2007-1. [RESERVED] [Former Rule 18]
2007-1.1. ELECTION OF TRUSTEE IN A CHAPTER 11 REORGANIZATION CASE [Rule 40]
A. REQUEST FOR AN ELECTION: A request to convene a meeting of creditors for the purpose of electing a trustee in a chapter 11 reorganization shall be filed and transmitted to the United States Trustee in accordance with Rule 5005 Fed.R.Bankr.P. within the time prescribed by § 1104(b) of the Bankruptcy Code. Pending Court approval of the person elected, a person appointed trustee under § 1104(d) shall serve as trustee.
B. MATTER OF ELECTION AND NOTICE: An election of a trustee under § 1104(b) of the Code shall be conducted in the manner provided in Rules 2003(b)(3) and 2006 Fed.R.Bankr.P. Notice of the meeting of creditors convened under § 1104(b) shall be given in the manner and within the time provided for notices under 2002(a) Fed.R.Bankr.P. A proxy for the purpose of voting in the election may be solicited by a committee appointed under § 1102 of the Code and by any other party entitled to solicit a proxy under Rule 2006 Fed.R.Bankr.P.
C. APPLICATION FOR APPROVAL OF APPOINTMENT AND RESOLUTION OF DISPUTES: If it is not necessary to resolve a dispute regarding the election of the trustee or if all disputes have been resolved by the Court, the United States Trustee shall promptly appoint the person elected to be trustee and file an application for approval of the appointment of the elected person under Rule 2001.1(b) Fed.R.Bankr.P., except that the application does not have to contain names of parties in interest with whom the United States Trustee has consulted.
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. If no motion for the resolution of the dispute is filed within 10 days after the date of the creditors’ meeting called under §1104(b), a person appointed by the United States Trustee in accordance with § 1104(d) of the Code and approved in accordance with Rule 2007(b) Fed.R.Bankr.P. shall serve as trustee.