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Motion for Continuance for Bankruptcy - PDF

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					                                                 U.S. Department of Justice

                                                 Office of the United States Trustee
                                                 District of Maryland




             ** NOTICE **
              NEW PROCEDURES FOR THE
             CONTINUANCE OF SECTION 341
               MEETINGS OF CREDITORS
     Section 341 Meetings of Creditors will not be automatically rescheduled for
debtors who fail to attend their first scheduled meeting.

      If a debtor will be unable to attend the first scheduled Section 341 Meeting of
Creditors, debtor’s counsel must submit a Meeting of Creditors (11 U.S.C. § 341)
Continuance Request Form to the case trustee at least eight (8) days prior to the
meeting date.

      In Chapter 7 cases, debtor’s counsel must also submit to the trustee a
photocopy of an executed consent motion to extend the time for all parties in
interest to file complaints objecting to the discharge of the debtor(s) for a period of
60 days after the entry of the consent order (the “Consent Motion”). Unless directed
otherwise by the trustee, debtor(s) counsel/pro se debtor(s) shall file said motion
with the Bankruptcy Court immediately upon the trustee’s granting of a continuance
request, and shall serve a copy of the Consent Motion on all parties in interest in
accordance with Local Bankruptcy Rule 9013-4.

     A request for a continuance received less than eight (8) days prior to the
scheduled meeting date will not be considered absent emergency circumstances.

      If the trustee determines that a continuance of the meeting is warranted,
debtor’s counsel will be responsible for providing notice of the continued meeting
date and time to all creditors, the trustee, the U.S. Trustee, and for filing a certificate
of service for the notice of continuance with the court.
              Chapter 7 Meeting of Creditors (11 U.S.C. § 341)
                        Continuance Request Form
From:                                        , Esq.;    To:                                        Chapter 7 Trustee

Case Name:                                                               Case #:

Section 341 date:                          and time:                         am/pm

Please continue the 341 meeting because (be specific):
[ ] Conflict - Debtor(s) counsel is subject to appearance in the previously scheduled matter

                 of:

[ ] Debtor(s) are unavailable because:


[ ] Counsel is unavailable because:


[ ] Other: (specify) Attach additional sheets if necessary:


As a condition to the trustee's consideration of this continuance request:

(1) Debtor(s) counsel/Pro se Debtor(s) hereby certifies that the above is true and correct;
(2) Debtor(s) counsel/Pro se Debtor(s) has attached to this continuance request form a photocopy of an executed
    consent motion to extend the time for all parties to file complaints objecting to the discharge of the Debtor(s) for
    a period of 60 days after the entry of the consent order (the “Consent Motion”). Unless directed otherwise by
    the trustee, Debtor(s) counsel/pro se Debtor(s) shall file said motion with the Bankruptcy Court immediately
    upon the Trustee’s granting of this continuance request and serve a copy of the Consent Motion on all parties
    in interest in accordance with Local Bankruptcy Rule 9013-4;
(3) Debtor(s) counsel/Pro se Debtor(s) agrees to give at least 10 days notice by first class mail, postage prepaid, to
    all parties on the matrix of the new meeting date and time, and to certify to the Court (with a copy to the trustee
    and U.S. Trustee) that said notice has been given; and
(4) No prior meeting continuance request has been made.




Debtor's attorney signature/Pro se Debtor's signature

Trustee response:                          Date:

         Request denied. Reason:

         Request granted. New 341 date:                                  ; and time                     am/pm.
                                    Chapter 13
                       Meeting of Creditors (11 U.S.C. § 341)
                            Continuance Request Form
From:                                                      To:      Chapter 13 Trustee


Case Name:                                                              Case #:

Section 341 date:                         and time:                         am/pm

Please continue the 341 meeting because (be specific):

[ ] Conflict - Debtor(s) counsel is subject to appearance in the previously scheduled matter

        of:

[ ] Debtor(s) are unavailable because:


[ ] Counsel is unavailable because:


[ ] Other: (specify) Attach additional sheets if necessary:


As a condition to the trustee's consideration of this continuance request:

(1) Debtor(s) counsel/Pro se Debtor(s) hereby certifies that the above is true and correct;
(2) Debtor(s) counsel/Pro se Debtor(s) agrees to give at least 10 days notice, or such other notice as directed by the
trustee, by first class mail, postage prepaid, to all parties on the matrix of the new meeting date and time, and to
certify to the Court (with a copy to the trustee and U.S. Trustee) that said notice has been given; and
(3) No prior meeting continuance request has been made.




Debtor's attorney signature/Pro se Debtor's signature




Trustee response:                         Date:

         Request denied. Reason:

         Request granted. New 341 date:                                 ; and time                    am/pm.
                IN THE UNITED STATES BANKRUPTCY COURT
                     FOR THE DISTRICT OF MARYLAND

 IN RE                                                            BANKRUPTCY CASE NO:

                                            ,                     9

         Debtor(s).                                               Chapter


                                NOTICE OF CONTINUED
                          SECTION 341 MEETING OF CREDITORS

     YOU ARE HEREBY NOTIFIED that the initial section 341 meeting of creditors for the

above-captioned case, originally scheduled for                                         (date) at

       am/pm, has been continued to                                               (date)

at                    am/pm. The continued meeting will be conducted at the Office of the U.S.

