RULE 2007.1-1 APPOINTMENT OF TRUSTEE OR EXAMINER IN A CHAPTER 11 REORGANIZATION CASE OR ELECTIONOF A TRUSTEE UNDER 11 U.S.C. § 1104(b) Modified 12/1/01
(a) Election of Trustee in a Chapter 11 Reorganization Case.
(1) Request for an Election. A request to convene a meeting of creditors for the purpose of electing a trustee in a chapter 11 reorganization case shall be filed and transmitted to the United States trustee in accordance with Fed. R. Bankr. P. 5005 within the time prescribed by § 1104(b) of the Bankruptcy Code. Pending Court approval of the person elected, any person appointed trustee under § 1104(d) and approved in accordance with subdivision (b) of this LBR shall serve as trustee.
(2) Manner of Election and Notice. An election of a trustee under § 1104(b) of the Code shall be conducted in the manner provided in Fed. R. Bankr. P. 2003(b)(3) and 2006. Notice of the meeting of creditors convened under § 1104(b) shall be given as provided in Fed. R. Bankr. P. 2002. The United States trustee shall preside at the meeting. A proxy for the purpose of voting in the election may be solicited only by a committee of creditors appointed under § 1102 of the Code or by any other party entitled to solicit a proxy pursuant to Fed. R. Bankr. P. 2006.
(3) Appointment and Resolution of Disputes. If it is not necessary to resolve a dispute regarding the election or if the Court has resolved all such disputes, the United States trustee shall promptly appoint the person elected to be trustee and file an application for approval of the appointment in accordance with subdivision (b) of this LBR. If it is necessary to resolve a dispute regarding the election, the United States trustee shall promptly file a report informing the Court of the dispute and pending resolution, the person appointed under § 1104(b) as trustee shall continue to serve. Not 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 convene a meeting under § 1104(b) or to receive a copy of the report, and to any committee appointed under § 1102 of the Code. Unless a motion for the resolution of the dispute is filed not later than 10 days after the United States trustee files the report, any person appointed by the United States trustee under § 1104(d) and approved in accordance with subdivision (b) of this LBR shall serve as trustee.
(b) Approval of Appointment. An order approving the appointment of a trustee elected under §1104(d), or the appointment of an examiner under §1104(d) of the Code, shall be made on application of the United States trustee. The application shall state the name of the person appointed and, to the best of the applicant's knowledge, all the person's connections with the debtor, creditors, any other parties in interest, their respective attorneys and accountants, the United States trustee, and persons employed in the office of the United States trustee. Unless the person has been elected under §1104(b), the application shall state the names of the parties in interest with whom the United States trustee consulted regarding the appointment. The application shall be accompanied by a verified statement of the person appointed setting forth the person's connections with the debtor, creditors, any other party in interest, their respective attorneys and accountants, the United States trustee, and any person employed in the office of the United States trustee.
©1998 US Bankruptcy
Court
District of Rhode Island
03 November 1998