notice may only be used by the debtor's attorney for adjournments if all creditors and parties receive at least ten (10) days notice of this adjournment and the adjourned § 341 meeting date has been consented to and confirmed with the trustee. An affidavit of mailing of this Notice must be served on the United States Trustee and filed with the U.S. Bankruptcy Court.

U.S. Department of Justice

Office of the United States Trustee

Western District of New York

New Federal Office Building	(585) 263-5812

100 State Street, Room 6090	FAX (585) 263-5862

Rochester, New York 14614

NOTICE

WHEN A DEBTOR DOES NOT APPEAR AT

THE § 341 MEETING OF CREDITORS

When a debtor does not appear at a § 341 meeting of creditors, the trustee will prepare a Motion to Dismiss.1 The debtor's attorney and the debtor may handle the matter in one of the following ways:

I. File responsive papers and appear at Bankruptcy Court on the return date of the Motion to Dismiss and request to appear at a future § 341 meeting. If the Judge allows this, an order should then be submitted to the Court requiring the debtor to appear at the upcoming § 341 meeting and extending the time for the United States Trustee, the case trustee and creditors to object to the debtor's discharge for 60 days after the debtor's actual appearance at a § 341 meeting.

OR

II. The debtor's attorney can prepare a proposed stipulation and order (see attached sample) prior to the return date of the Motion to Dismiss indicating that the debtor agrees to appear at a future § 341 meeting and a 60 day extension of the time period for objections to discharge. If the proposed order is approved by the trustee and submitted to the Court for signature prior to the return date of the Motion to Dismiss, no appearance at Court on the return date of the Motion to Dismiss will be necessary by the debtor's attorney or the debtor.

If neither of the above choices are acted upon, an order dismissing the case will be submitted to the Court for signature.

In addition (or in the alternative) a motion to disgorge fees, a motion for contempt, a motion for sanctions, and/or a motion for trustee costs may be brought. Appearance by the debtor and/or the debtor's attorney at the return date of these motions is required.

UNITED STATES BANKRUPTCY COURT

WESTERN DISTRICT OF NEW YORK

In re	Chapter

Case No.

Debtor(s).	STIPULATION & ORDER

________________________________________

A Motion to Dismiss this case having been brought by the case trustee due to the debtor(s)' failure to appear and submit to an examination as required by 11 U.S.C. § 343 at a Meeting of Creditors held pursuant to 11 U.S.C. § 341; and the matter having been returnable before this Court on ; and upon due deliberation, it is

ORDERED, that the debtor(s) shall appear and submit to examination by the trustee as required by 11 U.S.C. § 343 at a Meeting of Creditors held pursuant to 11 U.S.C. § 341 at the

□ Office of the United States Trustee, 100 State Street, Room 6080, Rochester, New York

□ Schuyler County Courthouse, Watkins Glen, New York

on at a.m./p.m. (date to be obtained from case trustee), and it is further

ORDERED, that if the debtor(s) fail to appear on that date and time, this case shall be dismissed, and it is further

ORDERED, if this case has been filed by an individual debtor(s), that the time within which the United States Trustee, the case trustee or creditors may object to the discharge of the debtor(s) pursuant to 11 U.S.C. § 727 shall be extended to 60 days after the debtor(s) appear(s) for examination.

_____________________________	______________________________

Case Trustee	Date	Debtor's Attorney	Date

S O O R D E R E D.

_______________________	________________________________

Dated	Honorable Paul R. Warren

United States Bankruptcy Judge