Notice and Service Requirements List

North Dakota Local Rules

North Dakota Local Forms

 

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:

  1. Select [Bankruptcy>Court Events>(hold Ctrl key and highlight both events) >Add Judge Assignment and Add Trustee].

  2. Select Judge, click [Next].

  3. Select Trustee, click [Next].

  4. 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:

  1. If case administrator dockets case:  Select [Bankruptcy > Utilities > Run Judge/Trustee Assignment for one case].   

  2. 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.

  1. 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.

    • Scoll down and click save.

 

  1. 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.

    1. 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.

    2. 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.

    3. 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:

  1. 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.

  2. 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)

  3. Contact GSA to reserve room for 341 meeting date (full day).

  4. The clerk's office generates the 341 notice.

  5. Docket Meeting of Creditors 341 Notice: [Bankruptcy > Court Events > Meeting of Creditors Chapter 11]

  6. Checkmark the appropriate form. Click Next.  A formatted notice is displayed. Verify Information and click [Next] to complete processing.

If

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).

Chapter 11

 

  • 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)

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).

 

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).

  1.  

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

     

 

 

 

 

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.