Complaint For Turnover Of Property To The Estate Instructions
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Complaint For Turnover Of Property To The Estate Instructions Form. This is a Tennessee form and can be use in USBC Western Federal.
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Tags: Complaint For Turnover Of Property To The Estate Instructions, LF009ECINFO, Tennessee Federal, USBC Western
INSTRUCTIONS FOR USING FORM LF009ECF
1.
This form is designed for use only in Chapter 13 cases where the debtor seeks the return of
property taken by repossession or garnishment immediately prior to the filing of a bankruptcy
case. Requests for money judgment, specific performance or declaratory relief should not be
made by way of this form, but should be made by way of summons and complaint.
2.
The full name and address of the defendant must be provided. This information will be used to
create the Notice of Expedited Hearing on Complaint for Turnover of Property to the Estate.
3.
Service of the Complaint for Turnover of Property to the Estate and of the Notice of Expedited
Hearing on Complaint for Turnover of Property to the Estate must be made as provided in FED. R.
BANKR. P. 7004. That rule should be carefully consulted concerning the requirements of service
for defendants who are not natural persons.
4.
In addition, because hearings on these complaints are set on an expedited basis, the plaintiff or
attorney for the plaintiff must give telephonic notice of the filing of the complaint and the date
and time of the hearing to the defendant.
5.
The plaintiff or attorney for the plaintiff should file a certificate of service indicating the date and
manner of service well in advance of the scheduled hearing.
Complaint Turnover of Property Estate/lf009ecf
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