ISSUANCE AND SERVICE OF SUMMONS AND NOTICE OF STATUS

U.S. Bankruptcy Court for the Central District of California

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Central District of California

Rule: 7004-1

Jurisdiction: CACDB

Bluebook Citation: Bankr. C.D. Cal. R. 7004-1

All Rules: Bankr. C.D. Cal. Local Bankruptcy Rules, complete index


Text

CONFERENCE (a) Issuance. (1) Adversary Proceeding. (A) Original Summons. After a complaint is filed pursuant to FRBP 7003, the clerk will issue and file a Summons and Notice of Status Conference, whether the complaint is filed electronically or non-electronically.

(B) Another Summons. Any request that the clerk issue and file another Summons and Notice of Status Conference must be made by filing and serving a request pursuant to LBR 9013-1(p) and using the court approved form. (i) Original Summons Not Timely Served. A plaintiff may request another summons ("alias summons") pursuant to FRBP 7004(e) if a plaintiff is unable to timely serve a summons, and still wishes to serve a complaint on one or more parties.

(ii) Additional Party Added or Joined. A party may request another summons if an additional party is to be added or joined by way of any procedure authorizing such addition or joinder, including a third party complaint. (2) Involuntary Petition. The attorney or party must prepare a Summons and Notice of Status Conference for issuance by the clerk, using court-mandated form F 1010-1.SUMMONS.INVOL for involuntary petitions.

The summons must be presented concurrently with the filing of an involuntary petition pursuant to 11 U.S.C. § 303. (b) Manner of Service. A summons must be served in the manner authorized in FRBP 7004. If a summons or any document is served by mail, the mailing address must include the zip code.

The notice required by FRBP 7026 and LBR 7026-1 must be served with the summons and complaint. 89 LBR 7016-1

Chat with this local rule using AI

Ask CiteLaw's AI Navigator anything about this local rule, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.