.jpg)
summons and notice of status conference
What else would you do with it?
Sent from my iPhone
On Dec 30, 2011, at 4:14 PM, Kirk Brennan wrote:
> Does the Adversary Proceeding Cover Sheet also need to be served along with the summons and complaint?
>
>
> On Fri, Dec 30, 2011 at 8:29 AM, Dennis wrote:
>
> The summons is two sided. After it is served, fill out the pos on the back and file it.
>
> Sent from my iPhone
>
> On Dec 29, 2011, at 10:40 PM, Kirk Brennan wrote:
>
>>
>> So is the correct procedure to file the summons and notice of status conference with the complaint and adversary cover sheet, then wait for the clerk before serving anything?
>> If so, is a proof of service then filed on its own?
>>
>>
>>
>> On Thu, Dec 29, 2011 at 6:04 PM, Jason Wallach wrote:
>>
>> Wait. Nothing to serve until the clerk schedules and issues the summons and notice of status conference. Then you mail it and prepare and file proof of service.
>>
>>
>> Jason Wallach
>> jwallach@gladstonemichel.com
>>
>>
>>
>> On Dec 29, 2011, at 6:03 PM, Kirk Brennan wrote:
>>
>>>
>>> My first time filing a complaint:
>>>
>>> Does the Summons and Notice of Status Conference need to have the proof of service filled in when the complaint is first filed?
>>> Or does that wait until the clerk has the hearing date and time, and then get filled in?
>>>
>>> Thanks,
>>>
>>> --
>>> Kirk Brennan, esq.
>>> California Law Office, P.C.
>>> calibankrutpcysite.com
>>>
>>> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
>>> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
>>>
>>
>>
>>
>>
>> --
>> Kirk Brennan, esq.
>> California Law Office, P.C.
>> calibankrutpcysite.com
>>
>> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
>> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
>>
>
>
>
>
> --
> Kirk Brennan, esq.
> California Law Office, P.C.
> calibankrutpcysite.com
>
> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
>
>
What else would you do with it?Sent from my iPhoneOn Dec 30, 2011, at 4:14 PM, Kirk Brennan <kirkinhermosa@gmail.com> wrote:
Does the Adversary Proceeding Cover Sheet also need to be served along with the summons and complaint?On Fri, Dec 30, 2011 at 8:29 AM, Dennis <easky1@yahoo.com> wrote:
The summons is two sided. After it is served, fill out the pos on the back and file it. Sent from my iPhoneOn Dec 29, 2011, at 10:40 PM, Kirk Brennan <
The post was migrated from Yahoo.
Does the Adversary Proceeding Cover Sheet also need to be served along with
the summons and complaint?
On Fri, Dec 30, 2011 at 8:29 AM, Dennis wrote:
> **
>
>
> The summons is two sided. After it is served, fill out the pos on the back
> and file it.
>
> Sent from my iPhone
>
> On Dec 29, 2011, at 10:40 PM, Kirk Brennan
> wrote:
>
>
>
> So is the correct procedure to file the summons and notice of status
> conference with the complaint and adversary cover sheet, then wait for the
> clerk before serving anything?
> If so, is a proof of service then filed on its own?
>
>
> On Thu, Dec 29, 2011 at 6:04 PM, Jason Wallach jwallach@gladstonemichel.com> wrote:
>
>> **
>>
>>
>> Wait. Nothing to serve until the clerk schedules and issues the summons
>> and notice of status conference. Then you mail it and prepare and file
>> proof of service.
>>
>> Jason Wallach
>> jwallach@gladstonemichel.com
>>
>>
>>
>> On Dec 29, 2011, at 6:03 PM, Kirk Brennan wrote:
>>
>>
>>
>> My first time filing a complaint:
>>
>> Does the Summons and Notice of Status Conference need to have the proof
>> of service filled in when the complaint is first filed?
>> Or does that wait until the clerk has the hearing date and time, and then
>> get filled in?
