United States Bankruptcy Court
Eastern District of Kentucky
Notice*Notice*Notice

  The Court has instructed the Trustees that 341 meetings are not to be continued unless they have an Order sustaining a Motion to Continue.  If they do not have an Order sustaining a Motion to Continue, they are directed to file the attached Motion to Dismiss.  Any Motion to Continue the 341 meeting must be accompanied by an Affidavit of the person so requesting (debtor or counsel) and must be served upon the Trustee, the U.S. Trustee and all creditors listed on the matrix of the debtor(s).  (See suggested form Motion and Order below.)  Note the changes in the §341 Notice and Order to the Debtor for cases filed after June 1, 2000.

We are going to reduce the time it takes to enter a Chapter 7 discharge from 120 days to 60 days.  We have already reduced the time to 110 days and will be reducing the time by 10 days each month.  In November 2000, discharges will be entered 60 days after the 341 meeting, absent a complaint being filed objecting to discharge.

We will no longer sustain a Motion to Withhold a Chapter 7 Discharge for failure to file tax returns, failure to turn over tax refunds, failure to turn over other assets, etc.  The Trustees are instructed to file a Motion to Dismiss.

The Chapter 13 Trustee is instructed to file a Motion to Dismiss if the debtor is two (2) monthly or three (3) biweekly or five (5) weekly payments in arrears.  All Motions to Dismiss will be heard by the court.

From the FYI Department:

a) The court will no longer accept Agreed Orders of Nondischargeability. An adversary proceeding must be filed.

b) Multiple, unrelated defendants in adversary proceedings will be dismissed. Separate causes of action require separate adversary proceedings even if conduct is similar and defendants are represented.

c) The court will discourage extensions of time to file Complaints to Determine Dischargeability of Debt and will be reluctant to approve Agreed Orders extending time.

d) For Judge Howard's adversaries - the trial will be set approximately 60 days after the pre-trial.

e) Beginning in October, 2000, trustee-held Chapter 13 confirmation hearings will be scheduled approximately 30 days after the 341 meeting. A confirmation hearing continued for any reason will be scheduled approximately 30 days after the trustee's confirmation hearing and will be conducted by the court.

f) The Chapter 13 Trustee is drafting a standardized Chapter 13 Plan to be used in this District. It is expected to be distributed on or about June 1, 2000, and will be required after July 1, 2000. A new local rule will be issued. A copy of the Plan will be added to the Court's website.

United States Bankruptcy Court
for the Eastern District of Kentucky

______________  Division

In re:

                                                                                               Case No. ________________

Debtor(s)

MOTION TO DISMISS CH. 7 CASE

            The trustee asks the Court to dismiss this case because

            [          ]   the debtor(s) did not appear at the §341 First Meeting of Creditors.

[          ]   the attorney for the debtor(s) did not appear at the §341 First Meeting of Creditors.

[          ]   the debtor(s) did not timely provide the documents required by the Court’s Order to Debtor.

DATE: ______________                                                         ________________________

                                                                                                                  Trustee

NOTICE

This motion to dismiss will be brought on for hearing at __________ on _________ ___, 20___, United States Bankruptcy Court ______________________________________.

CERTIFICATION

This is to certify that the above motion was served upon the debtor(s), counsel for the debtor(s), the U.S. Trustee and all creditors listed on the debtor’s matrix on this the _____ day of _________, 20___.

                                                                                    ________________________

                                                                                                        Trustee

United States Bankruptcy Court
for the Eastern District of Kentucky

______________  Division 

In re:

                                                                                                Case No. ________________

Debtor(s)

MOTION TO DISMISS CH. 13 CASE

            The trustee asks the Court to dismiss this case because

            [          ]   the debtor(s) did not appear at the §341 First Meeting of Creditors.

[          ]   the attorney for the debtor(s) did not appear at the §341 First Meeting of Creditors.

[          ]   the debtor(s) did not timely provide the documents required by the Court’s Order to Debtor.

DATE: ______________                                                         ________________________

                                                                                                                  Trustee

NOTICE

This motion to dismiss will be brought on for hearing at __________ on _________ ____, 20___, United States Bankruptcy Court __________________________________.

CERTIFICATION

This is to certify that the above motion was served on the parties listed below on this the _____ day of _________, 20___.

                                                                                    ________________________

                                                                                                        Trustee

United States Bankruptcy Court
for the Eastern District of Kentucky

______________  Division

 In re:

                                                                                                  Case No. ________________

Debtor(s)

MOTION TO CONTINUE

Comes now counsel for the above-captioned debtor(s) and moves the Court for an order continuing the scheduled §341 First Meeting of Creditors.  An affidavit in support of said motion is attached.

DATE:  ______________                                               ____________________________

                                                                                                 Counsel for Debtor(s)

CERTIFICATION

This is to certify that the above motion was served upon the trustee, the U.S. Trustee, and all creditors listed on the debtor’s matrix on this the ____ date of ________, 20___.

                                                                                        ____________________________

                                                                                                 Counsel for Debtor(s)

United States Bankruptcy Court
for the Eastern District of Kentucky

______________  Division

 In re:

                                                                                                 Case No. ________________

Debtor(s)

ORDER

Upon the timely-filed motion of the debtor(s) to continue the §341 First Meeting of Creditors and the Court having reviewed the record and being otherwise properly and sufficiently advised,

IT IS HEREBY ORDERED that the §341 First Meeting of Creditors be and same is hereby continued to a date and time to be set by the trustee.

DATED:  ______________                                                   ________________________

                                                                                                                 JUDGE

Copy to:  Trustee

                Attorney for Debtor(s)