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Manually
Setting First Meeting/
Assigning Judge and Trustee
Last Updated: June 2024
Chapter 7 cases only - CM/ECF will automatically
schedule the 341 meeting and assign the Judge/Trustee.
Chapter 13 cases - First Add
"Objection to Confirmation Deadline. CM/ECF will automatically
schedule the 341 meeting and confirmation hearing and assign
the Judge/Trustee. See Cheat Sheet.
Chapter 12 cases - Manually add Judge and
Trustee to case. Trustee Carlson wants 1
hour reserved for each 341 meeting (as
of 6/7/23) 341 notices are manually docketed.
Chapter 11 cases are scheduled with the U.S.
Trustee. Email Assistant U.S. Trustee Sarah Wencil. 341
notices are manually docketed.
Chapter 7 cases - if Trustee Gene Doeling
rejects or resigns from case; or
a case is filed by any attorney employed by Kaler-Doeling
PLLP, the Chapter 7 case is automatically
reassigned to Trustee Erik Ahlgren. See
also Trustee's
Appointment Rejection and/or Trustee's
Resignation and Distribution Report. Set up new
341 date at least 30 days after date of rejection/resignation
for notice to creditors.
Chapter 12/13 cases - if Trustee Kyle Carlson
rejects or resigns from case, email Assistance U.S. Trustee
Sarah Wencil. The U.S. Trustee will file Notice of Appointment
of New Trustee. Most times the new trustee will schedule
it for the same date and time as Trustee Carlson had previously
set. Mike Gieske will call the 341 meeting.
Manually adding Judge
and Trustee to Case:
Select [Bankruptcy>Court
Events>(hold Ctrl key and highlight both events) >Add
Judge Assignment and Add Trustee].
Select Judge, click [Next].
Select Trustee, click [Next].
Review event and click [Next].
Note: If the Judge/Trustee
Assign fails, check case for:
*creditors were not uploaded,
*case has been set to "Asset",
*Judge/Trustee were manually added to case,
*wrong county inserted,
*office location was entered,
*there was a conflict in the system.
Recheck case, make corrections, and
try Judge/Trustee Assign again. If in doubt ask 341 bucket clerk.
For
Chapter 7 and 13 Cases:
If case administrator dockets case: Select
[Bankruptcy > Utilities
> Run Judge/Trustee Assignment for one case].
If Judge/Trustee
Assignment fails or the case converts and you must manually
docket 341 meeting:
Check
that Judge and correct Trustee are ADDED/ASSIGNED TO CASE BEFORE docketing the Notice
of 341 Meeting; otherwise the notice will be blank for Judge and
Trustee or have the wrong Trustee (in which case the Trustee will
not receive an email of the 341 meeting entry).
Review
Means Test (whether presumption exists) and set case flag if necessary.
Obtain
341 Meeting date, time and place as follows:
For
Chapter 7 Cases:
Obtain
meeting date and time:
Select
> Utilities.
Select
> Select > Trustee 341 Meeting Availability - (be patient!)
A monthly
calendar opens with all
the Trustees 341 meeting dates.
Change
Chapter to 7.
Double
click [blue] assigned Trustee's and date.
Screen
will show meeting date, filing date range, and timeslots
remaining for date.
Reduce
one slot for next meeting time. Write down date and time.
Manually
docket 341 Meeting Notice:
Select
[Bankruptcy>Court
Events>Meeting of Creditors Chapter 7 No Asset, etc.].
Insert
341 meeting date and time.
Select
Location.
Discharge
and Proof of Claim dates will automatically calculate.
Financial
Management date automatically calculates.
(Note: Deadline
is 60 days after date first set for 341 meeting for financial
management certification to be filed. An automated
Notice of Deficiency re: Financial Management Court Requirement
will be docketed to the case on 61st day from date of
case filing).
Checkmark
the appropriate form. Click Next. A formatted notice
is displayed. Verify
Information and click [Next] to complete processing.
For Chapter 13 Cases:
Obtain meeting date and time:
Select
> Utilities.
Select
> Trustee 341 Meeting Availability - (be
patient!)
A
monthly calendar opens with all
the Trustees 341 meeting dates.
Change
Chapter to 13.
Double
click [blue] assigned Trustee's and date.
Screen
will show meeting date, filing date range, and timeslots remaining
for date.
Reduce
one slot for next meeting time. Write down date and time.
Scoll
down and click save.
Use
Chapter 13 Cheat Sheet to manually add Objection to Confirmation
deadline to case and select Confirmation Hearing date.
Select [Bankruptcy>Court
Events>Meeting of Creditors Chapter 13]:
Insert
341 meeting date and time.
Select
Location.
(Note: Fargo Room
B-23 or Bismarck Room 164).
Discharge
date automatically calculates.
Financial
Management date automatically calculates
(Note: Deadline
is 60 days after date first set for 341 meeting for financial
management certification to be filed. An automated
Notice of Deficiency re: Financial Management Court Requirement
will be docketed to the case on 61st day from date of
case filing).
Proof
of Claim and Government deadlines automatically calculate.
Objections
to Confirmation automatically calculates based on date
of Confirmation Hearing (14 days prior to confirmation
hearing date).
Insert
Confirmation Hearing date, time and location. (Note:
Fargo Courtroom #3 or Bismarck Eagle Courtroom #3) and
click Next.
