Index service of an involuntary petition and the time to contest it
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List how the summons and petition were sent, the date of service printed on the proof, and the page. Leave the answer date blank.
- What the lawyer must review
- Bankruptcy Rule 1010 requires the clerk to issue a summons promptly after an involuntary petition is filed. The summons is served with a copy of the petition in the manner Rule 7004(a) and (b) provide. If that service cannot be made, the court may order mail to the last known address and at least one publication. Rule 1011(b) requires a defence or objection to be filed and served within 21 days after the summons is served, unless service is by publication on a party or partner who does not reside in, or cannot be found in, the state where the court sits, in which case the court sets the time. Rule 1013(b): if the petition is not contested within the time Rule 1011 allows, the court must issue the order for relief on the next day or as soon as practicable. You compute the 21 days from the proof of service. Section 303(h) orders relief if the petition is not timely controverted.
- Written for / version
- United States versionUSCth
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Check the current court or regulator requirements, prescribed form and attachments for the intended document and filing.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.