2-00: Introduction: Definitions: Due Process: Bankruptcy CODE; FRBP; FRCP; LBR; District Court Local Rules
All parties must be treated with DUE PROCESS. Therefore, all parties must study the rules and follow them, to contribute to a fair bankruptcy process. Everyone must learn and follow the rules, even if you do not have an attorney. Then, you can determine:
- which parties must be served or receive notice of documents,
- who has the duty to serve documents or provide notice,
- what methods must be used to serve documents or provide notice,
- what are the deadlines to serve documents or provide notice,
- whether a court form be used to serve documents or provide notice, and
- if the documents to be served and filed are not court-prepared forms, what are the form, format and content requirements for preparing and copying the document to be served and filed, and
- if the documents you filed and are ready to serve are clear and legible, and the notice provisions are clear and conspicuous. See TCG Supplement linked below and LBR 9004-1.
Serving documents and providing notice of activities is fundamental to DUE PROCESS in bankruptcy court. It is important to consult all sources of procedures. See links below to each of these resources, including:
- Bankruptcy Code (Title 11 or 11 U.S.C.)
- Federal Rules of Bankruptcy Procedure (FRBP)
- Federal Rules of Civil Procedure (FRCP)
- Local Bankruptcy Rules for the Central District of California (LBR)
- District Court Local Civil Rules for the Central District of California, when our LBR require application of a particular rule
- Procedures required by your judge.
lso, consult Section 4 of The Central Guide:
- Entries in 2002-1 and 2002-2 provide addresses and other information about serving creditors, the United States trustee, and the Internal Revenue Service.
- Entries in 9004-1 provide requirements for the form and format of documents that are prepared by a party.
- Entries in 9013-1 and 9014 provide methods for serving documents and giving notice, and for the content that must be included in a notice.