>>
>> Thanks,
>>
>> --
>> Kirk Brennan, esq.
>> California Law Office, P.C.
>> calibankrutpcysite.com
>>
>> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
>> exclusive and confidential use of the intended recipient. If you are not
>> the intended recipient, please do not read, distribute or take action in
>> reliance on this message. If you have received this message in error,
>> please notify us immediately by return e-mail and promptly delete this
>> message and its attachments from your computer system. We do not waive
>> attorney-client or work product privilege by the transmission of this
>> message.
>> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
>> constitute a "reliance opinion" as defined in IRS Circular 230 and may not
>> be used to establish reasonable reliance on the opinion of counsel for the
>> purpose of avoiding the penalty imposed by Section 6662A of the Internal
>> Revenue Code. The firm provides reliance opinions only in formal opinion
>> letters containing the signature of a director.
>>
>>
>>
>
>
> --
> Kirk Brennan, esq.
> California Law Office, P.C.
> calibankrutpcysite.com
>
> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
> exclusive and confidential use of the intended recipient. If you are not
> the intended recipient, please do not read, distribute or take action in
> reliance on this message. If you have received this message in error,
> please notify us immediately by return e-mail and promptly delete this
> message and its attachments from your computer system. We do not waive
> attorney-client or work product privilege by the transmission of this
> message.
> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
> constitute a "reliance opinion" as defined in IRS Circular 230 and may not
> be used to establish reasonable reliance on the opinion of counsel for the
> purpose of avoiding the penalty imposed by Section 6662A of the Internal
> Revenue Code. The firm provides reliance opinions only in formal opinion
> letters containing the signature of a director.
>
>
>
Kirk Brennan, esq.
California Law Office, P.C.
calibankrutpcysite.com
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you are not
the intended recipient, please do not read, distribute or take action in
reliance on this message. If you have received this message in error,
please notify us immediately by return e-mail and promptly delete this
message and its attachments from your computer system. We do not waive
attorney-client or work product privilege by the transmission of this
message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
constitute a "reliance opinion" as defined in IRS Circular 230 and may not
be used to establish reasonable reliance on the opinion of counsel for the
purpose of avoiding the penalty imposed by Section 6662A of the Internal
Revenue Code. The firm provides reliance opinions only in formal opinion
letters containing the signature of a director.
Does the Adversary Proceeding Cover Sheet also need to be served along with the summons and complaint?On Fri, Dec 30, 2011 at 8:29 AM, Dennis <easky1@yahoo.com> wrote:
The summons is two sided. After it is served, fill out the pos on the back and file it. Sent from my iPhoneOn Dec 29, 2011, at 10:40 PM, Kirk Brennan <kirkinhermosa@gmail.com> wrote:
So is the correct procedure to file the summons and notice of status conference with the complaint and adversary cover sheet, then wait for the clerk before serving anything?If so, is a proof of service then filed on its own?
On Thu, Dec 29, 2011 at 6:04 PM, Jason Wallach <jwallach@gladstonemichel.com> wrote:
Wait. Nothing to serve until the clerk schedules and issues the summons and notice of status conference. Then you mail it and prepare and file proof of service.
The post was migrated from Yahoo.
The summons is two sided. After it is served, fill out the pos on the back and file it.
Sent from my iPhone
On Dec 29, 2011, at 10:40 PM, Kirk Brennan wrote:
> So is the correct procedure to file the summons and notice of status conference with the complaint and adversary cover sheet, then wait for the clerk before serving anything?
> If so, is a proof of service then filed on its own?
>
>
>
> On Thu, Dec 29, 2011 at 6:04 PM, Jason Wallach wrote:
>
> Wait. Nothing to serve until the clerk schedules and issues the summons and notice of status conference. Then you mail it and prepare and file proof of service.
>
>
> Jason Wallach
> jwallach@gladstonemichel.com
>
>
>
> On Dec 29, 2011, at 6:03 PM, Kirk Brennan wrote:
>
>>
>> My first time filing a complaint:
>>
>> Does the Summons and Notice of Status Conference need to have the proof of service filled in when the complaint is first filed?
