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Memorandum Documents Required For Processing Order Form. This is a North Carolina form and can be use in USBC Middle Federal.
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Tags: Memorandum Documents Required For Processing Order, CO-144, North Carolina Federal, USBC Middle
CO-144 (6/95)
MEMORANDUM
TO:
Preparer of Order
FROM:
Bankruptcy Clerks Office
RE:
Documents Required for Processing Order
===================================================
Pursuant to Federal Bankruptcy Rule 9022, the Bankruptcy Clerks Office is required to serve notice of
entry of Judgments and Orders. Accordingly, the Clerks Office will note the date of entry on each Order, and,
unless the Court directs otherwise, will serve copies of the Orders on all contesting parties. To ensure that
service is proper, the Court requires that the preparer of each Order submit the following items to the Clerks
Office:
C
A certificate of service, which will be signed by the Clerks Office. The certificate of service must
include the Bankruptcy Administrator in (a) all Chapter 7 and 11 cases, and (b) in Chapter 12 and 13
cases when the order regards (1) fees, (2) a dismissal with prejudice, (3) a motion filed by the
Bankruptcy Administrator, or (4) a motion responded to by the Bankruptcy Administrator. If service of
the Order upon the Bankruptcy Administrator is required, the certificate should include a notation that
service was made by "hand delivery," which is the Clerks Office's method of serving the Bankruptcy
Administrator.
The certificate should also include all contesting parties, who commonly include (as applicable) the
movant, trustee, debtor in possession, creditors committee chairman, and any party filing a response or
objection. If an attorney has appeared for a party, the party's name should be listed in care of the
attorney (for example, Joe Debtor c/o Mary Attorney). Because the Clerks Office will serve all copies
of the Order, your name should appear on the list of parties served as well.
If the Greensboro or Winston-Salem Chapter 13 Standing Trustee is included on the certificate, the
certificate should include a notation that service was made by "hand delivery," which is the method of
service to these Trustees. This notation should not be included for the Durham Standing Trustee.
A sample certificate of service is attached.
C
Pre-addressed, stamped envelopes for every party (except for Bankruptcy Administrator and
Chapter 13 Standing Trustees) listed on the certificate of service. Your return address should
appear on each envelope. If there are any returned envelopes, you should prepare a new envelope with
the correct address, and submit the envelope with a certificate of service (containing only the name and
address of the returned envelope(s)) to the Clerks Office. For offices that use a postage meter, it is
recommended that the meter date remain blank.
C
Enough copies of the Order for service upon the parties listed on the certificate of service.
Your prompt attention to submitting these items will ensure that the Clerks Office properly serves
Orders.
attachment: Sample of Certificate of Service
2001 © American LegalNet, Inc.
UNITED STATES BANKRUPTCY COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
IN RE:
)
)
)
)
)
Joe Debtor
Ima Debtor
Debtors.
Case Number: B-95-55555C-7W
CERTIFICATE OF SERVICE
THIS IS TO CERTIFY that on the below date, the undersigned
Deputy Clerk served a copy of the [DESCRIPTION OF ORDER BEING SERVED]
by depositing the same, enclosed in a postpaid wrapper, properly
addressed to the following parties in interest, at their last known
addresses as shown below, in a post office or official depository
under the exclusive care and custody of the United States Postal
Service:
Big Bank
c/o Mary Jones
P.O. Box 99999
Winston-Salem, NC
27114
Joe and Ima Debtor
c/o Fred Smith
P.O. Box 00000
Winston-Salem, NC 27114
Michael D. West, Esq.
U.S. Bankruptcy Administrator
101 South Edgeworth Street
Greensboro, NC 27401
THIS the
day of
(HAND DELIVERED)
, 1996.
OFFICE OF THE CLERK
BY:
Deputy Clerk
2001 © American LegalNet, Inc.