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2003-1 Meeting of Creditors

(a)   Upon entry of the order for relief and after the United States Trustee calls a meeting of creditors, the Clerk shall give notice of the scheduling of the meeting in accordance with FRBP 2002(a).

(b)   The debtor's attorney, or a partner, member or regular associate of that attorney's firm, shall be present for the entire meeting of creditors unless the court authorizes a substitute before the meeting of creditors.

(1)      The debtor's counsel may move ex parte to substitute counsel for a meeting of creditors.

(2)      The motion shall recite:

(i)       the reasons for substituting counsel;

(ii)      that counsel has informed the debtor he may request rescheduling the meeting of creditors, but that the debtor has agreed to proceed with substitute counsel; and

(iii)     substitute counsel is adequately informed of the facts of the debtor's case to represent the debtor at the meeting of creditors.

(3)      The mover shall submit a proposed order pursuant to Local Rule 9013-5.

(c)   Requests to reschedule meetings of creditors under all chapters shall be made to the United States Trustee. The request to reschedule shall be filed electronically in the case record when the request is transmitted to the United States Trustee.

(1)      The United States Trustee promptly shall file notice of its decision on a request to reschedule. If the meeting is rescheduled, the notice shall specify the date and time of the rescheduled meeting. The debtor shall serve the U.S. Trustee's Notice of Rescheduled Meeting on all persons on the mailing list.

(2)      A motion pursuant to FRBP 2020 for review of the United States Trustee's denial of a request to reschedule a meeting of creditors shall comply with Local Rule 9013-1(a). The motion shall be filed no later than two days after the mover's receipt of notice of the denial.

(3)      The filing of a motion for review of the United States Trustee's decision does not excuse a debtor from attending the meeting of creditors.

(d)   A debtor's failure to attend the meeting of creditors may be grounds for the immediate dismissal of a voluntary bankruptcy case or other appropriate sanctions.

(e)   After notice and a hearing, the court may sanction debtor's counsel for failing to attend the meeting of creditors. The sanction may include an order to refund all or part of any fees paid by or on behalf of the debtor, disallowance of compensation or other appropriate sanctions.