Part VI - Adversary, Pre-Trial, Registry Funds

7004-1      ADVERSARY PROCEEDINGS-SERVICE OF PROCESS

Upon filing of a Complaint, a Summons and Pretrial Order will be issued and delivered to complainant's counsel for service; counsel may obtain blank forms from the clerk and may fill them in prior to filing to expedite issuance of the Summons. Counsel for complainant must serve the Summons, Preliminary Pretrial Order and Complaint and must timely file proof of service.
 
 
7016-1      PRE-TRIAL PROCEDURES
 

A. Summons Will Set Pretrial Conference. Each adversary proceeding will be set for a pretrial conference as soon as possible after filing, unless otherwise directed by the Court.

B. Pretrial Conference. The preliminary pretrial conference and/or pretrial conference must be attended by trial counsel who must be prepared to discuss settlement and who must present at the conference, or earlier if ordered, all information in the form required by the pretrial  order. The procedure for setting additional conferences which may be needed in the more complex litigation shall be determined by the Bankruptcy Judge at the preliminary pretrial conference.

C. Division Variances. The Bankruptcy Judge of each division will devise and implement the pretrial procedures to be used in such division and such procedures shall be set forth in detail in the Pretrial Order served with the Summons and Complaint or in any subsequent Order  from Pretrial Conference.


7055-1      FAILURE TO PROSECUTE

Failure to serve the Summons, Preliminary Pretrial Order and Complaint and timely filed proof of service may result in dismissal for failure to prosecute the case unless good cause is shown for different disposition.
 
 
7067-1      REGISTRY FUND

Prior to a deposit into or withdrawal from the registry of the court, it shall be the responsibility of the party depositing or withdrawing such funds to provide an original proposed paper order, rather than an electronic order, permitting the deposit or withdrawal.