Prior to the original 341 hearing date:

--Requests by phone for adjournments will be considered if received by Wednesday before the original hearing date

--See Who Does What from the Chapter 13 Trustee's office for the contact person

--The new 341 hearing date given will allow for 20-day notice and 3-day mailing time

--An Adjournment Agreement with a new 341 hearing date will be signed and mailed to debtor attorney

--Debtor attorney is responsible for serving all interested parties with the new date and time

Rescheduling when the debtor fails to appear at the original date

Considerations:

1) An Order is required to reschedule a confirmation hearing, but not a 341 hearing

2) 20-day notice plus three days mailing time is required for rescheduling a 341 hearing

3) The Trustee will provide a new 341 hearing date if:

--the request is accompanied by supporting documents or an affidavit signed by the debtor detailing the reason for not appearing; and

--the reason appears plausible and not abusive

4) If the Trustee did not agree to reschedule or the debtor attorney did not attempt to obtain prior Trustee agreement the debtor attorney may take whatever action is deemed appropriate to obtain a new date.

5) The Trustee's office has two documents available for attorneys' use:

--Agreement and Notice of Adjourned Section 341 Meeting of Creditors

--An Order which will reschedule the 341 hearing and adjourn the confirmation hearing

Procedures:

A. When a new confirmation hearing date is NOT required:

1) If the Trustee agrees to a new 341 hearing date based on submitted documents or affidavit, an Agreement Form will be prepared and forwarded to debtor attorney;

2) If agreement is not sought or not given, and a Motion is submitted pursuant to LBR 2.08, the proposed Order should include language that the court is directing the UST or the Chapter 13 Trustee=s office to reset a 341 date; upon receipt of an Order, an Agreement Form with the new 341 hearing date will be prepared and forwarded to debtor attorney along with the approved Order.

B. When a new confirmation hearing date IS required:

1) If the Trustee agrees to a new 341 hearing date based on submitted documents or affidavit, an Order rescheduling the 341 hearing and adjourning the confirmation will be prepared and forwarded to debtor attorney;

2) If agreement is not sought or not given, and a Motion is filed pursuant to LBR 2.08, the proposed Order adjourning both dates should either be the Trustee's form Order or contain identical information.

11/25/97