Trustee, 300 West Pratt Street, Suite 375, Baltimore, Maryland 21201.



     I HEREBY CERTIFY that a copy of the foregoing Notice of Continued Section 341 Meeting

of Creditors was sent first class mail, postage prepaid to all creditors on the attached mailing

matrix, the case trustee and the U.S. Trustee this                          day

of                            , 199     .


                                                (Debtor(s) Attorney)



                                                (Federal Bar #)


                                                (Address and Telephone #)

** Notice to Debtor(s):       This Notice should be filed with the Bankruptcy Court. Failure to attend the
                              continued meeting may result in the dismissal of your case.
                IN THE UNITED STATES BANKRUPTCY COURT
                     FOR THE DISTRICT OF MARYLAND

 IN RE                                                            BANKRUPTCY CASE NO:

                                            ,                     9

         Debtor(s).                                               Chapter


                                NOTICE OF CONTINUED
                          SECTION 341 MEETING OF CREDITORS

     YOU ARE HEREBY NOTIFIED that the initial section 341 meeting of creditors for the

above-captioned case, originally scheduled for                                          (date) at

       am/pm, has been continued to                                                (date)

at                    am/pm. The continued meeting will be conducted at the Office of the U.S.

Trustee, 6305 Ivy Lane, 6th Floor, Greenbelt, Maryland 20770.



     I HEREBY CERTIFY that a copy of the foregoing Notice of Continued Section 341 Meeting

of Creditors was sent first class mail, postage prepaid to all creditors on the attached mailing

matrix, the case trustee and the U.S. Trustee this                           day

of                            , 199     .


                                                (Debtor(s) Attorney)



                                                (Federal Bar #)


                                                (Address, and Telephone #)


** Notice to Debtor(s):       This Notice should be filed with the Bankruptcy Court. Failure to attend the
                              continued meeting may result in the dismissal of your case.
                    IN THE UNITED STATES BANKRUPTCY COURT
                         FOR THE DISTRICT OF MARYLAND


 IN RE                                                   BANKRUPTCY CASE NO:

                                             ,                     9

            Debtor(s)                                              Chapter 7


                            CONSENT MOTION TO EXTEND DEADLINE
                        TO FILE COMPLAINTS OBJECTING TO DISCHARGE

     The above-captioned Debtor(s) hereby requests that this Court enter an order extending the time for

all parties-in-interest to file a complaints objecting to discharge, and in support states as follows:

     1. The Debtor(s), in exchange for the Trustee's agreement to continue the Section 341 Meeting of

Creditors for the above-captioned case, consents to the entry of an order extending the time for all parties-

in-interest to file complaints objecting to the discharge of the Debtor(s).

     WHEREFORE, Debtor respectfully requests that this Court enter an Order extending the original

deadline for all parties-in-interest to file complaints objecting to the discharge of the Debtor(s) by sixty (60)

days.

                                                         Respectfully submitted,


Date:                                                                  By:




                                                         (Debtor(s) Attorney - Print Name)            (Bar Number)



                                                         (Street Address)



                                                         (City, State Zip)                   (Telephone Number)




Revised 08/25/98
                                     CERTIFICATE OF SERVICE

     I HEREBY CERTIFY that a copy of the foregoing Consent Motion to Extend Deadline to File

Complaints Objecting to Discharge was sent by first class mail, postage prepaid to all creditors on the

attached mailing matrix, the case trustee, and the U.S. Trustee this           day

of                            ,199       .




                                              (Debtor(s) Attorney)




Revised 08/25/98
                      IN THE UNITED STATES BANKRUPTCY COURT
                           FOR THE DISTRICT OF MARYLAND


 IN RE                                              BANKRUPTCY CASE NO:

                                          ,                9

           Debtor(s)                                       Chapter 7




                            ORDER GRANTING DEBTOR’S CONSENT
                           MOTION TO EXTEND DEADLINE TO FILE
                           COMPLAINTS OBJECTING TO DISCHARGE

    Upon consideration of the Debtor’s Consent Motion to Extend the Deadline to File Complaints

Objecting to Discharge, good cause appearing therein, it is, therefore, this           day of

                    , 19   , by the United States Bankruptcy Court for the District of Maryland,

    ORDERED, that the original deadline for all parties-in-interest to file complaints objecting

to the discharge of the Debtor(s) be and is hereby extended for a period of sixty (60) days.




                                              United States Bankruptcy Judge


cc: Debtor(s)
    Debtor(s) Counsel
    Chapter 7 Trustee
    U.S. Trustee




 Revised 08/25/98

				
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