Rule 2003. Meeting of Creditors or Equity Security Holders
(a) Date and Place of the Meeting.
(1)Date. Except as provided in § 341(e), the United States trustee must call a meeting of creditors to be held:
(A) in a Chapter 7 or 11 case, no fewer than 21 days and no more than 40 days after the order for relief;
(B) in a Chapter 12 case, no fewer than 21 days and no more than 35 days after the order for relief; or
(C) in a Chapter 13 case, no fewer than 21 days and no more than 50 days after the order for relief.
(2)Effect of a Motion or an Appeal. The United States trustee may set a later date for the meeting if there is a motion to vacate the order for relief, an appeal from such an order, or a motion to dismiss the case.
(3)Place; Possible Change in the Meeting Date. The meeting may be held at a regular place for holding court. Or the United States trustee may designate any other place in the district that is convenient for the parties in interest. If the designated meeting place is not regularly staffed by the United States trustee or an assistant who may preside, the meeting may be held no more than 60 days after the order for relief.
(b) Conducting the Meeting; Agenda; Who May Vote.
(1)At a Meeting of Creditors.
(A)Generally. The United States trustee must preside at the meeting of creditors. The meeting must include an examination of the debtor under oath. The presiding officer has the authority to administer oaths.
(B)Chapter 7 Cases. In a Chapter 7 case, the meeting may include the election of a creditors’ committee; and if the case is not under Subchapter V, the meeting may include electing a trustee.
(2)At a Meeting of Equity Security Holders. If the United States trustee convenes a meeting of equity security holders under § 341(b), the United States trustee must set a date for the meeting and preside over it.
(3)Who Has a Right to Vote; Objecting to the Right to Vote.
(A)In a Chapter 7 Case. A creditor in a Chapter 7 case may vote if, at or before the meeting:
(i) the creditor has filed a proof of claim or a writing setting forth facts evidencing a right to vote under § 702(a);
(ii) the proof of claim is not insufficient on its face; and
(iii) no objection is made to the claim.
(B)In a Partnership Case. A creditor in a partnership case may file a proof of claim or a writing evidencing a right to vote for a trustee for the general partner’s estate even if a trustee for the partnership’s estate has previously qualified.
(C)Objecting to the Amount or Allowability of a Claim for Voting Purposes. Unless the court orders otherwise, if there is an objection to the amount or allowability of a claim for voting purposes, the United States trustee must tabulate the votes for each alternative presented by the dispute. If resolving the dispute is necessary to determine the election’s result, the United States trustee must report to the court the tabulations for each alternative.
(c)Recording the Proceedings. At the meeting of creditors under § 341(a), the United States trustee must:
(1) record verbatim—using electronic sound-recording equipment or other means of recording—all examinations under oath;
(2) preserve the recording and make it available for public access for 2 years after the meeting concludes; and
(3) upon request, certify and provide a copy or transcript of the recording to any entity at that entity’s expense.
(d)Reporting Election Results in a Chapter 7 Case.
(1)Undisputed Election. In a Chapter 7 case, if the election of a trustee or a member of a creditors’ committee is undisputed, the United States trustee must promptly file a report of the election. The report must include the name and address of the person or entity elected and a statement that the election was undisputed.
(2)Disputed Election.
(A)United States Trustee’s Report. If the election is disputed, the United States trustee must:
(i) promptly file a report informing the court of the nature of the dispute and listing the name and address of any candidate elected under any alternative presented by the dispute; and
(ii) no later than the date on which the report is filed, mail a copy to any party in interest that has requested one.
(B)Interim Trustee. Until the court resolves the dispute, the interim trustee continues in office. Unless a motion to resolve the dispute is filed within 14 days after the report is filed, the interim trustee serves as trustee in the case.
(e)Adjournment. The presiding official may adjourn the meeting from time to time by announcing at the meeting the date and time to reconvene. The presiding official must promptly file a statement showing the adjournment and the date and time to reconvene.
(f)Special Meetings of Creditors. The United States trustee may call a special meeting of creditors or may do so on request of a party in interest.
(g)Final Meeting of Creditors. If the United States trustee calls a final meeting of creditors in a case in which the net proceeds realized exceed $1,500, the clerk must give notice of the meeting to the creditors. The notice must include a summary of the trustee’s final account and a statement of the amount of the claims allowed. The trustee must attend the meeting and, if requested, report on the estate’s administration.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 22, 1993, eff. Aug. 1, 1993; Apr. 26, 1999, eff. Dec. 1, 1999; Mar. 27, 2003, eff. Dec. 1, 2003; Apr. 23, 2008, eff. Dec. 1, 2008; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 26, 2011, eff. Dec. 1, 2011; Apr. 2, 2024, eff. Dec. 1, 2024.)