Official Procedure Last Change April 25, 2012
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Bankruptcy > File Involuntary Bankruptcy Case & Pleadings > File Pleadings in Involuntary Case > Involuntary Summons Service Executed |
Once the court has prepared and docketed the summons, the petitioning creditor is responsible for serving a copy of the summons on the debtor. Once this has been done, the party that served the summons must file a certificate of service using the instructions below.
CM/ECF automatically calculates the due date for the debtor's answer to be filed as 21 days after the date service was made.
The Certificate of Service should indicate:
the party or parties served,
the date service was made,
the name of the person making the service, and
the method of service.
The Certificate of Service should be signed, along with a statement under penalty of perjury that the information is true and correct.
The Involuntary Summons Service Executed (Certificate of Service) event must be used, not the regular Certificate of Service event. If the Summons could not be served on any of the required parties, the Involuntary Summons Service Unexecuted event should be used to indicate which parties were not served.
Select Bankruptcy > File Involuntary Bankruptcy Case & Pleadings... > File Pleadings in Involuntary Case
Enter case number. Click Next
Select Involuntary Summons Service Executed from the event list and click Next
External Users Only: Check box if jointly filing with another attorney. Click Next. If jointly filing, select additional attorneys and click Next
Select the party filer and click Next. If the party is not listed, click on Add/Create New Party
Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association.
Enter date of service. Click Next
Due date for involuntary answer is calculated and displayed. Click Next
Check box(es) next to appropriate docket entry to which this filing relates and click Next
If applicable, select prefix text and/ or insert text in text field click Next
Verify the final docket text; if correct, click Next to submit your document(s).
Note: 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.
Curing Deficiencies:
If the Certificate of Service is deficient: A new Certificate of Service, fixing deficient items, must be filed prior to the deficiency deadline or the case may be referred to the judge.