I need to change some addresses on my creditor matrix which requires me to file a proof of service after mailing BK forums to the changed creditors. I am having the hardest time find this form. It's not on my districts bk forms site and I can't find one anywhere else. Can someone point me in the right direction. I'm in the California Eastern District if that matters. ~thanks
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Proof of Service Form
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There is usually no specific form. A Proof of Service is just a statement that you have served the named paper(s) on one or more creditors. Just search Google for "proof of service bankruptcy".
Local Rules
Welcome to the United States District Court for the Eastern District of California. The Eastern District encompasses the largest geographical area of the four districts in California. The district stretches from the Oregon border in the north to the Tehachapis in the south and from the Coastal Range in the west to the Nevada Border in the east. Main divisional offices are located in Sacramento and Fresno with outlying magistrate judges sitting in Yosemite, Redding, and Bakersfield.
Proof of Service for Paper Documents. When service of any pleading, notice, motion, or other document required to be served is made, proof of such service shall be endorsed upon or affixed to the original of the document when it is lodged or filed. Except for ex parte matters, a paper document shall not be submitted for filing unless it is accompanied by a proof of service. Proof of service shall be under penalty of perjury and shall include the date, manner and place of service.
See my BLOG here which has a document called STRIPPED Notice of Conversion Chapter 7.pdf. There's a "Certificate of Service" in that document. You can use it as a "guide".
However, and I'll re-iterate, please make sure you read the local procedures for your Eastern California District to ensure that you don't end up getting a deficiency notice.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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I am also amending my creditor mailing matrix for the Eastern District of California. Does the "Proof of Service by Mail" need to be signed by a 3rd party that is not involved in the bankruptcy or can I, the debtor, sign the Proof of Service?
Also I filed the Amendment Cover sheet the other day with the amended matrix, however I did not sign the proof of service part in the middle of the page. Do I need to file another complete Amended Cover Sheet or do I just sign the Proof of Service part (in the middle of the page) and file that?
Thanks so much. I need help as soon as possible. Thank you
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If that's specific to your Local District's rules, then you can either sign that or attach a separate certificate of service.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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I'm reading through our local rules, and I can't find anything that says I need to serve the trustee if I file an amendment. However, I have just come across the form stating I had no income. The second page of the form was a notice of service to the Trustee. I didn't have the trustee's information at the time of filing. Guess I shall have to send him the copy and then have that notice filed. Every day is live and learn, study, research, repair, and PRAY lolFiled pro se, made it through the 341, discharged, Closed!!!
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At least here in the Northern District of Georgia, there is a rack of forms in the Clerk's Office, containing a form for Proof of Service. Might want to check at the evil courthouse to see if they have a preferred form that is not listed on their website.
John
Edit: Oh, and here, it does not require any other signature than mine on the form.Filed Chapter 13 pro se: 9/30/2008, 341 Meeting: 11/15/2008, Plan Approved: 1/6/2009, 100% of all claims paid: 10/19/2010. Trustee closed case: 11/5/10 DISCHARGED: 11/18/10
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