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Serving Adversary Complaints

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The following tips are provided to assist with the filing and service of new adversary complaints.

Complaint: The complaint must clearly state the nature(s) of suit. The complaint title, content regarding code and rule references, and the prayer clause should be in sync. Although an “Adversary Proceeding Cover Sheet” is not re-quired to be filed when an adversary is filed electronically, the form includes a list of nature of suit codes and legal ref-erences helpful to all filers. It is available on the court website under “Official Bankruptcy Forms and AO Director’s Procedural Forms.” A Corporate Ownership Statement must be filed, as applicable, pursuant to Local Rule 7003-1(B)(2).

Service: The clerk will generate and docket the summons or, if applicable, an alias summons, and electronically trans-mit it to the plaintiff, who must serve the complaint, summons and notice of pretrial/trial, and order setting filing and disclosure requirements on all defendants in accordance with the Bankruptcy Rules and these local rules. See Bank-ruptcy Rule 7004(e) and Local Rule 7004-2.

The Certificate of Service which is page three of the issued summons, identifies service requirements. A proof of service is entered in CM/ECF using the following event:

  • Adversary > Other > Summons Service Executed (if served), or
  • Adversary > Other > Summons Service Unexecuted (if not served)
October 2015