>> Or does that wait until the clerk has the hearing date and time, and then get filled in?
>>
>> Thanks,
>>
>> --
>> Kirk Brennan, esq.
>> California Law Office, P.C.
>> calibankrutpcysite.com
>>
>> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
>> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
>>
>
>
>
>
> --
> Kirk Brennan, esq.
> California Law Office, P.C.
> calibankrutpcysite.com
>
> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
>
>
The summons is two sided. After it is served, fill out the pos on the back and file it. Sent from my iPhoneOn Dec 29, 2011, at 10:40 PM, Kirk Brennan <kirkinhermosa@gmail.com> wrote:
So is the correct procedure to file the summons and notice of status conference with the complaint and adversary cover sheet, then wait for the clerk before serving anything?If so, is a proof of service then filed on its own?
On Thu, Dec 29, 2011 at 6:04 PM, Jason Wallach <jwallach@gladstonemichel.com> wrote:
Wait. Nothing to serve until the clerk schedules and issues the summons and notice of status conference. Then you mail it and prepare and file proof of service.
The post was migrated from Yahoo.
charsetF-8
A Summons cannot be served until it is issued by the clerk. The complaint must be served with an issued summons that has not become stale (ie
start="6r02ay8kbssg@webmail.mysuperpageshosting.com"
charsetF-8
p{margin: 0;padding: 0;}
A Summons cannot be served until it is issued by the clerk. The
complaint must be served with an issued summons that has not become stale
(ie < 14 days) under the FRBP
7004(e). Otherwise the defendant has a blank summons and no notice of
what is required by what deadline. The summons and compalint do not
even have a case number if mailed to defendant before the complaint is
filed. The proof of service of summons on Form F 7004-1 is filed after
service. The language of the proof service states that you
are attaching a copy of the served document to be clear what exactly was
served.
I have seen these basic civil procedure rules neglected many times. The
net result is no valid effecuation of service of process and the
defednant has no duty to respond. Unfortunately, clerks and
judges do not always catch the service of process defects. To catch the
defects requires an attentive review of the case timeline, issuance date of
the summons and the claimed service dates in the proof of service.
They are reflected on different documents filed on different days
and are not caught upon a cursory glance. I have seen several
instances where proofs of service are filed claiming service
occured even before the complaint was filed or the summons
issued. Default judgments are sometimes issued and a Defendant
may come back later and set aside any such default judgment as a result of these
types of errors. I once represented a defendant in an adversary complaint
where service of process was not validly effecuated until the 9th alias summons
issued about 11 months after the complaint was filed, because of a string of
such mistakes. Accordingly, It is always wise to dot the i's and cross the
t's, double check the FRBP's and local rules requirments when it comes
to service of process.
Mark T. JesseeLaw Offices of Mark T. Jessee"A Debt Relief
Agency"50 W. Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805)
497-5868 (805) 497-5864 (Facsimile)NOTICE TO RECIPIENT: THIS E-MAIL IS
MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND THIS
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ADVANCE FOR YOUR COOPERATION.
On Thu, 29 Dec 2011 22:40:24 -0800, Kirk Brennan
wrote:
The post was migrated from Yahoo.
So is the correct procedure to file the summons and notice of status
conference with the complaint and adversary cover sheet, then wait for the
clerk before serving anything?
If so, is a proof of service then filed on its own?
On Thu, Dec 29, 2011 at 6:04 PM, Jason Wallach wrote:
> **
>
>
> Wait. Nothing to serve until the clerk schedules and issues the summons
> and notice of status conference. Then you mail it and prepare and file
> proof of service.
>
> Jason Wallach
> jwallach@gladstonemichel.com
>
>
>
> On Dec 29, 2011, at 6:03 PM, Kirk Brennan wrote:
>
>
>
> My first time filing a complaint:
>
> Does the Summons and Notice of Status Conference need to have the proof of
> service filled in when the complaint is first filed?
