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?

Related Topics:
1 Lawyer Answer
W. J. Winterstein Jr.
W. J. Winterstein Jr.
  • 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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.