Summons And Notice Of Status Conference In Adversary Proceeding {F 7004-1.SUMMONS.ADV.PROC}

F 7004-1.SUMMONS.ADV.PROC, SUMMONS AND NOTICE OF STATUS CONFERENCE IN ADVERSARY PROCEEDING [LBR 7004-1], When a party in a chapter 15 case seeks injunctive relief under Bankruptcy Code section 1519(e), a summons is required to initiate the proceeding. The party seeking injunctive relief must prepare and submit the summons to the court, which will then insert the date/time/location of a status conference. The summons must be served within 7 days of being issued, pursuant to FRBP 7004(e). A proof of service of summons must be filed using the court's mandatory form. When filing the proof of service, use the event code "Summons Service Executed." Original Summons: Pursuant to LBR 7004-1(a)(1)(A), plaintiffs do not need to lodge a proposed form of Summons in order to have a Summons or Another Summons issued in an adversary proceeding. The court will prepare the required Summons or Another Summons and place it on the docket of the adversary proceeding. For plaintiffs who are registered CM/ECF users, they will receive an NEF and can then download the summons and serve it on defendants. For plaintiffs who are not registered CM/ECF users, the court will mail a copy of the summons and, then, the plaintiff can serve the summons on defendants. Serve Summons Within 7 Days: Pursuant to FRBP 7004(e), a summons must be served on defendants no later than 7 days after the court places it on the docket. The methods of serving a summons are provided in FRBP 7004 and FRCP Rule 4. Request Another Summons: if a plaintiff does not serve the summons on all defendants within 7 days after it is issued, or the plaintiff wishes to add new parties to the adversary proceeding, the plaintiff must file a request for another summons, pursuant to LBR 7004-1(a)(1)(B). A hearing is not required to request another summons. The requesting party must file a Notice of Motion for Order Without Hearing under LBR 9013-1(p). This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California. www.FormsWorkflow.com