Flower Mound, TX asked in Bankruptcy for Texas

Q: Does a law firm in another state working a bankruptcy case have to serve those being sued "in person" ?

Or can they legally serve you by mail? What happens if you don't get the papers?

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1 Lawyer Answer
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
Answered
  • Bankruptcy Lawyer
  • Boyertown, PA

A: The original Notice of the filing of a bankruptcy case is sent out by the Bankruptcy Court Clerk, not the debtor or his lawyer, but using the addresses provided by the debtor's original filings of names and addresses of creditors and other interested parties. Unreturned mail is sent back to debtor's counsel, for a fix.

The same is true of Motions (the US Attorney and US Agencies have special rules of service).

And Adversary Complaint must be served, provably, by Certified US Mail (showing signed receipt) or in person.

You do not identify what "papers" you have in mind. In some instances, a failure to serve can be rebutted.

Speak to an experienced bankruptcy lawyer in your jurisdiction to determine the Rules of service applicable to you.

Timothy Denison agrees with this answer

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