1010-1: Involuntary Petition: Summons Required; Documents to File After Order for Relief
FRBP 1010, LBR 1010-1 and LBR 7004-1(a) provide the procedure that must be followed when creditors file an involuntary petition against another person or entity. The petition must be submitted for filing in person at an intake window unless the creditors are represented by an attorney who is authorized to file documents electronically via CM/ECF. The procedure is that the creditors who submit the involuntary petition must prepare and submit a summons to the court on the the same date that the involuntary petition is filed. If the parties do not submit a summons to the court, the involuntary petition may be dismissed without a hearing.
- The court provides a form summons. See link below.
Next, the court inserts a response deadline and the date/time/location of a status conference in the summons. The court then issues the summons by filing it on the case docket. Then, creditors who filed the involuntary petition must serve the summons along with the involuntary petition, using the procedures of FRBP 7004 and FRCP Rule 4.
- Pursuant to FRBP 7004(e), the summons must be served within 7 days of being issued, and the involuntary petition must be served along with the summons.
- FRBP 1013 contains provisions on holding a hearing when a party contests an involuntary petition.
- FRBP 1018 contains provisions to comply with when a party contests an involuntary petition, including application of specified rules of the FRBP Part VII Rules.
After serving the Summons and the Involutary Petition, the creditors must file a proof of service.
- The court has a mandatory form Proof of Service. See link below
- Please use the event code "Summons Service Executed".
If the summons and involuntary petition are not timely served, the creditors must file a Request for Another Summons.
- The court has a form. See link below
- The creditors must also file a Notice of Motion for Order Without a Hearing. See link below.
Filing Documents After an Order for Relief is Entered -- FRBP 1007(c) contains instructions on what documents a debtor must file if an order for relief is entered.
Interim Chapter 7 Trustee in an Involuntary Case -- FRBP 2001 provides the procedure for a party to request appointment of an interim trustee when an involuntary bankrupty case has been filed.