JAVIER ENRIQUE FERNANDEZ ESPINOSA and NANNETTE DE LOURDES LAFUENTE AMADOR

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Case:11-02228-ESL7 Doc#:50 Filed:04/17/12 Entered:04/18/12 13:45:09 Desc: Main
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1 IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF PUERTO RICO
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IN RE: : CASE NO. 11-02228 (ESL)
4 :
JAVIER E. FERNANDEZ ESPINOSA :
5 |NANNETTE DE LOURDES LAFUENTE : CHAPTER 7
6 Debtors :
OPINION AND ORDER
8 This case is before the court upon debtors’ opposition to the “trustee’s sine die continuance
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and request to deem §341 meeting closed” and the reply thereto by the Chapter 7 trustee. The debtors

10 allege that the decisions by the United States Bankruptcy Appellate Panel for the First Circuit in In

'T Ire Newman, 428 B.R. 257 (BAP 1* Cir, 2010) and In re Cushing, 401 B.R. 528 (BAP 1" Cir, 2009)

12 support their request. The Chapter 7 trustee replied alleging that the 341 meeting was continued held

13 open and continued sine die because there are assets to recover and that the debtors are not harmed

M4 by holding the 341 meeting open. For the reasons stated below the debtors’ motion is hereby granted.

15 Section 341(a) of the Bankruptcy Code, 11 U.S.C. § 341 (a), requires that a meeting of

16 creditors be convened "{w}ithin a reasonable time after the order for relief." Rule 2003(a) of the

iM Fed. R. Bankr. P. provides the time frame within which a meeting of creditors must be scheduled

18 for each chapter under which a bankruptcy petition may be filed. Rule 2003(e) states that "[t}he

19 meeting may be adjourned from time to time by announcement at the meeting of the adjourned

20 date and time without further written notice." Rule 2003(e) specifically requires that the date and

71 time to which the meeting of creditors is adjourned be announced at the meeting. A chapter 7

22 trustee may not hold the meeting open indefinitely or sine die as such a continuance will unduly

23 prolong the time to object to the debtor's claimed exemptions. In re Newman, 428 B.R. 257

*4 I(B.A.P. Ist Cir. 2010). See also In re Cushing, 401 B.R. 528 (B.AP. Ist Cir. 2009), The 30-day

25 period set forth in Rule 4003(b)(1) for the trustee to object to a debtor's claim of exemptions must

26 Ibe strictly interpreted. In re Kuhnel, 495 F. 3d 1177 (10th Cir, 2007).

27 Trustees should continue or adjourn a meeting of creditors following Rule 2003(e). The

28 date and time of the adjourned meeting must be specified in the meeting minutes. Otherwise, the

AUTHENTICAFED
U.S. GOVERNN{ENT
INFORMATION

GPO

Case:11-02228-ESL7 Doc#:50 Filed:04/17/12 Entered:04/18/12 13:45:09 Desc: Main

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meeting will be deemed closed. In chapter 13 cases, as was the case in In re Cushing, this ruling
may operate against the debtor and cause the dismissal of the petition. In chapter 7 cases, as was
the case in In re Newman, the debtor may benefit by enforcing the 30-day period to object to

exemptions set forth in Rule 4003(b)(1).

In view of the above, the court hereby grants debtor’s request to deem the 341 meeting
closed.
SO ORDERED.
In San Juan, Puerto Rico, this 17" day of April, 2012.
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