(a) Date and Place. Except as otherwise provided in § 341(e) of the Code, in a chapter 7 liquidation or a chapter 11 reorganization case, the United States trustee shall call a meeting of creditors to be held no fewer than 21 and no more than 40 days after the order for relief. In a chapter 12 family farmer debt adjustment case, the United States trustee shall call a meeting of creditors to be held no fewer than 21 and no more than 35 days after the order for relief. In a chapter 13 individual’s debt adjustment case, the United States trustee shall call a meeting of creditors to be held no fewer than 21 and no more than 50 days after the order for relief. If there is an appeal from or a motion to vacate the order for relief, or if there is a motion to dismiss the case, the United States trustee may set a later date for the meeting. The meeting may be held at a regular place for holding court or at any other place designated by the United States trustee within the district convenient for the parties in interest. If the United States trustee designates a place for the meeting which is not regularly staffed by the United States trustee or an assistant who may preside at the meeting, the meeting may be held not more than 60 days after the order for relief.
(b) Order of Meeting.
(1) Meeting of Creditors. The United States trustee shall preside at the meeting of creditors. The business of the meeting shall include the examination of the debtor under oath and, in a chapter 7 liquidation case, may include the election of a creditors’ committee and, if the case is not under subchapter V of chapter 7, the election of a trustee. The presiding officer shall have the authority to administer oaths.
(2) Meeting of Equity Security Holders. If the United States trustee convenes a meeting of equity security holders pursuant to § 341(b) of the Code, the United States trustee shall fix a date for the meeting and shall preside.
(3) Right To Vote. In a chapter 7 liquidation case, a creditor is entitled to vote at a meeting if, at or before the meeting, the creditor has filed a proof of claim or a writing setting forth facts evidencing a right to vote pursuant to § 702(a) of the Code unless objection is made to the claim or the proof of claim is insufficient on its face. A creditor of a partnership may file a proof of claim or writing evidencing a right to vote for the trustee for the estate of the general partner notwithstanding that a trustee for the estate of the partnership has previously qualified. In the event of an objection to the amount or allowability of a claim for the purpose of voting, unless the court orders otherwise, the United States trustee shall tabulate the votes for each alternative presented by the dispute and, if resolution of such dispute is necessary to determine the result of the election, the tabulations for each alternative shall be reported to the court.
(c) Record of Meeting. Any examination under oath at the meeting of creditors held pursuant to § 341(a) of the Code shall be recorded verbatim by the United States trustee using electronic sound recording equipment or other means of recording, and such record shall be preserved by the United States trustee and available for public access until two years after the conclusion of the meeting of creditors. Upon request of any entity, the United States trustee shall certify and provide a copy or transcript of such recording at the entity’s expense.
(d) Report of Election and Resolution of Disputes in a Chap - ter 7 Case.
(1) Report of Undisputed Election. In a chapter 7 case, if the election of a trustee or a member of a creditors’ committee is not disputed, the United States trustee shall promptly file a report of the election, including the name and address of the person or entity elected and a statement that the election is undisputed.
(2) Disputed Election. If the election is disputed, the United States trustee shall promptly file a report stating that the election is disputed, 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. No later than the date on which the report is filed, the United States trustee shall mail a copy of the report to any party in interest that has made a request to receive a copy of the report. Pending disposition by the court of a disputed election for trustee, the interim trustee shall continue in office. Unless a motion for the resolution of the dispute is filed no later than 14 days after the United States trustee files a report of a disputed election for trustee, the interim trustee shall serve as trustee in the case.
(e) Adjournment. The meeting may be adjourned from time to time by announcement at the meeting of the adjourned date and time without further written notice.
(f) Special Meetings. The United States trustee may call a special meeting of creditors on request of a party in interest or on the United States trustee’s own initiative.
(g) Final Meeting. 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 shall mail a summary of the trustee’s final account to the creditors with a notice of the meeting, together with a statement of the amount of the claims allowed. The trustee shall attend the final meeting and shall, if requested, report on the administration of the estate.
(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.)
added in current removed in current
Compared to current version (2025).
(a) Date and Place of the Meeting.
