Serving an Involuntary Petition and Summons

Federal Rules of Bankruptcy Procedure

Rule: 1010

Jurisdiction: US

Bluebook Citation: Fed. R. Bankr. P. 1010

(a) IN GENERAL. After an involuntary petition has been filed, the clerk must promptly issue a summons for service on the debtor. The summons must be served with a copy of the petition in the manner that Rule 7004(a) and (b) provide for service of a summons and complaint. If service cannot be so made, the court may order service by mail to the debtor’s last known address, and by at least one publication as the court orders. Service may be made any- where. Rule 7004(e) and Fed. R. Civ. P. 4(l) govern service under this rule. (b) CORPORATE-OWNERSHIP STATEMENT. A corporation that files an involuntary petition must file and serve with the petition a corporate-ownership statement containing the information de- scribed in Rule 7007.1. (As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 22, 1993, eff. Aug. 1, 1993; Apr. 11, 1997, eff. Dec. 1, 1997; Apr. 23, 2008, eff. Dec. 1, 2008; Apr. 28, 2016, eff. Dec. 1, 2016; Apr. 2, 2024, eff. Dec. 1, 2024.)

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