Mary Hastings Moore

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
MARY HASTINGS MOORE,
Debtor.
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Case No. 09-00297
(Chapter 7)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION AND ORDER RE TRUSTEE’S MOTION TO REOPEN
Aric W. Moore has filed a letter with the court noting that
the debtor may have undervalued her assets on her schedules (Dkt.
No. 27). 	In turn, the Chapter 7 trustee has filed a motion to
reopen this case, which includes a request for an order directing
the debtor to appear at a continued meeting of creditors under 11
U.S.C. § 341 (Dkt. No. 28). 	The case has not been closed, and,
accordingly, I will treat the Chapter 7 trustee’s motion as
seeking an order directing the clerk not to close the case based
on the trustee’s report of no distribution that was filed on May
26, 2009.
As to the request directing that the debtor appear at a
continued meeting of creditors, the first meeting of creditors
was never continued as authorized by Rule 2003(e) and has already
The document below is hereby signed.
Signed: August 18, 2009.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
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been concluded. 	Once it was concluded, that triggered
consequences in the case (such as a deadline for objecting to
discharge that is measured from the date of the conclusion of
that first meeting of creditors). 	It is not possible to adjourn
a concluded first meeting of creditors.
But under Fed. R. Bankr. P. 2003(f), a special meeting of
creditors may be called by the United States Trustee. 	Although
the United States Trustee has not filed the instant motion, the
chapter 7 trustee is authorized by that rule to request the
United States Trustee to call such a meeting, and all indications
are that the United States Trustee would call such a meeting to
permit the chapter 7 trustee to permit an inquiry into
allegations of misconduct by the debtor in this case, so I will
not waste time trying to determine whether on request of a party
in interest the court may direct the United States Trustee to
call a special meeting of creditors.
Furthermore, under Fed. R. Bankr. P. 4002(a)(1), the debtor
shall “attend and submit to an examination at the times ordered
by the court.” 	Under 11 U.S.C. § 343 the debtor must appear and
submit to an examination at the meeting of creditors under
§ 341(a), but that means the first meeting of creditors. 	See In
re Molitor, 395 B.R. 197, 202-203 (Bankr. S.D. Ga. 2008). 	In
contrast, there is no provision in the Bankruptcy Code or Federal
Rules of Bankruptcy Procedure automatically requiring the debtor
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to attend a special meeting of creditors and to submit to
examination at that meeting. 	Instead, there must be an order or
subpoena directing such attendance. 	Fed. R. Bankr. P. 2004(d)
provides that the court may “for cause shown and on terms as it
may impose order the debtor to be examined under this rule at any
time or place it designates . . . .” 	But before such an order is
entered adjudicating that cause exists, the debtor should be
given an opportunity to address whether cause exists and, if
cause is found to exist, the terms the order should impose,
including the time and place to be designated. 	Alternatively,
pursuant to Fed. R. Bankr. P. 2004(c), the trustee may obtain
authority to issue and serve on the debtor a subpoena for the
debtor to appear at the special meeting of creditors. 	The
court’s Local Bankruptcy Rule 2004-1 recognizes that authority to
issue such a subpoena may be sought ex parte as the debtor will
retain the right to seek to quash the subpoena or to object to
the production of documents pursuant to such a subpoena. 	The
trustee has laid out adequate grounds for the court to authorize
the issuance of a subpoena.
It is thus
ORDERED that the clerk shall disregard the trustee’s report
of no distribution and not close this case unless and until the
trustee files other papers pursuant to which the case is in a
posture to be closed. 	It is further
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ORDERED that the United States Trustee is authorized by
filing a docket entry or a praecipe to call for a special meeting
of creditors under Fed. R. Bankr. P. 2003(f) and to request the
clerk to issue notice of that special meeting of creditors at
such time and place as may be fixed in an order compelling the
debtor to attend pursuant to motion of the chapter 7 trustee (or
such time and place as the United States Trustee advises will be
the time and place that the trustee will be employing in a
subpoena to compel the debtor’s attendance). 	It is further
ORDERED that the special meeting of creditors may be
adjourned from time to time by announcement at the meeting of the
adjourned date and time without further written notice. 	It is
further
ORDERED that the request for an order directing the debtor
to appear and be examined at the special meeting of creditors is
denied without prejudice, but the trustee is authorized pursuant
to Fed. R. Bankr. P. 2004(c) to issue and serve on the debtor a
subpoena compelling the debtor to appear and testify at the
special meeting of creditors. 	It is further
ORDERED that if the trustee wishes to obtain an order
compelling the debtor to appear and testify at the special
meeting of creditors, the trustee shall file a renewed motion
(specifying that the trustee requests an order under Fed. R.
Bankr. P. 2004(d) directing the debtor to appear and testify at
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the special meeting of creditors), and serve it on the debtor
with notice under Local Bankruptcy Rule 9013-1 of an opportunity
to oppose the motion.
[Signed and dated above.]
Copies to: Debtor; Debtor’s attorney; Chapter 7 Trustee; Office
of United States Trustee;
Aric W. Moore
2800 Chesterfield Place, NW
Washington, DC 20008
5	O:\TEEL\Judge Temp Docs\Moore (Mary Hastings) Mem Decsn & Order re Mtn to Reopen & Continue Meeting of Creditors.wpd
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