- 1). Mark your calendar. A summons is attached to a complaint; the complaint is actually what you are responding to. You must file a timely answer to the complaint, or risk a default judgment. A default judgment means that the party who filed the complaint and summons will generally receive whatever relief he asked for. Unless you represent the government, you have 30 days to submit an answer. Typically, you count the days by starting on the day following the date you received service. If the 30th day falls on a weekend or a federal holiday, then the following day is the date you must respond by.
- 2). Read the complaint. The summons was attached to a complaint, which tells you what the other party alleges and what he wants. You cannot respond to the other party's allegations and demands if you don't first read the complaint to ascertain what they are.
- 3). Consult an experienced bankruptcy attorney. One of the key issues you must either admit or deny when drafting your answer is whether the proceeding is "core" or "non-core." The distinction typically hinges on whether non-bankruptcy law could resolve the matter at issue, and the extent to which the outcome will affect the bankruptcy "estate" --- the property subject to the bankruptcy court's control. Your response could determine whether the bankruptcy judge even has power to decide the case. Accordingly, you should seek assistance from a lawyer licensed to practice in your state.
- 4). File and serve your answer. Filing an answer involves mailing it to the bankruptcy court clerk, or having your attorney submit it electronically. You must also make sure the party who initiated the proceeding receives a copy of the answer. If the other party previously registered with the bankruptcy court's electronic filing system, then it will receive notice of your filing soon after you file it online.
previous post