When an Involuntary petition is filed, the filer (petitioning creditor) should present the Clerk's Office with a Summons to Debtor in an Involuntary Case (Form B250E, available from our website) for issuance by the Clerk. The petitioning creditor should identify the following in the summons: the caption should be completed, the first paragraph should be completed with the date the petition was filed and the chapter it was filed under, the address of the Clerk's Office should be indicated as well as the address of the petitioning creditor/counsel. If the form is in the proper order, the Clerk's Office will sign and seal the summons. The Clerk's Office will NOT serve the summons.
After service has been made, petitioning creditors must file a certificate of service with the Court within 5 days of service* as follows. Note: these instructions assume you have already accessed and logged into CM/ECF (see How to Access CM/ECF).
*per F.R.Civ.P. 4(l) made applicable by F.R.Bankr.P. 7004 (a)
Updated: February 8, 2007 (title of
Posted: September 7, 2004