Rule 2003 — Meeting of Creditors or Equity Security Holders

Fed. R. Bankr. P. 2003

• Source: Federal Rules of Bankruptcy Procedure
• Rule: 2003
• PART X: [ABROGATED]
• Citation: Fed. R. Bankr. P. 2003

Text

(a) DATEANDPLACEOFTHEMEETING.
(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 va-
cate 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) CONDUCTINGTHEMEETING; AGENDA; WHOMAYVOTE.
(1) At a Meeting of Creditors.
(A) Generally. The United States trustee must preside at
the meeting of creditors. The meeting must include an ex-
amination 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 elec-
tion’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 equip-
ment 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) REPORTINGELECTIONRESULTSINACHAPTER7 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 dis-
puted, 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 pre-
sented 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 re-
quested 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 meet-
ing 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 re-
convene.
(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 pro-
ceeds 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 re-
quested, report on the estate’s administration.

Advisory Committee Notes

(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.)