2-19: Proof of Service: MANDATORY FORM; Serving Debtor and Attorney for Debtor
A fundamental principle of due process is proving that you gave a copy of your documents and other notices to all parties who are entitled to a copy of those documents and notices. This principle applies to any document that is filed, whether the document you file is a notice, a motion, a response, a reply, a declaration, an adversary complaint, an answer to a complaint, etc. This concept is called "Proof of Service" and there are no exceptions UNLESS a rule specifically authorizes the document to be filed without serving any party.
- When an adversary proceeding or contested matter must be served on the debtor, and the debtor is represented by an attorney, FRBP 7004(g) also requires service on the debtor's attorney, using any method allowed in FRCP 5(b).
- When an adversary proceeding or contested matter must be served on a Party that is an Insured Depository Institution, FRBP 7004(h) requires that service be provided by certified mail addressed to the attention of an officer of the institution.
A "Proof of Service" is a one-page document that must be attached at the back of every document filed in bankruptcy court, whether the document was filed on a docket in a bankruptcy case or on a docket in an adversary proceeding. The purpose of a proof of service is to list the parties and attorneys who were served and list the method of service -- by Notice of Electronic Filing, by mail, by overnight mail, or by email.
- The "Proof of Service" document is a mandatory form. See link below
- Be sure to read LBR 9013-3 and LBR 9013-1(e) for procedures to follow when preparing and filing a Proof of Service.