Checkmark
the appropriate form. Click Next. A formatted notice
is displayed. Verify
Information and click [Next] to complete processing.
Email calendar
clerk the date and location of 341 meeting, whether plan filed
or not, and request Fargo or Bismarck confirmation hearing.
Once confirmation hearing is received, CM will manually generate
341 notice.
For Chapter 12 Cases:
** Add Judge and Trustee BEFORE docketing the Notice of 341
Meeting; otherwise the notice will be blank for assigned Trustee
and the Trustee will not receive an email of the 341 Meeting entry.
Obtain
meeting date and time:
Select Utilities.
Select > Automatic Assignment/Scheduling.
Select > View 341 Calendar
Entry.
Select > Office.
Select > Chapter 13.
Enter County name from petition
and click Search.
Highlight County and click
Submit.
The schedule in "bold"
is the current Trustee 341 meeting date.
Write down date and time
of next available "0" time slot.
Back out of this section.
Block out time slot for
meeting:
Select >
Automatic Assignment/Scheduling.
Select >
View 341 Calendar Entry.
Select >
Office.
Select >
Chapter 13.
Select >
Trustee.
Insert 341
date.
Enter County
name and click Search
Highlight
County and click Submit.
Insert a
"1" in 2
of Slot Counts for corresponding 2
Time Slots (Note:
12/5/14 - per phone call with Carlson's Office, they
want 1/2 hour for Chapter 12 341 meetings).
Click Submit.
Select [Bankruptcy>Court
Events>Meeting of Creditors Chapter 12]:
Insert
341 meeting date and time.
Select Location .
(Note:
Fargo Room B-23 or Bismarck Room).
Discharge date automatically
calculates
Proof of Claim and Government
deadlines automatically calculate.
Note: Chapter
12 does not require Financial Management certification
only
Certification of Domestic Support Obligation and
Section 522(q)
Note: Chapter
12 confirmation hearing is scheduled after plan
is filed which is due 90 days after case is filed.
Checkmark the appropriate
form. Click Next. A formatted notice is
displayed. Verify
Information and click [Next] to complete
processing.
For Chapter 11 Cases:
Add Judge BEFORE docketing the Notice of 341 Meeting;
otherwise the notice will be blank. The U.S. Trustee
is the ONLY trustee in a Chapter 11 and is automatically added
to cases.
The U.S. Trustee's Office will email Case Administrator
the date, time and location of 341 Meeting. (Date should not
fall on Chapter 13 meeting dates)
Contact GSA to reserve room for 341 meeting date (full
day).
The clerk's office generates the 341 notice.
Docket Meeting of Creditors 341 Notice: [Bankruptcy
> Court Events > Meeting of Creditors Chapter 11]
Checkmark the appropriate form. Click Next. A
formatted notice is displayed. Verify
Information and click [Next] to complete processing.
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then set: |
Chapter 7 |
341 Mtg
Objections to Discharge (unless corporation,
e.g., Corp. Inc., L.L.C., S.C.; partnerships; or trust);
accept date set by CM/ECF. Important
Note: corporations do not receive
a discharge.
Proof of Claim (ONLY if asset case);
accept date set by CM/ECF (70 days after order for
relief or date of conversion) and Government proof
of claim due date (180 days after order for relief
or date of conversion).
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Chapter 11
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341 Mtg
(Note: U.S.
Trustee sets 341 meeting time)
Objections
to Discharge (unless corporation, e.g., Corp.
Inc., L.L.C., S.C.; partnerships; or trust);
accept date set by CM/ECF.
Proof
of claim deadline is set for 70 days after the order
for relief or date of conversion. (D.N.D. Bankr.L.R.
3003-1)
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Chapter 12 |
341 Mtg
(Note: 12/5/14
- Trustee wants 1/2 hour for 341 meeting time)
Objections
to Discharge in ALL cases even if a corporation or
partnership; accept date set by CM/ECF.
Proof
of Claim; accept date set by CM/ECF (70 days after
order for relief or date of conversion) and Government
proof of claim due date (180 days after order for
relief or date of conversion).
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Chapter 13 |
341 Mtg
(Note: 12/5/14
- Trustee wants 1/4 hour for 341 meeting time)
Confirmation Hearing
Last Date to Object to Confirmation
(Subtract 14 days from Confirmation Meeting date).
Objection to discharge deadline set
to 60 days from the 341 meeting date
Proof of Claim; accept date set by
CM/ECF (70 days after order for relief or date of
conversion) and Government proof of claim due date
(180 days after order for relief or date of conversion).
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See
also: Correct
Document Error After Generating Form (but before
submitting to BNC).
Revision
control log
Date |
Comments |
By |
12/1/14 |
Updated information to obtain
341 meeting times in ECF |
CK |
5/7/15 |
Updated government POC deadline
for Ch 11 |
GS |
8/21/18 |
Updated
POC deadlines new Rules; reviewed and updated 341 process. |
DT CK |
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Court Instructions
Time
requirements for 341 Meetings
Chapter 7 - Not less than 21 and no more than 40 days
after the order for relief.
Chapter 12 and 13
- Not less than 21 and
no more than 60 days after the order for relief.
6/1/24
- This rule only applies to Chapter 12 and 13: Pursuant
to Rule 2003(a). . . If the U.S. Trustee designates a place for
the meeting which is not regularly staffed by the U.S. 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.
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