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Local Bankr.R.7004-1

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Local Bankr. R. 7004-1 Process; Service of Summons, Complaint.

EFFECTIVE MARCH 16, 2026

  1. Serving an Individual or Entity within a Judicial District of the United States
    1. Certificate of Service. The plaintiff or petitioning creditor shall file, within seven (7) days after service, a certificate of service demonstrating service of the summons upon individuals or entities within a Judicial District of the United States in compliance with FRBP 7004(e) within the time frame set forth in the summons.
    1. Amended or Subsequent Summons.
      1. Summonses directed towards individuals or entities within a Judicial District of the United States expire in accordance with the timeframe set forth in FRBP 7004(e).  Within the timeframe set forth in FRCP 4(m), made applicable by FRBP 7004(a)(1), the Clerk shall issue an amended or subsequent summons upon written request by a plaintiff or petitioning creditor who fails to effect service within the timeframe set forth in FRBP 7004(e).
      1. If the timeframe set forth in FRCP 4(m) within which to serve a summons on an individual or entity within a Judicial District of the United States has elapsed, the adversary proceeding or involuntary bankruptcy case may be dismissed unless the plaintiff or petitioning creditor demonstrate good cause for the failure to timely serve the summons, in which case, an order shall enter requiring service of a subsequent summons within an appropriate period of time.
  1. Serving an Individual or Entity in a Foreign Country
    1. Certificate of Service.  The plaintiff or petitioning creditor shall file, within seven (7) days after service, a certificate of service demonstrating service of the summons on an individual or entity in a foreign country in compliance with FRCP 4(f), (h), and (j), made applicable by FRBP 7004(a)(1).
    1. Expired Summons.  If a summons directed towards an individual or entity in a foreign country is expired or otherwise deficient under applicable law, a subsequent summons may issue upon request in writing, or the adversary proceeding or involuntary bankruptcy case may be dismissed upon request, in accordance with applicable law.
    1. Service of Answer or Motion by a Party Served in a Foreign Country. Pursuant to FRBP 7012(a), a defendant served with a summons and a complaint in a foreign country, must file a motion or answer to the complaint within 30 days from proper service of the summons and complaint, unless the Court orders a different deadline to file a motion or answer to the complaint upon motion made.