In re: Javier E. Fernandez Espinosa and Nannette de Lourdes Lafuente

Opinion

1 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF PUERTO RICO

° IN RE: : CASE NO. 11-02228 (ESL) ‘ JAVIER E. FERNANDEZ ESPINOSA : 5 |NANNETTE DE LOURDES LAFUENTE : CHAPTER 7 6 Debtors : OPINION AND ORDER 8 This case is before the court upon debtors’ opposition to the “trustee’s sine die continuance 9 and request to deem §341 meeting closed” and the reply thereto by the Chapter 7 trustee. The debtors 10 allege that the decisions by the United States Bankruptcy Appellate Panel for the First Circuit in In Newman, 428 B.R. 257 (BAP 1* Cir, 2010) and In re Cushing, 401 B.R. 528 (BAP 1" Cir, 2009) 12 support their request. The Chapter 7 trustee replied alleging that the 341 meeting was continued held 13 open and continued sine die because there are assets to recover and that the debtors are not harmed M4 by holding the 341 meeting open. For the reasons stated below the debtors’ motion is hereby granted. 15 Section 341(a) of the Bankruptcy Code, 11 U.S.C. § (a), requires that a meeting of 16 creditors be convened "{w}ithin a reasonable time after the order for relief." Rule 2003(a) of the Fed. R. Bankr. P. provides the time frame within which a meeting of creditors must be scheduled 18 for each chapter under which a bankruptcy petition may be filed. Rule 2003(e) states that "[t}he 19 meeting may be adjourned from time to time by announcement at the meeting of the adjourned 20 date and time without further written notice." Rule 2003(e) specifically requires that the date and 71 time to which the meeting of creditors is adjourned be announced at the meeting. A chapter 7 22 trustee may not hold the meeting open indefinitely or sine die as such a continuance will unduly 23 prolong the time to object to the debtor's claimed exemptions. In re Newman, 428 B.R. 257 I(B.A.P. Ist Cir. 2010). See also In re Cushing, 401 B.R. 528 (B.AP. Ist Cir. 2009), The 30-day 25 period set forth in Rule 4003(b)(1) for the trustee to object to a debtor's claim of exemptions must 26 strictly interpreted. In re Kuhnel, 495 F. 3d 1177 (10th Cir, 2007). 27 Trustees should continue or adjourn a meeting of creditors following Rule 2003(e). The 28 date and time of the adjourned meeting must be specified in the meeting minutes. Otherwise, the

1 meeting will be deemed closed. In chapter 13 cases, as was the case in In re Cushing, this ruling 2 operate against the debtor and cause the dismissal of the petition. In chapter 7 cases, as was 3 |jthe case in In re Newman, the debtor may benefit by enforcing the 30-day period to object to 4 llexemptions set forth in Rule 4003(b)(1). 5 In view of the above, the court hereby grants debtor’s request to deem the 341 meeting 6 liclosed. 7 SO ORDERED. 8 In San Juan, Puerto Rico, this 17" day of April, 2012. 9 United States Bankruptcy dudge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28