Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Hi. This is BoredAtty … I changed my username last week to TJG, Esq. (hopefully it sounds a little more professional). One of this website’s moderators just sent me the link to this question because I hadn’t yet noticed it.
With regard to your question … it appears to be a document unique to California. However, I was able to review a copy of it online, and I do see that you need to take action. Near the bottom of the last page you’ll see a paragraph that states:
The summons, complaint, and this order shall be served by the plaintiff within 10 days of the date of this order. A return or proof of service shall be filed within 5 days after service.
So, you need to have the defendant served with the summons, complaint and the order to confer. Once you serve the defendant, you will need to file proof that you made such service with the court. You have 10 days to serve the defendant, and 5 days to file the proof of service.
Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.
Hi again. At the Discovery Conference, you'll have to discuss the possibility of settling. This generally means you must make a good faith effort to settle. It does not mean you need to compromise, however. You'll also need to make the disclosure requirements according to Federal Rule of Civil Procedure 26(a), which you can view HERE. At the Conference, you’ll also need to agree on a Discovery Plan that deals with the 3 areas listed on the Order.
So, at this point you should probably contact the opposing party and attempt to schedule the Discovery Conference. According to the Order, it must occur at least 21 days before the Status Conference that should have been mentioned in the summons.
With regard to priorities, they are located in § 507 of the Bankruptcy Code. Scroll down to (a)(8) and you’ll see “allowed unsecured claims of governmental units”. This gets a little complicated, and I can’t really state it better than how it is discussed at THIS WEBSITE. Scroll down to the portion that discusses “PRIORITY TAX CLAIMS”. There are three separate rules at play: The 3 year rule, the 240 day rule, and the post petition rule. By reviewing those rules, you’ll be able to determine which of your tax liabilities are priority claims.
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