INVOLUNTARY PETITIONS

U.S. Bankruptcy Court for the Eastern District of New York

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Eastern District of New York

Rule: 1013-1

Jurisdiction: EDNYB

Bluebook Citation: Bankr. E.D.N.Y. R. 1013-1

All Rules: Bankr. E.D.N.Y. Local Bankruptcy Rules, complete index


Text

(a) Entry of Order for Relief upon Default of Alleged Debtor. An order for relief shall be entered if proof of service of the summons and involuntary petition has been filed and the alleged debtor has not timely responded. (b) Notice of Entry. Upon entry of an order for relief in an involuntary case, the Clerk shall serve a copy of the order with notice of entry upon the petitioners, the debtor, the debtor’s attorney of record, if any, and the United States trustee.

(c) Dismissal. -9- The Court may dismiss the case if proof of service of the summons and involuntary petition pursuant to Bankruptcy Rule 7004 is not timely filed. REFERENCE: Bankruptcy Rule 7004

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