> Or does that wait until the clerk has the hearing date and time, and then
> get filled in?
>
> Thanks,
>
> --
> Kirk Brennan, esq.
> California Law Office, P.C.
> calibankrutpcysite.com
>
> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
> exclusive and confidential use of the intended recipient. If you are not
> the intended recipient, please do not read, distribute or take action in
> reliance on this message. If you have received this message in error,
> please notify us immediately by return e-mail and promptly delete this
> message and its attachments from your computer system. We do not waive
> attorney-client or work product privilege by the transmission of this
> message.
> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
> constitute a "reliance opinion" as defined in IRS Circular 230 and may not
> be used to establish reasonable reliance on the opinion of counsel for the
> purpose of avoiding the penalty imposed by Section 6662A of the Internal
> Revenue Code. The firm provides reliance opinions only in formal opinion
> letters containing the signature of a director.
>
>
>
>
Kirk Brennan, esq.
California Law Office, P.C.
calibankrutpcysite.com
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you are not
the intended recipient, please do not read, distribute or take action in
reliance on this message. If you have received this message in error,
please notify us immediately by return e-mail and promptly delete this
message and its attachments from your computer system. We do not waive
attorney-client or work product privilege by the transmission of this
message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
constitute a "reliance opinion" as defined in IRS Circular 230 and may not
be used to establish reasonable reliance on the opinion of counsel for the
purpose of avoiding the penalty imposed by Section 6662A of the Internal
Revenue Code. The firm provides reliance opinions only in formal opinion
letters containing the signature of a director.
So is the correct procedure to file the summons and notice of status conference with the complaint and adversary cover sheet, then wait for the clerk before serving anything?If so, is a proof of service then filed on its own?
On Thu, Dec 29, 2011 at 6:04 PM, Jason Wallach <jwallach@gladstonemichel.com> wrote:
The post was migrated from Yahoo.
charsetndows-1252
Wait. Nothing to serve until the clerk schedules and issues the summons and notice of status conference. Then you mail it and prepare and file proof of service.
Jason Wallach
jwallach@gladstonemichel.com
On Dec 29, 2011, at 6:03 PM, Kirk Brennan wrote:
> My first time filing a complaint:
>
> Does the Summons and Notice of Status Conference need to have the proof of service filled in when the complaint is first filed?
> Or does that wait until the clerk has the hearing date and time, and then get filled in?
>
> Thanks,
>
> --
> Kirk Brennan, esq.
> California Law Office, P.C.
> calibankrutpcysite.com
>
> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
>
>
charsetndows-1252
Wait. Nothing to serve until the clerk schedules and issues the summons and notice of status conference. Then you mail it and prepare and file proof of service.
Jason Wallach
The post was migrated from Yahoo.
My first time filing a complaint:
Does the Summons and Notice of Status Conference need to have the proof of
service filled in when the complaint is first filed?
Or does that wait until the clerk has the hearing date and time, and then
get filled in?
Thanks,
Kirk Brennan, esq.
California Law Office, P.C.
calibankrutpcysite.com
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you are not
the intended recipient, please do not read, distribute or take action in
reliance on this message. If you have received this message in error,
please notify us immediately by return e-mail and promptly delete this
message and its attachments from your computer system. We do not waive
attorney-client or work product privilege by the transmission of this
message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
constitute a "reliance opinion" as defined in IRS Circular 230 and may not
be used to establish reasonable reliance on the opinion of counsel for the
purpose of avoiding the penalty imposed by Section 6662A of the Internal
Revenue Code. The firm provides reliance opinions only in formal opinion
letters containing the signature of a director.
My first time filing a complaint:Does the Summons and Notice of Status Conference need to have the proof of service filled in when the complaint is first filed?Or does that wait until the clerk has the hearing date and time, and then get filled in?
Thanks,-- Kirk Brennan, esq.California Law Office, P.C.calibankrutpcysite.comCONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
The post was migrated from Yahoo.