(1) Date. Except as otherwise provided in § 341(e) of the Code, in a chapter 7 liquidation or a chapter 11 reorganization case, the United States trustee shallmust 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. I;
(B) in a cChapter 12 family farmer debt adjustment case, the United States trustecase, no fewer than 21 days and no more sthall call a meeting of creditors to be heldn 35 days after the order for relief; or
(C) in a Chapter 13 case, no fewer than 21 days and no more than 350 days after the order for relief. In a chapter 13 individual’s debt adjustment case, the United States trustee shall call a meeting of credit
(2) Effect of a Motion or an Appeal. The United States trustee may set a later date fors to be held no fewer than 21 and no more than 50 days afhe meeting if there is a motion to vacater the order for relief. If there is, an appeal from or a motion to vacate the order for relief, or if there is a motion to dismiss the case, the United States trustee may set a later date forsuch an order, or a motion to dismiss the case.
(3) Place; Possible Change in the mMeeting Date. The meeting may be held at a regular place for holding court or at any other place designated by the United States trustee with. Or the United States trustee may designate any other place in the district that is convenient for the parties in interest. If the United States trustee designates a place for thedesignated meeting whichplace is not regularly staffed by the United States trustee or an assistant who may preside at the meeting, the meeting may be held not more than 60 days after the order for relief.
(b) Order of MeetingConducting the Meeting; Agenda; Who May Vote.
(1) At a Meeting of Creditors.
(A) Generally. The United States trustee shallmust preside at the meeting of creditors. The business of the meeting shallmust include thean examination of the debtor under oath and, in a chapter 7 liquidation case,. 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 sSubchapter V of chapter 7, the election of a trustee. The presiding officer shall have the authority to administer oaths, 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 pursuant to § 341(b) of the Codeunder § 341(b), the United States trustee shall fixmust set a date for the meeting and shall preside.
(3) Right T over it.
(3) Who Has a Right to Vote; Objecting to the Right to Vote.
(A) In a cChapter 7 liquidation case, a creditor is entitled to vote at a meetingCase. 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 pursuant to § 702(a) of the Code unless objection is made to the claim or the proof of claim is insufficient on its facunder § 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 ofin a partnership case may file a proof of claim or a writing evidencing a right to vote for thea trustee for the estate of the general partner notwithstanding that’s estate even if a trustee for the estate of the partnership’s estate has previously qualified. In the event of an o
(C) Objectiong to the aAmount or aAllowability of a cClaim for the purpose of voting, uVoting 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 shallmust tabulate the votes for each alternative presented by the dispute and, if resolution of such. If resolving the dispute is necessary to determine the result of the election,election’s result, the United States trustee must report to the court the tabulations for each alternative shall be reported to the court.
(c) Record of Ming the Proceetdings. Any examination under oath at the meeting of creditors held pursuant to § 341(a) of the Code shall be recorded verbatim by the United States trustee t 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, and such record shall be-all examinations under oath;
(2) preserved by the United States trustee andrecording and make it available for public access until twofor 2 years after the conclusion of the meeting of creditors. Upon request of any entity, the United States trustee shallmeeting concludes; and
(3) upon request, certify and provide a copy or transcript of suchthe recording to any entity at theat entity’s expense.
(d) Report ofing Election and Resolution of DisputeResults in a Chap - ter 7 Case.
(1) Report of Undisputed Election. In a cChapter 7 case, if the election of a trustee or a member of a creditors’ committee is unot disputed, the United States trustee shallmust promptly file a report of the election,. The report must includinge the name and address of the person or entity elected and a statement that the election iwas undisputed.
(2) Disputed Election.
(A) United States Trustee’s Report. If the election is disputed, the United States trustee shallmust:
(i) promptly file a report stating that the election is disputed, 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. N; and
(ii) no later than the date on which the report is filed, the United States trustee shall mail a copy of the report to any party in interest that has made a request to receive a copy of the report. Pending disposition by the court of a disputed election for trustemail a copy to any party in interest that has requested one.
(B) Interim Trustee. Until the court resolves the dispute, the interim trustee shall continues in office. Unless a motion for the resolution ofto resolve the dispute is filed no later withain 14 days after the United States trustee files a report of a disputed election for trusteereport is filed, the interim trustee shall serves as trustee in the case.
(e) Adjournment. The meeting may be adjournedpresiding official may adjourn the meeting from time to time by announcementing at the meeting of the adjourned date and time without further written noticdate 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 or on the United States trustee’s own initiative.
(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 shall mail a summary of the trustee’s final accountmust give notice of the meeting to the creditors with a. The notice of the meeting, together withmust include a summary of the trustee’s final account and a statement of the amount of the claims allowed. The trustee shallmust attend the final meeting and shall, if requested, report on the estate’s administration of the estate.
(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.)