John Doe
Attorney At Law
Address _____________
Telephone No: ___________
Attorneys for ___________________ Pro Per
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
Case No. ________________________
In Re:
_____________________ DEFENDANT
(insert name) ________________________
FIRST STATUS REPORT
DATE: February __, 2000
Debtors. TIME: __:00 a.m./p.m.
Dept.:
_______________________________/ Honorable Judge __________________
Adversary Caption Adv No. ____________________________
_______________________________/
STATUS REPORT
Debtor, _________________ ,
hereby submit his First Status Report pursuant to
Rule 16 (Pretrial Conferences; Scheduling; Management),
herein as follows:
(a) Date Adversary Complaint Filed: ______________20000.
(b) Service of process (see Fed. R. Bankr. P. 7004)
(1) Defendant was served on ________________2000
(c) Date Answer Filed (see Fed. R. Bankr. P. 7004)
(1) Defendant ______________ filed his
answer on ________________2000
(d) Basis of Jurisdiction As alleged By Plaintiff ___________-
Plaintiff allege the basis for jurisdiction is : _________________________.
28 USC § 157
§ 157. Procedures
(a) Each district court may provide that any or all cases under title 11 and any or all proceedings arising under Title 11 or arising in or related to a case under Title 11 shall be referred to the bankruptcy judges for the district.
(b)(1) Bankruptcy judges may hear and determine all cases under title 11 and all core proceedings arising under title 11, or arising in a case under title 11, referred under subsection (a) of this section, and may enter appropriate orders and judgments, subject to review under Section 158 of this title.
28 USC §1334
§1334. Bankruptcy cases and proceedings
(a) Except as provided in subsection (b) of this section, the district court shall have original and exclusive jurisdiction of all cases under title 11.
28 USC § 1408-12
§ 1408. Venue of cases under title 11
Except as provided in section 1410 of this title, a case under title 11 may be
commenced in the district court for the district.
(d) Core proceeding:
[Read Conmplaint carefully-
if adversary complaint dies not allege whter it is a core
proceeding insert the following:
Plaintiff has failed to indicate in the complaint as to
whether his proceeding is a core proceeding.
Plaintiff will have to amend the complaint to indicate
whether his proceeding is a core proceeding.]
(c) Any expected or desired amendment of pleadings (see Fed. R. Civ. P. 15; Fed. R. Bankr. P. 7015);
(1) Plaintiff(s) must amend their complaint for the following reasons:
(a) Plaintiff cannot amend the complaint to include an adversary caption and the names of the parties because the complaint is void and a complete nullity.
(a) Plaintiff(s) have not alleged jurisdiction;
(b) Plaintiff must amend the complaint to allege jurisdiction;
(c) Plaintiff(s) must amend their complaint to indicate whether the actions is a core
proceeding Fed. Bank. R 7008, F.R. C.V.P.
(d) Joinder of parties (see Fed. R. Civ. P. 19-20; Fed. R. Bankr. P. 7019-20);
At the present time, Petitioner __________________ , does not anticipate
making a
motion to join other parties under Fed. R. Civ. P. 19-20.
(e) Anticipated motions and scheduling thereof (see e.g., Fed. R. Civ. P. 12 & 56; Fed. R. Bankr. P. 7012 & 7056);
[Possible Potential Motion - Insert only if applicable]
1) Motion To Dismiss Fed. R. Civ. P. 12
Debtors intend to file a motion to dismiss. The motion to dismiss is set for February 1, 1999.
The grounds for the motion are that:
(1) __________________ did not name any parties to the complaint in violation of FRCP § 3, 7 and 10(a)
(2). The summons is defective and ineffective to commence an action. Fed. Rule Civ. Pro. 3 and 10(a);
(3) The Creditors have failed to file an adversary proceeding against the debtors;
(4) The purported complaint does
not contain an adversary proceeding caption nor the name of the
plaintiff or of the defendant as required
by Fed Rule Civ Proc 10(a);
(5) A complaint has not been filed - commenced against the debtors within the statutory time limit (Fed Bankruptcy Rule 4004);
(6) Because there is no effective pleading on file, the pleading cannot be amended; an entirely new action must be commenced.
(7) The jurisdictional time limitation within which to file an objection to discharge has expired and the action is time barred.
2) Summary Judgment
Fed. R. Civ. P. Rule 56 Summary Judgment
(b) For Defending Party. A
party against whom a claim, counterclaim, or cross- claim is asserted or a
declaratory judgment is sought may, at any time, move with or without
supporting affidavits for a summary
judgment in the party's favor as to all or any part thereof.
3) Judgment on the Pleadings
(f) Anticipated discovery and scheduling thereof (see e.g., Fed. R. Civ. P. 26-37; Fed. R. Bankr. P. 7028-37);
(1) Interrogatories Fed. R. Civ. P 31
(2) Special Interrogatories Fed. R. Civ. P. 33
(3) Demand For Production of Documents Fed. R. Civ. P. 34
(4) Request For Admissions Fed. R. Civ. P. 36
(5) Depositions
(g) Proposed dates for completion of discovery and for filing and hearing pretrial motions:
Item of Discovery Date of Completion
1) Interrogatories
First Set September ___________, 2000
Second Set October ___________, 2000
Third Set October ___________, 2000
Fourth Set
2) Special Interrogatories
First Set November ___________, 2000
Second Set November ___________, 2000
Third Set November ___________, 2000
Fourth Set November ___________, 2000
3) Demand For Production of Documents
First Set December ___________, 2000
Second Set December ___________, 2000
Third Set December ___________, 2000
Fourth Set December ___________, 2000
4) Request For Admissions
First Set December ___________, 2000
Second Set December ___________, 2000
Third Set December ___________, 2000
Fourth Set December ___________, 2000
5) Depositions To Be Determined
Discovery should be completed by: January ___________, 2000
(h) Whether a preliminary pretrial conference and/or a discovery conference (which conferences may be telephonic) or a settlement conference with another judge would be helpful (see e.g., Fed. R. Civ.P. 16(a) & 26; Fed. R. Bankr. P. 7016 & 7026); and
The Defendants _______________________ are
unable to answer this question until there has been a
ruling on the
motion filed and set for hearing on February 1, 1999, and another motion to be
filed relating to jurisdiction and defective
pleadings and summons.
(i) Any other suggestions that may aid in the just and expeditious and disposition of this adversary proceeding.
The serving of the various defective summons and the lack of jurisdiction have deprived defendants of due process and notice. The adversary complaint should be dismissed with prejudice.
DATED: January 20, 1999 _______________________
Nancy C. Lapin Debtor