Service of Involuntary Summons and Complaint

Last Updated: January 15, 2016

The Clerk's Office will issue the Adversary Summons.  The Summons and Complaint must be served on the defendant(s) pursuant to Rule 7004(e), within 7 days after issuance.  After service has been made, a Proof of Service must be filed.  See Summons to Debtor in Involuntary Case.

Filing Requirements:

  • Proof of Service

  • Important Note:  This event is only  used for filing the Proof of Service/Certificate of Service indicating service of the Involuntary Summons and Complaint; for all other documents requiring proof of service, use event "Certificate of Service."

Step-by-Step Procedures:

  1. Review the papers for necessary filing and noticing requirements.

  2. Scan documents.

  3. Log into CM/ECF.

  4. Select [Bankruptcy > Misc/Other].

  5. Enter the involuntary case number (e.g, xx-xxxxx).

  6. Select [Involuntary Summons Service Executed] from the event list.

  7. Select the party filer.

  8. Browse to select the Proof of Service (.pdf file).

  9. Select the Party that the Summons is being served on.
    (Note: You should not have to Add/Create New Party; if party is not there to select, stop and recheck parties added at time of filing or contact the Clerks Office)

  10. Enter the date summons and complaint was served and date answer due will automatically fill-in.

  11. Modify the text if appropriate.

  12. Verify the final docket text; if correct, click [Next].  

    N
    ote: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

  13. Place document(s) in file/chron box.

Court Will:

  1. Tickle calendar (or email the Case Manager) to monitor that answer is filed.

  2. If no answer filed in 21 days, see Order for Relief.


  1. Revision control log

    Date

    Comment

    By

    12/15

    Created.

    CK

     

     

     

 

 

 

 

11 U.S.C.:
FRBP: 7004(e)