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Summons In Adversary Proceeding (NYEB-Judge Trust) Form. This is a New York form and can be use in Bankruptcy Court Federal.
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Tags: Summons In Adversary Proceeding (NYEB-Judge Trust), New York Federal, Bankruptcy Court
U NITED S TATES B ANKRUPTCY C OURT
E ASTERN D ISTRICT OF N EW Y ORK
NOTE: All docum ents filed in this matter m ust be identified by both
adversary and bankruptcy case num bers, case chapter and judge’s initials
In re:
Bankruptcy Case No.
Debtor.
Chapter
Plaintiff,
Adversary Proceeding No.
Defendant.
SUMMONS IN AN ADVERSARY PROCEEDING
YOU ARE SUMMONED and required to file a motion or answer to the complaint which is attached to this summons with
the clerk of the bankruptcy court within 30 days after the date of issuance of this summons, except that the United States
and its offices and agencies shall file a motion or answer to the complaint within 35 days.
Address of Clerk:
U.S. Bankruptcy Court
290 Federal Plaza
P.O. Box 9013
Central Islip, New York 11722-9013
At the same time, you must also serve a copy of the motion or answer upon the plaintiff’s attorney.
Name and Address of Plaintiff’s Attorney:
If you make a motion, your time to answer is governed by Fed.R. Bankr.P. 7012.
IF YOU FAIL TO RESPOND TO THIS SUMMONS, YOUR FAILURE WILL BE DEEMED TO BE YOUR
CONSENT TO ENTRY OF A JUDGMENT BY THE BANKRUPTCY COURT AND JUDGMENT BY DEFAULT
MAY BE TAKEN AGAINST YOU FOR THE RELIEF DEMANDED IN THE COMPLAINT.
ROBERT A. GAVIN, JR., Clerk of Court
Date:
By:
Deputy Clerk
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CERTIFICATE OF SERVICE
, certify that I am, and at all times during the
I,
(name)
service of process was, not less than 18 years of age and not a party to the matter concerning which service of
process was made. I further certify that the service of this summons and a copy of the complaint was made
by:
(date)
Mail service: Regular, first class United States mail, postage fully pre-paid, addressed to:
Personal Service: by leaving the process with defendant or with an officer or agent of defendant at:
Residence Service: By leaving the process with the following adult at:
Publication: The defendant was served as follows: [Describe briefly]
State Law: The defendant was served pursuant to the laws of the State of
,
(name of state)
as follows: [Describe briefly]
Under penalty of perjury, I declare that the foregoing is true and correct.
Date
Signature
Print Name
Business Address
City
State
Zip
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UNITED STATES BANKRUPTCY COURT
Eastern District of New York
NOTICE OF ELECTRONIC FILING PROCEDURE
The following applies to all adversary proceedings filed on or after January 1, 2003.
The court’s Electronic Case Filing (“ECF”) system is accessible via the court’s Internet site at
www.nyeb.uscourts.gov. In compliance with Federal Rule of Civil Procedure 11 and the court’s
General Order on Electronic Filing Procedures (“General Order #473"), the attorney’s initials, the
last four digits of the attorney’s social security number and the password assigned to the attorney by
the court shall constitute the attorney’s signature on any document filed electronically. Security of
a password issued to an attorney is the attorney’s responsibility. An original signed copy of all filings
shall be maintained in the attorney’s file in accordance with General Order #473.
All parties with legal representation must file documents by one of the following methods:
1. INTERNET (Preferred Method): The requirements for filing, viewing and retrieving case
documents over the Internet are: A personal computer running a standard Windows platform
(Windows 98/Me/NT/2000/XP); an Internet provider using Point to Point Protocol (PPP) for dial-up
service, or offering DSL or cable service; Netscape Navigator software version 4.7x or higher or
Microsoft Internet Explorer version 5.5 or higher; and software to convert documents from a word
processing format (e.g., Corel WordPerfect or Microsoft Word) to portable document format (PDF).
(If the word processing software you use does not contain a built-in conversion utility, you will need
Adobe Acrobat, version 4.01 or higher.) ECF login is available at the court’s Internet site at
www.nyeb.uscourts.gov. Note that a password is needed to file documents directly into the system
over the Internet. Please contact the court to obtain a password. In addition, a PACER login is
needed to view or print documents from the system. A PACER login can be obtained by calling the
PACER Service Center at 1-800-676-6856 or by visiting their Internet site at
http://pacer.psc.uscourts.gov.
2. DISKETTE, PDF FORMAT: If you are not equipped or have not registered to file over the
Internet, you must submit your documents on a diskette, in PDF format. Adobe Acrobat software
will provide you with the ability to create documents in PDF format; additionally, word processing
programs such as Corel WordPerfect and Microsoft Word include a built-in conversion utility. Use
a separate diskette for each filing. Submit the diskette in an envelope with the case name, case
number, type and title of the document, and the file name on the diskette.
3. DISKETTE, NON-PDF FORMAT: If you are unable either to file over the Internet or create
documents in PDF format, you must submit your documents on a diskette in one of the following
formats: Corel WordPerfect, Microsoft Word, DOS text(ASCII) or a scanned image of your filing.
Use a separate diskette for each filing. Submit the diskette in an envelope with the case name, case
number, type and title of the document, and the file name on the diskette.
Parties without legal representation may file documents in paper form, in accordance with
procedures set forth in the court’s Local Rules.
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